Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-05-01

aqdrue and on reasonable terms
The Impeachment Trial.
After an Lour or two spent in motions Of
various kinds, in regard to the request Of the
managers to file or deliver speeches, tie Sen
ate Wednesday afternoon decided to allow all,
bo.h counsel and managers, t. deliver speech
e. orally Mr. Boutwell, for the managers
clmmencsd 10 read iis Grafton from printed
slirs He spoke all the afternoon and part
Of the day THURSDAY Mr. Nelson for the
President then commenced at half-la-t one
and spoke all the rest Of the day, and part of
Friday. l. Is Of course oat of the question
for US to publish their arguments at length.
That Of Mr.. Boutwell, Is characterized as a
close, legal, bat very interesting address, in
which he defines tire constitutional position Of
the President with respect t, the Legislative
branch Of tine Government, showing iust what
his unbranded pretcnsi.ns are in the matter
Of removals ANA appointments, and enforcing
the public necessity Of their being dislllowed.
After skctching the course and character Of
Mr. johnson. he discusses the history Of tie
appointing powers, as revealing tie true pur-
poses and force Of the Tenure lr Office act and
its application to the case ia hand. The scy-
eral articles of impeachment are next discuss
ed seriatim, closing with an earnest and i'm
pressiye appeal drawn from the present si.ua-
ton of the country.
Mr.. Nelson took up many points which le
said, though n3t risa,ly JeIangiagto tie case,
deserved attention because they had been in
troduceI by the managers, in regard to the
charges Of evil nature, wickeducss and detes-
table intent Of the President, and he proceed
ed 10 sketch the lie of Andrew johnson. He
then considered the question whether the Sen
ate was 9r was nos a court, arguing that it
was, and that the presiding officer should act
as judge.
" Perl-y teleuarhs % the Boston Jg.uual
regard Fl asa 'fxeI fart" that ou the 2nd
article and several others, if not all, over two
thiri- of the Senator's VIII respond guilty
Nothing has been done in the court of In
parchment this week but to listen to argu-
meal. llr. Glac.Jscb spoke for tie Presi-
dent ou saturday, and AIr. Williams for the
impeachment was to have spoken on Mon
day, bG5 being indisr5-el, AIr. Stevens spoke
instead, reading his speech from printed slips |
dll his strength failed him, when the rest
va-real for Linn ly Gen BuIer.
Mr. Williams commenced A.s argument |
when NJ. Stevens had finished, bus did not |
conclude t till two O'Clock cid Tuesday. Mr.. |
E,art- of thc President counsel then took |
the a,.r. and occupied the rest Of the day and |
part Of Wednesday, Mr.. Bingham for the
manages then followed. with the closing ar
gument on that side
1t is hardly possible that a vote upon the
question viii he taken by the Senate this
week, as two days at least viii be occupied
by them in consultation after all arguments
are finished and ifthc Interpretation ofrulcs
il sustained, allowing each Senator fifteen
minutes speech on each Of the articles of I'M
rcachment, four days viii hardly suffice
The vote Of Monday on this point-l6 to "a
against allowing 80 minutes instead Of lj-is
thought 10y many to indicate how the final
vote on Impeachment viii stand.
Mr.. Stevens made the following strong
point in discussing whether Mr. Stantons
,ase came under the Tenure Of Oa'ce act
If he was not embraced in the proyiso. as the
Presidents council claim. then he was nowhere
pecially provided for, and was consequently en-
laced IN the first clause Of the first section.
which declares that every person holding any
.yil office not otherwise provided for comes with
n the provisions Of this act The respondent.
n violation Of this law. appointed General Tholn-
S to Office, whereby, according to the express
erms of the act, he was guilty Of a high INSIDE
leanor. But whatever may have been his views
With regard to the Tenure Of Office act he knew
was q law, and SO recorded upon the statutes |
disclaim all necessity in a trial of Impeachment
o prove the wicked or unlawful intention Of the
espondent, and it is unwise even TO aver II. In
ing Of the fact charged carries with it all that Is
ecessary TO say about intent In indictments
ou charge that the defendant ''instigated bv
he devil, and 50 on and You might as well
all on the prosecution TO prove the presence. s
lape and color Of his Satanic majesty, as on the .
Hangers IN impeachment to prove intention I ;
o further than some, and contend that no cor :
apt or wicked motive need instigate the acts for
hich impeachment is brought Il is enough q
lat they were official violations Of law. The f.
lunsel have placed great stress upon the ueces- f.
tv Of proving that they were wilfullv done. If =
2 that he means that they were voluntarily II
me, | agree with him. 4 mere accidental
espass would not be sufficient TO convict But
at which is voluntarily done is wilfully done. q
cordng to every honest definition; and what ~
er malteasance IS willingly perpetrated by an
nceholder Is a mlsdemean0r in office. whatever Il
may allege was his intention. c
Mr.. Stephens argued that it made no II
after what the Presidents motive WAS in Il
5 repeated acts Of malfeasance. He said. :,
The only question to be considered is .sIs the =
spondent violating the law2'' His perseyer- -.
zee in such a violation, although it shows per- Il
rsencss, Is not absolutely necessary to his con-
;tion. The great object Is the removal from
~ anu INT dAAtSt Va tAS puS44S luIlto winch
is inficting upon those with whose interests OF
is entrusted. The single charge which had +,
e honor to suggest, am expected to maintain u,
at duty Is a light one, and which Iapprehend Il
will be found impossible for the respondent to N
swer or evade. The duties Of legislation and q;
the laws Of his country fall in no
y 10 his lot. To obey the commands of the
'eregn power Of the nation and t. see that an
ers should obey them was his whole dutv-a
~ which he conld not escape, and any attempt I'd
do 20 would he in direct violation Of his offici-
oath, in other words a misprision Of perjury.
?. Stevens then reviewed the question Of the -,,
Of war, and charged that the Pres II
mt had plainly and wilfully violated the law. Vi
rldiculed the idea that the case did not come
der the tenure Of Office law This offspring of iii'
said Mr. Stevens, turns upon the no
late who have thus rebuked him in a consti- oe
ional manner and bids them defiance. He
cluded by saying that if the President is not
ling to execute the laws of Congress let him of
gn and return TO his village obscurity. =.
FIR. Williams then took the floor. MI
he main points of Mr.. Groesbeck's argu- to
Mt on Saturday, as one Of the Presidents the
nsel in the Impeachment trial, were as -,
ows Or,
is not wise to apply impeachment 10 elective bat
es, but rather to let their occupants quietly Am
e out their time and retire al c
he Senate IL sitting as court but can try Oh