The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-11

SENAFE..-4!-.....4.sH W FAsHFNGToN, April 10.
After prayer, the Chair was vacated for
the chief Justice and the Court opened.
( The Journal of yesterday was read. The
galleries were about naTT filled.
Gen. Sherman again occupied his seat
Mr.. Curtis, of the counsel for the Presi-
dent. resumed his opening at fifteen min
utes past twelve. .ea
Curtis commenced by referring to the
| statement made 0y Mr.. Butler, that the
] Presidents letter TO the Secretary OF the
Treasury notifying ntm of the SUSPENSE q
i authority under the Constitution. He
| read the letter, and claimed it did not
/ specify under what authority the Presi-
/ dent acted.
The charges made in the 2d article were
/ then discussed by Curtis, who proceeded
/ TO argue that stanton did not come with
/ in the provisions Of the section alleged to
have been violated He said the rst two
| sections OF the 1enure-of-Ofdce Act refer
red 10 removal or suspension arising
/ from any cause. during 4 recess Of the
f Senate, but the third section applies only
| 10 vacancies caused by death or resigna-
| tton,. The penalties prescribed 1n the NTH
/ section were directed wholly against viO-
/ Iations Of the the third section. The pres
ent5 case, he claimed was. outside of It's
I provisions; but, said Curtis. the main
charge of his article is thattbe letter of
/ ant hort twas given wllhou tsthe authori-
claimea that 1t applied to Tacancies of all
kinds, and the act of February 20, 1868. ap-
piled to vacancies arising from sickness
and temporary inability, and only to that
/ extent repealed by the former, under.
which the President had fufl authority for
the act referred TO. In reply TO the charge
made IN Tie third article. hat the desig-
nation of tSeR. Thomas as Secretary Of
va al interim, was in violation of the Con-
stltut1on Curtis cited the acts OF ~, and
others, which authorized the tenn pOrary
filing OF vacancies, without makfLg any
distinction be ween vacancies occurring
during a recess, or when the Senate
is in session, and said the prac-
tlce of the Government had Oeen
a HFlrwe
hey occurred. He illustrated the frequent
necessttyz Of Immediate action in such
Eases by another reference TO the appoint
ment Dy Bnchanan 9f han ia place OF
Floyd. The sixth Article, Mr.. Curtis
claim ed, wss met by his answer to the
tn I'd, and he. proceeded to consider the
tOurth. The charge made IF appointing
Gen. Thorn Is without the advice I'D con-
sent OF the Senate could not be su stained
simple commission to act was not an APP
pOintmehJ, and could not. of course. be
mat no vacancy Ihen existed, Il begging I
Of the question. The vacancy was created !
as soon as Stanton received the order re-
eliy be Contemplated by the President az
the time OF writing Gen. Thomas his let |
SRecapffuiating his argument. curtis
claimed that he. had shown that the I
Managers could not maintain their
charges OF violation of the Constitution !
and laws, and proceeded TO consider the |
various charges ofconspiracy. For this pur-
IA. Z
sixth, and hfth and seventh articles, to- i
gether with. Lhe fourth and sixth, which /
charged conspiracy between the President |
force and naturalization the possession /
OF the War Ofice and Government I
property, and are based on tbe I
conspiracy act, which by It's terms has no |
application % any person in the DisIrlct /
q Colum pa, L; for y sp akS only OF the I
out.ft was not necessary TO rest the answer 1
upon tins technical ground. In a case OF 4
private right he would deem the issue OF T
authofty TO assert II sufficient basis for 1
.chargeio of conspiracy; still less could it be 4
alleged of public right, The order was 4
based on the assumption of military
feri0F officer to conspire, because
the latter obeyed the former. II
the President ever did dfreetIt
or by impH Gallon, give General Thomas
authority 70 use force orthtimidation. The
5th aud 7th articles would be an
ewered by his arguna ents gafnst the 10 ~
Curtis then claimed that the charge made
in tne9 n article not only failed of proof,
but was absolutely disprOved by the testf-
mony of General Emory, who swore To
having introduced the subject to draw out
the Pres dent. 1t would appear IN proof
thai the Prestdent sent for him for AN en-
tirely different purpose from that alleged
IN the. article referred to. Advancing to
the 10Th article, Curtis went into the
question of what are impeachable OffBnses.
He would not vex the ear of the
1ti n5iddle ages, ze but Would ref refer TO TO
he proYi7ious of the Constitution OF the
United states, whose trainers knew. quite
As much as the men who lived in the time
OF the Plan agenets, and had m ade the
subject 50 clear as. to require no research
beyond them. The language of the Con-
was to allow i'm peachment fOr {
treason, bribery, and other high crimes
and misdemeauors; which other high
crimes ana m1s1emeanOEs must be eQuaily Il
grave offenses, and be an offense against !
the United states, for the President IS, else
where, empowered 70 pardon all the Of
fenses against the United states exceut fn
ease OF Impeachment. He recited various
provisions relating 10 the trial of
Impeachment, and claimed that il was
Tuiiy shown THIS tribunal was constituted
for such PURPOSES. A court wax bOlnd by
Jaw. and was iiCt law unto itself. If il
WerenOt 80. there would be no provision
foFbiddiug he passage OF bills OF arLain-
der. nor would Senators, before assuu-
ing the character OF JUDGES. be qufsed
to take an oafh TO obey the Constitution
and laws. The complaint made ia the
Tenth Article is that the President spoke
Of Congress. IL should
have been saiu OF me dominant ma
ward in an extraordI mary way or the
Grand Jury y Que body Of Con-
other. The spectacle is. however. that Of
Congress resolving itself into a school OF
Curtis combatted the view put forward
by Butter that il was inlma2erial whether
or not the alleged indecOrous expressions
We're true, quoting from English statutes
q administration, and passages from the
writings of Madison in support of the po-
sirl0n that telling the truth about officers
OF Government is not an Of1eE Sc against ;.
the law. Gurus then as ed who were to
De the Judges f-tne propriety of. speech.
II was the assumption OF tD1,
very authority which had c. used
thOusanas Of lleads TO fafr in England un-
der the 1udorS, and, nearer our OWL time,
in France. II was the freedom of sueeeb.
ordained by Ous Constitution. and IL made
US US peaceful and happy nation. He pass