The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-04-29

SENATE-Court opened at II 0 clock. -
Managers and members Of the House wee
succeSsively announced. Mr.. Stevens was
not present at the opening.
BY direction Of the Chief Justice, the
question pending yesterday was read as
follows:
I'VE, the counsel for the President, offer
to prove that the President, at meeting
Of he Cabinet while the bill was before the
President for his approval. laid before the
Cabinet the tenure of Office act for their
consideration, aud advice to the President
respecting his approval of the bill and there
upo1 the members Of the Cabinet then pres
ent gave their advice to the President that
III bill was unconstitutional and should be
returned to Congress with his objections,
and that the duty of preparing a message,
setting forth his objections TO the constitu-
tionality Of the bill was deyolved upon Mr..
Seward and Mr. Stanton, to be followed up
by prcof OF what was done by the President
and Cabinet UP to the time OF sending in
the message by the President
Marager " ilson rose to speak, when
Senator johnson submitted the following
question to the counsel of the President in
writing: ''D3 the counsel understand that
managers deny that the statene eht made by
the President in his message Of Dec H.
| 1867, in evidence given by the managers at
page 45, No. 9, Of the official report of the
| trial. that the members Of the Cabinet gave
| the opinion last stated as to the Tenure OF
| Office act, and as evidence offered to cor
roborate their statement, or for what other
purpose offered?'
Senator Howard submitted question to
the President counsel: ''Do the counsel
for the accused not consider that the va'id>
| ity of theTenure of Office bill was purely
question OF law, 10 be determined in this
trial by the Senate? IF so, do they consid>
er that the opinions Of Cabinet officers
touching that question is competent evil
dence, by which the Judgment Of the Sen
ate ought to be inhuepcedY'
Senator Edmunds asked whether the ar
eument on the part of the managers might
not he continued while the counsel were
considering the question:
The Chief Justice replied in the affirma-
| tive, and
Mr.. Curtis said they would prefer tnat
course
Mr.. Wilson, speaking from manuscript,
argued on behalf OF the managers that the
| testimony was ITTGleNdnt. lUF fpI6 TedSuuS
that the advice from members ofGthe Cabi
net has no right except in reference TO mat
ters relating exclusively to their own de-
partments, and that if it were, the advice
given in this instance was not given at the
time. He ther went into the general guess
tion of the relative powers Of the Execu-
tive and Legislative branches, maintaining,
at great length, that the checks within the
power of tie Executive to impose upon the
Legislative branch were exhausted hy the
exercise of his veto prerogative; whereas,
on the other hand, all his actions were sub,
iect to supervision by the two Houses Of
Congress, whose measures he was required
to carry out. 1
L In support of hisrposition that. the law
Shaking power is supreme, Mr.. Wilson cited
! numerous authorities and referred to cases
in English history, where the king himself
had deferred to the will OF Parliament. -
1 He held that if the President had the right
to challenge laws of Congress his subordi.
mates could call in question orders of the
President, and anarchy would ensue. Re
capituating he said tho President could
not assume the perogatiye Of a king, who
Eeot,ld do no wrong, and consequently coulc