The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-23

in the first and third articles of impeachment
The tenure of Office act was then considered
and was shown to be in harmony with the
Constitution and its provisions apply to Mr.
Stanton as Secretary OF War. This act mere
~ enacted former practices of the Govern
ment, and the chief change produced by 1T re-
Tired to removals during the recess of the
senate. The application of the tenure of OH
act TO the office of Secretary of War was en-
forced at cons derable length, and Mr.. Bout
well commended that the office could oniy De
vacated by resignation or confirmation oy the
Senate OF a nomination by the fresident,
which would work a removal. Quotations
were made from the opening remarks of the
Presidents counsel to enfore his position that
the official term Of the Secretary of War ex-
pireS one month after the close of the term of
The President bv whom he had been appoint.
ed, subject, however, to previous removal by
and with the advice and consent of the Senate
The arguments of the counsel for the 2resi-
dent, relative to the intent of the President
were combatted at length, and the manager
maintained that in the wiiful violation of the
law the President disclosed a criminal INTENT
winch cannot be qualified by any rebutting
testimony. He denied that the President had
a right to violate the law to obtain judicial
determination upon its constitutionalty, as is
claimed by the counsel, and the theory thar
such a course was right is abhorrent to every
Just principle of government and dangerous to
che existence of our institutions.
Articles fourth, fifth, sixth and seventh were
then considered. Articles fourth and sixth
are laid under the act of July 81, 1866, known
as the conspiracy law. An examination of ar
tlcles fourth and sixth shows that the substan-
tive allegation is the same in each article, the
difference being that article fourth charges the
conspiracy w til intent by intimidation and
threats, unlawfully, to hinder and prevent Mr.
Stanton from holding the office OF Secretary
of War. BY the English common law con-
splracles are indictable and punishable as mis-
demeanors, and there is no doubt that under
the English common law, sanctioned by Unit
ed States statutes in the Dis.ric OF Columbia.
The fifth aud seventh articles set forth offences
punishable as misdemeanors by the laws OF
the District. Article sixth was laid under the
statute of 1885, and charged the respondent
with conspiracy with Lorenzo Thomas to seize
by force upon the properly in the War De-
partment In violation OF the tenure of office
act
MIR. Boutwell, argued, in reply TO counsel,
and supported his argument with citations,
that thous h the District of Columbia was not
Included by specific designation, the act APP
Piled to the District. & An act of Congress and
The Constitution were both laws only the lat
ter was of superior authority. The seventh
trtlcle was laid on the common law, and
charges substantially the same charges as
those charged in the sixth article The fifth
ina seventh articles, based on common law,
set forth the same offences as the fourth and
sixth articles laid upon the statute of July
1861, and as there can be no doubt of the va
lidity of The fifth and and seventh articles, it
IS immaterial whether the suggestion made by
the counsel tor RESPONDENT, that the conspira-
cy act Of 1861 does not include the District Of
Columbia, is valid suggestion or not.
Mr.. Boutwell, then proceeded to examine
the evidence supporting the charges. We find
che President If the allegations are establish
ed, engaged in an unlawful act. If Lorenzo
Thomas or any one else is cooper ating with
inn ann rNfr fn, Il
tent TO introduce the statements of parties to
the conspiracy, and it is upon this ground tes-
6lmony was offered and received of the declar-
ations made by Lorenzo Thomas. The evil
dence of agreement between the respondent
and Thomas is found in the order appointing
Ihomas and the conversation at the time the
order was placed in Thomas hands,
Mr. b. here noticed the claim set up by re-
spOndents counsel, that the order was not
military order, bat invoked the spirit of mill
tary obedience It was, as counsel said, let
ter addressed to Gen. Thomas, which he could
have declined altogether without subjecting
himself TO punishment by military tribunal
Ii counsel had admitted it was purely mill
tary order, his client would have been guilty of
violating the law of the I'd of March, 1867, and
II ne declared 1t was not military order then
the transaction was in the nature of an agree
ment between the parties. The President
knew his purpose was unlawful, and he in
duced Thomas to cooperate with him in it,
Gen. Thomas might be excused for his igpo-
rance; but there was no such excuse for the
I resldent-it being proved that the President
was engaged IN an unlawful undertaking, and
that the purpose was also unlawful the con-
spiracy is established.
