Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-10
IMPEACHMENT COURT.

At Washington yesterday, after the
introduction of further testimony to
prove that Mr.. johnson refused to appoint
one Ward to office, on the ground that he
was on the side of Congress, and that
one Bledjett, postmaster at Augusta,
Ga, having been removed without rea'
sons having been assigned, and also the
letter of acceptance of Gen. Thomas as
Secretary ad interim, Mr.. Curtis then
arose and commenced the opening argu-
ment for the defense, and, abiding to the
character of the trial, the oath taken by
the Senators, and the capacity OF the
Judges, he said the only appeal he should
make would be to the conscience and
reason of every Judge, basing his argu-
ment solely on questions of law and fact,
and intimated that he would subsequently
contest the position taken by the man
ayers; that this body was not essentially,
or in fact, a court, but ct present he
would consider the articles separately,
in their order and substance. The grara-
men of the charges contained in the first
article, we're that of the removal OF Mr..
Stanton, and the items intended to be a
violation of the Tenure-of- Office act, and
the Constitution. He then argued to show
that the case of Mr.. Stanton did not come
within the scope and provisions of the
Tenure-of- Office act, maintaining that the
description of his Office and its tenure
differed materially in its sections and pro-
visions that Mr.. Stanton was appointed
by President Lincoln in 1862, to hold
Office during the term for which he was
elected, and not to hold during subse-
ouent term for which he might be elected.
1t could not be said that Mr.. Johnson is
serving out the time of Mr.. Lincoln. The
term for WHICH a President is elected is
not absolutely for four years, but is limi-
ted by life, and also that by his condi-
tional term expiring as Vice President, he
succeeds to new term which consists of
the remainder of the term for which the
VicePresident was elected. As we'll might
it be said one sovereign served out the
term ofanother whom..he succeededA Here
was purpose in the difference of the
phraseology between the section and its
proyiso. The Constitution authorizes the
President to call on the members of his
Cabinet for advice respecting matters
concerning his own duties, as well as re-
specting matters connected with their va
rious departments, and such has been the
invariable practice from the foundation
of the Government. They were the
voice aud hands Of the President, in them
be was to repose confidence, and for
them he was responsible, and for this
reason they were placed by the Tenure of
Office in the same position as the Presi-
dent, by whom they were appointed /;
and they were to serve out his term OF
service; but as to the others holding
| over, the case was different. He then pro-
ceeded to show what the feeling and in
tention of both Houses of Congress was,
in the framing and passage of this bill,
maintaining that they were in accord
ance with the views he had just ex-
pressed. he then quoted from a speech,
explaining the report of the Com
mittee on Conference, made by
Mr. Schenck, also extracts from the
speeches of Messrs. Sherman, Williams,
and others in the Senate, in which they
deemed Stanton in office. He read these,
/ not as expressions of opinion, but as ex-
plantations of the Committee OF Confer
ence, and then returned % the consider
alton of the articles. He said the sixth
section forbids any removal from Office
contrary to lie provisions but as Stan
ton did not yield. it Was no re-
noval, and Il it had been, he would
not have violated the act, since be
had Just shown that Stanton did not
come within its provisions. The
| House of Representatives charges the
President 9Th Intentional violation Of
this section. which unquestionsbly cd.
mits Of different constructions, bat they
failed to prove that he 1.-THE President)
concurred in their Interpretation Of and
Fillfully acted in coniraveption Of it
The frat duty Of the President is to
sustain an act and decide What is its
right meaning, and this duty be per
formed as the Constitution provides,
by & consultation with bis constitu-
tionsl advisers. and they al put the
same construction upon the act in ques-
ton, as had been assigned to it by il
trainers. The case Of Stanton is that O.
actually holding Office under the Law
without giving the President power Il
remove him, implies BY dsnoiing vhAl
shall be done BY the President after
, removal Nothing in the Constitution
forbiis the exercise Of this power By th'
President, independently Of the Senate
The decision Of Cosgressin lIsa, affirmed
By implication that such power vas grant
ed 10 thePresi6entby ihsConstitutisu. ar I
, neither subsequent legislation or amend
msnis 10 the Consiituiion denied IL Th'
|, practices Of the Govsrnnens also, vas IL
|, conformity 70 this viev. On The out