Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1868-05-01
impeachment.
ARGUMENT OF MR.. BOUTWELL,.

no further part in the proceedings.
The first business was the consideration
of the order offered by Mr.. Sumner as fol
lows: the House of Representatives ani
counsel for the respondent have leave o
file written or printed arguments before
the oral argument commences.
Senator Vickers offered all amendment
proposing to allow such of the managers a,
are not authorized to speak to file written OF
printed arguments or make oral addresses
and the counsel of the President to alter
nate with them in so doing. The substitute
was agreed tO-26 to 20 The question
recurring on the order as amended wat
lOst-2l to 26.
The order submitted by Mr.. Stuart some
days ago was read as follows:
That one of the managers on the part Of
the House be permitted to file his printed
argument before adjournment to-day and
that after the oral opening by the M mage,
and reply by one of the Presidents counsel
another of the Presidents counsel shall
have the privilege Of filing written or ol
making an oral address, to be follwcd b.
the closing speech of ole of the Presidents
consel and the final reply of the managers,
under the existing rule.
Mr.. COnness offered the following as a
substitutes:
That such ofthe managers and counsel
for the President as may choose to do so
have leave to file their argument on or be
tore Friday April 81.
Mr. Buckrlew moved to lay the order and
amendment Oh the table, which was re-
jected without division. The amendment
and original order was rejected.
After several other motions were offered
and voted down, Mr.. Trumbull offered the
following:
ordered, That as many managers and
counsel as may desire to, be permitted to
tile written arguments or address the
Senate orally; which was amenled by
adding proviso that the concluding ora
argument shall be made by only one man
ager, as provided in the 2lst rule.
Numerous amendments were rejected
and considerable debate ensued, but the
yeas and nays being taken on Mr.: Trum-
bulls order as amended, it was adopted
% to, 2,
The discussion having continued up to
IL. SO, Mr.. Boutwell, then commenced his
argument, reading from printed slips, the
galleriesn the meantime having become
very much crowded.
Mr.. Prcsident-Senators; You may now
anticipate speedily the conclusion OF youl
arduous labors. The Importance of th.s
occasion is due to the unexampled circun
stance that this trial is that ofthe Chiel
Magistrate of the principal Republic of the
world, and its sOlemnity is due to the
circumstance that this tria! is new test OF
national virtue and the strength of p0pu-
lar government. The object of this pre-
ceeding is not the punishment of the offend
er but the safety of the State. AS the
daily life Ct a wise and just magistrate is
an example for good. so the conviction OF
an unfaithful officer is warning to all mca.
fhe issues between the House and the
President are technical and limited, bu
We have met them and maint ined them
by conclusive evidence. and your final
action involves and settles questions Ofpub
Tic policy of greater magnitude than any
considered in the political 0rjudicial pro
ceedngs of the country since the adoption
OF the constitution. He the proc g e to
discuss the claim of the President to the
power to remove at all times all executive
officer. This claim has never before been
asserted and surely never been sanctioned
and no law justiiies it. If sanctioned this
claim strips the Senate of all practical
power in appointments and clothes the
President with power to remove every one
refusing to be his instrument. Mr. Bout
well then instanced the effect ofsueh power.
such as the removal of all loyal and patriotic
officers of the ar ny ana navy and in effect
,;., ,h, 4 ..l ,e hrop,,t,os III,
public service. The constitutional power
of the President and Senate were first
considered. An examination of the c0u-
. tuition, he contrn led. shows that the
Executive and Judicial departments have
no inherent vigor by which they
are enabled to perform their functions
while the legislative department Is clothed
with authority to make all laws necessary
to carry into execution all powers vested
By the constitution in the government OF
any department or offices thereof. The
le.islative department has original power
iro IL tn, constitution, while the TX tcntlve
aud ia iicial departments are constantly
dependent upoa the les islatIva department
Quotations were made from different au
thurities in support OF this point.
II wv L 'tS'uNhs -. '"'P''S"''"' va N"''
struc.iOn, assumes authority not granted
by the Constitution or laws he violates his
oath oi Office, and it is not in his province
in the execution If the laws to consider
whether they are constitutional. The
crime of the President is that he has vio-
lated law, aud in his defence no inquiry
has been made whether the law is const
tutlonal. There can be M inquiry by
this tribunal whether the tenure Ot-otlice
act is constitutional or not. 1t is Il law OF
the land, binding upon all officers and dc
partments ol the government. 1t was thy
President duty to execute 1t and upon his
own answer by repeated official confessions
aud admissions he Intentionally, wiltully
and deliberately set aside and violated it.
Mr.. Boutwell, maintained that no Senator
has right in this trial to be governed by
his own opiuion Of the constitutinnali.y o,
expedency of the law. If the President
may refuse to execute law because in
his opiuiun it is unconstitutional then he
and his successors may refuse to execute
all laws not sustained by the Supreme
Court. Having no right to inquire int
the consttulionality of IA law the President
cannot plead purity Of motive TO relute hi'
own admissions that he has Intentionally
violated that law. The ayoval Of the
President that his object in violating the
| tenure of Office act MAS to get it into TIL,
courts was considered, aud Mr.. Boutwe
characterized such a proceeding as auda
ci0us and criminal. and AS IL systematic at
tempt to undermine the government b,
drawing into the courts the question Of ll,
validity of laws constitutionally enacted
But the assertion that the President desir
ed to test the motion in court was pre-
text, as up to this time no real steps hay,