Mr.. Boutwell, then proceeded to review the
action of the President in removing Mr. Stan
ION, ana the reason he had for removing him,
winch was, that Mr.. Stanton was opposed to
his schemes. He showed how in the suspen-
SION OF Mr.. Stanton the President had followed
tue provisions of the tenure of Office act, and
detailed the action by the Senate. It was then
that the President assumed that act was in
valid and had no binding force. When Gen.
Irant yielded the office, the President was
hlled with Indignation and scorn. That day
he seemed to be under the influence of {: SET
tIed ana CRIMINAL purpose to DESTROY General
Grant and secure the removal of Mr.. Stanton.
Mr.. b. detailed the various efforts made by the
PRESIDENT to get Mr.. Stanton out of the War
Omce. railing IN every effort, nothing re-
NAMED but to seize the Office by an open, will
tai defiance OF the law, in which he sought the
lld OF Lore MO Thomas, and up to the present
time they are endeavoring to get the posses
SION OF the War Department. Their action
has in view an unlawful purpose, and it is
therefore conspiracy.
MIR. b. referred to the testimony of General
Emory as further evidence of the Presidents
intent as to the nomination OF Mr.. Ewing.
That gentlemen is in his seventy-sixth wear,
and the President knew he would Yield the
office at any moment The President never
sought to put in there any one who would or
could hold the office and obey the constitution
and laws. Mr. b. pursued This strain of argu-
ment to show the evidence of cons piracy at
length, and claimed that the evil
dence showed the President contempt get
ting possession in the same manner of the
Treasury Department. As to the speeches of
the President, that evidence was put in simply
to show that man wAo could utter such
words is unfit for the Office he holds And in
this case he referred to the cases of Judges
chase and Humphrey. Mr.. B., at much
length, spoke upon and quoted from these ca
ses. He claimed that the speeches of the
President were designed to impair the lust
authority of Congress.
Mr.. Boutwell, then took up the eleventh ar
ticle, and passed in review the action of the
PRESIDENT on the reconstruction laws, which
he claimed was devoted to preventing any re-
construction of the Union upon any plan ex-
cept that which he had inaugurated His
criminal ambition was to obtain command of
the War Department and of the army, and by
their combined power to control the elections
OF 1868 In the ten States not yet restored in
the mon, while Congress proposed to extend
the elective franchise to all loyal male citizens
and to exclude from the franchise portion of
those who had been most active in originating
and carrying on the rebellion. Mr.. Johnson's
purpose was to limit the elective franchise to
ment to all such persons without regard to
their disloyalty. If he could get control of the
War department he could carry out his de-
sign, but this he could not do without discard
ing the tenure of Office. With the thousands
OF office holders all over the country, he could
control the nominations of the Democratic
party in every State in the Union With the
War Department in his hands and the tenure
of office act broken down, he would be able to
remove Generals Grant, Sherman, Sheridan
or any other officer who staid in his way and
all to his own personal advantage. Under
these circumstances, it is certain he would Sc
cure, hrSt, the Democratic nominations, and,
second, the electoral votes of those ten States
This done, he had only to secure enough of
the States now represented in Congress, and
he would defy the House and Senate should
they attempt to reject the vote OF the ten
States. he would be sustained by friends and
supporters, by the War Department, the
treasury Department, and the army aud ma
w, and would have been inaugurated on the
4th of March next President for four years.
Mr.. b, then detailed the effects of Mr.. John
sons course as seen in the reconstruction of
the South, and contrasted his ca sc with those
OF several other public officers in this and other
countries who had been impeached, and ap-
pealed to the Senate to do justice. He osed
by saying: His conviction is the triumph of
law, OF order, of justice. 1 do not cont EN- plate
his acqulttal. 1t is impossible. Therefore do
not look beyond. But, Senators, the people OF
America will never permit an usurping Exec
utive to break down the securities for liberty
provided by the Constitution. The cause Of
the country is in your hands-your verdict, il
guilty, is peace to our beloved land.
At O'clock, Mr.. Boutwell,, at the suggestion
of MIR. COnklin0. Welded to 4 motion TO adj