Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-11
NEWS BY TELEGRAPH
IMPEACHMENT.
WASHINGTON, April 10, 1868.
SENATE.
To Ohio Statesman.

After prayer, the Chair was vacated fol-
the Chief Justice and the court opened.
The journal of yesterday was read.
The gallery was about half filled. Gen
Sherman again occupied seat on the
floor.
MIR. CURTIS, of the counsel of the Pres
ident, resumed his speech at half-past II
o'clock. Mr.. Curtis commenced by refer
| ring to the statement made by Mr.. Butler
that the Presidents letter to the Secretary
of the Treasury. notifying him of the sus-
pension of Stanton, claimed no justifica-
tion of his authority under the ConstiJu-
| tion. He read the letter, and claimed 1t did
specify under what authority the Presi-
dent acted.
The charges made in the second article
were then discussed by Mr.. Curtis, who
proceeded to argue that Stanton did not
come within the provisions of the section
alleged to be violated. He said the first and
second sections of the tenure of office act
referred to removal and suspension arising
from any cause during recess OF the
Senate, but the third section applies only
to vacancies caused by death or resignation.
The penalties prescribed in the 5th section
were directed solely against violations of
the Sd section. The present case, he
claimed, was outside of its provisions. But,
said Mr.. Curtis, the main charge of this ar
.icle is that the letter of authority was Civ
en- without due authority OF law
Reading the act of 1895, he claimed it
applied to vacancies of all kinds,
and the act of February Goth, 1868,
applied to vacancies arising from sickness
and temporary inability, and only to that
extent repealed the former, under which
the President had full authority for the act
referred TO.
In reply to the charge made in the third
article, that the designation of Gen. Thorn
as as Secretary ad interim, was in violation
of the Constitution, Mr.. Curtis cited acts
of 1892 and others which authorize the
temporary filling of vacancies, without
making any distinction between vacancies
occurring during recess or when in ses-
sion, and said the practice of the Govern
ment mad been uniform in filling vacancies
as soon as they occurred. He illustrated
the frequent necessity of Immediate actio
in such cases by another reference to the
appointment by Buchanan of Hall in place
of Floyd. The eighth article, Mr.. Curtis
claimed, was met by his answer to the third,
and he proceeded to consider the fourth
The charge made of appointing General
Thomas without the advice and consent of
the Senate could not be sustained, because
no appointment was made. A simple COM
mission to act, was not an appointment,
and could not, of course, be submitted to
the Senate. The allegation that no vacancy
then existed, is beg ying of the question.
The vacancy was created as soon as STAN
ton received the order removing him, and
the vacancy could properly be contem-
plated by the President at the time of his
writing Gen. Thomas a letter of authority.
Recapitulating his argument, Mr.. Curtis
then claimed he had shown that the mana
gers could not maintain their charges of
violation of the Constitution and laws, and
proceeded TO consider the various charges
of conspiracy. For this purpose he said
he would take up the 4th, 9Th and 9TH artl-
cles together. The 4th and 9th, which
charge conspiracy between the President
and Gen. Thomas to obtain by force and in
timidation possession of the War Office and
Government property, are based on the
conspiracy act, which by its terms has no
application to any person in the District of
Columbia, for it speaks only of the States
and Territories of the United States. But
it was not necessary TO rest the an
swer upon this technical ground. In case
of private right he would not deem the is
sue of authority TO assert it sufficient basis
tor the charge of conspiracy. Still less could
it be alleged of public right. The order
was based on the assumption OF military
subordination, aud the superior and infer
ior officers to conspire, because the latter
obeyed an order directed to him by the
former. 1t was also impossible to show
that the President ever did. directly or by
implication, give General Thomas author
ity to use force or intimidation. The fifth
and seventh articles would be answered by
his arguments against the tenth article.
MIR. Curtis then claimed that the charge
made in the ninth article not only tailed
OF proof, but was absolutely disproved by
testimony of Gen. Emery, who swore to
having introduced the subject to draw out
the President. 1t would appear in proof,
that the President sent for him for an en-
tirely different purpose from that alleged
in the articles referred to.
In advancing to the 10th article Mr.
Curtis went into the question of what are
impeacbable offenses. He would not veX
the ear of the Senate with precedentS from
middle ages, but would refer to the pro-
visions of the Constitution of the United
States, whose trainers knew quite as
much as men who lived in the
time of the Plantagenets, and had made
the subject so clear as to require no re-
search beyond them. The language of the
Constitution was to allow Impeachment for
treason. Bribery and other high crimes and
misdemeanors must be equally grave OF
lenses, and be offenses against the United
States, for the President is elsewhere en-
powered to pardon all offenses against the
United States except in cases of impeach-
ment. He recited various provisions re-
lating to trials of Impeachment, and claim
ed it was fully shown that this tribunal
was constituted for such purposes. A
court was bound by law, and was not law
unto itself. If it were not so there would
be no provision forbidding the passage of
bills OF attainder, nor would Senators be-
fore assuming the character of judges be
required to take an oath to obey the Con-
stitution and laws. The complaint made
in the 10th article is that the President
spoke disrespectfully of Congress; it
should have been said of the
dominant majority. But the charges
is brought forward in an extraordinary
way, for a grand jury is one body Of Con
gress, and the triers constitute the other.
The spectacle is, however, that of Congress
resolving itself into a school of man.
ners. Mr.. Curtis combatted the
view put forward by Mr.. Butler, that
it was immaterial whether or not
the alleged indecorus expressions
were true, quoting from English statutes.
The sedition law passed during Adams ad-
ministration, and the writings of Madison
were passages in support of the position
that telling the truth about officers OF the
Government is not an offense against the
law. s-lJ -y.
Mr. Curtis then asked who were to be the
judges of propriety OF speech. 1t was the
assumption OF this very authority which
had caused thousands OF heads to fall in
England under the Tudors, and nearer our
own time in France. 1t was the free
dom OF speech ordained by our
Constitution, that made us peaceful and
happy nation. He passed very briefly over
the 18th article, characterizing it as COM
pound OF the ten preceding ones, and closed
with reference to the unprecedented
magnitude and Importance OF the case, say
ing that there had not been, and never
could be, another occasion like this to
prove the greatness of American justice
over injustice; that justice which Burke
says is the crowning glory OF all civiliza-
tion, or that injustice which is sure to re-
turn to its authors.
The Senate, at 2:15 took recess for Ii
minutes.
and on examination by Mr.. Stanbery, tes-
titled as to his rank in the army and his