Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-23
LATEST 1lELEGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
Speech OF Mr.. Boutwell,.
CONGRESSIONAL PROCEEDINGS.


DC al OIucI OueIcu Ny MI. summer allow
ing the managers for the House and the
counsel for the President have leave TO file
written or printed arguments before the
oral argument commenced.
Dir. Nickers offered an amendment pro-
posing to allow such of the managers as
are not authorized TO speak, to file written
or printed arguments or make oral ad-
dresses, and the counsel of tie President
to alternate with them in so doing.
MIR. Curtis stated that Mr.. Stanbery's
indisposition was such that it would be
impracticable for him to take any further
part in the proceedings.
The substitute was agreed to by a vote Of
| 70 against 20, and the order as amended
was then lost by q to 20.
Mr.. Stevens inquired if there was any
improperly in the managers publishing
short arguments.
Ii was finally agreed to that az many
managers and counsel for the President as
desire, be allowed to file written arguments
or addresses in the Senate orally, provided
the final oral argument be made by one
person only.
Mr.. Boutwell, commenced his speech.
Mr.. PREsIDET AND SENATOR'S: You
may now anticipate the speedy conclusion
of your arduous labors. The importance
of THE occasion is due 10 the unexampled
circumstance, that this trial is that of the
Chief Magistrate, of the principal Republic
of the world, and its solemnity is due to
the circumstance that this trial ia a new
test of national virtue and strength of the
popular government The objects of these
proceedings is not punishment of the
offender, but for the safety of the State. As
the daily life of wise and Just magistrate
is an example for good, so the conviction
of an unfaithful officer is a warning to all
men. The issue between the House and
the President are technical and limited,
but we have met and maintained them by
conclusive evidence, and your final action
involves and settles questions of public
policy of greater magnitude than are con-
sidered in the political or judicial proceed
ings of the country, since the adoption of
the Constitution. He then proceeded to dis
cuss the claim of the President. His power
to remove at all times Executive officers.
This claim has never before been asserted
and surely not been sanctioned, and no law
iustifes it. Ifsanctioned, it strips the Senate
of all practical power in appointments, and
clothes the President with the power TO re-
move every one refusing to be his instru-
ment.
Mr.. Boutwell, then instanced the fact
that such power as the removal of all loyal
and patriotic officers, in the army and
navy, and in effect violating the fidelity of
all branches of the public service, the con-
stitutional powers of the President and
Senate were frat considered. An exsmi-
nation of the Constitution, he commended,
show that the executive and judicial de-
partments have no inherent vigoT 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 officers thereof The
legislative department has the original
power from the Constitution, while the ex-
ecutive and judicial departments are con
stantly dependent upon the Legislative de-
partment.
Quotations were made from different au-
thorities in support Of this point.
If the President, by implication or con-
struction, assumes authority not granted
by the Constitution or the laws, he vio-
lates his oath of Office, and it is in his
province in the execution of the laws TO
consider whether they are constitutional.
The crime of the President is that he has
violated a law in his defense. No.inquiry
can be made whether the law is constitu-
tiOnal or not, and there can be no inquiry
by the tribunal whether the tenure of office
act is constitutional or not, as it is the law
of the land, imposed on all the officers and
departments of the government, and it was
the Presidents duty tOexercise it, But upon
his own answer, by repeated official con-
fessions and admissions he Intentionally,
willfully aud deliberately set aside and Vio-
lated it.
Mr.. Boutwell, maintained that no Senator
has right in this trial to be governed by
his own opinions of the conatitutionality
or expediency of the law. If the Presi-
dent may refuse TO execute a law be-
cause in his opinion it il unconstitu-
tional, then he and his successors may re-
fuse to execute all laws not sanctioned by
the Supreme Court. Having no right to
inquire into the constitutionalty Of the Law,
the President cannot plead purity of mo-
tive to refute his own admission, that he
has Intentionally violated the law. The
avoWal OF the President that his object in
violating the tenure of Office act was to get
it into the courts, was considered, and Mr..
Boutwell, characterized such a proceeding
as criminal, and an attempt to undermine
the government by drawing into courts the
question ofthe validity oflaws unconstitutional
~ enacted, but the assertion that the Presi-
dent desired to test the matter in court
rro -, 10 sLs,
steps have been taken by him in that di-
rection. He never designed to test his
rights in the court. His object was to
seize the offices of the government for pur-
poses Of corruption, and by their influence
to enable him 10 reconstruct the Union in
the interest Of the rebellious States. He
resorted 10 this usurpation as a necessary
means Of usurping all power and restoring
the government to Rebel hands. No
criminal was ever arraigned who offered a
more unsatisfactory excuse for his crimes.
He had no right in-what he says be de-
signed doing, and the evidence shows no
attempt to do what he assigned as his pur-
pose.
The removal of Mr.. Stanton is the par.
ticular crime of the President, for which
conviction is demanded. By his convic-
ton the government will be par fled and
restored. By his acquital the government
will be surrendered into the hands of
usurping and INSCRIPTIONS man, who will
use all the vast power he claims for the
corruption of every branch Of the public
service, and the final overthrow Of the
public liberties. The excuse Of the Presi-
dent that he acted under the advice Of his
Cabinet was cited as noticeable. He had
no right to such advice or anything ont
side Of their speei al departments.
The acts of 1889, establishing depart
ment Of foreign affairs, which was put in
by The defense, was then considered and
reference to certain co-relative documents
The action of Congress, in 1889, in
passing that bill developed the fact
that that body was Of the opinion
that the power of the removal was
not in the President absolutely, and during
the session of the Senate was vested in that
body and the President conenrrenily, and
debate then held and votes cast, which in
dicates that the power Of the President to
remove during the vacation Of the Senate,
was, at the best, doubtful power under the
Constitution. The practice Of the govern
ment relative to removals subsequent to