The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-23
BY TELEGRAPH
CONGRESS.
WASHINGTON, April %.
SENATE.

The Court opened at eleven O'Clock.
The Chief Justice stated that the first
business in order would be an order Of
| iered by Mr. Summer, allowing the
Managers for the House and the
Counsel for the President to
have leave to flls written or printed ar
guments before the oral argument COM
| mences.
| Mr.. Eickers offered an amendment,
| proposing to allow such OF the Mama
gers as was not authorized to speak to
| file written or printed arguments or
make oral addresses, and the Counsel
| for the President to alternate with
them in so doing.
| Mr.. Curtis stated that Mr.. Stanbery's
| indispOsition was such that it would be
impracticable for him to take any fur
| ther part in the proceedings.
| After considerable debate as to the
\ closing speeches. Mr.. TrumbulI moved
| the following: Ordered, That as many
of the Managers and of the Counsel
| for the President as desire to do so, be
permitted to file arguments or address
the Senate, &C., orally, be substituted.
! Agreed to.
Senator Buckalew moved to amend
the substitute by adding to it the fol-
| lowing words: But the concluding
oral arguments shall be made by one
| of the Managers, as provided by tn e
| 2lst rule.
Various other amendments were of
| fered and voted down. Finally after
/ settle the question, the substitute offer
ed by Mr.. Trumbull as amended on
motion OF Mr.. Buckalew, was adopted
| instead of the original order.
! Mr.. Boutwell,, at ten minutes before
one, addressed the Senate.
Mr.President, and Senators: You may
now anticipate the speedy conclusion
| OF your arduous labors; the importance
] OF this occasion is due to the unexam-
| pied circumstance that this trial is that
OF the Chief Magistrate of the principal
| republic OF the world, and its solemni-
/ ty is due to the circumstance that this
! trial is u new test;of the national vir-
ment. The object OF this proceeding is
| not punishment OF the offender, but
| the safety of the State. As the
| daily life of wise and just
magistrate is an example for
good, so the conviction of an un-
| faithful officer is warning to all
men. The issues between the House
and the President are technical and
! limited, but we have met them and
maintained them by conclusive evil
| dence, and your final action involves
and settles the questions OF public poll
] cy of greater magnitude than are con-
| sidered in the political or judicial pro-
tion of the Constitution. He then pro-
! ceeded TO discuss the claim of the
! President OF the power TO remove at all
times ofall executive o1icersi this claim
| has never before been asserted and sure
! ly been sanctioned, and no law justifies
/ II; If sanctioned this claim strips The
| Senator of all practical power in APP
| pointments, and clothes the President
| with power to remove every one refus-
ing to be his instrument. Mr.. Boutwell,
then instanced the effect of such power,
| such as the removal of all loyal and
patriotic officers of the army and
navy, and in the effect of vitiating
| the fidelity of all branches of public
service. The constitutional powers OF
the President and Senator were tirsi
considered. An examination of the
| Constitution, he contended, shows that
the executive and Judicial depart.
ments have no inherent vigOr by which
they are enabled to perform their func'
| tions, while the legislative department
is clothed with authority to make all
the laws necessary 10 carry into execu-
ton all the powers vested by the Con-
stitution in the government, or any
| officer or department thereof. The
legislative department has original
power from the Constitution, while the
| executive and judicial departments are
constantly dependent upon the legisla
tive department.
| Quotations were made from different
| authorities in support of this point.
II the President, by implication and
construction, assumes authority moi
! granted by the Constitution or laws
| he violates his oath OF office; and il is
| not in his province in the execution oi
| the laws to consider whether they are
| constitutional. The crime OF the Presi.
| dent is, that he has violated law, and
| in his defense no inquiry can be made
whether the law is constitutional; there
can be no inquiry by the tribunal
whether the tenure of office act is con-
stitutional or not; it is law of the
| land, binding upon all officers anu de-
partments OF the Government it was
the Presidents duty to execute it.
Upon his own answer, by repeated OF
ficial confessions and admissions, he
Intentionally, wilfully and deliberately
set aside and violated 1t.
Mr.. Boutwell, maintained that nc
Senator has right in this trial to be
governed by his own opinions of the
constitutionality or expediency OF the
law. Ifthe President may refuse TO exc
cute a law because in his own opinion
1t is unconstitutional, then he and his
/ successors may refuse to execute all
laws not sanctioned by the Supreme
Court. Having no right toinquire into
the econstitu uonallty ola law, the Presi'
dent cannot plead purity OF motive TO
refute his own admissions that he has
Intentionally violated that law. The
ayowal OF the President that his object
in violating the etenure-of-othce act was
to get into the courts was considered,
and Mr.. Boutwell, characterized such a
proceeding as criminal and system
! attic attempt TO undermine the Govern
| ment by drawing into the courts the
| question of the validity Of laws constt-
| tutionally enacted, but the assertion
that the President desired to test the
| matter in court was a pr9textI as up TO
! this time no real steps have been taken
| by him in that direction. be never
| designed to test his rights in court; the
object was to seize the offices of the
| Government for purposes OF corrup-
/ ton, and by their influence to enable
i him to reconstruct the Union in the
interest of the rebellious States; he re-
sorted to this usurpation as u necessary
means OF usurping all power and re-
! storing the Government TO rebel hands:
| no criminal was ever arraigned who
offered a more unsatisfactory excuse
= for his crimes; he had no right TO do
what he says he designed DOING and
1.-THE evidence shows no attempt TO do
what he assigned as his purpose. The
provisions OF the Constitution relating
! TO appointments were then consideredt
and authorities given to show that no
removals or appointments can be made
by the President, except in concur
sence with the Senate; the letter ORE
moyal to Mr.. Stanton was an admission
1 by the President that Mr.. Stanton was
Secretary of War on the 2lst Of Feb.
| 1865, but that his suspension was aoro-
/ gated by the action of the Senate, ana
! that then Mr.. Stanton thereby was re-
| stored lawfully to Office. By issuing
! the order for the removal of Mr.. STAN
| ton the President made an attempt In
violation of the Consultation ThlS IS