The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-29
CONGRESS.
MAsHINaroN. Anril Il.
SENATE

Senate upon the trial of impeachment.
When that has been read, II there be
any objection, I VIII ask that 1t go over
until the close OF the argument, and
take It's place with other matters that
will come up at that time.
The amendment was read as follows:
WHEREAS, It is provided in the Con-
stitution of the United States that on q
trial of impeachment by the Senate no
person shall be convicted without the
bers present, but this requirement of
two-thirds is not extended to the judg-
ment in such trials, which remains sub
Iect to the general law that a majority
prevails; therefore, IN order TO remove
any doubt, 1t Is thereupon ordered that
any question which may arise with re-
gard TO Judgment shall be determined
by majority OF the members present.
Mr.. Davis objected, and the Chief
Justice said It would lie over.
Manager Williams then at 1915 re-
sumed his argument. After recapitu-
lating his position OF yesterday, he
took up the subject of the Presidents
advice given him by his Cabinet. He
held that the President could not shield
himself behind the opinions of his own
creatures, whose sentiments were
prompted by q fear of losing their
position. He characterized the Cabi-
nent in Its newly assumed functions,
as foreign growth which sought to
make itself a directory. he argued
that If the Cabinet were intended to
advise the President on his general
policy and shield him from RESPONSE
bility for his actions they would have
been made independent of his control.
He claimed that tine President had
failed to show any sufficient cause for
his desire TO remove Mr.. Stanton, true
he was a thorn in his side, but SO was
Congress, and so was Grant and every
Mr.. Williams held that the wanton
removal OF q Theritorious officer from
motives of personal dislike. Is of SUIT
ficlent warrent for impeachment He
referred to the Presidents failure TO
commence the legal proceedings which
he maintained would not have suited
his purpose to have an interegnum
wherein his own will would be su-
preme. He then gave a sat!rical and
humorous description of the conduct of
Gen. Thomas on the 2lst and 22d of
February, including his appearance at
the masquerade. With regard to the
set-up by the President that he has a
right to resist and bring to judicial
decision the laws he considers uncon-
stitutional. Mr.. Williams maintained
that no provisions of the Constitution
required such confirmation and that
the extreme cases of unconstitutional
laws were not supposable. He would
admit that the Senate is now sitting as
a Court, but 1t was Court holding
exclusive jurisdiction which could
decide this whole matter according to
its own ideas guided but not bound by
precedents and laws.
Mr.. Williams then argued that the
suspension of Mr.. Stanton was made
under the tenure of Office law, which
the President thereby recognized; he
then maintained the averment of evil
intent was not necessary in this case,
as in all others, it was inferred from
the act ITSELF Comparing the conduct
of Mr.. Johnson with that OF James the
Second, he said it only now remained
| to see whether the parallel would be
completed. He contended that for the
safety of the people, the supreme law
was the only law by which this case
should be properly tried; it was belit-
technicalities, and he besought the Sem
ate to take larger view in regard to the
1lth article. He mad not the heart to
dwell upon the disgraceful conduct
whichformedi it subject. The President,
like his counsel, made merry over it.
He could only say that Nero tiddled
while Rome was burning, and that one
| culprit would find in the Senate CEN
sor more stern than Cato. In conclu.
sion, he said the result of the trial
would determine whether the Presi.
dent or the Senate would go down, and
depicting a Yeries of fearful conse-
! quences which would follow from an
acquital, he econtrasted, with the gloomy
| picture, the peace, prosperity and hap
piness to result from the Presidents
conviction. The Senate took a recess
On reassembling, Mr.: Butler asked
| leave to make personal explanation
In regard to the Alta Vela matter
referred to by Mr.. Nelson, and read {
written statement in which he CON
demned in very severe terms, the in
PRODUCTION by Mr.. Nelson of assertions
unsupported by evidence, and irrele
want to the case, and went on to stat
the circumstances OF his connection
with the matter. he stated that hI
gave Mr.. Shaeffer an opinion on thu
Alta Yela claim before Impeachment
was decided on or before the Presiden
committed the act which gave rise to 1t
and had never heard of It afterwards
until published In the New York pa
Mr.. Logan also signed Il, but the
other signatures were offered TO the copy
OF his opinion long AFTER the Original
was given the President. Neither he
nor any of the Managers had any inter
est In the Alta Vela claim; the sigma
lures were sent to the President In
order to support him in doing what he
had already declared his intention oi
doing.
Mr.. Butler then read the affidavit
| ofCnauncey E. Black and Mr.. Shaeheri
corroboratinR these assertions. Mr..
Nelson, by permission, replied, and re-
minded the Senate that the topic was
not introduced by himself, and claimed
that he had right to vindicate his
client from the aspersions cast upon
him by the other side. He had brought
hn ManauaFa
aud contended warmly that the
imputation made against him
lust now was unjustIfiRble and
Outrageous. He had supposed
that the original opinion was dated ike
the copy, and asked why he had not
been corrected when he read the letters.
If allowed, he would reproduce them
Tomorrow, and would show that the
additional signatures were made after
the trial had commenced and were
used by Judge BlRcd 10 influence the
President.
In the course OF ms renarks reeI Syo.I: ear:
Nelson was called to order by Mr.. \ ates
and Mr.: Logan stated that the signature
was affixed before the Impeachment
commenced.
show.
Mr.. Evarts then at 2:3o rose and ads
dressed the Senate and Chief Justice In
behalf of the President. His opening
remarks had reference to the grave
character of the cause and the I'M
possibility of human prescience Tor
seeing the Tesblts which would how
from II. From these considerations he
framed a strong appeal for circunnspec-
tion and Impartiality In itsiconsidera-
tion. Briefly reviewing the issues IN
volved in the few impeachment trials
which have taken place in our country,
he spoke of their utter insignihcance IN
comparison with those now presented,