The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-11
XLth CoNeRgse-seoond Session.
The Impeachment Trial.

INV AHCPCtACUfftOFCt AFt0Os
WASHINGTON, April 9.--SENATE-After Il
proclamation the Chief Justice asked, Have Il
managers on the pa, rf the House any turtle
evidence to bring in.
Buller.-We have.
On motion OF Mr.. Johnson the further readin
OF the journal was dispensed with when bl
little progress had been made.
Mr.. Butler, on the part of the managers the
called up w. II. Wood, of Alabama, who WI
sworn. He testified that he had served i
the Union Army; had called on the Presider
in December, 1866, to ask for government EN-
ployment.
Mr.. Butler said the design was to prove b.
this witness the Presidents hostility to Con
gr.ss, &c.
Mr.. Wood narrated his conversation with the
President, in the course of which the latter sac
he could not do any thing for witness, as 1t
appeared his influence was cast on the side o.
Congress and those whom he appointed mus
side with him.
Cross examined by Mr.. Stanbery Had no
said to Mr.. Coppel of this city that his evi.
dence would be more to the advantage Of the
President than to the interest of the managers
Had not been requested by the managers tc
state any thing which he would not truthfully
say. On redirect examination it appeared
there had been misunderstanding on the parI
OF Coppel, which witness corrected by saying
the President had not told him that there
would bea tax of 25 per cent. on his salary for
the support of the administration. .st.,.-,
Foster Blodget testified that he was appoint
ed in 1866 Postmaster of Augusta, Ga. Dur
ing the recess of the Senate in 1867, he receiv-
ed another commission. In Jan. 1868 he was
suspended by the President and does not know
what for. The Senate had been notified of this
action. Il p KY EE
The letter of Gen. Thomas, accepting the
appointment of Secretary of War; ad interim,
was then put in evidence and Mr. Butler gave
notice that the Managers would file certificates
OF the proper officers to show that no reasons
for the suspension of Blodget had ever been
sent to the Senate.
Mr.. Curtis then rose and commenced the
opening argument for the defence Abiding
to the character OF the trial and to the oath
taken by Senators in the capacity of Judges he
said the only appeal he should make would be
to the conscience and reason of every Judge
basng his argument solely on questions of law
and fact. He intimated he would subsequent
ly combat the position taken by the Managers
that this body was not essentially and in fact
Court, but at present would consider the
articles separately and in their order and SUBJ
o ance. Ut '4ft Is ftE tf..# q lEH
The gravamen of charges of the first article
was that of the removal of Stanton, that it
was intended to be violation of the tenure-of-
Office act and of the constitution. He then
argued to show that the case of Mr.. Stanton
did not come within the scope of the tenure-of-
office act maintaining that the description of
his Office and its tenure differed materially in
the section and its proviso. Stanton was ap-
pointed by Lincoln in 1862 to hold Office dur
ing the term for which he was elected not TO
hold during a subsequent term for which he
might be elected 1t could not be said that Mr..
Johnson is serving out the time of Lincoln.
The term for which the President is elected is
not absolutely four years but is limited by life
and ability. His conditional term expiring the
Vice President succeeds to the new term which
consists Of the remainder of the term for which
the Vice President was elected. AS well might
it be said that one sovereign served out the
term of another whom he succeeded. The con-
stitution authorizes the President to call upon
the members of his cabinet for advice respect
ing matters concerning his own duties as well
as respecting matters connected with the various
other departments and such had been the in
variable practice since the foundation of the
government. They were the voice and the
hands of the President. In them he was to
repose confidence and for them he was to be
responsible. For this reason they were paced
by the tenure-of- Office act in the same position
as the President by whom they were appointed.
They were to serve out his term of service, but
as to others holding over the case was different.
Mr.. Curtis then proceeded to show what the
feeling and intention of both House and Con-
gress was in the framing and passage of this
bill, maintaining that they were in accord with
the views he had just expressed. He quoted
from speech explaining the report of the COM
mittee of conference, made by Mr.. Schenck,
also from speeches from Messrs. Sherman,
Williams and Others i'll the Senate, in which
they denied that either the purpose or effect of
the bill was to keep Stanton in office. He read
these notes not as expressions of individual
opinion but as explanations of the report of the
committee of conference.
Returning to the consideration of the arti-
cles Mr.. Curtis said the sixth section forbds
any removal contrary to the provisions of the
act, but as Mr.. Stanton did not yield there
was no removal; and if there had been it
would not have violated the act since he had
Just shown that Stanton did not come within
its provisions. The House of Representatives
charged the President with intentional viola
ton of this section, which PROFESSIONALLY will
admit of different constructions, but they fail
to prove that he concured in their interpreta-
ton and then willfully acted in contravention
of it. The first duty of the President is to
construe an act and decide what is its true
A1ShAubs AAis Nuty uG pSiiOimCu do Tie NUu-
stituton provided by consulting with his con-
stitutional advisers and they all put the same
construction upon the acting question as had
been assigned to it by its trainers. The case of
Stanton is of a Secretary holding Office under
the law of 1883, which without expressly Civ
ing the President power to remove him implies
1t by deciding what shall be done by the Presi-
dent after removal. Nothing in the constitu-
ton forbids the exercise of this power by the
President independently of the Senate.
The decision of Congress in 1889 affirmed
by implication that such power was granted to
the President by the constitution and neither
subsequent legislation nor amendments to the
constitution denied it. The practice of the
government also was in conformity TO yhis view.
On the outbreak of the civil war the War De-
partment was in disloyal hands. President
Buchanan told Floyd he must give it up and
Floyd had too much good sense or something
else to refuse. Without this immediate action
no telling what disastrous consequences might
have ensued.
Having argued the right of removal Mr.. Cur
tbs proceeded TO argue its propriety and neces-
sity. In this case he recited the circumstances
attending the first correspondence with Mr..
Stanton and his suspension and went on to
claim that there might be instances in which
the highest patriotism and duty required cit
izen to raise the question of the validity and
binding force of law. Such would be the
duty of trustee in protection of the rights of
third parties who were unable TO assert them.
Such was the duty nobly fulfilled by Hampden
when he opposed the payment of ship money.
The President took not extreme ground, but
while believing it his duty to see that the laws
are faithfully executed, still in cases where
portion of his prerogatives are sought to be in
vaded and no one else to raise the question he
must do it. Suppose a law to be passed de-
priving him of his power as Commander-in-
chief, would it not be his duty so to resist it as
to bring about decision by the courts. A
power derived by implication is as unassailabe
as one directly granted by the constitution.
The counsel do not consider il to be essential
to their case to maintain this position, but deem
It plainly proved -,.
Mr. Curtis then enumerated some of the con-
siderations which had influenced the President,
and referred to Story's Commentaries on the
Constitution and other authorities to show, that
the rule of construction in practice is the best
exponent OF law, From 1889 to 1857 every
President and every Congress has participated
former year. namely: that the President has
the sole power of removal. -a..s
The Senate then took a recess for twenty
minutes.
On re-assembling at $50, Mr.. Morrill, made
motion to adjourn, which was negatiyed-
rs TO Q.
Mr.. Curtis then resumed his argument, and
cited numerous authorities and judicial deci-
sions to prove that the effect of contemporaries
Gus Legislative construction is to fix and de-