Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-09
The Managers Close their Case.
Opening Argument by Mr.. CARTS for the
Defence.
THURSDAY, April 9

Defence.
~
THURSDAY, April 9.
SENATE-Immediat tely after the PRAYER the
President pro TEN. vacated his seat.
The Chief Justice took the Chair, and direct
ed the Sergeant-at-ATms to open the Court.
took their seats.
The Managers of Impeachment were an
nounced and entered and took their seats within
the bar.
The House ofRepresentatiyes We're announced
alter an interval of five minutes.
The reading of the journal of Saturday was
the further reading was dispensed with.
The Chief Justice asked the Managers of I'm
pc achment. if they had any further evidence to
offer.
Mr.. Butler replied in the Affirmative. and
asked TO call NJ. III. Wood
NJ. Ii. Wood sworn.-Ldyed before the war
in I Tuscaloosa, Ia; served in the Union army.
In September, lcG6, presented a memorial TO
Pre- ident johnson for employment; the Presi-
dent said his credentials Were good: asked him
as his politics; witness told him he was a
Union man: that he had confidence in Con-
gress and in the Chief Executive. The Presi-
dent said all the appointments TO office should
be of those in his Iavor. Witness then replied
that he would not take any office under such
circumstances.
Crost-examincd by Mr.. Stanbery.-Saw a
Mr. Coppell yesterday; did not tell him that
what witness would say would be in favor of
The President; did rot tell MIR. Coppell that an
atts mpt was made TO make witness say what
he did not want to. Witness had been exam
rned beiore the Managers previous TO this e1-
amlDauoE; his testimony had been taken down:
did not tell Mr.. Coppeil that witness had been
told that il would be TO his advantage If he
Would testify TO certain things.
BY Mr.. Butler.-Mr. Coppell is a friend of
witness on the avenue. Coppell Is a merchant:
makes garments; is a tailor. Coppell is i'm sym-
paihy with the resident; was blockad rum
ner The President never asked witness If be
would give % per cent. of the profits of any
once TO which he was appointed for political
purposes.
Mr.. Evarts objected TO the line Of questioning
pursued by Mr.. Butler.
Foster Blodgett sworn.-Was postmaster at
Augusta, Ga. Appointed July 25, 1876; went
into the office IN September; received two COM
missions; has both with him.
Mr. Butler read the commissions.
witness was suspended from Office on Jan.
8, 1865. Cannot learn that the reasons for the
suspension have or have not been sent into the
Senate.
Mr.. Butler asked the counsel if they desired
10 produce the original letter of Adiutant g en-
eral Thomas of Feb 2l, 1865, accepting the an
pointment Of Secretary dd isse,Irs.
The counsel looked az the letter and then
returned il, when il was read b. MIR. Butler
Mr.. Butler then sald he desired to obtain the
permission of the Senate TO examine the records
of Senate 10 prove that no reason for the sus-
pension of Nr. Elodgett haf ever been sent to
the Senate.
Mr.. Stan berry asked under what article would
this case of Mr.. BIodgett come
Mr.. Butler said the question would De an
sWered 10 The satisfaction Of the counsel in the
final argument.
The Chief Justice said that the Managers
having closed their case the counsel for the
President would new proceed.
Mr.. Curtis rose ana said that as the Senator'S
were sworn TO try this case according TO the law
and ey idence, lie addressed himself 10 them on
their conscience, and he besought them 10 hear
with the patience OF judges. The honorable
Manager. (AIr. Butler on the part of his asso-
ciates. had taken especial pains TO impress upon
You that you are not Court and that you are
liked by 10 law. Upon this subject he (Mr CD
would have something further TO say. He
would commence with the articles. The first
contained a great deal OF yerbiage. The sub.
stance OF n is that the order for the removal
of Mr.. Stanton was, and was intended to
he: violation OF the Constitution of the
United States and Of the tenure-of- Office
act. These are the allegations which the
honorable Managers are called on TO prove,
and If ii can be shown that Mr.. Stanton's
case does not come within the tenure-of office
act, then the charge falls. Mr.. G. then read
from the tenure-of-ofiice act, and the excep-
lions provided for. There was to be excepted
out OF the class Of civil officers some particu-
lar officers, as 10 whom other provision was TO
be made. The first noticeable thing IN the pro-
Nlso IL That Al Is not stated that every Secretary
OF State or of other Department shall hold Of
nee under the provisions of the bill, but here il
makes provision for the future only. The Sec
re,aries of State, &c shall hold their Offices for
and during the term OF the President by whom
they Were appointed" The first iuouiry
that arises Is, ''for and during the term OF The
President" Mr.. Stanton was appointed under
the first term Of Mr.. Lincoln, and the question
rs, Does Mr.. Stanton come within the proyis-
ions of the act! He (Mr. CO respectfully sub-
mltted that under judicial Interpretation il
gould not be so construed. The honorable
Managers say that Mr.. Stanton was serving ort
under the unexpired term of Mr. Lincoln He
would read from the Constitution OF the United
States, that the term OF both the President and
Vice President was four years: but the linn II of
four years is not an absolute limit; II rs a con-
ditional limit. When the President dies his
tenn ends, and the Office devolves upon the
Vice President for the remainder of The term
for which the Vice President was elected This
is the language of the Constitution: and there is
no more propriety in saying that Mr.. johnson
oIn LertIns m our ,ne nneSpired term OF Mr. Lin
one sovereign who succeeded by the
death OF another was serving out part
OF the term of the deceased sovereign. This
then, plainly disposes of the idea that Mr.
Stanton is serving out under the unsxpired
term OF Mr.. Lincoln. Under the Constitution
the Secretary OF War is one of the Constitu
tional advisers of the Pr sldent and the Prasi
dent may call on him not only for advice in
reference 10 his own Department, but also as
70 70 me duties OF the President himself and Mr..
Z: here read from the Constitution in support
OF this point. He held the language 20 mean
TINS, and II had so been generally understood:
an and from the time Of General Washington,
these members Of the Cabinet had been called
on 10 give their advice and counsel TO the
PRESIDENT, as to the proper and efficient
perform ance OF his own duties. This, then
was the reason why this class of officers
were different from all other officers, and
hence the provision in the tenure-of-
was not the intention of Congress to co,nnsi a
PIt sident to keep in Office Secretary NOT an.
pointed by him We have this evidence moi
only In the law itself. but we have decisive
evidence in each branch oflCongress of the in.
tenuon IN regard TO Cabinet officers. The bill
originaliy excluded Cabinet officers altogether
ana IN mat shape went 10 the House of Repre-
sehtatlves- Ii was then amended by putting
TIE Se ecretaries on the same footing as the other
eiVli cmcers. The bill came back here and a
committee OF Conference was appointed That
Committee struck out the section relative TO
cabinet officers from the body of the bill and
inserted il in the nature Of proyiso. The ex-
plation given IN the House by Mr.. Schenck
was then read by Mr.. G., in which the slate
ment Is made that compromise had been ef-
fected limiting the application Of the bill to the
President by whom the Cabinet officers were
appointed. so that their terms would expire
with the term Of service Of the President
by whom they were appointed, and one month
afterward in case Of death or resignation. Mr.
Williams, the chair man OF the COMMITTEES of
COufeTe nro fort this body. made a sfafa