The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-10
IMPEACHMENT TRIAL.
OPENING OF THE DEFENCE.
JUDGE CURTIS'S ARGUMENT.

WASHINGTON, April 9.-The court opened
at the usual hour. Butler called other
witnesses for the Managers, including
Blodgett, late postmaster at Augusta. He
testified that he knew nothing except he
had been suspended. Butler asked for
certificates that no reason had been given
for removing Blodgett. The defence made
the point that the case of Blodgett was
outside of the charges made against the
President.
At 12.45 o'clock Judge Curtis opened
his argument for the defence.
Second Dispatch.
WASHINGTON, April 9.-Among the wit
nesses introduced by Butler was M. b.
Wood, of Alabama, who had been in the
Union army. He testified regarding Pre-
sdent Johnson refusing him an Office be-
cause he favored Congress.
Foster Blodgett, another witness, had
both of his commissions as postmaster at
Augusta, Ca, with him. He testified that
he could not learn that the reasons for his
suspension were sent to the Senate.
Judge Curtis, who opened for the de-
fence, spoke till nearly 1 O'Clock, when, at
his request, (the hall being larger, and re-
curing more vocal exertion than he was
accustomed to- the court adjourned with
out division.
After an executive session the Senate
adjourned.
Judge Curtis was listened to throughout
with marked attention, especially by the
members of the court. Some Of his points
were startling. He left it with senators to
say whether they we're acting in legisla-
tive or judicial capacity. The substance
of the first upon which the eight succeed
ing charges were based was that the re-
moval of Stanton and the appointment of
Thomas was, and was intended to be, in
violation of the tenure-of office act and Of
the Constitution. He denied both propo-
sitions, and, among other authorities, quo
ted the statements of members of. the
Conference Committee. Ar. Schenck,
in making. his report to the House, had
used the words "term of SERVICE" It
might as we'll be said that king COM
pleted the term of his predecessor,
who had died, % to say that Mr..
Johnson was serving opt Mr.. Lincoln's
term. He proceeded, showing that the
heads of departments were the voice and
hands of the President. They did not,
and, in fact, could not, come constitution
ally under the tenure-of- office bill, and
that their exception was we'll under
stood by senators. He noticed the abb
surdity of charging the President with
high crimes and misdemeanors for act
ing in accordance with the publicly
expressed views Of senator's. His argu-
ment that the President's action was in
accordance with presidents and with the
Constitution was too compact in its ela6o:
ration for condensation. he argued the
necessity of the power claimed by the
President, instancIng Secretary Floyd's
displacement by President Buchanan,
where delay would have led to deplorable
results. He argued the Presidents duty
to maintain his prerogatives. A trustee.
he said, would combat an unconstitutional
law which worked injury to those
whose rights he had in trust, ana it
was much more the Presidents duty
to guard the trusts placed in his
hands by all the people. Such was
the duty nobly fulfilled by Hampden in
resisting the payment of ship-money. In
recapitulating his argument to prove that
the President could not be impeached for
an act designed to procure judicial 90.
cision, he quoted Butler to show that the
Managers admitted this view, who said the
removal in itself was, perhaps, not On i'm
peachable offence if made with that mo.
tive and not accompanied with a defiant
message to the Senate. Mr.. Curtis said ii
was matter of taste qs to how the Senate
shouId be notified. he argued until al
iournment the rules of estoppel, showing
That the things the President had done and
said on these matters did not apply In this
casa