Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-22


Wednesday, April Is.
Mr. imunds offered an amendment to
Mr.. Sumner order SO framed as to require
additional arguments of managers to be filed
before the conclusion of the closing argument
for the defence.
Mr. Nelson expressed the desire that he
and one Of his associates should be permitted
t. make oral arguments.
Mr. CJuness offered substitute allowing
as many to speak on both sides as may desire,
providing that no more than four days be
consumed by each. which was not agreed to
10 u 81
lIr. Do little offered an amendment pro-
yiding that the opposing counsel should speak
hv twoS. alternately. until ali had finished.
Mr. Drake moved to postpone the whole
~uh1cct indefinitely. Agreed to by a vote of
&4 To Is.
Mr. Evarts said, although Mr.. Stanbery
Was not able to he present yet, wishing to
avoid DELAY. the counsel would proceed to
offer documentary evidence to-day.
Dewitt c. Clarke, the Executive Clerk of
rhe senate. was sworn, and verified the mes
sage nominating the Hon. Thomas Ewing,
Secretary of War. Feb. -, 1868.
Mr. Curtis then offered the message dated
Feb 9th, in response to the Senate's reso-
latipn concerning the removal of Mr.. Stan
rln
Nr. Butler objected.
Mr. Butler argued that the message was
5u the nature Of Il criminals defence, made
after the accusation was brought, and said
ic wondered the counsel dared offer it.
tir Eycris replied. criticising very sharp
Iyt.e words last used. which he said he had
never been accustomed to hear applied to Op-
poueuts IN judicial arguments, and proceeded
10 maintain the legal admissibility of the
document.
The Chief Justice rose and expressed his
uuiuipn that the resolution of the Senate did
not call for u reply. The answer volunteered
,qa. NOT called in question, and Mr.. Curtis
offered a table, showing the names, charac-
tar~ and tenure of almost all the civil offices
lu thr government.
Dn motion of Mr. Trumbull it ordered
r1 fe printed as a part Of the proceedings
The counsel then offered a transcript of
die proceedings in the case of Pickering, re-
rna,r4I f.v thc elder Adams. An attested copy
of PIc-iicut Tvler's designation of John
Nelson t, act a. Secretary OF State al 1nterim
and ouc of the Scuates concurrence in the
apuliut,nent of his successor were then put
ia evidence. also a similar paper relating TO
the appointment of Secretaries Gd interim by
Presidents Fillmore, Buchanan and Lincoln,
and tile confirmation by the Senate of their
-l.-eSs,r--
SIR Curtis next offered documents which
.nerrc,i the renewal of an assessor and sOllc-
itsr IN Philadelphia by the acting Secretary
rs J.e Treasury in ISL
IEcir reception was opposed by the mana
.-er,. but the Chief Justice ruled that Mr.
l4rn-r-acting by direction of the President
tie cvlGence concerning his acts were rele-
want t1 the question ofthe President power
tHe documents were received
& I.D1 controversy was iudulged in over
rt.. ..l.iI-sibility of extracts from the records
.f auuainsiucuts in the Navy Department,
hat 5hc senate finally admitted them.
Mr. Curtis (prDducing further documents)
-fie~c are documents from the Department
of STATE. showing the removal Of Heads OF
Dcrarrsncut~ not only during the session of
tbc senate. but during recess, and covering
aIl eau-cs the purpose being to show prac-
tiee OBJ the Government cO-extenslve with the
different cases that arose out of different eau
-c--4s..ths designations. sickness, absence,
removal! 1T differs from the schedule which
ta~ }.cn nut in by the learned Managers to
NJ cover Tie heads Of Departments only, be
cause that applies only to removals during
the session Of the Senate. 1t includes them,
hur f includes great deal more matter
Mr. Curtis then offered documents from the
Postmaster Generals office, showing the re-
1no,aI of Postmasters during the session of
the Senate. and ad interim appointment to
fll -uch places. All these were submitted
{Ir. Curti--I now offer in evidence from
the Journal of the Senate, vol +, second ses-
eiuu Of tie .Oth Congress, a message OF Pres
iIeut Hue hauan To the Senate in reference to
ttc Office uf Secretary for the Department OF
War. and to the manner in which he had
filed that Office in the place of Mr.. Floyd.
Ac-,mraniu- that message is a list of the
names of persons as shown by the records
Of the Stale Department, who discharged the
duties of Cabinet officers, whether by APP
Eoiutmeut made during recess of the Sen
ate OF by an al interim appointment This
list is presented as appendix to the mes
sage. and wish the message to be read.
Mr. Butler objected the ground that
being message of Mr. Buchanans it could
hot be put in evidence in this case any more
than the declaration of any one else. He
woold like to have MIR. Buchanan on the
stand and ask him some questions however
One would lie as 10 his state of mind, anc
whether lie had any clear perception of his
duties ID tile time daughter
lie also objected to it the ground that
most of tic message consisted of statements
oi Mr. Jeremiah ID. Black, who concluded
that lie would not have anything to do with
ttis case anyhow.
Mr. Gurus said ne offered it to showIwhat
the pactIce of the Government
Nr Iutlcr-I object once for ALL to the
Tract &C Of tie Government being shown by
acts If = mes Buchanan or jeremiah Black
The Chief Justice put the question to the
Senate and the testimony was admitted with
cut a division Tie Clerk then read Mr.
Euchanans message in reference to filling
the Office OF Secretary of War, vacated by th
resignation of Floyd.
Ar Curtis then said We have now con
cluded our documentary evidence as at pres
ent advised We may possibly desire here
after TO offer some add tional evidence of thi
character, but we now understand it VI
shall have no more 10 offer.
The Court then, on motion of Mr.. John
son. at o'clock adjourned until noon to
morrow
WASHINGTON, April 16, 1868.
Mr. Sumner offered an order to admit an
receive all evidence offered. Laid on tn
table-22 to q. 1t was as follows
MR. SUMMERS RESOLUTION
Con.idering the character of the proceed
ing. that it Is a trial Of Impeachment befor
the Senate Of the United States, and not
proceeding Of Indictment in an inferior court
considering that Senators are from beginnIn,
~ end Judges of the law as well of fact
AMI that they are judges from whom there Ii
no appeal; considering that the reasons TO
nc exclusion of evidence on an Ordinar,
trial where the Judge responded to the law
and the jury to the fact, are not applicable
70 such proceedings; considering that &C
cording to parliamentary usage, which is th
guide IN such case, there is on trials of i'm
peachnent certain latitude of inquiry ant
u freedom from tccbnicality; and considering
finally that already in the course of thi
,rial there have been differences of opinion