Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-10

hR. CURTIS CLOSES HIS ARGUMENT.
His Review Of the Articles of Imp~ach-
FRIDAY, April 10

pounced by the Sergeant-at-Arms
The House Of Representatives were next
The journal Of the proceedings was then read
Mr.. Curtis then resumed his argument and
IN beginning referred TO the remarks Of Mr.
Butler on Saturday last, that the President
stated that he had suspended Mr.. stanton in
definitely under the Constitution: and this he
tMr. b. would prove to be false by the letter
OF the President TO Secretary McCulloch on the
18th OF August last, notifying him OF the sus
pension of Mr.. Stanton under the provisions
OF the eighth section Of the tenure OF .o ce act
Mr Y; read the eighth section referred to, and
argued that 1t had nothing To do with the case
OF Mr.. Stanton as meant i'm the article as under
that section IL was made the duty OF the Prrsi-
dent to notify the Secretary Of the Treasury OF
the suspension or removal OF any OF all Officers
or whether a vacancy occurred by reason of
deatn or Other cause, and that is a temporary
designation Of a successor.
Mr.. Butler interrupted to ask that the sacond
section be read by Mr.. Curtis.
Mr.. Curtis declined reading IL, as il was too
long. He then proceeded to Argue that il that
act does not apply to the case of Mr.. Stanton,
then his removal is not in violation of that act.
The Senate Will therefore perceive that ii is
necessary TO recur 20 the question whether Mr.
Stanton's case was within thatact. The ques-
ton arises whether the delivery Of the letter OF
authority TO Gen. Thomas was a violation Of
that act. The law relates in one respect 20 re-
moyals from office. and in another TO the filing
OF offices. 1t seems that a practice had grown
up tn when the Senate rejected the nomina-
ton of person, for the President aftar the
Senate lad adjourned, TO commission the same
person To temporarily I'LL the vacancy. This
had been considered by some Senators a. an
abuse of power. 1t rs manifest that the law
does not cover all classes of cases In support
of this point Mr.. q. read from the law, review
ing il section by section, in proof OF his srgu-
ment that Mr.. Stanton's case did not come
within its proyisIons. Every removal,
appointment, &c, made in violation
of this act shall be held as high
crime and misdemeanor, but every case outside
{ ia irh rrlp and af..f
The allegation of the second article of impezch-
ment lie that the letter Of authority given TO
General Thomas was without authority Of law
he would hrst bring TO the attention of the
Senate the act of 1875, that in cases OF a yacan-
cy in the office of Secretary of State. Secretary
OF the Treasury, or Secretary of the Depart
ment OF War, &c- IL should be lawful for the
President 10 fill such vacancies until Il success
sor could be appointed until the vacancy
could be hlied, provided hat such appointment
shall not last longer than SIX months. The act
was modified by the act of February, I-63
These acts, although relating TO the same gen
eral subject matter, are different, and the later
law does not expressly repeal the other and il
NJ does repeal ~ II Is only because the earlier
Law ls inconsistent with its provisions Now
some Courts 60 on the presumption that II the
legislative intends To repeal a law IL must saw
so IN express terms, and If the two laws can
stand together the one does not repeal the
other The authorities on this point are nu-
merous.
Now be (AIr. c. could see no in c, nsist,ucy
In these two laws. The act OF 17a5 applies 70
vacancies. no matter how created, and the law
OF 1855 applies &c temporary absence or SICK
ness There is 10 Inconsistency between the
laws. and he submitted that ii was impractI.
