New-York tribune., 1868-04-23

Senator CONNESS proposed to make IT entirely elenr
TO In amendment, the words subject 10 the
2st rule" the gTppcs0n was agreed TO- 90 suns
0d That q III. M,D'ss ard Of tss counsel 81 tg,. iST IL:
The substitute was agreed tO-Yeas 20; Nays 90 as fol
lows:
A4DtR5opy. y....nd'n. Merrill Merrill @sh ssaS sR,.sS'
Conkling, Grmes Patterson ~ H. prnmbull,
Cngn, HendsrsOp. Patterson (Tenn ,Wnsg
Davis Hendricks Rim-ey Van wAN'
RSS@1s. RS%"sG SG;::y iiS;ss FhsiSs sSsiS.S SS;"
Perry,
S:@:rpn' S:9:S Bl,S: Dlg. E%ss ms,::, sS.. s;s..,
Chandler. FIsingbuy,en, morrill, (vt). sumner
SaSss cSSss Ho1ns aossns PomSSy. PSIsSS Wlsh-,o ili
Senator BUCKALEw moved 10 amend the substitute
by adding 10 II the following words But the concluding
oral argument shall be made by ono Manager as pro
various other amendments were offered and voted
down. and at length, after nearly two hours spent In a
tempts to settle the question the snDsuue 9nered Dy
Buckaiew, was adopted Instead OF original order
Mr. Boutwell, then, at ten minutes before one O'clock
MANAGER BoUTwEILs ARGUMENT.
Mr. president, SENATOR'S: You may now anticipate
the speedy conclusion Of your arduous labors The I'M
pOrtance Of this occasion due to the unexapled cir
public Of the world trial upon the charge that be Ia
guilty OF high crimes and misdeineanors IN ONCE The
sOemnity OF this occasion s due 10 the circumstance that
this trial a test of public national virtue and
also Of the strength and yigor OF popular government
The trial Of great criminal not an extraordinary event
even when followed by conviction and the severest
penalty known 70 the laws This respondent is not 10 be
deprived Of hfe liberty or property The object Of this
proceeding not the punishment OF the offender but tho
safety Of the State As the daily life OF the wise and just
agstrate example for good, cheering, encouragug
and strongthening all Others the trial aud conviction
OF dishonest unfatful officer Is warning 10 all
men, and especially TO such as occupy places OF public
trust.
tives and Andrew Johnson President Of the United
States, technical and limited ehave met the issues
and We believe maintained the cause of the House Of
Representatives by evidence direct clear and cODusve
Those issues require you to ascertain and declare whether
Andrew johnson, President OF the United states guilty
high crimes and sdemeanOrs as set forth In the seVe
raj articles of impeachment exhibited against him. and
especially whether he has violated the laws or the Con-
stuton Of the country In the attempt which s made on
the 2lst OF February last 70 remove Edwin ~ Stauton
aud to appoint Lorenzo Thomas Secretary Of War dd int
rim.
pear In the statement to be limited In their nature and
character; but your final action thereon involves aud
than any considered I'm the political judicial proceed
ings of the country since the adoption Of the Consu
MI johnson attempts TO defend his conduct in the mat
of the removal Of Mr. Stanton by an assertion Of the
power any and all time OF removing from office all eN
ecuve officers for to be judged Of by the President
alone"
and navy Of the civil aud the diplomatic service
In this claim he assumes ana demands Tor hilnelf snd
yearly increasing patronage OF this Government THIS
never been sanctioned there law usage which
furnishes any ground for Justification even the least
Heretofore the Senate has always been consulted In re-
gard TO appointments and during the sessions Of the
Senate IL has always been consulted In regard 10 removals
from Office The claim now made, II sanctioned, strips
leaves the patronage OF Office the revenues ana expend
OF the country IN the hands OF the President alone
Tho that the power Of the Senate 10 act
on and confirm nomination ~ q barren power, as q
Of protecting the public interests II the person so
confirmed may be removed from bis office at with
the advice and consent OF the senaei II this claim
shall be conceded the President is clothed with TO
every person who refuses to become his nsru
ment. - =,
and patriotic officers from the army, the navy,
the civil and the diplomatic service, and nom
mate only his adherents and friends. None
but his friends can remain In office; none but his
friends be appointed TO office. What security re-
secuity for the Connection Of the public revenues what
accountability remains In any branch OF the public ser
ent upon the Executive Heretofore the Senate could say
70 the President shall not remove faithful honest
public officer This power the Senate has possessed ana
exercised for nearly 50 years under and by virtue OF ex
press authority granted In the Constitution Is this au
this perogatve we may almost call It, to be abandoned
Has the country has the Senate IN the exercise OF s
legislative, executive judicial functions, fully con-
sdered these broader and raver issues touching and az
feeting vitality institutions and system OF government
Johnson President OF the United States the bar Of this
august tribunal, and has here charged HIM with hRh
and misdemeanOrs In Office. He meets the charRe
by denying and assang the ancient undoubted consti
tutiOna powers Of the Senate This Is the grave hatoa
historical constitutional issue When you decide the sses
Of record which appear narrow aud technical you decue
The Managers on the part Of the House Of Representa-
tlves as time and their abilities may permit intend 70
deal with the CRIMINAL ana WIN tnese MS crimes anu
TO examine the constitutional powers Of the fres
and of the Senate. shall FIRST invite your attention.
Senator's to the aforementioned topics.
II s necessary in this discussion to consider the charac
ter of the government and especially the Distribution OF
powers and the limitations placed by the Constitution
the executive judicial and legislative departments
The tenth amendment 20 the Constitution provides that
the powers delegated to the United states by the
Constitution prohibited by IL " the States, are
served to the States respectively, or to the people
This provision Ii not 10 be construed as to defeat the
objects for which the Constitution itself established
and follows necessarily that the three departments OF
the Government possess sufficient power, collectively TO
accomplish those objects.
IL will be from examination OF the grants Of
mower made TO the several departments OF the Govern
ipent that there il difference in the phraseOOgy elm.
pOyed and that the legislative branch alone Is ntrused
with discretionary authority The first section or the
provides that all legislative powers heT1u
rad ha be vested In Congress of the United States,
which shall consist OF Senate and House OF Representa-
The first section OF the second article provides that
the executive power shall DO vested IN President OF
the United States Of AmerIea and the hrst section OF
the third article provides that the judicial power OF the
United States shall be vested III one oupeue COuF anu
In such Inferior courts the Congress may from to time
ordAlu and establish" Tile words herein granted as
used the first section OF the first article Oh the Cohs
ton are OF themselves words Of nltauon upon the reg
isatiye powers of Congress- combining those powers WIN
In the authority expressed in the Consituon Inc dO
sence OF words the provisions relating 70 te
ecutive and judicial departments DO NOT as AT
be supposed Justify the inference that unnlteu sutnor
ity fs conferred upon those departments. An eaall
ton OF tho Constitution shows that the executive ana u
dieal departments have Inherent vgor by wnlcn, u
der the Constitutions they enabled 70 perform inc
functions delegated to them, while the legislative depart
nent noticeable contrast, Is clothed Win autoriy
10 make ali laws which shall be necessary and proper
TOT carrying into execution the foregoing bo"eLs, I'LL
ofhs Dned SdleS or any gdepdrtneM or opIeer merey.
By virtue Of this provision tho Constitution deVoives
upon Congress the duty Of providing by legislation iOi