, 1868-06-05
Jadse Carts Argument.

delivered by Mr., Curtis, one Of the Presidents
counsel, during the impeachment trial:
The Senate and all the spectators 10 the Cham.
per greeted M Curtis with . respectable hustle
that might have passed for murmur Of applause
BE stood at the end Of the table provided for
the Presidents counsel, nearest the Chief Jus.
heeI where be commanded q view Of the whole
court. He was attired, as usual, in simple black
which set on TO advantage bis large and shapely
proportions. His manner was an Incarnation Of
dignity, self-possession, repose. more impas-
siVe taee, with eyes less anxious and inquiring
or more conadent, steady and serene, was never
gA1ed ~ by any expeetHut audience. 1t was the
face and massive bead Of q thoughtful and de-
lioefate jurist. forehead loftier and rounder
than would have been seemly at the peak of any
other figure in the Chamber, inspired belief in
| the quantity Of the brains behind it. and some
thing about the firm, calm lips Of the man, led
everybody to anticipate that what they were to
utter would be devoid Of anything so uncharac,
teristie as passion or prejudice, or an appeal to
the infrmities Of bis hearers. His mere presence,
standing there during the few seconds which
| elapsed while the occupants Of the floor and
galleries we're setting themselves to listen, taught
70 all sensitive observers lesson. Il showed
how perfect self poise the consciousness of
profound attainments, knowledge of the subject
OF which he is about TO treat, and conviction of
the justice Of bis cause, give to a speaker. 1t
showed what an inefable charm, so to speak
| AAOh Uhu WHO uulteb 10 learning and
experience, modesty rather left to be inferred
than obtrusiVe, and which was succeeded BY an
entire absence OF arrogance or airs. Mr.. Curtis
voice as be began so low that II scarcely
hlled the chamber, which, however Immediately
became so still that the second sentence was
heard in the remotest corner. That sentence
| was the keystone of his remarks. Il indicated
their character and foreshadowed the argument.
1t confirmed the respect with which whoever Of
the Court who might have conceived that his
address would have been opened BY an accusa>
ton, just or unjust, heard him. Within few
moments afterwards he had fairly entered into
| the merits Of the case, and had made one of
series Of points against the impeachment which,
as they were successively presented in the course
OF his remarks, excited the admiration, IL they
did not shake the partisan purpose Of the Presi-
| dents worst enemies. Soon his tones sought a
| higher level, and bis hands, clasped at first be-
hind him or resting on the edge of the table be.
fore, were raised to assist the persuasion of what
be said, with forceful gestures. 1t became evi,
dent, to those who were not already familiar
with bis style of delivery, that Mr.. Curtis was
| not in the highest sense, an orator He spoke
from vOluminous notes, and frequently consulted
and read from the book of references beside him
The clearness OF his statements, the accuracy
! OF his logic, and the precision and steadness
with which he advanced from every promise he
established to conclusions, needed, in fact no
| hery oratory to enhance the effect If his tones
did not often thrill the heart, they reached the
| brain.
Judge Curtis pointed out four grounds which
justify Mr.. johnson in believing that his inter-
probation of the Tenure. of Office act is correct
First the language OF the act itself. This argu-
ment has been frequently presented before, but
Judge Curtis enhances its conclusiveness by |
giving a complete answer to the shuttle of Gen. |
Butler that Mr.. Johnson is merely serving out |
the term of President Lincoln. There is no |
for the m oh onlv hv for
| nothing can be more unambiguous than the |
phrase "during the term of the President by |
whom they have been appointed" Unless Mr.. |
Johnson is merely serving out Mr.. Lincoln's |
term the Managers have not an inch Of ground |
to stand upon in accusing him of violating the |
law for it Is notorious that Stanton was uot
appointed BY Mr.. Johnson. Judge Curtis shows
that the Constitution does not make the term |
of President absolutely four years. 1t provides |
In express language, for its earlier contingent |
| termination by his death and his removal on
impeachment. The pretence that Mr.. Lincoln's
term is not yet ended beiLg thus demonstrative
fsllacy, Stanton is not protected by the Tenure
of-OHice act unless it be shown that Mr..
Johnson appointed him. Bnt an appointment
| consists in 8 nomp alton to the Senate, con-
6rmation by that body, and q commission. Iu
Stanton's case there has been neither nomina-
ton, confirmation, nor commission since Mr.. |
Lincoln commissioned him to ''during the
pleasure of the President" this commission
being the only title to the Office which be be has
TO exhibit, Clearly, the language Of the law |
| does not include him. In his second reason |
Judge Curtis proves that the language Of the |
law strictly conforms to its intention. On the
very face Of the act, the members of the Cabinet
occupy an exceptional position. They are singled |
out from the great body Of of6ce-holders and
| put in q class by themselves. The tenure of
other officers does not depend at all upon the
President they are appointed by; but the act
makes Cabinet officers go out when the Presi> |
| dent who appointed them goes ont or to be J
] precise, one month afterwards, to give the new |
President time to get his new appointees con-
| 6rmed. The fact that Cabinet officers put |
| upon different footing is unquestonable, now |
| what Is the reason The purpose obviously was, |
to give every President the selection Of bis own |
confidential advisers. The Constitution explicitly |
| makes the heads Of departments advisers of the |
President; be stands to them in different rela-
tion from what be does to any other officer of the
| government. The TeDure-of Office act recog> |
/ mixes this distinction, aud makes an exceptional
rule for their tenure, founded on the principle |
that every President is entitled to the choice OF
his own advisers. Judge Curtis third reason to |
Justify the Presidents Interpretation is not new
but be places 1t in . new light. 1t is the interN
pretation put upon the act by the Congress which
passed it. The extracts read by Judge Curtis |
have been frequently given before, but IN such
| q manner as TO convey the impression that they
|
Judge Curtis gives due prominence and empha-
/ sis 70 the fact tnat they were the official ex-
positions of persons who were acting as the
organs Of tie two Houses, and that these
| oAicial expositions were Immediately indorsed
and adopted In accepting the amendment. The
part of the act relating TO Cabinet officers was
framed by g Committee Of Conference. When
they had agreed upon 1t, they presented it in
each House, explained it in the sense put upon
il by the President, and thereupon it was im~
mediately passed, with these explanations as its
accepted sense. The exPositions Of Messrs.
Seheuck and SHERMAN would suffice Of them
selves to acquit the President for it surely can
lte no crime in him 70 understand this part oi
the act 10 the sense given by its trainers and
Immediately accepted by both Houses. me
fourth reason to justify the Presidents intei-
lpretatiou consists in its accordance Win INC
advice given him by bis Cabinet
WAsHINGToN.-A census taken OF tns
/ CITY of Washington shows population OF