The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-06

| Goodness To send for the executive journal of
Nav -, 1900, to be brought here? l propose
| 10 Show that at the same hourOn the same day
| Mr.. Adams, President, sent nomination to
Mr. Stanbery.-Do understand the honor
able manager to say at the same hour. Do
you expect to prove it? - ~-
Mr.. Butler-When come to look at the
| correspondence think / am wrong. L think
the action OF the Senate was little previous
daughter - ~ ft-tfc
Mr. Stanbery.-You do? .. --AA
| Mr.. BUTTERFLIES, sir.
On motion of Senator Sherman it was or
uered That the journal inquestion be furnished.
| Mr.. Butler then offered extracts from the
| published works of John Adams, purportlng to
be official letters, which passed between limo
| thy Pickering, Secretary OF State, and Presi-
| dent Adams. No objection.
| The managers then put in evidence the exec
1 utiye journal of the Senate for May II, 1900,
| Mr. Creepy appointment clerk of the Treasu-
| ny Department was sworn. AS to the authentic
ity of the letter from the President to the Sec'y
Treasury, notifying him of the suspension of
Mr. stanton and appointment of Gen. Grant as
secretary OF War ad interim, Aug. IL, 1867,
under the tenure-of-office act On receipt of
THIS communication it was transmitted by copies
TO the Counsellors and Auditors of Depart
ments.
MT Butler.-Just step downa moment. Mr. |
bered that the answer of the President to the |
hrst article says in these words:-"And it has
ever since remained, and is now the opinion of |
tfls respondent at the time when he was
forced, as aforesaid, to consider and decide |
what act or acts should or might carefully be 4
done by this respondent, as President of the |
United States, to cause the said Stanton to i
surrender the said Office" This respondent |
was also aware that this act (the tenure of |
office acD was understood and intended to be |
an expression of the opinion of the Congress
by which that act was passed; that the power |
to remove executive officers for cause might by
law be takenfrom the President and vested in |
him and the Senate jointly. Mr.. Butler read
further from the articles The President
CLAIMS that he had removed Stanton under the
constitution. He then read the second sec
ton OF the tenure of officer act, empowering
the PRESIDENT, during the recess of the Senate. n
to suspend civil officers, except United States
Judges, for incapacity and misconduct, and
authorizing him to designate temporary sue
cesSor 10 hold until acted upon by the Senate,
and requiring him to report such action with
IN twenty days from the next meeting of the
senate with his reasons therefor. He also |
read the eighth section, requiring the Presi-
uenI 10 notl1y the Secretary of the Treasury of |
sucn temporary appointments made without
Gne consent of the Senate. He continued ~
1t will be seen, therefore, Mr.. President. that
the PRESIDENT of the United Sta es says in his
answer that he suspended Mr.. Stanton under
the Constitution, and suspended him indef-
nltely and at his pleasure We propose now.
unless it is objected to, TO show that it is false
under his own hand, and offer his letter to
that effect, which, if there is no objection, 1
will read
MIR. Stanbery.-After examining the letter
we see no Inconsistency in that nor falsehood
Mr. Butler.-That is not the question / put
to you. asked you if you had any objection?
ME- Stanbery-I have no objection. t-t
Mr.. Butler-The falsehood is not in the Il t.
Ter, 1T is IN the answer. He then read the let |
ter, dated August IA, 1867, as follows:
SR-In compliance with the requirement of
the eighth section of the act of Congress of |
March q, 1867, entitled "an act to regulate the
tenure OF certain civil Offices" you are hereby |
notlhed that on the 28th inst the Hon. Edwin
M nj. stanton was suspended from his Office as
secretary OF War; and Gen. Ulysses S. Grant |
authorized and empowered to act as Secretary
of War dd interim.
| am, sir, very respectfully yours,
ANDREW JOHNSON.
