The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02
PROCEEDINGS OF THE COURT.
Twenty.eighth Day.
UNITED STATES SENATE CHAMBER, /
WASHINGTON, MAY l, 1868.


Tweuty.eighth Day.
UNITED STATES SENATE CHAMBER,
WASHINGTON, May l, 1868.
The court was opened this morning with the usual
1ormalites in the presence Of an audience that
Indicated an interest well sustained In the proceed
1ngs.
Mr.. EvARTs commenced with an apology for hav-
ing 80 long occupied the time and attention Of the
Senate and, saying that he would claim their indul.
gence but little while longer, proceeded to consider
the power Of the President to fill vacancies under
the acts Of 1892 195 and 1862 He admitted that the
act Of 1853 limited the choice for appoint
ments Of Secretaries ad interim In GER
tain cases to the heads Of other departments;
but he argued that under the act of 1898, which
allowed him to choose from all the officers
employed in the departments, the President had full
warrant for the appointment Of General Thomas
who was then Adjutant General. Referring to the
action Of Mr.. Lincoln in appointing an al interim
successor to Mr.. Blair, Postmaster General he said
that the appointment was made under authority,
only implied Of the acts Of 1892 and 1895, which did
not relate to the Post ONCE Department at all. He
asked why that conduct was not considered an i'm
peachable offence. He then maintained that 1t made
no difference either In the theory practice Of the
government whether the temporary appointments
and instanced the four examples Of Nelson in 1874
Scott In 1850 and Kelly and Holt in 1851 as ample
he said he should consider at the outset the nature Of
the positions occupied by the members OF the Cabi-
net. He would not again refer to the opinions OF
Mr. Boutwell,, except to say that he might name
three more Senators before him VINO would share,
with others, what he had mentioned in the oppr0-
Drium cast upon such positions by the honorable
Managers He then read the address to Lincoln,
signed by thirty Senators, which was written in 1862
monious action. The opinions therein expressed by
fifteen Of the Senators now present on the subject
Of Cabinet relations he tEvarts) fully endorsed He
1Sppfh untah frnm ia
and others In the debate the passage OF the Tenure
OF ONCE bill, and in explanation OF the report of the
arguments, which uncOntradicted opinions and ex-
plantations, he claimed, were accepted as the proper
dent He held that would be monstrOus to convict
the President of crime by the same voices which
gave utterance to or concurred IN these
the relations of Mr.. Stanton and the President
He also read from the report Of Messrs.
Schenck and Williams on the subject, which, he
claimed had bound the House to the same conclu-
sion as the senate. The argument OF Mr. Boutwell,
inss ,Hs n prass ssS s
met by the consideration that removals generally
made, not because the incumbents are unfit, but
stances OF removal Of Cabinet officers are only two,
for the simple reason that polite hint Is usually suf
ce TO aoce e Of vaous ce
During the session of the Senate, which have been
put In evidence, and went ON TO argue the neces.
slty for the existence Of such power OF instant
removal, by several suppositious cases where delay
would lead to disastrous consequences. Abiding to
the concession In Mr. Buffers opening speech that II
the President had properly notified the Senate Of his
intention his action would not probably nave been
deemed ground for impeachment MT Evars SAID
IN re, but in the absence OF sudrtter IN nodo He
characterized the assertion Of Mr.; Routyev that It
made no adherence whether the law was broken
IL constitutional or 15l as desperate attempt to
escape from the force OF the arguments OF coun-
SCI G the s Sn tSe he S Of @
Boutwell, that the President would have been justified
Il he acted with honest intent, in violation OF law,
which was ambiguous or equivocal, and claimed it
was all they needed, after showing as they had done
that the act was fifty characterized by those very
terms Taking up the question OF tn @ s S Sa
said there no punishment provided In the law
for attempts to remove as there YVES for the articles TO
appon: and also that the articles now here charged
che removal Hence there was no indictable or I'M
peachabe offence committed by the attempt TO re-
move Mr.. stanton. He then maintained that no
tenure OF Office could be given by legislation for
any longer term than for which the on,-
Ger is appointed and applying TINS doctrine d 70 sae
pointed but held his Office by suerance OK the Presi
dent from day to day and therefore could not 10 any
case be affected by the law In question. lp reference
60 the argument that IL Mr. Stanton is not protected
by the proviso he Is by the body of the section, ne
said ne must speak OF TIE once ana not Of .ne man
led to the absurity q admitting that Its tenure can
be made perpetual n successive Senates adhere to
constructions he rad the Managers authority Tor
Claiming that It would be abhorreut to the sense OF
that there was no attempt to violate the statutory
right of Mr. stanton to hold his office, but merely
TO Withdraw the tenure which he held at the
Measure of the President. Briefly reviewing the
EVIDENCE nc ridicued It's insu1iciency as nstanced
in the testimony of Karsner the solitary witness to
prove the attempted coup detdt. Mr. Evarts then
reminded the.Senators that they must treat each ar
tcle separately without any reference to the charac
ter force Of the Others and always upon tne pre-
sumption Of entire innocence. Tney must olscard
political considerations Judge OF Mr.. Johnsons sep
arate acts as they would Of Lincoln'S or Oh Grants
lie called attention to the former services OF tne
President and to the circumstances OF his cary ine
and subsequent stormy career which nave made MN
what he Is Referring to his political training, UNI
ninching loyalty in times Of trial aud un-
wavering devotion TO the constitution, when
he made the guide and study OF his lie,
and appealed to the Senate in earnest terms to grant
these considerations the utmost weight TO which
they were entitled Illustrating the universal truth
that unrighteous laws are always eventually righted
of war and by descriptions of the march Of the
national armies, he passed TO the consideration OF
the threatened dangers to the constitution and
closed with an eloquent peroration, invoking the
calm consideration and impartial Justice which would
he worthy OF the successors of the great men who
arst digni1ed the senatorial halls.
A recess was then taken
ARGUMENT OF MIR. sTANBERy.
ON reassombling, Mr.. STANBERY rose and after a
few Introductory remarks, In which ne referred "a
the feeble state of his health but said he felt i'm
PEELED by an irresistible impulse TO lift his voice in
This iust cause aud proceeded with his argument.
Mr. STANBERY opened his argument by referring ia
the magnitude OF the case-one that had brought
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