The Portland daily press., 1868-04-29
XLth OONGRESE-Ssoond Session.
The Impeachment Trial.
The Arguments of Messrs. williams and
Evarts.

ting MS position OF yesterday he took up the
subject of the Presidents alleged justification
by reason of advice given him by his cabinet.
He held that the President could not shield
himself behind the opinions of his own crea-
lures whose sentiments were prompted by fear
of losing their positions. He characterized
the cabinet in its newly assumed functions as
fungus growth which sought to make itself
directory. He argued that if the members of
the cabinet were intended by the trainers of
cur government to advise the President on
questions of general policy and shield him
from responsibility for his actions they would
have been made Independent of his control.
He claimed that the President had failed to
show any sufficient cause for his desire to re-
move Stanton. True he was q thorn in his
side, but SO was Congress, and SO were Grant
and every loyal man. tEEl.-
Mr.. Williams held that the wanton removal
OF meritorious officer from motives of person.
al dislike is of itself sufficient warrant for i'm
parchment. He referred to the Presidents
failure to commence legal proceedings, which
he maintained would not have suited his pur.
pose to have an interregnum, whereas his own
will would be supreme. He then gave sati-
rical and humorous description of the conduct
of Gen. Thomas, on the 2lst and 22d of Febru-
airy, including his appearance at the masquer-
ade.
President that he has right to resist and
bring to judicial decision laws he considers
unconstitutional. Mr.. Williams maintained
that no provisions of the constitution required
such Judicial confirmation, and that extreme
cases of clearly unconstitutional laws were not
supposable. He would add that the Senate is
now sitting as a court, but it was q court hold
ing exclusive jurisdiction, which could decide
this whole matter according to its own ideas.
guided but not bound by presidents and laws
Mr.. Williams then argued that the suspension
OF MIR. Stanton was made under the tenure of
office law, which the President thereby recog-
nized. He then maintained that the averment
Of evil intent was not necessary in this case as
in all others. 1t was inferred from the act
itself Comparing the conduct of Mr.. johnson
with that of James I'd he said it only now re-
manned to see whether the parallel would be
completed. He commended that the safety of
the people, the supreme law, was the only law
by which this case should properly be tried.
1t was belittled by trivial and impertinent le-
gal techncalities and he besought the Senate
10 take the larger view.
In regard to the eleventh article he had not
the heart to dwell upon the dsgraceful con-
duct which formed its subject. If the Presi-
dent like his counsel is to make merry over it
he could only say that Nero fddled while
Rome was burning, and that our culprit would
find in the Senate censor more stern than
Cato. In conclusion he said the result of the
trial would determine whether the President or
the Senate would go down, and he depicted
the fearful consequences which he said would
follow from the acquittal. He eontrasted them
with glowing picture of peace, prosperity
and happiness to result from the Presidents
conviction. The Senate hen took recess.
On re-assembling Mr.. Butler asked leave to
x,vav, RI, IN
Alta Vela matter referred to by Mr.. Nelson and
read written statement in which he condem-
ned in very severe terms the introduction by
Mr.. Nelson OF assertions and insinuationB I'M
supported by evidence and irrelevant to the
case, and went on to relate the circumstances
of his connection with the matter.
He stated that he gave Mr.. Shaefer an opiu-
ion on the "Alta Vela" claim before the i'm.
parchment was decided on, or before the Presi-
deIt committed the act which gave rise to il,
was published in the New York papers.
Mr.. Logan also signed it, but the other sig
natures were affixed to the copy of his opinion
long after the original was given to the Presi-
gers had any interest in the Alta Vela claims.
The signatures were sent to the President in
order to support him in doing what he had al
ready declared his intention of doing.
Mr.. Butler then read the affidavit OF G.. +.
Black and Shaeffer corroborating these asser.
TONS
Mr.. Nelson by permission replied and re-
minded the Senate that the topic was not in
troduced by himself and claimed that he had q
right to vindcate his client from the aspersiou
cast on him by the other side. He had brought
no accusations against the managers and con
tended, warmly, that the imputation made
against him just now was unjustifiable and
outrageous.
He had supposed that the original opinion
was dated like the copy, and asked why he ha6
not been corrected when he read the letter. /
allowed he would produce them tomorrow
and would show that the assertions would
flow from it. From these considerations
he framed strong appeal for circumspectior
and impartiality in its consideration briefly re
viewing the issue involved in the few impeach
ment trials which have taken place in oul
country. He spoke of their utter insignifcanct
in comparison with those nov presented and
said he should draw their attention to some o
the probable results which would follow tn
decision either way.
If the President is acquitted the government
will go on as before. Congress, the Executive
and the Judiciary will resume their prOpe
functions. In case of conviction, disturbance
of various kinds will arise. One branch of thu
government will be Invested of its p,erogative
and the President will be succeeded by q mem
Der Of the body which deprived him. This b,
mentioned was the trial OF the Constitution.
Referring to the Supreme Court as the res
pected, and cherished guardian of the peoples
liberty, he alluded to Congress as having re
Gently prevented the exercise of its rightfu
Jurisdiction in defence of sacred right. an,
Congress was also now attacking the govern
ment, and the people looked to the trial .or
decision which would restrain the aggressiv
branch within its proper limits The oath Q
the President was not merely the commo
oath faithfully to discharge the duties of hi
office but included the unique and sublime OF
LEGATION to preserve, protect and def nd the COZ
stitution of the United States which the peopl
have formed, and will adhere to the determir
alton that the oath shall not be taken in vail
They are converts to 10 theories OF Congre
sional omnipoteuce,' and when they hear ths
the sword Of impeachment is drawn, they vi
wish to know what the crime IS with VINO
the President is charged, and for what lt
sought to depose him. They understood VIVA
treason and liberty are in all their ramhc'
tons, but on going through with all their ties
they are told his crime is, having removed
member OF his own Cabinet, and they are to-
it became crime because Congress, for ii
first time in the history of the government
has made it So He undertook TO make an q
interim Secretary of War, and now in cons
duence they are to have made for them an .
interim President. They also ascertain tn
no force was employed, and no removal w,
made except on paper, and that for the mn
pose of procuring decision of the Supren
Court, to prevent which vigorous action was
once taken by those who bring the acoustic
In short said Mr.. Evarts, the people see th
it is a question of supremacy between Congre