10 Hon. Hugh McCulloch, Secretary of tie |
Mr. Butler-I wish to call attention to this
again because it may have escaped the atten-
ton of the Senators. - 81 -
:. Mr. Curtis-We wish to know what all this
discussion means; what question is now before
the Senate; now is it that this statement is
made? -
Mr.. Butler-I am endeavoring to show that
when the PRESIDENT said he did not suspend
Mr. Stanton under the tenure of Office act and |
he had come to the conclusion that he had a
rlgnt to suspend him before August IL, 1867,
without leave of the tenure of office act he
sent letter that be did it under that act to
section OF the act, to which he referred He
expressly says in that letter he did suspend
him under that act.
Mr.. Curtis do not object to the honora-
Ject TO his arguments. AIS p.
Mr.. Butler--I am arguing nothing, sir read
the law. The journal asked for by Mr.. Butler
arrived at this point and was delivered to Mr.
nraod ft.a Il - Al
May II, 1900, and the subsequent action of the
Senate on the following day, as follows: On
Tuesday, May 10, 1900, the Senate proceeded
to consider the message of the President of
the Onlted States OF the 18th inst, and the
nomination confirmed therein of John Mar
shall, OF Virginia, to be Secretary of State,
whereupon it was resolved that they do advise |
and consent to the appointment according to
the nominotion.
Mr.. Stanbery-Please to read when it an
peared there, and at what hour this was DONE
MIR. Butler-I will not undertake to state |
the hour, sir; stated directly to the Senate in
answer to you that the nomination went to the |
Senate, as it will appear from an examination
of the whole case, prior to the letters going to
Pickering.
Mr.. S.anbery-Will the honorable gentle
man allow me to add, that he said he expected |
to prove it,
Mr. Butler-I expected it would appear from
the whole case. He sent it first, L am quite
sure. Now, then, as it was the duty of Mr.. |
Adams to send it first to the Senate, I presume |
ne dld ms duty and sent it to the Senate first,
before he sent it to Mr. Pickering. (Laughter)
L want to say for them, that being all on the
same day, it must be taken to be done at the
same time ia law. But another piece of evil
dence is, that he asked Mr.. Pickering to send
IN ms resignation, because it was necessary to
SEND lis suspension to the Senate as soon as
they sat, which he did. ---
HoUsE.-The House met at IL. The speaker
presented message from the President in re-
lation to the treaty with the German powers
respecting naturalization. Referred to the
Committee on Foreign Relations also resolu-
ton OF the Georgia Constitutional Convention,
asking for the removal of political disabilities
In several cases. Referred to reconstruction
Committee; also resolution of the New Eng
land conference on the state of the country; Il
same reference. ese = u. ETflsgF "a
The House then proceeded to the Senate
chamber as usual. - u
On re-assembling at $50 o'clock, Mr.. Ed
ridge, OF Wisconsin, moved that when the
next. g,p=TEFss rr- ara gr-rTflVT
Mr.. Washburne, of Illinois, favored the mo-
ton as hardly quorum of the members were
IN the city, owing to the understanding that
parchment trial. y ~
Mr.. Blaine opposed the motion to adjourn
over, giving asa reason that many of the mem
bers desired to make speeches as in committee
OF the whole, and there would be great press
OF business after the conclusion of the i'm
parchment trial. he thought it would be well
to allow speeches to be made on Monday, Tues
day and Wednesday. r.
The Speaker stated that so far as he had any
knowledge, there were only three members
desiring to make speeches on general subjects
Mr.. Ross, of Illinois, inquired why speeches
could not be made as in committee of the
whole during the impeachment
The Speaker replied that the reason was be- |
cause the House had, by resolution ordered
that it would attend the managers of the i'm
parchment at the Senate. H+ haa ~
Mr.; Schofeld, OF Pennsylvania, asked the
Speaker whether there was anything in the
Constitution to prevent members making
speeches to themselves in their own rooms.
The Speaker was not aware of any such con- |
stitutional objection.
Mr. Schoheld remarked that that would an
swer all purposes. Naughter)
Mr.. Garfield of Ohio, inquired of the Speak |
er whether there was quorum OF members
present in the city. at1 ~. el
The Speaker said there was not
The motion of Mr.. Eldridge was agreed to,
and the House at O'Clock adjourned till We'd
nesdav payt - -