cable 10 prove that the later law repealed the
law OF 1875. But even say that IL does is IL
crime 10 be on one side of the question and L OF
on the other Is II crime to take a different
construction OF a law The House Of Repre-
sentatiyes submits thar il is a wilful viola
uon OF the law. and this he submits cannot
be sustained. The next allegation TO which
rh.-
The delivery of the letter of authority 10
General Thomas during the session OF the
Senate was in violation OF the Con stitution
by reason OF the neglect of the Constitution TO
provide for such matters, there Will be found
series OF acts 10 supply the defect. and a mode
by which the designation Of some person 70 ii m
these offices is made. The Senate will Observe
IN the first place, what subjects these laws
were designed TO meet. The difficulty 10 bs
met was sudden vacancy in an Office and the
necessity of its being filled, and the purpose OF
these laws was that IN the occurrence OF these
vacancies temporary appointment must be
made. inevitably. These vacancies were lust
as apt 10 occur during the session of the Senate
as during the recess, and II viii be found that
there Is nothing said as TO the vacancies occur-
ring during the session of the Senate, butthe Ian
qua &c IL, whenever the yancancies shall occur
Such a practice and such a construction hsS
always prevailed since the foundation of The
Government 10 the present time. The honor
able Managers have list themselves of these
vacancies which had been temporarily filled
TO the number OF one hundred and thirty IL he
counted them Alright Senator's would see that
these temporary vacancies must be supplied AT
tlmes during the session OF the Senate. Take
the case of Mr.. Floyd, which he mentioned
yesterday. The President asked Mr.. FIoyd 10
resign, and sent Immediately TO the Post Office
Department and got Mr.. Holt 10 supply the
vacancy in the head Of the War Department,
Ihe Senate was then in session, and called o,
Mr.. Buchanan for his authority 10 make ms
appointment without their Consent afr Eu-
eaanan Sent In long list OF appointments
m a dc I'M Sin liar
General Jackson down. He Therefore
respectfully submitted that the issue of
the letter of authority TO General Thomas
was not in violation Of the Copstitution
and not high crime and misdemeanor
He would now refer 10 the Sth article, which
was substantially the same the second, ex-
cept that the President is charged with having
consplred TO obtain possession Of the monies OF
the War Department for an unlawful purpose
All that the President did was to issue a letter
OF authority to Gen. Thomas. This was no
cons piracy. But il was said that n was done
without the consen. of the Senate Certainly N
was; for how was the President to get consent
Of the Senate to an cd interim appointment. He
(the Presidency would have had TO send in The
nomination of General Thomas TO get the con-
sent Of the Senate to a nomination which he
had ne intention of making. Ii was asserted
that no vacancy had occurred, but that was
begging the question. Had the President
not right TO issue a letter Of authority
In anticipation of vacancy There
was no violation Of the Constitution of the
United States in delivering tins letter Of au-
thoIity, because the Constitution makes no
provision on the subject; the mode OF filling
these temporary yacancies having been pre-
sented by allegation. All Of these allegations.
then. fall to the ground, and il il Impossible
for the honorable Managers TO construct ont of
uch material any charges that will stand The
acts are charged as unlawful, but there is no
law referred TO, to prove that they are SO.
he 4th and 9th articles charged nspiracv
The law OF July 81, 1861, styled IAN act To pu6.
ish and define certain conspiracies- was here
read by MT. Curtis. The 4th and 9th articles
contain allegations that the President and G..n
Thomas combined together to prevent Mr.
stanton from holding the Office Of SECRETARY
OF War, and also that they endeavored
to obtain possession Of the property 81 the War
Department. Now II seemed to him that the
attt mpt to invest the law Of 1861 with any
bearing upon these charges was one OF the most
extraordinary circumstances Of the whole case
The law relates TO conspfraciee IN any State or
Territory OF the UnioE, and was Intended to be
applicable to specified portions Of the.
CO untry, but these articles charged the
conspiracy in the District of Columbia.
This of itself would be suficient
cause for demurrer. But passing this over.
The President is convinced that be cannot
longer have a. one Of his advisers, Mr. Stan
ton, and believing he has the lawful right 10
remove him he issue the order TO Gen. Thomas
He CIR. o. did not look upon the order as a
purely military order. II was In some natnrs
civil bot the spirit Of obedience which urevsSIs
among military men induced Gen Thom.s
10 DO kts duty and obey the order OF his sn..s
Yk<r. "a txy A r fkfthful kdsnt.ux n. eNPe-