The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-30
XLth CONGRESS---Seeond Session

XLth CONGRESS---Seeond Session.
WASHINGTON, April %.
HOUSE
Mr.. StsTens offered . resolntion that I've
hundred copies Of the Constitutions Of South
Carolina and Arkansas be printed for the use
of the House. Referred to the Printing
Committee.
The House then proceeded to the Senate
chamber.
Mr.. Sumner offered . resolution that Mr..
Nelson having used improper language in this
tribnnAl cAlcnlatsd TO provoke . duel. disrs-
spectfal TO ths Court
Mr.. Sherman objected to the consideration
Of the resolution.
Mr.. Sunner objected to Mr.. Nelson max.
ing any remarks or alta reta in the matter,
except in explanation, but the Senate allowed
him TO read : portion Of letter bearing on
the question OF dates.
Mr.. Nelson then presented what purportsd
to be An original letter, signed By Messrs.
Butler, Logan and Garfield, dated March 3;
also, letter to the President BY Channcey
Black, dated March 10, inclosing . copy, with
additional signatures.
Mr.. Cameron offered an order for night
sessions, which went over.
Mr. Evarts then resumed bis argument.
He fEvsr4sl assumed il 70 be alFeady shown
that this tribunal is court, and shst the
President is to be tried only ON charges sup
ported by law and evidence, and by common
fame. He said much that had been elabo.
rAtely advanced by the managers must fall to
the ground. So must the articles based on
charges which had repeatedly been rejected
g fair grounds for impeachment. he refer
red to the conduct Of the case By the prose-
cution ~ similar TO the practice Of the Chi
nese, who make great noise in the vicinity
OF an object 70 be attacked. He then con-
sidered Mr.. Boutsell's definition of impeach-
able oGsnses, AID argued q length that no
action could b % construed which did not
proceed from malice and evil intentions.
Mr.. Evarts held thAt the best way to de-
tsfmins the natnrs Of o6snses which mar Be-
deemed high crimes and misdemeanoss, Il %
consider the punishment prescribed for them.
he referred to the ephithets spplied By the
Managers, to the punishment, to the deposi.
tions, and in forcible terms described the
character and magnitude Of the disgrace
which such punishmept involves. He claim.
ca tuhk tuS uGoGIlPetOu Vi pCuuiAGB pIOY10SQ
for in the Tennre-of- office law for its infrac-
oifense maximum but no minimum Of
punishment is provided; 30 in the discretion
Of the court before whom the indictment
should be tried, the offender could be let o6
with 6ne Of nix cents and imprisonment Of
one day. Mr.. EvArts considered the general
debates on tho bill, and proposed TO prove
that the ofense charged waa not made or 70
be considered penal, hat more of : political
nature. He then argued that even II the the
removal Of Stanton had been actually effected
DO change in the relations Of the War De-
partment TO the rest Of the Government would
have ensued, and that the mere act could
not be considered dangerous 10 the prhiic
safety. On the contrary, il would have been
beneficial to il, because the relations ex-
istine between the President and NJ. etan-
ton, were preiudicial to proper working OF
the Government. Hence, it resulted that the
crime consisted in the technical infraction OF
the law, if j. 20 shall be held. de then
briefly considered the question Of what was
meant by unconstitutional Law, and said 1t
late provisions of such mere piece of paper.
He claimed no greater right for the Presi.
dent, than for private individuals TO
test the consti,uiionality OF tie
statute. The President made & proper
removal v.tloI. force and violence in order
20 assert his right to act under the Consitu-
tian, which, as he believed. was violated by
the law in question. Against the assertion
that formal violations are impeachable, with.
out reference TO the intention, be cited au-
thority, and argued at some length that the
principles Of common sense were applied to
any such views.
At this hour the court took recess.
On reassembfng M. Esarts expressed his
aarpriss n the Managers denunciation of
those Who peacefully resisted laws which
they believed unconstitutional. 1t was the
duty of every ministerial offs TO raise q
question in favor of the Constitution, and in
the highest degree it was the duty of the
special defender of the Constitution. He
referred to the case of Newell aaainst the
Auditor of the State of New York. in which
the latter successfully resisted the issue of
loan of six millions Of dollars; also TO the
New York law imposing tar on brokers'
void BY the Q. s. Supreme Court, and to the
action of Mr.. Lincoln in suspending Aabess
corpus in Florida, causing the arrest OF the
MARYLAND Legislature, and creating . mill
tafy commission in . time Of peace. Con-
gress, By indorsng all these acts, confirmed
the doctrine that the motive must be consid-
cred, and that tbs mere iufraction of law was
rot in itself ground for the punishment
suggested by Mr.. Boutwell, a. proper for
the President Mr.. Evarts then iook up
the subject Of the position and powers Of
the President, and held that he Vas the
direct representafive af the people who
elected him, and for whom he held his pow
srs 10 trust.