The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-04-18

Opening OF the Case for the Deieuce.


Opening Of the Case for the Defence.
Speech OF Gr. CurtisA 81.
The Impeachment trial was resumed in the
U. S. Senate on Thursday of last week, whom
Mr.. Curtis, of Counsel for the President, COM
usncsd his opening speech for the defence, oceu-
pying az hours on Thursday, and again about
an hour and half on Friday. The telegraph
gives the following synopsis Of his speech:
Mr.. Curtis rose and commenced the opening
argument for the defence. Abiding to the
character Of the trial and oath taken BY the sem
ators in the capacity of judges, he Curtis said
the only appeal he should make would be to the
conssiences and reason of every judge, basing
his argument solely on questions of law, and the
fact he intimated, would subsequently combat
the position taken by the managers, that this
body was not essentially and in fact court;
but at present he would consider the articles
separately.
The charge of the first articles was the remov-
al of Stanton, and it was alleged to be In viola
ton Of the tenure-of-office act and the constitu-
ton. He argued to show that the case OF
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 section and proviso-
Stanton was appointed by Lincoln in 1862 to
hold the Office during the term for which he was
elected, -not during subsequent term for which
he might be elected. 1t could not be said that
Mr.. Johnson was serving out the Tina of Mr..
Lincoln. The term for which President is
elected is not absolutely four years, but slmit-
ed by life and ability. His conditional term ex-
piring, the vice president succeeds to new
term, which consists of the remainder of the
term for which the vice president was elected
Az well might it be said that one sovereign serv-
ed out the term of another whom he succeeds.
There was purpose in the difference OF the
phraseology between the section and its proviso.
The constitution authorizes the president to call
upon the members of the cabinet for advice re.
specting matters concerning his own duties, as
well as matters connected with their various de-
partments, and such had been the iayariable
practice since the foundation Of the government.
They were the voice and hands of the president.
In them he was to repose confidence, and for
them he was to be responsible. For this reason,
they were placed by the tenure-of-otfice bill in
the same position as the president by whom they
were appointed. They were to serve out his
term of office; but to holding over the case
was different. sfaf.a@ Ici9h
Mr.. Curtis proceeded to show what the feeling
and intention of both houses was in framing and
passing the BILL maintaining they were in accor-
dance with the views he just expressed He
quoted from speech explaining the report of
Schenck, and also from the speeches of Messrs.
Sherman and Williams and Others in the senate,
in which they deemed Mr. Stanton in Office He
read these not as expressions OF individual opin-
ion, but as in explanation OF the report of the
committee Of conference. t'
Returning To the consideration of the articles,
he said the 9th article ferbids any removals CEN
trary to the provisions of the act, but, as Mr..
Stanton did not yield, there was no removal, and
\ fharo hal haap la xy;Olot a1k he
act. since ne had Just shown that Stanton did
not come within ito provision. The house Of
representatives charges the president with inten-
tiohal violation of this section which unquestion-
ably admits Of different construction, but fails
to prove that he concurred in its Interpretation,
and wilfully acted in conformation of it.. The
first and last duty of the president is to construe
an act and decide what is its true meaning. This
duty he performed as the constitution provides
with his constitutional advisers, and they all
put the same construction on the act as had been
assigned to it by its frapers. The case of STAN
ton il Of actually holding Office under the law
of 1889. which, without expressly giving power
TO the president to remove him, implies what
shall be done by the president after removal IL
Nothing in the constitution forbids the e2ec,s-
ton of this poverty the president, independent
ly Of the Senate The decision of congress Of
l7S9, affirmed by implication that such pow
or was granted to the president by the constitu-
ton, and neither subsequent legislation nor
amendment TO the constitution denied it
The practice of the government was in confor-
nifty with this view. On the outbreak of civil
war the war department was in disleyal hands
President Buchanan told Floyd he must give it
up but Floyd had too much good sense. and
something else to refuse Without this action
there is no telling what consequences might have
enNed. '.5 fH = 1924 - i'7i.ts
After having argued the right Of renewal, he
proceeded to argue its propriety and necessity
He cited the circumstances attending the first
correspondence with Stanton and his suspension,
and went'on to claim that there might be ipstan-
Ces in which the highest patriotism and duty
required citizen to raise a question Of validity
and the binding force of law Such would be
the duty of a trustee in the protection OF the
rights OF third parties, who were unable to as
sert them. Such was the duty nebly filed by
Hampden when he opposed the payment Of ship
money. The president took no extreme ground ;
but, while believing it his duty to see that the
laws were faithfully executed, still, in cases
where portion Of his prerogatives are sought
to be invaded, and no else can raise the ques-
tien, he must do it. Suppose law was passed
depriving him of his power as coinmander-in-
chief. Would it not be his duty to oppose it, so
as to bring about decision 2 A power derived
by implication is rs unassailable as one directly
granted by the constitution. Counsel do not
conceive it to be essential TO their case to main
tain this position, hut deem it plAialy proved.
Mr. Curtis then enumerated some of the con-
alterations which had Influenced the president
and referred to Story''s commentaries ON the con-
stitution, and other authorities to show the rule
OF construction Practice is the best exponent
al The law. From 1889 to 1859 every congress
has participated in and acted under the construc.
ZION OF the former years. namely: That the pres