Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-01
g 81 FORTIETH CONGRESS.
This Afternoons Proeeedin ngs.
Impeachment.
CosCLusIoN OF MR. EvARrs, ARGu.
'fs MENT.
FRIDAY, Nav T.

Mr.. Evarts, said notwifhs tanding the long
suhsfing patience on the part Of the Court to-
W. Mares nm And his associate counsel, both in
the usumony and the arguments, they were in
the eondition OF Lord Eilenborough who re-
plies to the query Of a coun sci as TO what time
would be his pleasure to hear the continus-
non OF his argument, that he would hear 1t to-
morrow, but as 10 pleasure that was all gone
Mr.: E. ssen proceeded to review the act of
1Is5, in reference TO the filling of VACANCIES,
and to reply to the allegation that the appoint
ment Of Adjutant General Thomas did not
come within the restrictions Of the act of 1S63;
arguM that 1t was perfectly competent for the
President to appoint him. 1t was not worth
while for him Mr.. +. to argue as to whether
General Thomas was proper locum teHeHs TO
seiect ior the position. He would call their at
ton to the ad interim appointment of ST. John
skinner to be Postmaster General. and he
would like to know whether Pres ident Lincoln
was subject TO impeachment for making this
appointment without an enabling act OF Con.
grpss. There was now no occasion for this ex-
traord1naTy process Of impeachment. Tempo
rary appointment does not rest upon the proyl-
sions OF the Constitution al all, and in making
them there was no distinction between the Sos
sion and the RI cess. They had enough cases
IRON the record to show that appointments
were made during the session. Mr.. Nelson
was appointed Secretary of State dd interim IN
l>fi during the session of the Senate: General
Scott was appointed dd intsySsa Secretary OF
wal: Moses Kelly ad interim Secretary OF The
Interior, and Joseph Holt od interim Secretary
of War, all during the session Of the senate.
he would now come TO the removal
OF Mr. Stanton. Most extraordinary views
have been presented in reference to the Cab
inef Senators. on the part OF the House OF Rep
resentatiyes. He had ALREADY referred 70 the
personal degradation attributed TO them by the
honorable Manager, Mr.. Boutwell.) The SEN
a'or from Maryland (Mr. Johnson) and from
Iowa Mr.. Harlan) could ans wer it further if
necessary, as they had bern members OF the
Cabinet. But the deliberations Of the Cabinet
had also been referred to "a kind Of star
10 "A
addressed to President Lincoln, signed oy a
number of Senators, some fifteen of whom were
members OF this body, asking the substitution
OF another person for the Postmaster General.
Montgomery Blair. and declaring that the Cab
met should be e unit in opinion: that il was
esssntial 10 the harmony and well being of the
met should be in perfect accord with the Pres
ident The House of Representatives did not
seem to hold such an opinion as this.
Mr. r. here quoted from the remarks of Ssn-
ators Wl'iams and Sherman on the tenure-o.-
Office bill, the first that the exception OF The
Cabinet officers amounted 20 nothing PRACTICAL
ly, and of Mr.. Sherman that he could not
imagine case of a Cabinet officer refusing 10
resign when requested to do so by his chief
The bill was further explained in answer 70 a
qnf stiOn from Senator Howard by these Ssna-
tors. Mr. Sherman SAID that he could not con-
ceive that any man Of honor would refuse to
resign when asked to do so blythe President
and MT Williams said il the President had a
disagr.eable Cabinet officer all thar he had TO
Ill. W..
IL Of this, can We listen with patience TO long
arguments that IN the case of Mr.. Stanton this
clause of the bill operates TO prevent the Presi-
dent from removing a Cabinet officer whom
he never appointed. How can il be said thst
Mr.. stanton term extended to the second term
OF Mr. Lincoln when he was appointed in the
nrst term But this is not all. How can YOU
remove the President from Office under ;ne
stigma of high crimes and misdemeanors-
d. pose the highest elective officer OF the Gov
ernment-for believing what Mr. Senator Sher-
man said. that Mr. stanton did NOT come within
the provisions of the bill Mr.. Sherman repre-
Sented the conference committee, and no one
eontIsdieied i his statement. Then he (Mr. E.
