Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-26
CONGRESSIONAL


WASHINGTON, April 25-The Chief
Justice sisted thst the first business in
arder was the order offered by EdmoBd's
yesterday, to admit official reporters to
report the proceedings on the final con-
siderati0n.
Mr.. Edmoad's, st the suggestion o.
several Senators, moved to postpone it
until MOaCsy.
Drake moved that it be indefinitely
postponed, which was rejected by 20 to
p, and the motion to postpone until
Monday was agreed 70.
Sumner offered two additional rules,
which went over,
Mr.. GrCesbCck then addressed the Sem
ate on the part of the President, and
after Introductory remarks, he pro-
Z ceeded to consider the question,
whether or not the Senate is now
sitting as Il court and said he would not
discuss it in the light Of English prece-
dents, but with reference to u OWn Con
stitution, which 0OuntenaBced neither
the bill Of attaindeT nor irresponsible TIL
buBa,s, to be laws unto themselves. He
then called attention to the fact that the
provisions Of the Constitution as first
drafted, contemplated impeachment for
malpractice and neglect Of duty in Office,
but those since adopted, permit 1t only
for treason, bribery and other high crimes
and misdemeanOrs and then challenged
the proof TO show that during any of the
trials which form our presidents, the
idea that the Senate Was not g court, hal
ever been advanced. He read from the
records Of Teach Of them, and called al
tentiOn to the language in which the
Senate on all those occasions styled itself
the Court. He also quoted Storey and
other authorities to show the judicial
character of the Senate, and the qualif-
cations they must bring to the discharge
of their obligations. 10 reference to their
jurisdiction, he held that the only Ques-
ton for them to decide was that Of crime
or no crime, and further, that no action
could be so considered in connection with
which evil intention was not a part. he
illustrated this proposition by consider.
ing q homicide committed by g mad
man, and said the superstition that the
President should violate the law after
losing his reason and also by refer
snce to the acLs OF Mr.. Lincoln
in constituting military tribunals in
loyal States, which conduct though pro-
nOunced destitute of warrant by the SD
preme Court, had been upheld by Con- !
gress on the ground that the motive was
good. Having thus, as be claimed, shown
the falsity of the doctrioe advanced by
the managers on that subject, he said he
should next consider the question
whether the President had the right TO
remove Mr.. Stanton, and grant a letter
OF authority to Gen. Thomas, for on
these two issues hung the fate of eight Of
the articles. AS to the first pointhe held
that the civil tenure law did not apply
to Stanton, because he was not
appointed by Mr. Johnson. But
- NJ. -. ii .l
term of office expired one month after
Mr.. Lincoln were now living, Stanton
could be removed by him, and equally
SO by his successor, who was serving out
the remainder OF his term. Ia support
of his proposition that the President bad
the power to remove Stanton under the
law of 1889, Mr.. Grcesbeck quoted the
letter of MI. Adams to Mr.. Pickering.
announcing to him not that be was TO
BE- removed, but that he was actually re-
and a successor appointed. He
said his feeble health to day Obliged him
to pass by with q mere reference TO the
utterapce OF Senators, at the time Of the
passage Of the Tenure-of-0f1c bill, and
the fact that it did not profess to repeal
the act of 1883, n went on TO argue
that as all admitted that there
vas A0Om y 0ouFAAhS Anc CONSTRUCTION |
Of law, and the President had availed
himself of the counsel of those specifically
designated by the Constitution to give It
to him, therefore he must be guiltless of
crime, 10 constituting il rs be aid. In re-
gard to the c0nstitutiOnslity Of that law,
he adverted to the fact that those who
had framed 1t, he could not address with
much hope OF changing their opinions,
but he would make the inquiry whether.
assuming its constitutionslity, the Presi.
dents action could be deemed criminal.
Abiding to 9 portion OF Mr.. Boutwelps
he denied that the President was
the servant Of Congress to exc
cute their laws. His oath Of Office, he
said, required him FIST to maintain
the Constitution. He further COM ]
batted the position assumed by that
honorable manager, that the President is .
TO execute all lava, ever If they 1
are psenOuncsd unconstitutional By TIE