The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-23
CONGRESSIONAL PROCEEDINGS.
SPEECH OF Mr.. BOUTWELL,.
sENATE.............w wAsHINeroN. an 2.


The Chief Justice stated the first buSi
ness to be an order, offered by -umner
allowing the Managers for the House and
the counsel for the President to have leave
TO fiie written or printed arguments, before
the final argument commence
Ntckers offered an amendment prOpOs-
ing to allow sucn of the Managers as are
not authorized to speak, to file written or
printed arguments. OF ma ke oral ad dresses.
and the counsel OF the President 10 alter
nate with them in so doing.
Curtiss stated that StanDery's indispOsi-
tiOn was such that NJ would be I'm possible
for him TO take any further part in the
The substitute was agreed to by a vote Of
70 TO -. The order, as amended, was then
lost by 2l to 20.
stevens Mr.. President. I desire to make
an inquiry, and that is, whether there is
auy impro riety in the Manazers publish
ing short arguments? After the motion
made here on Saturday, some few of as, I
among the res, commenced TO write out
short argument. which l expect to finish
by ntght, and which, If the first order had
passed. / should have flied. and do not
know that there Is any impropr1Sty IN IL,
except that II Will not 60 into the pro
C .edings. I do not like TO dOany thing i'm
proper, and hence make the inquiry
Senator Ferry-MF President, I would
inquire whether it would be n order to
move the original Or6t5r on which we have
taken no vOte2
Chef Justice tt would not AS the
Chief Justice understands The m alter has
been disposed Of. The order was submitted
by Senator Stewart som days ago, and
was read as follows: a
That one of the Managers on he part
of the House be permitted 10 file his print
Ell argument before The adjournment to-
day, and that after the oral peniug by
a Manager, and the reply OF one OF the
Presidents counsel, another OF the Presi-
dents counsel shall nave the privilege of
dress, to be followel by the closing speech
of one of the Presidents counsel and the
fipal reply of Mana ger under the exist
The Chief Justice said il could be con
81 ilered by unanimous consent.
No objection was made. tl
Coqness offered the following as sub
That such OF the Managers and counsel
for the President as may choose to do 50,
have eaye TO file their argument on or be-
fore Friday, April 24th"
The quest on gave rise to a lengi by dis
cussfOE Various propositions were offer
Trumbull moved the folloWing as sub
stitute:
and of the counsel for the PresIden5 as
desire to do 50, be pc mItted TO file ar
guInents or address the -enaGe orally.
Agreed tO-yeas .9; nays 20, as follows:
Yeas-AnthOny, EuckaleWy COnking,
GEagtn Davis DOOl1ttle, dmunds Ferry.
Fessenden, Fowler, G5imes,- Henderson,
Hendricks, j lhnsOn. McCresFy. Morrill,,
of Maine; Norton Patterson, of N, II.
Patterson, OF tennessee; Ramsey, Sauls-
bury. Sherman, Eprague, Upton, Wiley,
1rumbuIl, Van Winkle, Vickers. aud
Nays Cameron. Ca1teII! Chandler. Coz
ness. CorbettY Dixon Drake FrelInghuy-
sen, Harlan, Howard, Howe. Morgan,
Morrill, OF VsrmOnts Norton, POneTOy.
Ross stewart, Sumner, Thayer, and
~ AiiliamS-20.
senator Buckalew moved TO amend the
substitute by adding % IL lie following
-S-e-' "a
nent shall be made oy one Manager, as
provided by the 2lst rule"
Various other amendments we're offered
and vo ed down. Finally, after nearly
Two hours had bean spent In attempts to
settle the question, the substitute offer
ed BY Irumbull, as amende on motion Of
Baekalew, was adopted instead o, the
Mr. Boutwell,. at ten minutes before one
O'Clock addressed the Senate.
Mr.. President and Senators: You may
now anticipate speedy conclusion Of
your arduous iabOrs The Importance Of
this occasion IS dae to the unexarn ul esd
Circumstance that this trial is tnat Of the
Chief Maglstrafe e of the principal Republic
of the world, and It's s0iemnlty Is due TO
the clrcu instances tnat this trial is a ne
test OF the naJiOnd+ virtue and rength
or popular government. Iae object Of
this proceeding is not for the punishment
OF the offender, bat for the safety Of the
State. AS the daily life of a wise ana Just
magistrate is an example Tor good, 50 the
conviction of an unfaithfdi officer is u
warning to All men. The issues between
the House and the President are technical
and limited, but we have met them and
and your nal action involves and settles
quesi ions of public policy of greater mag
nlJude han have been considered Ia the
political OF Judicial proceedings Of the
country since the adoption OF the Con
stitutiOu.
he then proceede to discuss the claim
OF the President Of the power to remove at
all times all executive. otdcers. This claim
has never before been asserted, and 10 has
surely not O-en sanctioned, nd 10 law
justides il. II sanctioned this strips thu
senate OF al practical power in appoint
meuts, AID clothes the President with
power to remove every one refusing to be
his instrument. Boutwell, then instanced
the effect of such power, such as the re-
mOval of all loyal and patriotic officers of
the army and navy, and, In effect, viii
ating the fidelity OF all branches of the
public service. The constitutional powers
of the President and of Senator were first
cOnslJe red. An examination or the Con
stttuLIOn, he cOnteuded. shows that the ex-
ecutive and judicial departments have no
inherent igor by which they are enabled
to perform their functions, while the iegis
latIve department is clothed with authori-
" to make all laws necessary TO carry
INTO execution all the powers vested by
anv department or officer TIA reOf. The
legislative department has original power
from tne constitution, Wnlie the executive
aud judicial departments are con
Stautly dependent upon the legislative
department. Quotations were mad 1rO "a
point. II the President, by i'm plicatiOu or
cOnSt rUcilOD, assumes authority not grant
ed by the COnsti uUiOn or laws he violates
MS oath of office, and Il is in his province,
+ in the execution Of the laws. TO conSl er
WD-l1=r they are constitutional. InH
Z crime of the President is that he has VLO-
lated law. and in his defense no inquir
+ can be made whether the law is cOn~Jitu
f UOnal. There can be no inquiry by the
. tribunal whether the Tenure of Office Act
+ S constitutional or not: T. is a law of the
E land, binding upon all officers and depart
menfs of the Government.
II was the Presidents duty to execute,
aud upon his own an swar by repeated ON
ctal con iessiOns and admissions, he inteu-
t1onauy, wi fully, and deliberately set
aside and violated.
Boutwell, maintained that no snatOr
rio raf a