New-York tribune., 1868-05-02
THE FULL REPORT.

The FULL REPOkI.
The Court was opened this morning with the
usual formalites, and Mr.. EyARTs at once proceeded
TO finish his task, as follows:
CONCLUSION OF Mr.. EvARIs's ARGUMENT.
Mr. ChiefJustice and Senators, cannot but feel that
notwithstanding the unfailing courtesy and the long
suffering patience which for myself and my associates,
have cheeruy to acknowledge the part of the Court
in the progress Of this trial. and in the long arguments
you had reached the adj Ournment yesterday, some
what the condition OF feeling OF very celebrated Judge
whO when a very celebrated lawyer Mr.. Curran, had
conducted argument the subject OF contingent re-
and suggested that he would proceed whenever II
should be his Lordshp pleasure TO hear him responded
The Court will hear yOu SIR, tomorrow hut AS 10 the
pleasure that has been long out of the question: Laugh
ter Be that as it may duties must be done however
arous and certainly your kindness and encouragement
relieves from all unnecessary fatigue the progress OF te
Court We will look for moment under the light that
have sought to throw the subject little more par
tculary the two acthe OF 1875 and the other OF
lS53that have relation to this subject OF al interim a
vacancy office of the Secretary Of state Secretary
Treasury the Secretary of the Department Of
officer Of either Of the said Departments
whose appointment is not in the heads thereof whereby
they cannot perform the duties OF Their sad respective
States IN he should think IT necessary 10 authorize
any person or PERSONS at ms discretion 10 perform he
pointed. such vacancy be filled Frootded that no one
vacancy shall be supplied IN manner Aforesaid @ ioI a
longer term than six months" The act OF 1868, whch
passed under the suggestion OF the PRESIDENT OF the
which have read to the other departments but for the
extension of the temporary disability provision Oi ls
case odeah resignation absence the Of government
bead Of Executive Department officer Of
whereby thsg csunct perform 6e duties respective
shall be lawful for the President fthe United States IN case be should
think it necessary. to authorize -
not any person persons as In the act OF 1872 but
authorize other o. said departments whose appointment vested
President his discretion to perform the duties Of the said re-
pectye Offices until be appcnied or until sah absence
supplied aforesaid for longer term than 1 months
Now will be observed that the eighth section Of the
act Of 1892 TO which will call your attention. being
found on page 2Sl, provides thus:
sickness tSe Sesrststy e. State seeie tue reass
the War Departments OF Of any oher Of sher OF th sad De
canBot perform duties their respective Offices shall be lawful for
authorize any person persons discretion perform the
said respective Offices uut be appointed or until the
ssid disability by absence sickness shall cease"
Now j am told or l understand from the argument,
of War hy the competent and effective removal of Mr..
by the exercise Of the Presidents authority IN
his paper order, which thus comes to be some iniracon
of law by reason of the Presidents designating Gen
Thomas the I'D interim charge OF the office because IL
said that though under the act Of 1885, or under the
OF 1892 Gen. Thomas under the eomprshensio1 OF
a py pesSp see or @ appomen yet that he
does not come within the ~ nmited i,, ana re 10,
which proposed by the act Of 1863 1t must be assumed
the argument that the whole range OF selection per
mitted under that act Of the heads OF Departments
But your attention drawn TO the fact that II permits
the President 10 designate any who either the mead OF
Department holds any Office III any Department the
appointment OF which is by the President and wonld
like to know why Gen Thomas, the AdjutantGenerato
that Department OF War; Is not person appointed by
the President and open 10 his selection for tins tempo
ray duty and would like TO know upon what principle
Of ordinary succession any officer could be
found better suited to assume, for day OF week the
General Of the armies OF the United states, being the
sta officer Of the President and tine person who stands
there the principal directory and Immediate agent
of the War Department in the exercise OF its
ordinary functions. cannot but think 1t Is Too absurd
