Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-11
LATEST IiELEGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
CONGRESSIONAL PROCEEDINGS.


Senate.
WASHINGTON, April To- The court |
opened at 1915.
Mr.. Curtis commenced by referring to
a statement made by Mr.. Butler, that the |
Presidents letter to the Secretary of the
Treasury notifying him of the suspension of
Mr.. Stanton, claimed no justification of his
authority under the Constitution. He read
the letter and claimed that it did specify
under what authority the President acted.
The charges made in the End article were
then discussed by Mr.. Curtis, who pro-
ceeded to argue that Mr.. Stanton did not
come within the provision of the section
alleged to be violated. He said the 1st
section of the tenure of Office applies to the
removal or suspension arriving from any
cause during a recess of the Senate, but
the Sd section applies only to vacancies
caused by death or resignation. The
penalties were directed solely against the
violation of the 81 section. The pre-
sent case, he claimed, was outside of
its provisions. The main charge was
that the letter of authority was
given without authority of law. Reading
the act of 1895 he claimed it applied to
vacancies of all kinds, and the act of Feb
10th, 1868, applied to vacancies arising
from sickness and temporary inability, and
only TO that extent it was repealed by former
acts, under which the President had full
authority for the act relerredtO. In reply to
charge made in third article, that the
designation of General Thomas as Secre-
tary ad interim, was in violation of the
Constitution, Mr.. Curtis cited acts of 1892
and others which authorized the temporary
filling of vacancies without making any
distinction between vacancies occurring
during recess, or when the Senate is in
session; and said the practice of the gov
eminent had been uniform in filling va
cancies as soon as they occurred. He illus
trated the frequent necessity of immediate
action in such cases, by another refer
ence to the appointment by Mr.. Buchanan
of Hall in place of Floyd. The 8th article
Mr.. Curtis claimed was met by his answer
to the Sd, and he proceeded to consider the
4th. The charge made of appointing Gen.
Thomas without the advice and consent of
the Senate could not be sustained, because
no appointment was made. A simple COM
mission TO act was not an appointment, and
could not of course be submitted to the
Senate. The allegation that no vacancy
then existed, is the beginning of the ques-
ton. The vacancy was created as soon IS
Stanton received the order removing him,
and the vacancy could properly be con-
templated by the President at the time of
his writing Gen. Thomas a letter of au-
thority. Recapitulating his argument, Mr..
Curtis then claimed he had shown that the
managers could not maintain their charges
of violation of the Constitution and the
laws, and proceeded to consider the vari-
GUS charges of conspiracy. For this purpose
He said he would take up the 4th, 9Th,
| 9th and 9TH articles together. The 4th and
9th, which charged conspiracy between the
President and Gen. Thomas to obtain pos
session of the War Office and government
property, are based on the conspiracy act,
which, by its terms, has no application to
any person in the District of Columbia,
| for it speaks only of the States and Terri
| tories; but it was not necessary to rest the
| answer upon this technical ground. In
case of private right, it would deem the
/ issue of the authority to assert sufficient
| bases for a charge of conspiracy, still less
| could it be obliged of public right. The
order was based on the assumption of
| military subordination, and the superior
and inferior officer to conspire, because the
latter obeyed an order dictated to him by
the former. 1t was also impossible to show
that the President ever did, directly or by
implication, give Gen. Thomas authority
to use force or intimidation. The 9TH and 18th
articles would be answered by his argu-
ments against the 10th. Mr.. Curtis then
claimed that the charge made in the 9th
article not only failed of proof but was
absolutely disproved by the testimony of
Gen. Emory, who swore to having intro
duced the subject to draw out the Presi-
dent. 1t would appear in the proof that
the President sent for him for an entirely
different purpose from that alleged in the
article referred to. Advancing to the 10th
article, Mr.. Curtis went into the question
of what are improbable ofenses. He
would not vex the ear of the Senate with
the precedents from the Middle Ages, but
would refer to the provisions of the Consti-
tuition of the United States, whose trainers
knew quite as much as the men who lived
in the time of the Plantagenets, and made
the subject so clear as to require no re-
| search beyond the language of the
Constitution, which was to allow i'm
parchment for treason and bribery, and
other high crimes and misdemean-
ors, which others must be equally
gave oiienses and be offended against us,
for the President is elsewhere empowered
to pardon all Otienses against the United
States, except in case Of impeachment. He
recited various provisions relating to the
trial of impeachment, and claimed that it
was fully shown that this tribunal was con-
stituted for such purposes. A court was
bound by law, and was not a law ITSELF
The complaint made in the 10Th article
is that the President spoke disrespectful of
Congress. 1t should have been said of the
dominant majority. But the charge is
brought forward in an extraordinary way,
for the grand jury is one body of Congress,
and the triers constitute the other. The
spectacle ia, however, that of Congress re-
solving itself into a school of manners.
Mr.. Curtis combatted the view put forward
by Mr.. Butler that it was immaterial
whether or not the alleged indecorous ex-
preston was true, quoting from the Eng
lish statutes the sedition law passed during
Mr.. Adams administration in support Of
his position that telling the truth about
officers Of the government is not an ofiense
against the law. Mr.. Curtis then asked
who were to be the judges of propriety of
speech 1t was the assumption of this very
authority which had caused thousands of
heads to fall in England under the Tudors,
and nearer TO our time, in France. 1t was
the freedom of speech ordained by our
Constitution, and it made us peaceful and
happy nation. He passed very briefly over
the 18th article, and closed with a reference
to the unprecedent magnitude and import
ance of the case, saying that there had not
been and never could be another occasion
like this in the proceedings of this govern
ment to prove the greatness Of American
Justice or injustice. That justice which
Burke Gays is the browning glory of all
civilization, or that injustice which is sure
to return to its authors.
The Senate at2l5 P. NJ. took a recess for
fifteen minutes.
After recess General Thomas was sworn,
and. on examination by Mr.. Stanbery, tes-
tilted and stated that, on the morning Of
February ID, he received note from the
private secretary of the President asking
him to come to the White House. He
went. and the President handed him some
papers, being a letter to Mr.. Stanton and
his own letter Of authority. Never saw
them beforehand no hand in preparing