New-York tribune., 1868-04-10
THE IMPEACHMENT TRIAL.

THE GALLERIES AGAIN FILLED-TwO WITNESSES
CALLED BY THE HOUSE MANAGERs-A POST
MASTER REMOVED WITHOUT THE sEEATEs
KNOWLEDGE-MR. CURTIS OPENS FOR TIE
DEFENsE-HE INSISTS THAT MIR. JOHNSON
INTENDED ONLY TO TEST THE VALIDITY OF
THE TENURE-OF-OFFICE LAw-MR. CURTIS
UNABLE TO FINISH HIS ARGUMENT IN ONE
DAY.
BI TsLBSRAPH
WASHINGTON, Thursday, April o. 1868
The Senate met at noon to-day, az a High Court OF
impeachment, after recess of four days. The at
tendance in the galleries was very large. Every
seat, indeed every foot of space where man OF wo-
man could stand was occupied. The diplomatic gal
lery was also full. Mr.. Thornton the British Minis
ter and representatives from nearly all the foreign
legations were present Gen. Sherman occupied
Senator Stewards chair on the floor, and thomas
Ewing senior, sat near him ia Mr. Doo1ttes seat.
Secretary McCullOch was another interested ana
privileged spectator. After prayer by the Chaplain
and the formal announcement of the Managers and
members of the House of Representatives, the trial
proceeded. The Chief-Justce inquired whether
the Managers desired to introduce further tes-
ii nony and Gen. Butler replied afhrmauvely,
whereupon Mr.. VIM. ii. Wood of Tuscaloosa Ala,
was called. He testified that he came here IN pursuit
of an Office in September 1885, and that the President
the witness to surrender 2 per cent of the proceeds
for political purposes Witness was however, virtu-
Ous and scorned the profered place on such terms.
Mr.. Stanbery cross examined him, and in so doing
ATTEMPTED TO prove first that the witness said yeser
day that his testimony would be in favor of the
President and secondly that he had been promised
reward for testifying in behalf OF the prosecution
But in each case the witness responded with
a stout denial Next came Mr. Foster Blod
gett, who testified that he was commissioned
of Augusta, Ga. in 1865, and was
suspended from office by the President in January
last He was not aware that the of his sus-
pension had been reported to the Senate. Gen. But
ler informed the Court that he should examine the
records of the Senate and prove by them that Mr..
Bodgetts had not been reported as required by
the Tenure-of- Office law. This brought Mr.. Stan
berry to his feet with question TO which one of
the impeachment articles Mr.. Blodgctts case would
come under, and Gen. Butler replied by saving that
that would be shown in the summing up This closed
the case for the prosecution, and the ChefJustice
quested the counsel for the President to proceed.
The galleries were instantly hushed into attentive
silence and all eyes turned toward the table TO
the right of the Chief-JustCe around which the
Presidents counsel sat II easy to tell who was
about to speak from the books of law and general
literature and sheets of manuscript notes in front OF
Judge Curtis who sat at end of the table facing
Mr.. Stanbery. Judge Curtis, after a few introduc-
tory sentences entered into a long and exhaustive
argument upon the meaning and intent of
the TenuTe-Of-0ffice act, TO show that
the case of Secretary Stanton did mot come
under its provisions. He denied the position which
had had been assumed by the Managers, that Secre-
tary Stanton is serving ont Mr. Lincoln's term of
office He then went on TO show the relations which
should exist between the President and the members
of his Cabinet who are his constitutional advisers,
his personal staff, etc. They had never been re-
carded, he said, as incumbents Of Federal
offices in the same sense as other
persons. He gave history of the passage of
the Tenure Office law through the two Honse of
Congress- and quoted from the debates to show that
It's leading advocates disayowed any intention to
make IT applicable to Secretary Stantons case He
added that Senator Sherman, in a speech favoring
the bill said that the Senate would not sustain any
Cabinet officer in retaining his place after the SIM
plesf intmatOn from the President that his resigna
ton was desired But even if the act applica
bio Secretary Stantons he held that the mere
act of removal did not constitute high crime OF
misdemeanor unless it could be shown that 1t was
willfuy and maliciously done. The accusation was
that the President knew Secretary SantOns case to
come within the scope of the law but there was no
proof of it. On the contrary the proof all the
other way.
After a of ten minutes. at 25O o'clock Judge
Curtis resumed his argument and continued il until
$3.50, when at his request, the Court adjourned. He
will conclude tomorrow at about o'clock. and then
the Presidents counsel will introduce witnesses for
the defense. The speech to-day attentively lis
tened to by both floor and galleries. As legal argu-
ment il receives high praise from both sides OF the
chamber His manner Of address is not such as TO
interest an audience. He speaks slowly and dellber-
atey, but without warmth orfecng apparently, and
in this respect is quite in contrast with his opponent
Gen. Butler