for me argue the Senate that the removal OF the Pres
dent of the United states would not depend upon the
0uestion whether AdutaDtGenera was proper tocD
repeated and unrepeated statutes, the President
have erred, in that III which he thought his nghuul
authority Let me call your attention now 10 an exercise
OF Tins power Of ad interim appointment found IN the
Administration Of President Lincoln Page No 5s2 o the
Records before the enactment OF the statute OF 1863 Now
YOU will observe that before the passage 0 the Act OF
1868 force statute or authority for the dd
interim discharge Of he iofces except the acts OF Is2
ana 1895 which were limited III their terms 10 the De
partments of War, Of state, and OF the Treasury
Lincoln, not InfTactiOn OF the prohlbory statute
with penalty but Of technical appointment WITHOUT
fine adeGuate support OF enabling act OF Congress 10
cover IT. he proceeded on Sept %, 1862 to appoint
John Il. skinner then Acting FIRST Postmaster
General 10 the POstmasterGeneral, al uieT1, III pace
of Mr. Montgomery Blair, who was temporarily absent
That was in the Department OF the Post-O not
covered bv the acts 1872 and 1885, Now. would like
10 know whether when MI. Lincoln appointed Mr. SKID
to be PostnasterGeneral without an enabling ana 10
be npeachedl whether that Is crime against the CO-
stitution, and his oath OF oiee whether ~ Is unty uue
moved and new election ordered can not Dus IN
upon always separating from these crimes aegtd ~
and that has been proved, and when the answer
is not even permitted to IeDut Dy testimony
Mr. Eyarts next alluded 70 the dd interim appoint
mens OF Mr. Nelson in the State Department on the 2St
Of February, si OF Cen scott IN the war & I
Department on the 10th OF june lS6l ana Oh "en
Holt III the War Department on the Isl OF Juhe lSoI
through all possible allegations OF nfracuons OF the stat
ME come the removal Of Mr.. Stanton. which IS
charged as a high crime and misdemeanor the first ar
maj in1utation and under the Presidents defense the
erin
which Judgment is 20 be passed The necessary cOnces
on 70 hs obvious suggestion will release very much
from the difficulty OF any protracted discussion before
taking ND the form Of the article and the consideration
of the facts of the procedure. ask attention 10
some general lights TO he thrown both the cOnstrue
On OF the act by the debates IN Congress ana W the re-
The purpose or intent II the President Most extraord
nary views have been presented In behalf OF the House
of Representatives reference 10 Cabinet Ministers fas
tened upon them by the observation OF the honorable
Manager (Mr BoutwelD, have sufficiently referred to-
aud reeOect that there are In your number two or three
other honorable senators-the honorable Senator fIom
MARYLAND r Johnson and the honorable Senator from
Iowa CSlr. HaraD), who must take their share
Of the opprobrium which 1 yesterday divided
among three members Of the Court alone.
The ability of the President TO receive aid and direction
from these Heads Departments has been presented
dangerous innovation, as sort OF Coun-
Gil which was 70 devoqI pS enats aS have aready haS
their views changed that subject since the tune When
was made 10 President Lincoln IN refer
ene 10 his Cabinet to which beg to call the attention
Mr. Fyarts read ON this point the remonstrance signed
nv ., Senators and addressed 10 Mr. Lincoln on the sub
& ~ Tetainng Mr blair In his Cabinet claiming that the
theory of the Government Is and should be- that Cab
inet Inst agree with the President IN poucai pflncipes
and that such selection and choice shoud 10 ade as 70
secure I'm the Cabinet unity Of purpose ana acuon ana
that the Cabinet should be exclusively conposen OF
statesmen who cordial, resOlute ana ing sup
porters Of the principles and purposes Of the AunA
tiOn. -, -. A. x,oro,
Nj Evarts said: The paper has no date, Dnt the re-
marks think were time In the year ieol or Sos
II was transaction and juncture when y Ia,iat ~ t
TO the recollection OF Senators who took part ia H. anu
doubtless 10 all the public men whom have now tne
honor 10 address Now, the honorable Managers on pe
half of the House OF Representatives, DO not hod 10 s
idea AT a-not ALL and mnst think that the course OF
events accordS In the administration of the laws OF eV
O'Oho