Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-02
LATEST KILOGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
Conclusion of Mr.. EVartS Speech
MIR. Stanbery'S Argument.
CONGRESSIONAL PROCEEDINGS.

CONGRESSIONAL PkOCEEDANNS'
Senate.
WASHINGTON, May 1.-Mr. Evarts |
commenced with an apology for having so
long occupied the time and attention OF |
he Senate, saving he would claim their |
INDULGENCE but a little while longer, and |
proceeded to consider the power of the |
President to fill vacancies under the acts Of |
1892, 1895 and 1896. He admitted the act |
of 1868 limited the choice for the appoints
ment of Secretaries ad interim on certain
cases TO the heads of other departments,
hut he argued that under the act Of 1898,
which allowed him to choose for all
officers employed in the department,
the President had full warrant for the
appointment of Gen. Thomas, who was
then Adiutant General Referring to
action of Mr.. Lincoln in appointing an al
interim successor to Mr.. Blair, Postmaster
General, he said the appointment was made
under authority implied by the acts of
| 1892 and 1895, which did not relate to the
| Postoflice Department at all. He asked
| WHY that conduct was not considered an
| impeaChable Ofeuse? He then maintained
| il made no difference, either in theory or
practice of government, whether the tenn
porary appointments were made during
session or a recess of the Senate, and in
| stanced the four examples of Nelson in
| 1864, Scott in 1850, and Kelly and Holt in
| 1861, as ample warrant for his assertion.
| Passing to the first article he said he could
| consider at the outset the nature of the
positions occupied by the members OF the
| Cabinet He would not again refer to the
| opinions Of Mr.. Boutwell,, except to say he
might name three more Senators before
| him who would share with the others what
he had mentioned upon such positions by
the honorable Manager. He then read an
address to MIR Lincoln, signed by thirty
Senators, written in 1862 to urge the re-
moval Of Mr.. Blair, so as to secure the
harmonious action Of the opinions therein
expressed by fifteen Senators, now present.
on the subject of Cabinet relations. He,
Mir. Eyarts, fully Endorsed it. He further
quoted from the speeches Of Mr.. Sherman
and others, sin the debate on the pas
sage of the tenure of Office Dill, and
from the report of the Committee OF
Conference various expressions and argu-
ments, which uncontradicted opinions and
explanations he claimed were accepted as
proper INTERPRETATIONS of the bill as acted
upon by the President. He held it would
be monstrous to convict the President OF
crime by some voices which gave uherance
to or concurred in these authOritive decla-
nations; that the bill did not reach or al
feet the relations between Mr.. Stanton and
the President. He also read from the re-
mort of Messrs. Schenck and Williams on
The subject, which he claims had bound
f the House to the same conclusion az the
Senate: the argument of Mr.. Boutwell, that
the practice had always been to send in the
names of the appointed before making re-
moyal, he meant by the demonstrations
removals are made, not because the inCum-
bents are unfit, but because political favor
ties are to be rewarded. In instances OF
, | removal of Cabinet officers there were only
two, for the simple reason that polite
| hint is usually sufficient to induce reslg-
, | nation. He then referred to instances Of
> | removals of various officers during the SEES
, sion of the Senate which have been put If
/ | evidence, and went on 10 argue the neces
. sity for the existence of such power, II
some cases where delay would lead to dis
astrous consequences. He alluded to tht
confessions in Mr.. Buffers speech, that
{ the President had properly notified thu
|
| not probably have been considered a
' | ground for impeachment, lie said there wa
no punishment provided in law for at
, tempts TO remove. As for the articles to ap
: point, aud also that as for the articles nov
= here charged the removal, was no 10
\ dictabe or impeachable Otfense commit
= ted by the attempt to remove Mr. stanton
He maintained no tenure OF office coul'
be given bv legislation for any longer tim
e than for which the officer is appointed
n and applying this doctrine to the case o
e Mr. Stanton, argued that ne was not ap
e pointed. but held his office by sutieranc
! from the President, and therefore could 10
T. in any case be affected by the case ii
question. In reference to the argumen
d that if Stanton is protected by the provis
, he is by the section, he said we must speal
= officer and not man. IL this office l
covered by the section we are led to tn
absurdity of admitting that its tenure cal
% be-. made perpetual, If successive Sena
1t tors adhere to the same views, but IT tn
= law il susceptible of two constructions, h
e had the Managers authority for Claimin
a that il would be abhorrent to a sense {
l. Justice to convict the President. h
/. further argued that there was no attemp
d to violate the right of Mr.. Stanton to hOl
o his Office, but merely to withdraw tn
n tenure which he held at the pleasure of til
d President. He also briefly reviewed To
I'd evidence and ridiculed its insufhciency q
u instanced in the testimony of kassner, tn
j. solitary witness to prove the attempte
coup de etat. Mr.. Eyarts then reminde
the Senators that they must treat eaC
article separately, without any reterenc
to character or force of the others. ii
closed with an eloquent speech, invokln
the calm consideration and impartial Jus
, tice which would have been worthy {
successors of the great men who first dig
nifed the Senatorial halls. Recess.
g On re-assembling Mr.. Stanberry ros'
n and after few Introductory remarks,
b. which he referred to the feeble state OF hl
health, but said he felt impelled, by an II
n. resistible impulse, to lift his voice IN
8. inst cause. and proceeded with his argU
III ment. He said Mr.. Chief Justice an
Senators It's the habit Of the advocate
magnify his case, but this case speaks 70
itself for the first time in our political ez
istence. The three great departments {
the government are brought upon tn
acene together. The House Of Represer
tstives as the accusor, the President Of tn
United States as the accused, the Jud
ciary Department, by its head, in the pei
son of the Chief Justice and the Senat
of the United States as the tribunal, t
hear the accusation and defense, an
to render the final Judgment. tn
constitution has anticipated that a rem
edy to such an extent as thi
7, might be necessary even in the highest off
Ger of the Government. 1t was seen that
was a dangerous power to give one de
u partment to be used against another Dc
~ partment, yet it was anticipated that a
3 emergency might arise in which nOthin
but such a power could be eaectual to pre-
VI serve the Republic. Happily, for the eight
years Of our political existence which hay
passed, no such emergency has arlsen.-
During that time we have witnessed terc
contests of party again and again, eXecr
tive and legislative departments hay
often been in bitter antagOnism, and iavoi
49, tie legislative policy has more tina
\ once been defeated By obstinate an
7e determined resistance by the Presider
r upon the same ground, and most impor
III tant issues that are, have, ever have Q
ever likely 10 have. the Presidents polls