would like 10 know how thL Senate could
JUSTIFY their removal Of the President before
the high revisory board-the people
But the explanation went further. Mr. Sher-
man, IN answer to Mr.. Doolittle, said the clause
was not intended TO affect the present President;
that he could remove the Secretary of the
IreaSury. OF the Navy, of War, and II he Mr.
s. believed that any one of these officers wouId
be so lost to the d gnity Of manhood as TO refuse
TO resign when requested 70 do So he would
readily consent TO their removal. He lMr E.
now asked Senators to ponder over this, and
that tney all, by their silence, corroborated the
construction taken by Mr. sherman. He then
r, ad from the remarks of Mr. Schenck, in the
House, on the same blli
The honorable Managpr (Mr Boutwell, 4 has
disclosed TO you his views relative TO the de-
bates OF 15S', and argued that il was clearly
held then that the power Of removal was only
eMss1hs rn,s iht. during the recess The Manager
-
word IN all those debates 70 support his asser-
hon. The sole question which was discussed,
Was tne absolute power of removal. The
whole practice of the Government was adverse
to the position laid down by the Manager The
practice Of restoration in once which has
grown up OF late years, SO that removal aud
appointments are made only OH political 4
grounds. The Manager has alluded 10 the
forms by which nominations were sent i'm. The
last one on your table, that Of Gen. Schofield,
!or Secretary OF War, shows the form. ssItls L
X n "a nf N -.
Ito be removed" but "removed." There can
be no vacancy unless in case of removal The
very form in which the nominations are sent
in shows that the President ALWAYS has exer
clsed the absolute power Of remoypI
Senators Sherman and Williams We're right
In their theory that NO Cabinet officer could be-
SO lost to sense Of honor as TO refuse to resign
on the slightest intimation that such was the
desire OF bis chief; for, since the foundation of
the Government there had been bur two cases.
nose OF Mr. Pickering and Mr.. Stanton. On
MI. Plckerings refusal. he was Immediately
removed by President Adams. Mr.. e. then
read the list Of removals made at various times
dunng the session OF the Senate which has been
put IN evidence. The counsel had presented
this on the part of the respondent 10 prove the j
practice OF the Government since its founda.
uon. He invited their attention to a remark
p aoie CONCESSION by Mr. Manager Butler, that
IL the President had made this removal IN a
manner, the precise terms of which had
bt en- !aid down by the honorable Man
ager, there would have been no cause for |
eShAucht. ~ not, tucQ, the fOyflf<Y
an re OF which the manager complained, but the
absence OF the sNdcttur in modo The honorable
manager (Mr. BoutwelD had laid down the
proPosiuon that the question Of constitutional.
ny had nothing at all to do with IL: that that \
was law, and, constitutional or uncon stitu.
uonal, 1t must not be violated. So the Presl. I
dent is 10 be removed for violating an uncou.
stiutional law, The manager pressed by the
force Of an argument, is driven to the desperate
position Of maintaining that constitutional
and unconstitutional laws are the same thing
in this country; that il an uncons ututional law
is violated on the ground that 1t is uncopetitu
ttonal ana he has right to break It. he is tv |
rant and q usurper. Tue honorable ma nager
says this Senate has notbins 10 do with the /
Question OF constitutionality, we cannot 70 10 |
the Supreme Court for a decision: hut Tthst
the only que stionl Is whether a law has |
b, en- vtolated-an ambiguous and ca nj tocal
law, which the President is called 10 Act
upOn, and upon which he does take aetion
b the advice OF, hts constitutional ad yisers,
is to be made the base Of changes upon which ]
be Is TO be depoeed. The M@akers sog me law
is as plain ~ the nose on your face. Nj. 81 4
then reviewed the tenure.of-olhce hw. III did
not inniet 8, psnsity ssosp. il case. OF re;
case, the hwOfthe land will apply to his Ease
ana he canaot - punished for an Atteu,,,ed
removal: There is no penalty pfescribe& in
the bill foE1an attempted removal. What EoMna ~
the aIticle iaB that the tfesider{ ssfiesf or
Ger "A wf4tnx tor the irtrnosal OF EdriS n
Stanton, not dat be fernoyed him. vst - -
no penalty IN tte law for and 1ftSmrSaX -.
M0valJ Now In 90 small mafssr at ~ r.
moyA OF President II NAV not - r~@1cs-fi