Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-03
LATEST TELEGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
Conclusion OF Mr.. Sianbery'S
Argument.
CONGRESSIONAL PROCEEDINGS,


WASHINGTON, May 2.-Mr. .Stanbery
then resumed his speech, arguing that if II
be held that Mr.. Stanton did come within
the purview of the tenure of office act, no
removal is the gravamen of the charges.
The tenor of every article is that Mr. Stan
ton never has been removed in law or in
fact, and that there has been at no time
vacancy. The proof shows that Mr.. Stan
ton remains in possession and that his
official acts continue to be recog-
nized. The act contains no provision
forbidding an attempt to cause a re-
moyal or making it penal to Issue an
order for that purpose; but if the Sena-
tors should be of the opinion that the ten
ure of office act protected Stanton, and
that the attempt Ia remove him was equiv
client to a removal, he argued, first, That
the President had the right to construe the
law for himself; and if, in the exercise of
that right he committed an error of con
struction, aud acted under that error, he is
not to be held responsible. Second That
if he had so construed the law as to be of
the opinion that Mr.. Stanton was intended
to be protected against this power of re-
moval, and erred in an opinion that the law
in that respect was contrary to the Consti-
tuition, he is not to be held responsible if
he therein committed an error.
Mr.. Stanbery argued these points at
length, reading from Jefferson, Jackson,
and Van Buren,, to sustain his views. He
next argued that the tenure of office act
was never held by the Supreme Court to be
constitutional, but even if it had been
what ground would there be for holding
| the President guilty Of high crime and
| misdemeanor, in forming an opinion sane
| toned by three of his predecessors. He
cited from the Federali-t that no legisla
tive act, contrary to the Constitution, can
be valid, and from Chancellor Kent, Chief
Justice Marshall, and others, in support
| of his position, that the President
is vested with diclion. Mr. Stanbery then
proceeded to consider the conspiracy arti-
| Gle, arguing that not a word of proof had
been adduced ia their support. The
| Emory article has no substance or iounda-
ton. The tenth article Is, he said, in
violation of the right of free speech, valued
| by our people as a jewel beyond price, and
| expressly protected By the first article Of
| the Constitution. The eleventh article, he
says, is a mere indefinite allegation, unsus-
tanned by proofs, and was already subse-
| quently answered. Mr. Stanbery then
denied that any injury had been
| caused to any individual or officer of the
| government, or that any public interest
| has suffered by the action of the President.
I He continued maintaining that the order
for the removal Of Mr. Stanton was issued
| by the President in the exercise Of an IN
| doubted power, sanctioned by the Constitu-
| ton, and Endorsed by every incumbent of
| the Presidential office. Then how can you
| punish him for following in good faith that
| oath that he has been compelled to take TO
| preserve, protect and defend the Cansutu-
| ton of the United States? Nothing is
| palmer than the duty OF the Ex-
ecutive to resist the cncroachments of
| the legislative department. Whenever a
| President is deliberately of the opinion
that an act of Congress calls upon him to
| exercise the power not given to him by the
! Constitution, he violates that constitution
if he follows it. Again, whenever he is
called upon to execute the law which de
prives him of Constitutional power, he vio-
| lates the constitution, as we'll as by exc
cutting the great trust committed TO his
| hands, sanctioned by a solemn oath, and
he cannot eyade the one or violate the
| other.
Mr.. Stan5ery next adgerteI to the
fact that, for the first time in the
history OF the country, law was passed on
the u Of March, 1867, purporling to
| change the order Of executive action. OBJ
serve, however, he said, that neither in
the primitive clauses of the second section
of the military appropriation act, nor in
the sixth section Of the tenure of Office act,
is the President Of the United States 80
much as mentioned. Whoever drew up
| these acts shrank from referring to the office
by name. Ii il under the general descrip-
ton of personal or civil officer that he il
made liable to fine and imprisonment for
falling to carry ont the new provisions of
law, but there is no question that it is
the Presidents, and the Presidents
alone, that il is meant The law was
made for him, the punishment was
for him. He is left to choice no chance OF
appeal to the courts. The language in eff
feet Is this, do our bidding or risk the con
sequences of impeachment. In the history
of legislation nothing like this is to be
found. The lanauage of the Constitution,
said Mr.. Stanbery, is too plain to be mis-
understood. The President is to be i'm
peached only on conviction of treason and
bribery, or other high crimes and INSIDE
meanors Besides the two great crimes OF
treason and bribery follows thatcher phrase,
"uther high crimes and misdemeanOrs."
And what sort Of crimes and misdemean-
ors Why such as are assimilated to those
enumerated. Look through all the correl-
alive provisions of the Constitution on the
subject, and examine the proceedings of
the Convention, and see how studiOusly
they rejects all impeachment for mis-
demeanor in office, and how steadily they
adhere to the view that nothing but high
crime or misdemeanor should suffice.
Was there ever more abOrtive attempt
to make a case of impairment OF the
| President Under the Constitution there
never was any real life in it long since its
show of vitality vanished, and now it lies
bereft of all life, a hopeless mass that
gives no sign of life.
Mr.. Slant cry contended that there was
no violation OF law in the ad interim ap-
| pointment Of General Thomas, and after
| a review Of the testimony concluded
| his remarks with an eloquent appeal
| to the Senate for the President
| His closing words we're as follows; But if
Senators, as | cannot believe, "a has been
| loudly said with almost official sanction,
| your votes have been canvassed and the
! doom Of the President is sealed, then let
that Judgment not be pronounced ia this
Senate chamber; not here where our Ca
| millus, in the hour Of our greatest peril,
! single handed met aud baiiird the enemies
of the republic; not here where he stood
| faithful among the laithle-s not here
where he fought the good fight OF the Union
and Constitution not in this chamber,
whose walls re-echOed with that clarion
voice, that in the days Of our greatest dan
ger, carried hope and comfort to many a
| depending heart, strong as an army with
| banners. No not here; seek out the dark
est and gloomiest chamber in the subier-
ranean chambers Of this capitol, where the
cheerful lights Of day never enters. There
erect your altar and immediate the victim
House OF Representative.
Ia a personal explanation before the
House, Mr.. Donnelly, Of Minnesota, APP
piled the following to Washburne, OF Hi
nGis
The Washburnes are chronic beggars,
aud are miserable and az uncomfortable out