The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-23
CONGRESSIONAL
WASHINGTON, April %,
SENATE.

The Chief Justice stated that the nrst
business would be an order offered by
Mr.. Sumner allowing the Managers for
the House and counsel for the President
10 have leave to file written or printed
arguments before the oral argument
commences. -.r.. se
Mr.. Vickers offered an amendment
proposing to allow such Of the Mana
gers as are not authorized to speak to
file written or printed arguments oil
make oral addresses, and the counsel OF
the President to alternate with them in
so doing.
Dir. Curtis stated that Mr.. Stanbery's
indisposition was such that it would be
impossible for him to take any further
part in the proceedings. 81,
The substitute was agreed to by vote
of &c against 20.
The order as amended was then lost,
81 to 26.
Mr.. Stevens inquired if there was any
improperly in the Managers publishing
short arguments.
1t was finally agreed on that as many
Managers and counsel for the President
as desire be allowed to file written ar
guments or address the Senate orally,
provided the final oral argument be
made by one person only. .r.
After considerable debate as to the
closing speeches. Mr.. Trumbul moved
the following:
Ordered, that as as many of the Man
ayers, aud of the counsel for the Presi-
dent as desire to do so, be permitted to
file arguments or address the Senate
orally.
The substitute was agreed TO.
Senator Buckalew moved TO amend
the Substitute by atldingto it the fol-
lowing words, "but The concluding oral
argument shall be made by one of the
Managers, as provided by the list rule"
Various other amendments were offer
ed and voted down, and finally, alter
nearly two hours spent in attempts to
settle the question, the substitute offered
by Mr. Trumbull, as amended, on mo-
ton of Mr.. Buekalew, WAS adopted III
stead of the original one.
Mr.. Boutwell, at ten minutes before
one O'Clock addressed the Senate.
Dir. President and Senator's You may
now anticipate the speedy conclusion
of your arduOus labOrs. The impOr'
tlnce of this occasion is due to the un-
exampled circumstance that this trial
is that of the Chief Magistrate OF the
principal republic Of the world, and its
Solemnity is due to the circumstance
that this trial is new test of national
virtue and hestrength of the popular
Government. The object of this pro
ceeding is not the punishment ofthe OF
fender, but the safety of the State. Al
the daily life of wise and Just Magis
trate is an example for good, so The
conviction of an unfaithful officer is /;
warning to all men. The issues be
tween the House and the President are
technical and limited, hut We have
met them and maintained them by con
elusive evidence, and your final actor
involves and settles questions O
public policy of greater magnitude
than are considered in the political Oh
judicial proceedings of the country
since the adoption of the Constitution
He then proceeded to discuss the
claim of :ae President of the power to
remove at all times all executive Off
GERS. This claim has never before been
asserted and surely not been sanction
ed, and no law justities it if sanctioned
This claim strips the Senate OF all
practical power in appointments, and
clothes the President with power to
remove every one refusing TO be his, in
strnment.
Mr.. Boutwell, then inStanced the eff
feet of such power, such as the remova
fall loyal and patriotic officers of the
army aud navy, and in effect vitiatine
the fidelity of all tSe branches of the
public service. The constitutional
powers of the President and Senate
were first considered. An examination
of the Constitution. he contended
shows that the executive and judicial
departments have no inherent vigOr by
which they are enabled to perform their
functions, while the Legislative depart
ment is clothed with authority to make
all laws necessary to carry into execu'
tion all powers vested'by the Constitu.
tion in the Government or any depart.
ment or officer thereof The legislative
department has original power from
the Constitution, while the executive
and judicial departments were consti.
tutionally dependent upon the legisla-
tive department.
Quotations were made from different
authorities in support of this point. II
the President, by implication or con
structioH, assumes authority not grant.
ed by the Constitution or laws, he VIC,
latSs his oath of Office, and il is not in hi,
province in the execution of the laws
10 consider whether they are constitu'
tional. The crime of the President is
that he has violated law, and in his
defense no inquiry can be made wheth'
or the law is constitutional. There can
be no inquiry by this tribunal whether
the tenure of office act is constitutional
or not. 1t is q law of the land, bind
ing upon all officers and departments OF
the Government. 1t was the Presi-
dents duty to execute, and upon his
own answec by repeated official con-
LESSONS aud admissions, he intention.
ally, wilfully and deliberately set aside
and violated.
Mr.. Boutwell, maintained that ut
Senator has a right in this trial to be
governed by his own opinions of the
constitutionality or expediency of the
law. If the President may refuse 10 eX,
ecute a law because in his opinion it is
unconstitutional, then no and his sue,
cesSOrs may refuse to execute all laws
not sanctioned by the Supreme Court
Having no right TO inquire into the
cOnstitutiOnalityo of law, the President
cannot plead purity of motive t. refute
bis own admissions that he has inten-
Gonally violated that law. The. avowal
of the President that his object in
violating the tenure of office act was to
get it into the Courts was considered.
Mr.. Boutwell, characterized such "a
proceeding rs criminal and as a system.
attic attempt to undermine the govern
ment by drawing into. the courts the
question of the validity of laws consti-
tutionally enacted. But the assertion
that the President desired to test the
matter in court was a pretext, as up itO
this time no real steps have besp taken
by him in that direction. He never de-
signed to test his rights in court. His
object was to seize the offices of the
governs ent for purposes of corruption
aud by their influence TO enable him TO
reconstruct the Union in the interest OF
the rebellious States. He resorted to
this usurpation as necessary means OF
: usurpiBg all power and restoring the
a. 4. III L.. NJ inn