Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-24

and to these ends first, that through the
sction OF the Senate of the United States
it is the absolute duty Of the President 70
substitute person in the place of Stanton
"a one of his advi sers and as a principal
subordinate officer, whose official condnct
he was responsible for and had lawful
right to control, might be accomplished
without the necessity of raising any one of
the questions aforesaid second, if this duty
could not be performed, then the questions,
or such of them as might possibly arise,
should be iudieially determined ia the
manner aforesaid, and for no other pur-
pose. This respondent, as President of the
Z. s, on the 18th day Of. August, 1867
seven days after the reception of the letter
of said Stanton, herein before stated, did
issue to saidlStantOn, the following order
Here follows the Presidents order re-
moving Stanton and appointing Grant, and
Stanton's reply. This respondent, an
swering, says, it is provided in and by the
section Of an act to regulate the tenure of
certain civil Offices, that the President
may suspend an officer from the
performance of the duties of the Office
held by him for certain causes designated
until the next meeting of the Senate, I'M
til the cause shall be acted on by the SEN
ate. That this respondent, az President of
the United States, was advised, he verify
believed and believes that the Executive
power of removal from Office conided to
him by the Constitution aforesaid, in
cluded the power of suspension from Of
fee at the pleasure of the President. This
respondent, by order aforesaid, did suspend
said Stanton from Office not until the next
meeting of the Senate, or until the Senate
have acted upon the case, but by force Of
the power and authority vested in him by
the Constitution and laws of the United
States, indefinitely and at the pleasure of
the President, the order aforesaid was
made known to the Senate on the 18th day
of December, 1867, as will be most fully
herei natter stated.
This is all of the Presidents answer re-
ceived up to the hour of going TO press,
4 o'clock
The reading of the answer occupied one
hour and half.
Mr. Boutwell,, on behalf of the managers,
requested copy of the answer, and said it
was their expectation to present their reply
tomorrow at ten o'clock.
Mr.. Evarts then addressed the court in
relation to the period of time to be allowed
the respondent, after the application is
filed, before the trial is TO proceed. He
said the Presidents counsel had been zoo
fully occupied with the preparation of his
answer to make any preparation whatever
CO.. The friol and t1,axy fharafnra a
that the court allow the President and his
counsel thirty days from the date of the
application to prepare for the trial.
A motion, in writing, to that effect was
presented and read by the Secretary.
Mr.. Howard moved it lie on the table
until after application is filed, but with
drew it on Mr.. Bingham's announcement
that the managers were ready to express
their opinion on the application.
Mr.. Logan, on behalf of the managers,
said they should oppose it, because there
was no reason offered for the delay, except
that the Presidents counsel needed time.
He said they had had as much time as the
managers, and some other reasons should
be given, as there had been appica
tions for delay made in former trials of i'm
parchment, when it was always stated on
oath that time was needed to produce dis
tant witnesses, etc. No such cause was al
legged or shown, and the rule adopted by
the Senate required the trial to proceed,
and unless cause for delay was shown the
managers insisted that no more time
should be taken than was absolutely neces-
sary for the trial of the case No more
time should be granted to the President
than TO the meanest man. AT the expira-
tion of the thirty days application might be
made for further delay to send for Wit
nesses; perhaps to Sitka. Material reasons
for delay should be assigned now.f8
Mr.. Eyarts called the attention of the
court to the fact that the Presidents eoun-
sci had been allowed only eight working
days in which to prepare their answer,
and said it was. not anlanswer; to tlieir,pres.
ent application that equal haste would be
necessary en- the part of the managers as
on the part of themselves their position
was not similar, the managers had enjoyed
peculinr facilities for summoning and ex-
aiming witnesses; the President had public
duties which employed much of his time.
The counsel asked no more in this case for
the President than they wouid for the
poorest criminal; if unforeseen circum-
stances should arise requiring delay for
witnesses for either side, it should be the
duty of the court to grant it.
Mr.. Wilson announced the determination
of the managers to resist all unnecessary
delay. The first step taken by the counsel
on the 18th was in the violation of the
precedents of former impeachment trials.
In the case Of Judge Chase, the respondent
had asked for eleven months delay, sup
porting his application by a sworn state
ment, only thirty days were granted, and
yet preparations were so perfect as to Sc
o,,ro III aoorfttoI