Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-15

y
Mr. Curtis said the sounsri nad been 50 In
formed.
Tie Executive clerk. Gen. CLARK. was then
sworn, and produced the nOminstton OF Thos.
Ewing, of Ohio, for Secretary OF War, made on
Fsh u IN ? q.
MI Curtis next put in evidence a copy Of
the message Of the President . the Senats on
the sIth OF February. He had the printsd
copy. - = -, -,
messake was seIt after the President had
| uyss.
Mr.. Curtis said 1t would b. remembered that
u.e Honorable Mana.eS put in yidence a copy
OF resolve OF the Senate to which the message
y an answer. The question IL whethcr The
sehA,e, aiter allowing the Hon. Managers %
nu' ne LesoINs IN evidence, VIII refuse 70 allow
the answer 70 be put in.
MT butler said the geu tlsman was arguing
IRON the seed OF prejudice, not law. HE asked
~hen sho " MMeere criminal had been allowed
70 put ~ lis declaration after he had teen in
dieted Dd the counsel dare TO ask 70 do mis-
thing
Mr.. Evarts said the counsel were no, in ,h.
hSOt Of considering "dSres" ia thelr present
disputations. They were only considering
their duty in the case. ON the rules cf prae,,ce
in laws and evidence, the counsel might claim
some superiority but on the question OF daranr
never. The counsel submitted that on every
principle OF law and Of discretion the message
Of the President should be allowed 10 be Rad
Mr.. Butler simply desired 10 state that none
OF the counsel had yet shown any legal reason
why he message should be put an. The Mana
gers had put in the resolve of the Senate 10
show that after that resolve was served on the
President on the night Of February 2ist, the
President siIll wen on IN 1ecognizine Lorenzo
lhomas as Secretary Of War, admitting him
TO his Cabinet, and was determined in his yio-
lation Of law. They could not admit that afisr
the President had been impeached that one
ounce oflawful action of his should be put an
The Chief Justice suggested that coussei put
TINS motion TO offer the message N evidence in
writing.
The Managers meantime sent the Clerk OF
the House 10 ascertain from the journal, the
date OF the Impeachment resolution as IL passed
the House. After hve minutes the Clerk, Mr.
, McPbe. son returned and Mr.. Butler stated
that after the exami iua alton they found the state
OF the case was IN Is, that the resol ution Of Inn
peachment was introduced on the 2lst Feb
debated until Monday the cath, when the vote
taken.
Mr.. Evarts.-At5x O'Clock on the afternoon.
Is there any further obiectionl
Mr.. Manager Bingham said that on the
night OF February 2l, the Senate, by solemn re-
solve, declared that under the Constitution sno
laws Of the United States the President had
no right 70 make the removal OF appointment
in the War Office. This action of the Senate
had been given in by the prosecution, and then
the case was closed; Alter presen tment had
tually IN custody and could not escape from
the people II be has fed 10 the uttermosf PARTS
OF the earth. Yet three days after his com mis-
sion OF this crime, and two days after hrs
presentment he enters upon a vindicatIon
OF the defiance Of the Constitution, OF the laws,
! OF the Senate, and OF the people, by send
declaration of the criminal after the fact
and he claims that there was no
law by which criminal. after the fact, could
vindic2te himself either by sending a message
TO the Senats or by addressing the mob Itis a
declaration after the fact OF criminal in his
own defense. Three days after the fact he vol
unteers this declaration before this tribunal Tor
the purpose Of exculpating himself This
message repeats the declarations Of third per-
sons, whom he chooses TO call his constitutional
advisers, and the Senate is asked to admit the
declaration Of third pei sons in evidence. He
! (Mr. Bingham) would say 10 the President
and his counsel that ne hsd. no right 10
shelter himself from violation Of the laws by
bringing ln the ad vice OF HE constitutional ad-
! visers. There is no excuse lOr this attempt.
ana he challenged the counsel 10 produce the
Z record of any court where these declarations
! Of the fact have been allowed in evidence
Mr.. Evarts said the gentleman had said that
there was no excuse for the action of the coun .
| sci and the President in the attempt, and thar
! II was outside OF the law. We do not take our
1 law
/ Mr.. Bingham here interrupted TO say that
the counsel had misunderstood his remarss
Mr.. Evsrts said n all amounted 10 the same
4 tnlng. Every thing that the counsel said-eyery-
/ thing that they attempted 10 prove was de-
I nounced as outside Of all law, and all prece-
dent OF II did not happen TO suit the partc ular
l ideas OF the Managers. He would ask under
what authority of law the resolve of the
Senate was put in. What would be said of
]
magistrate TO prisoner 10 be put in
and refuse TO allow the reply of the trisOp~T
! This resolve OF the Senate was not received by
! the Senate until eleven o'clrck Friday night
| The Senate was not in session but an hour on
| Saturday, and the answer of the President was
sent in on Monday. The President was NOT
| impeached until five o'clock, and the simile of
has being prisoner fell TO the ground
Mr.. Bingham desired once for all 10 say that
| ne had not said, and did not mean 10 say thar
| the President or his counsel had not the right
| 10 make defence. He did cay, however that
the President should have no more right than
any other individual, and that he should not
nave the power 10 come in here and manufsc-
ture testimony introducing the declarstion of
third persons. The point had been skillfully
eNaded by the learned counsel. He repeated
that there was no excuse Tor the President of
the United States. impeac he'd for high crimes
and proved guilty by tis own written cou.,s-
sion, TO the salts faction of every anprejudiced
mind in and out of the Senate proved guilty OF
violation Of the laws before the whole
people OF the country, 10 attempt three
Gays afier 10 manufacture testimony
| for his defence. The President is withon,
excuse before the Sena te and before the paonIs
for his continued violation OF me laws aud re-
fusing TO transact the business Of the War De-
Par,ment tnrongh Mr Stanton. After defying
The Senate and defying the American people
he comes IN here with his written testimony
which Is no better than his oral testimony
Inc Chlef Justice stated that tins was most
dimcult question. The resolve of the Senate
was communicated to the President on Friday
night and he sent IN his message on Monday
II uOc> nOt dppear 10 the Chief j Justice thai the
resolve of the Senate cal.ed for any answsr
and the message Of the President was therefore
a communication in the ardinary form, Tn.
oplEion OF The Chief Justice was. therefore that
the message should not be read in evidence but
he would submit the question to the Senats II
any Senator desired IL
No Senator made the application for the
question 10 be put.
Mr.. Gurus then read the various lists Of an
pointments made under acts of Congress and
the regulations governing the appointments
They did not desire 10 put this in exactly as
evidence.
Mr.. Butler said there was one imnortsn,
column missing, TO show whether the removals
and appointments Were made during the
session OF the Senate or during the recess
Mr.. Curtis said il did not propose 10 do that
but merely 10 give the statutory provisions in
regard 10 tenure-of-ofice.
Mr.. Butler said il was prepared a. the Ad-
Jutant Generals ON ce, and he had not 60 much
confidence in what emanated from that Once
He might II IL came from the Attorney Gen
erals Office, but IL il was prepared by the As
| sIstant Attorney General, Mr.. Binekley, he
should look over IL very carefully.
After further discussion bet tween the counsel
the paper was ordered TO be printed as a part
of the proceedings, on motion OF Mr.. Senator
Trumbull.
Mr.. Curtis submitted in evidence the officiai
correspondence and proceedings attending the
removal of Mr.. Pickering. Secretary OF State
oy President Adams, the same in Substance as
was put in by the Managers.
The Court al 2:l5, took a recess.