The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-23
XLth CONaREsg-seoond Session.
The Impeachment Trial.
ARGUMENT OF MIR. BOUTWELL,.

IHeT part Ill lne pTOtetuiIl5s'
The first business was the consideration O.
the order offered by Mr.. Sumner as tollows
Ordered, That the managers on the part O
the House of Representatives and counsel fol
the respondent have leave to file written OF
printed arguments before the oral argumen
commences.
Senator Vickers offered an amendment pro-
posing to allow such of the managers as are moi
authorized to speak to file written or printed
arguments or make oral addresses and the
counsel of the President to alternate with them
in SO doing. The substitute was agreed to
26 to 20 The question recurring on the order
as amended was lost-2l to 90.
The order submitted by Mr.. Stuart some
days ago was read as follows:
That one of the managers on the part OF the
House be permitted to file his printed argu-
ment before adjournment to-day, and that after
the oral opening by the manager and reply by
one of the Presidents counsel another of thu
Presidents counsel shall have the privilege of
filing written or of making an oral address,
to be followed by the closing speech of one OF
the Presidents counsel and the final reply OF
the managers, under the existing rule.
Mr.. Conness offered the following as sub
stitute:
That such of the managers and counsel for
the President as may choose to do so have
leave to file their argument on or before Friday
April "a.
Mr.. Buckalew moved to lay the order and
amendment on the table, which was rejected
without division. The amendment and origi-
nal order was rejected.
After several other motions were offered and
voted down, Mr.. Trumbull offered the follow
ing:
Ordered, That as many managers and counsel
as may desire to- be permitted to file written
arguments or address the Senate orally; which
was amended by adding proviso that the con-
Guiding oral argument shall be made by only
one manager, as provided in the 2lst rule.
Numerous amendments were rejected and
considerable debate ensued, but the yeas and
nays being taken on Mr.. TrumbulPs order a,
amended, it was adopted-2S to %.
The discussion having continued up to II. so,
Mr.. Boutwell, then commenced his argument.
reading from printed slips, the galleries in tn,
meantime having become very much crowded
Mr.. President-Senators : You may now
anticipate speedily the conclusion of your ar
duous labors. The importance of this occasion
is due TO the unexampled circumstance tina
this trial is that of the Chief Magistrate of thu
principal Republic of the world, and its solem-
nifty is due to the circumstance that this trial l.
a new test of national virtue and the strength
of popular government. The object of this pro-
ceeding is not the punishment OF the offender,
but the safety of the State. AS the daily lif,
of wise and just magistrate is an example for
good, SO the conviction of an untaithful officer
is a warning to all men. The issues between
the House and the President are technical and
limited, but we have met them and maintained
them by conclusive evidence, and your final
action involves and settles questions of public
policy of greater magnitude than any consid-
cred in The political or judicial proceedings OF
the country since the adoption of the Consttu-
ton. He then proceeded to discuss the claim
of the President to the power to remove at all
times all executive officers. This claim has
never before been asserted and surely never
been sanctioned and no law justifes it. II
sanctioned this claim strips the Senate of all
practical power in appointments and clothes
the President with power to remove every one
refusing to be his instrument. Mr.. Boutwell,
then instanced the effect of such power, such
as the removal of all loyal and patriotic Off
GERS of the army and navy and in effect vitiat.
ing the fidelity of all branches of the public
service. The constitutional power Of the Pres
ident and Senate were first considered. An
examination of the constitution, he commended,
shows that the Executive and Judicial depart
mehts have no inherent vigor by which they
are enabled to perform their functions; whit
the legislative department is clothed with au-
thority to make all laws necessary to carry in
to execution all powers vested by the constitu-
ton in the government or any department o,
Offices thereof. The legislative department ha'
original power from the constitution, while til,
Executive and Judicial departments are con,
stan1y dependent upon the legislative depart
mem! Quotations were made from differeni
NTH in Of
If the President, by implication on construc-
ton, assumes authority not granted by the
constitution or laws he violates his oath of Of
fee, and it is not in his province in the execu-
tionof the laws to consider whether they arr
constitutional. The crime of the President il
thathe has violated law. and in his defence
TO e,quiry has been made whether the law il
constitutional. There can be no enquiry BY
this tribunal whether the tenure Office act i,
constitutional or not. 1t is a law of the land
binding upon all officers and departments o.
the government. 1t was the Presidents duty
to execute it and upon his own answer by re-
peaed official confessions and admissions h
intentionally, wilfully and deliberately SET
asid. and violated it. Mr.. Boutwell, maintain
ed hat no Senator has right in this trial to
be governed by his own opinion of the con-
stitltionality or expediency of the law. II
the President may refuse to execute law be-
cause in his opinion it is unconstitutional then
he snd his successors may refuse to execute ali
laws not sustained by the Supreme Court
Having no right to inquire into the constl
tutionality of law the President cannot plea
purity of motive to refute his own admission 5
thathe has Intentionally violated that law.
The avowal of the President that his obje CT
in violating the tenure-of-office act was to get
it in to the courts was considered, and Mr..
Boutwell, characterized such proceeding As
audacious and criminal, and as a systematic at
tempt to undermine the government by draw
ing INTO the courts the question of the validity
of laws constitutionally enacted. But the as
sertion that the President desired to test the
motion in court was preteXt, as up to this
time no real steps have been taken by him in
that direction. He never designed to test his
rights in the courts. His object was to seize
the. offices of the government for the purpose of
corruption, and by their influence to enable,
him to reconstruct the Union in the interest O.
the rebe,lious States.
He resorted to the usurpation as a necessary
means of usurping all power and restoring the
Government to rebel hands. No criminal was
ever arraioned who offered a more unsatisfac-
tory excuse for his crimes. He had no right
to do what he says he designed doing, and the
evidence shows no attempt to do what he as
Constitution relating to appointments were
then considered as theories given TO show that
no removals or appointments can be made by
the President except in concurrence with the
Senate, The letter of removal TO Mr.. Stanton
was an admission by the President that Mr..
Stanton was Secretary of War on the 21St of
February 1868, but that his suspension was
abrogated by the action of the Senate, and
that Mr.. Stanton thereby was restored lawful
ly to Office. By issuing the order for the re-
moval of Mr.. Stanton the President made the
attempt in violation of the Constitution. This
is sufficient TO justify verdict OF gully. under
the first article. The right claimed by the
President to make removals when the Senate
is not in session, as during recess, was shown
by reference and by the Constitution to be nm
authorized. In the exercise of this unauthor-
lied right the President, previous to the pas
sage of the tenure OF office act, had removed
hundreds of public officers to the detrment o.
the public service, and appointed others who
in the internal revenue service, have caused
losses to the Government of not less that $}5
100000 year for two years The passage of
the tenure bill has proved Intellectual as a COM
plete security, and now the President asserts
his right to violate it, and by his Interpretation
of the Constitution assumes absolute and un-
qualified power over all officers in the country
The removal of Mr.. Stanton is the particular
crime of the President, for which conviction
is demanded. By his conviction the Govern
ment will be purified and restored. By his
acquittal the Government will be surrendered
into the hands of an usurping and unscrupu.
lous man, who will use all the vast power he
claims for the corruption OF every branch o
the public service and the final overthrow OF
the public liberties. The excuse of the Presi
dent. that he acred under the advice of hi;
his Cabinet was cited as not tenable, as h'
had no right to such advice on anything out
side Of their special departments: The act o