Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-25


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nut in evidence a message which had
shown that their friend (Stant0n) had
preferred the advice thus characterized,
and that he might now cry, "SaVe rae
from my friends" If they made him out
that "~servile serf;r abiding briefly to
the high commentators OF the Presi-
dent, written by Stanton in 1865, and to
the strangeness of the fact that the Pres
i6snt is only now inpeaehed for an
ofenss sgsinst the Cefuncb Thirty-nlnth
Congress.
Mr.. Nelson then proceeded to consider
the articles OF Impeachment separately.
He held that in the first place, there vas
a distinction made by both common and
statdte law, between 3 crime and sn at
tempt to commit s crime, and as the
Civil Tenure bill relates OILY to actual
removal from Office, and So the President
made none, the charges in most OF the
articles fail, but aside from this objection
which, though technical, should still be
claimed to bear weight. he would Nell
ton three propositions.
First, That the Tenure Of Office bill is
void, and if it is not, then that Mr.. Stan
ton ia not screened by il, and that even
II it is legal and applicable, that the
President is a0t guilty Of a crime, because
be seted from lsUdable motives.
He quoted at great length from the
debates on the formation OF the ConstI-
tuition, and on the passage Of the act OF
1850 as we'll as from numerous legal
authorities to show that the question Of
the Presidents power OF removal was
definitely stated by the action Of Con
cress at that time, and claimed that
therefore he had grounds for honestly
tanning the opinion on which he seted.
From the constitutional requirements
fire Attorney General is TO furnish the
President with opinions in writing, and
the fact that such opinions are collected
snd bound by the authority OF Congress,
constitute q quasi authority for the
Presidents action. He then cited a
large number of opinions by various
Attorney Generals, since the lorna
ton Of the Government, ii which
they place the same construction on q
law of 1883, and express the same
views regarding the power OF removal IS
President Johnson. He referred also to
the opinion Of Mr. jefferson, the action
Of President Jackson, and to that Of the
Senate in expuDgipg its resolution OF
censure On him, aud then r~eCapitulatlng
the authorities and prececents for the
Presidents course and policy. he IL
sisted that the presumption or honest IN
tent was clearly made out. he Lnen
considered the position that Congress mas
BY Implication superior power 10 the
Executive, and maintained that no
greater movers were granted IN = 3 way
n the Legislative than to the Executive
branch OF the Government. At this
pofnt the Senate took 3 recess for
ffteen minutes, and on T6esssmbHcg
~ Nelson continued the citation
Of authorities in support oftbe Presiaents
views on the question Of his power o. re-
moval, and proceeded 70 argue I6st .
President hsd the same power TO construe
the acts OF Congress as Congress itself
Again supporting ais views by numerous
quotations. sll the preceding argument,
be held proved the Tenur6-0f Office law
unconstitutional and VOID. He then
elaborated the PROPOSE ION thaC no charge
cau De maintained which does not &hsge
2 criminal intent, which he SAID wss not
done except in the 5th article. 10 the
course Of his remarks he spoke Of the
friendly embrace OF MT. Stanton and
Gen. TDCmas, and the equal division OF
he spoonful OF liquor bebae them, Us
the most remarkable exhibition OF force,
on record, great laughter and while eGlo-
rizipg the honesty and simplicity or zen.
thomas. lie explained bis language 70
Mr. Burleigh a0d others, as caused not
ooIv by pride Of Office, out by the en-
i~iveniog erect II tie good liquor then
consumed, III the appearance or the sup
elemental bottle; end proceeded 70 give
a humorous and saLiTical account or LAs
arrest and su0sequen discharge OF Cen
Thomas. and ~Fidicuiine the idea that any
one believed tnat be designed to use
fg-ce. Passing on to the consideration OF
sna secoad ADD third articles, he adopted
toe statements in t1s Presidents a0sTert
ne said, ns O sufficient reply 10 toenl.
WITT, r-Esrd 70 the fourth article, Wlacb
casfgesA conspiracy 20 obtain possessl9h
OF the War Ghice, sy naturalization snc
t1reats, he claimed It was not csusec D.
the act Of 1861, which, It was deemed
had been violated. The aft ArucIe,
alleging tha intended employment o.
frgs, is held, was not supported % tGe
Fssrm0pV. The sixth, IN which b vioia-
Lion Of tas teEGTs Of ctiice law IS also
aIip-cd. lad been disposed Of by the
4 Constitutional Attorney Of that law.
The Seventh Article was passed over
1 with the denial that the Presidents oath
of Office vas violated by the otte1se
charged. The Eighth Article he met by
the argument that the alleged endeaYor
10 OBTAIN possession Of the monies OF the
War Department, even Il made, was not
/ Fg violation Of the Civil Tenure Law as
stated. With reference to the Ninth
Article, be held that the President was
10 the line Of his duty when confer
ing with General Emory shout
the dispUsitiou OF the forces, and that GO
eviGevce whatever had been sdduced to
prove that ms purpose IN taat interview
Considering the tenth article be
claimed tha5 it was based on the prlu-
| cip.es which undsrlis the seditiOD law,
| which ever since its passage had SUNK
in the rbSlriis Of the people. he held
Ethat the President hsd but followed the
examyle Of certain members of Con-
Ecess ia disregarJlEg the amenities o.
] EXPRESSION, and was eXcusaoie Tor usln2
| strong language in reply to the ABUSE
when had been beaped upon him.
Mr., Nelson Insisted that the preserva'
ton OF the right OF freedom Of speech
was indispensable TO maintain our Hosr-
ties.
After q brief consideration of the
eleventh article, which he said was sui1'
GENTLY answered by his remarks
c~oueerning the preceding article
he referred to the charges OF Boutwell,
that the President wished to control the
elections in the Southern States, snt
asked how that could be possible witt
the officers designated by Congress, ex'
ercisiug control over all that region. IL
conclusion he reminded the Senate tina
cobhscatiOn has usually followed the ex
ercise of revolutionary or unconstitution'
al power in the deposiDg OF the KING
ana rulers OF the people, and implied
them to so perform The high duties nov
deyolving upon thsm, as to merit tdt
approbatlon OF their c~Onscleuces, thell
countrymen and their Goo.
The Court and Senate adjourned.