The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-11
CONGRESSIONAL.
WASHINGTON, April 10.
SENATE.

SEN u IA.
After prayer the chair was vacated
for the Chief Justice and the Court
opened, and the Journal of yesterday
was read. The gallery was about half
filed. General Sherman again occupi-
ed seat on the floor.
Mr.. Curtis, of the counsel for the
President, resumed his opening argu-
ment at fifteen minutes past twelve.
Mr.. Curtis commenced by referring
to the statement made by Mr.. Butler
that the Presidents letter to the Secre-
tary of the Treasury notifying him OF
the suspension of Stanton claimed no
justification of his authority under the
Constitution. He read the letter and
claimed it did specify under what au-
thority the President acted.
The charges made in the second ar
ticle were then discussed by Mr.. Curtis,
who proceeded TO argue that Mr.. Stan
ton did not come within the provisions
of the section alleged to be violated.
He said the first two sections of the
tenure of office act referred to removal
and suspension arising from any cause
during u recess of the Senate: but the
third section applies only TO vacancies
caused by death or resignation. The
penalties prescribed in the fifth section
were directed solely against the viola
ton of the third section.
The present case, he claimed, was out
side of its provision, but said, Mr..
Curtis main charge of this article was
that the letter of authority was given
without authority of law. Reading the
act of 1895 he claimed that il applied 10
vacancies of all kinds aud the act OF
February Goth, 1868, applied to vacan-
cies arising from sickness and temporary
inability and only to that extent re-
pealed the former, under which the
President had full authority for the ac'
referred to. In reply TO the charge
made in the third article that the desig-
nation of General Thomas as Secretary
ad interim was in violation OF
the Constitution. Mr.. Curtis cited
the acts of 1892 and others,
which authorizes the temporary
filling of vacancies without making any
distinction between vacancies occurring
during recess or when the Senate is in
session, and said the practice of the Gev-
eminent had been uniform in filling
VdCduCltb dS bOOu as
He illustrated the frequent necessity
of immediate action in such cases, by
another reference to the appointment
by President Buchanan of Mr.. Holt in
the place of Mr.. Floyd.
The eight article, Mr.. Curtis claimed,
was met by his answer to the third, and
and he proceeded to consider the
fourth. The charge made of appoint
ing Gen. Thomas without the advice of
the Senate, could not be sustained, be-
cause no appointment was made. A
simple commission to act was not an APP
pointment, and could not, of course, be
submitted to the Senate. The allega-
tion that no vacancy then existed, is a
begging of the question. The vacancy was
created as soon as Mr.. Stanton received
the order removing him, and the vacan.
cy could properly be contemplated by
tho President at the time of his writing
to General Thomas letter of authority.
Recapitulating his argument, Mr.
Curtis then claimed that he had shown
that the Managers could not maintain
their charges Of violation of the Con-
situation and laws, and proceeded to
consider the various charges of con-
spiracy. For this purpose he said he
would take up the fourth, sixth, fifth
and seventh articles together. The
fourth aud sixth, which charge con-
spiTacy between the President and Gen.
eTal Thomas to obtain by force and in
timidatisn possession of the War office
and Government property, are based
on the conspiracy act, while, by its
terms, it has no application to any per.
son in the District of Columbia, for il
speaks only of the States and terrific
ries of the United States; but it was
not necessary to rest the answer upon
this technical ground.
In case of private right he would
not deem the use of authority TO assert
it sufficient basis for the charge OF
conspiracy, still less could it be alleged
of public right. Tue srder was based
on the assumption of military subordi-
nation and the superior and inferior Off
GERS to cOuspire because the latter obey
ed the order directed to him BY the
former. 1t was also impossible to show
that the President ever did directly, or
by implication, give General Thomas
authority TO use force or intimidation.
The fifth and seventh articles would he
answered by his argument against the
tenth.
Mr.. Curtis then claimed that the
charge made in the ninth article not
only failed of proof, but was absolutely
dlsproved by the testimony of General
Emory, who swore to having intro
duced the subject to draw out the Pres
iaont. 1t would appear in proof that
the President sent for him for an entire
ly different purpose from that alleged
in the article referred to.
Advancing to the tenth article, Mr..
Curtis went into the question of what
are Improbable offences ~ He would
not vex the ear of the Senate with the
precedents from middle ages, but would
refer to the provisions of the Constitu-
ton of the United States, whose franz
ers knew quite as much as men who
lived in the time of the Plantagonets,
and had made the subject so clear as to
require no research beyond them.
TIE language of the Constitution was
TO allow impeachment for treason, bri-
berry and other high crimes, and INSIDE
meanors must be equally grave offences
against the United States, to be
offences for the President is else
where empowered TO pardon all
offences against the United States
except in cases of impeachmsnt. He
recited various provisions relating
to the trial of impeachment and claim.
ed that 1T was fully shown that this tri-
bnnal was constituted for such purposes
A court was bound by law aud was not
q law in itself. If it were not so
there wOnld be 70 provision forbiddinp
the passage of bills of attainder nor
wOuld Senators, before assuming the
character of Judges to be required to
take an cath to obey the Constitution
and lave.
The complaint made in the tenth ar.
ticle is that the President spoke disre-
spectfnlly of Congress. 1t should have
been said of the dominant majority, but
the charge is brought forward in an ex-
traordinary way, for the grand jury is
one body of Congress and the triers
constitute the other. The spectacle is,
however, that of Congress resolving it
self into a school of manners.
Mr.. Curtis cOmbatted the view put
forward by Dir. Butler that it was i'm
material whether or not the alleged in
uecOrOuS expressions were true He