Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-23
NEWS BY TELEGRAPH,
To Ohio Statesman.
IMPEACHMENT.
WASHINGTON, April 81
SENATE.

and counsel for the President leave to file
written or printed arguments before the
trial commences Tomorrow.
Mr.. VICKERS offered an amendment
proposing to allow such Of the managers as
are not authorized to speak to file written
or printed arguments or make trial ad-
dresses, and the counsel for the President
to alternate with them in so doing.
Mr.. CURTIS stated that Mr.. Stanbery's
indisposition was such that it would be i'm
practicable tor him to take any further part
in the proceedings.
The substitute was agreed to by vote
of 26 against 20.
The order as amended was then lost 81
to &c.
Mr.. STEVENS inquired if there was any
impropriety in the managers publishing
short arguments.
1t was finally agreed that as many mana
gers and counsel for the President as desir-
ed should be allowed to file written argu-
ments or address the Senate orally, provi-
ded the final oral argument be made by one
person only.
After considerable debate as to closing
speeches.
Mr.. TRIMBALL moved the following:
Ordered, That as many of the managers
and of the counsel for the President as de-
sire to do so be permitted to file arguments
or address the Senate orally.
Substitute agreed to.
Senator Buckalew moved to amend the
substitute by adding to the following
words: "But the concluding oral arguments
shall be made by one manager, as provided
by the 21st rule"
Various other amendments were offered
but were voted down.
Finally. after nearly two hours spent in
attempts to settle the question, the substi.
tute offered by Mr.. Trumbull, as amended,
on motion of Mr.. Buckalew, was adopted
instead of the original order.
Mr.. BOUTWELL,, at 10 minutes before
O'Clock, addressed the Senate:
Mr.. President and Senators You may
now anticipate the speedy conclusion of
your arduous labors. The importance of
this occasion is due to the uneXampled
circumstance that this trial is that of the
Chief Magistrate of the principal republic
of the world. and its solemnity is due to
the circumstance that this trial is new
test of national virtue and the strength of
popular government. The object of this
proceeding is not the punishment of the
offender but the safety of the State. AS
the daily life of wise or just Magistrate
is an example for good, so the conviction
of an unfaithful officer is a warning to all
men,,
The issues between the House and the
President are technical and limited, but we
have met them and maintained them by
conclusive evidence, and your final action
involves and settles questions of public
policy of greater magnitude than have
been considered in the political or judicial
proceedings of the country since the adop-
tion OF the Constitution.
He then proceeded to discuss the claim
of the President of the power to remove,
at all times, of all executive officers. This
claim has never before been asserted, and
surely not been sanctioned, and no law
justifies it. If sanctioned this claim strips
Z ha TO ,,f oil in
pointments, and clothes the President with
power to remove every one refusing to be
his instrument.
Mr.. Boutwell, then instanced the effect of
such power, such as the removal of all 10y
al and patriotic officers of the army and
navy, and in effect vitiating the fidelity of
all branches OF the public service. The
constitutional power of the President and
Senate were first considered. An exam
ination of the Constitution, he contend ed,
shows that the Executive and Judicial De-
partments have no inherent right by which
they are enabled to perform their func-
tions, while the legislative department is
clothed with authority to make all laws
necessary to carry into execution all pow
ers vested by the Constitution in the Gov
ernment or any Department or officer
thereof.
The legislative department has original
power from the Constitution, while the ex-
ecutive and judicial departments are con-
stantly dependent upon the legislative de-
9es paaInien'' SuoIaLohs "ele ulaue iloui Ei
ul.eIehG auCnDllIles III suppoL. VI Cnls
PONY. II tne Iresluent, ny inplica.lon or
construcCi @ 0 assumes auCuorlCy noC gIanC-
his oath of office, and it is in his province,
in the execution of the laws, to consider
whether they are constitutional.
The crime of the President is that he has
violated law, and in his defence no inqui-
ry can be made whether the law is consti-
tutional. There can be no inquiry by the
tribunal whether the tenure of. office act is
land, binding upon all officers and depart
ments of the Government. 1t was the duty
of the President to execute, and upon his
own answer, by repeated official confess
sions and admissions, he Intentionally, will
fully and deliberately set aside and Vio-
lated it.
Mr.. BOUTWELL, mentioned that no
erned by his own opinions OF the constitu-
tionality or eXpediency of the law. Ii the
President may refuse to execute law, be-
cause IN MS opinion IL Is UNCONSTITUTIONAL,
Cnen ne anu an M, MS SUCCESSORS may - REUSE 70
execute an ,a"S no! sancIioiieu oy !lie Eu-
pIeniS CoulU. ...iSt Ia. inS ~ iasnO W ~
InCo .1e consIiCa.iuuaC Sl ~ law, Uno
rIesiuenC cahnoG pleau PuitIy Vi Ho'lVe W
IeIu!e niS own tn5 at .I Iiia' ne LAS III
IenSionaily mh u,oisteu s .h tpao ;d. law. .L..;
Inc aVowai on Iae fresluenS @ t1aS ms 90.
ypcG IN NloiaClng tie tenure vi ONCE aGI
was 10 ReC ~ lnto Sle courts was CONSUL
ereu, ana bouGWeil Gharaeterizea sucn
proceeolng as crl9llnai, anu as sysIelnaC.
~ dS.Sps " ts '.,v 1870 e .ho
uS ineo tne VI .nS
Rnt the assertion that the president de-.
nuC Vne asseltloI tt ttaS .io i. s,.us ue-
sdreu ~ tesI Iue la'tGi tb;s III t; was
M Lex, as up & W. 'tS IT,, Si"b b hH Hi,, iea, al
tSdtt diraat;o Ua noua- G.s;rnad 80
.a. ena' Iiheo',Gmi ;h+a " ,ba oonst u;o yO
h; etse his in's ~ +ha un0 sioas SUI. =. is ths
Gyn+ oGoyoS was fo W ,,rnosas sn of cnrrnnt;on ~ IU h1,
iOi pOcCS vi Oy