The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-04-15
IMPEACH Nj ENT.
WAsnINaroN. Anil Q. la6S.


President were also present. At IBIS the
members of the House of Representative
entered in larger numbers than on recent
occasions.
Mr.. Curtis then rose and commenced the
opening argument for the defense. Allud-
inc 10 the character of the trial aud the
oath tasen hy Seniors IN their capacity OF
iudges. he TCutisl said the only appeal he
should make would be to the conscience and
reason OF every judge, baSing his argument
solely on questions of law and fact. lie
intimated that be would subsequently com-
bat the position taken by the ,nanagors,
that this body was not essentially and IN
tact court, but present would consider
the articles separately in their order and
substance.
The grqyamen Of the charges If the first
article was that of the removal G' Santun,
anl that it was intended to be in violation
of the tenure,0t~ofiica act and the Con5titu
tion. He argued To show that the case OF
Stan. on lid not come within the scope and
provisions of the tenure>o> othce@lct mains
tanning that the description Of bis Office and
its tenure differed materially in section and
provisn. Stanton was appointed by lAncoln
IN 1862 10 hold Office during the term for
which he was elected not to hold during
subsequent term for which he might be elec
ted. 1t could not be said that Mr.. johns
son is ,ervng out the time of Mr., lAncoln.
The term for which IA President is elected is
not absolutely four years, bnt is limited BY
life and ability. His constitiOnal term eX-
nring, the Vice President succeeds to a new
term. which consists OF the remainder OF
the term for which the Vice President was
elected As vol might it be sand that one
sovereign served out the tern. Of another
whom he succeeded There was a purpose
| in the difference Of the phraseology be-
| tween the section aud its proviso.-
| The Constitution authorized the Pres
| ilent to call upon the members OF
| his Cabinet for advice respecting matters
concerning his own Iuties, as well as re-
specting matters connected with their va
rious DEPARTMENTS, and such had been the
inyariable prlciice since the i0uDiatlon of
the Government. They we're the voice and
hands of the President; in them ha was to
repose confidence, and for them he WAS to
be responsible For this reason they were
placed by the tenure of-oiice act in the
/ same position as the President by whom
they were appointed. They were to serve
out his term Of service. but as to others
! holding over, the case was different
! Mr. Curtis proceeded TO show what the
feeling AMI intention of both Houses OF
I Congress was ia the framing and passage OF
| the bill. maintaining that they were in ac
.,nrd with the views he had just expressed
| He quoted from a speech explaining the re-
port Of the COmmttee Of Conference, made
bv Mr.. Schenck; also the speeches OF
Messrs Sherman, Williams and others
in the Senate, in whith they deemed Stan.
ton il office. He reud these not as cX pres
sions Of individual opinion, but as the ex
4 panatlon Of the report OF the Committee Of
Conf renee
Returning to the consideration Of the ar
ticles. he said the sixth section iorbil5 ant
removal contrary to The provisions Of the
act but as Stanton did nft yield, there was
no removal anA if there had been, itwould
not have violated the act, since he had just
shown that Stanton did not cnmo within its
/ provisions. Thn House OF Representative.
charge the President with intentional viola
ton Of this section, which unquastinnaby
admits Of 3ifarent Constructions, bot failed
to prove that he concdrrad in their interpra
tati0n, and then wiltuIy actei IN con IA
vention of it. The first duty Of tho Presi
dent Is to construe an act and decide what
is its true meanng This duty he perform
ed as pro iled by the Constitution, attel
IconsuEtation with his constitutional advisers
and they all put the same construction up
on the act in question as had been assigned
to il by its iramfr:. The case OF Stantof
is of actually holding !figG Under the law
of 1899 without expressly giving the Presl
dent power to remove hun implies i BY
directing what shall be done hy the tresl
dent after a removal y )thlng in the Con
stitution forbids tho exercise Of this p9we
by the President inaepen, snufly Of the son
ate The decision Of Congress in 1880
affirmed by implication that SUCH power VA
granted r. the President by the Cons-itu
ton, and neither suhsequen' legislation uo
amendmcots to the Constitution denied i
The practice Of the Government was also il
conformity to this view Ga tho outoraaI
of civil war. the War Department was i
disloyal hands President Buchanan tal
Floyd he must give ii up, and Floyd ha
too much good sense and something else t
, refuse Wi hout this Immediate acti1H
there is no telling What disastrous con~e
: ouenGes might have ensued.
Having mgled The right Of removal, Mr.
Curtis Proceeded to argue its propriety an
necessity in this case FIe recited the Gil
cumstanoes attending the first corre>per
dence with Stanton and hi4 suspension
and went On 70 claim that there might b
e instances in which the highest patriotism
and duty required a citizen to raise tn
= question Of validity and binding hrce Of
i law. Such w,GIa be the duty Of truste
0 i. the protection Of the rights Of third pal
= ties who were unable to assert them, an
assist them. Such was the duty boby fu
filed by Eamp4en when he opposed IL
payment Of ship money The Pfesider
t took no extreme ground but while believe
d ing it his duty to see that the laws al
a faithfully executed, still, in cases whore
a portion Of his prpfogatives are sought
be invaded, and no one else can raise I'll
: question, he must DO It. Suppose Il Ia
= was passed depriving him OF his power
D.. Commaplcr-in Chief, would it not be h
fl 3uty to oppose it, so as to bring about Il
: ! cision by The courts? 4 power derived /
y implication il as unassalable as one direct
e granted by the Constitution Counsel d
V not conceive it to be essential toFheir ca
to maintain this position. but deem it plait
; y proved,
ir. Cnrtis then enumerated some Of tn
2 considerations which bad Influenced tn
n President, and referred to Story's Coul
q mentaries on the Constitution, and olhe
authorities, to show the rule Of constriC
ton. Practice i the best exponent 81 law
( From 1856 to l7G7, every President an
ev4ry Congress has participated in and act
ed under the construction Of former year.
= namely that the President has sole powe
= OF removal
! The Synat, took recess Of twenty min
{ utes, On reasseinbling Mt $50, Mr.. Moi
rill moved 10 adjourn. Negative 25 to e.
Mr.. Curtis then resumed his argument