The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-11

Fist, that it is Unconstitutional; second tina
| it does not apply TO himself; and third, that j
It be law he is able to maintain his case un
der it SO long as the Tenure of Office law affect
ed unimportant matters. The President avoid
ed conflict with it, but when proper occa
sion arose he asserted his own views withou
being prejudiced by former action in regard t.
lesser and unimportant matters. The chang
made in the form of a commission does no
state or tend to determine where the power o
removal is lodged. but merely acknowledges II
as existing somewhere by virtue of the law.
At this point Mr.. Curtis begged permission
{ to suspend his remarks until tomorrow as nc
was greatly fatgued, and the Court ADJOURNED
accordingly at 345, and the Senate went INTO
executive session.
HousP.-Mr. Chandler offered the following,
which was referred to the Commlttee On fof-
eign Affairs: -,
the dntv of this Government to take prompt
and vigorous measures to reconcile the nations
of South America now at war.
Resolpea, That the President of the United
States be requested to appoint special mission
to Brozil, Bolivia, Uruguay and Paraguay for
this purpose. -- -.
Mr.. Shanks introduced bill to amend the
2lst section of the bill to enroll the national
forces so as to modify the provision dis
tranchising deserters. Referred to the Judici-
airy Committee.
The House then proceeded to the Senate
Chamber as usual.
WASHINGTON April 10.-SENATE.-Mr. Cur
It's resumed his argument and commenced by
referring to statement made by Mr.. Butler
that the Presidents letter to the Secretary Of
the Treasury, notifying him of the suspension
of Mr.. Stanton, claimed no justification of his
| authority under the Constitution. He read
the letter and claimed that it did specify under
| what authority the President acted. The
| charges made in the second article were then
discussed by Mr.. Curtis, who proceeded to ar
| que that Mr.. Stanton did not come within the
provisions of the section alleged to be violated
| He said that the first two sections of the ten
ure of Office act referred to removal and sus-
pension arising from any cause during recess
of the Senate; but the third section applies
| only to vacancies caused by death resigna-
ton. The penalties prescribed in the fifth Sec
| ton Were directed solely against violations OF
the third section. The present case, he claim
ed, was outside OF its provisions, but, said Mr..
| Curtis, the main charge of this article is that
the letter of authority was given without au-
shority of law. Reading the act of 1895 he
claimed that it applied to vacancies of all
kinds, and the act of Feb. 20, 1863 applied to
vacancies arising from sickness and temporary
former, under which the President had full
authority for the act referred to. -
In reply to the charge made in the third ar
tice. that the designation of Gen. Thomas as
Secretary ad interim in violation of the .
Constitution, Mr.. Curtis cited the acts of 1892 I
and Others, which authorizes the temporary fill
ing of vacancies without making any deslnc-
ton between vacancies occurring during recess
or when the Senate is in session, and said that
<h, ,f fl,ar had haan
form in filing vacancies as soon as they &C.
CURED. He illustrated the frequent necessity
of immediate action on such cases by another
reference to the appointment by Mr.. buchanan
of Mr.. Holt in place of Mr.. Floyd. The Sth
article, MIR. Curtis claimed, was met by his an
swer to. the Sd, and he proceeded to consider the
fourth. it 'i go -
The charge made of appointing Gen. Thomas
without the advice and consent of the Senate
could not be sustained because no appointment
was made. A simple commission to act ad in
term was not an appointment 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 remov-
ing him, and the vacancy could properly be
contemplated by the President at the time of
his writing Gen. Thomas the letter of authority.
Recapitulating his arguments Mr.. Curtis
claimed that he had shown that the managers
could not maintain their charges of a viola
ton of the Constitution and laws, and pro-
ceeded to CONSIDER the various charges of con-
spiracy. For this purpose he said he would
take up the fourth, sixth and fifth and seventh
articles together. The four tn and sixth, which
charges conspiracy between the President and
General Thomas to obtain by force and intimi-
dation possession of the War Office and gov
eminent property are based on the conspiracy |
act, which by its terms, has no application. to |
any person in the District of Columbia, for il |
speaks only of the States and Territories of the |
United States, but it was not necessary to rest |
the answer upon this technical ground. In a |
case of private right no one would deem the |
issue Of authority 10 an agent to assert it a |
sufficient basis tor charge of conspiracy, still
less could it be alleged of public right.
The order was besides based on the assump-
ton of military subordination, and the supe- |
rior and inferior officer to conspre because the |
latter obeyed an order addressed to him by the |
former is impossible. 1t was also impossible |
to show that the President ever did directly or
by implication give Gen. Thomas authority to |
use force or intimidation. The fifth and sew |
enth articles would be answered by his argu-
ing against the tenth.
Mr.. Curtis then claimed that the charge |
made in the ninth article not only failed of |
proof but was absolutely disproved by the tes- |
= n II
;, oy " ga - "no So W. p w
nn;,;o. GIN $3.50" oat 'ns e .sa. ~.
u pppN'!1n "ou Sppea: III Piooi ina. VIC
d;esrant rnrnaoe frora ,ba, ai,anad ~ ~ 49,;
- -. - -. IA ' -
~ II 80. -. " .ne .eA'" IT,
H; : Sul'lI VEN .a'o '"e ques'.In " "na'
are iinpeseiaote onences. ne "ouio cioe vsA
'ne eai u 'Ae SENATE WIN peeceuehts iio.h tne
e - Ses,;.: s ~ ~; ~ '. e. Fl '...l'n
" tne oohs'i'u'ioh VI Tue Ciiiteu otates' "hose
trainers knew quite as mach as the men VINO
nved IN the time OF the flantagenets ana mad |
made this subject SO clear as to require re- |
search beyond them. The language of the |
Constitution was to allow impeachment for |
treason, bribery and other such crimes and mis- |
den,eanors- which other b;ob cr;n,as and ,nis-
de,,oanors 49, ha aonoI,,, araa,o &c.
H.s:.sa So
against 'iie oni'eu ota.es' ior .he liesiuent ~
elsewhere empowered to pardon all offences |
against the United States except In cases OF i'm
parchment, 4ere ~ s.s-,.--sz-.-s.-s |
He recited the various provisions relating to |
tho tr,al Of ;mnoacbment and cla;med that II |
. .ns 81 ,s -. .n;. .n;L.aI 80. s.
was iuiiy SHOWN eii"e '"is fiouhai was cons.i-
tuteo ior sucn purposes; Court Douno oy
law, and was not law unto itself. 1t it were |
not so there would be no provision forbidding |
the passage of bills of attainder. nor would |
Senators before assuming the character of |
Jndres he r.on;re6 m t,La an oo,bCto oboy tho |
Tas,;,,.;o,, IL ~ "'' '"''-'o '''o
oon ns anu INC laws ST.
Inc complain. mace IN tne tentn article is
that the President spoke dlsrespecttully OF Con-