The Vermont transcript. [volume] (St. Albans, Vt.) 1864-1870, 1868-03-27

five minutes having been occupied in
/ the process of seating.
At the same time Messrs. Stanbery,
Evarts, Nelson and Curtis, of the Pres
ident's counsel, came in and took seats
around the table at the right Of the
( Chief Justice, Mr.. Stanbery occupying
+. the head. Mr. Grosbeck takes the place
OF Judge Black. who is not present.
Nothing is heard or seen of Mr.. Sweat
who has been announced in some papers
a. having been retained for the Prcsi-
dent.
Work BcSun.
Silence having been resumed, Mr.
Doolittle, who had not heretofore been
present to take the oath. was called to
the bar, and the oath was administered
to him by the Chief Justice. Secretary
Forney then read the journal OF the last
Court.
The galleries by this time were fully
occupied. 1t was noticed that few
cOlOred people of both sexes wercs prink-
led here and there throughout the au-
dience. The diplomatic gallery was also
full. The reading of Journal occupied
fifteen minutes, during which the Man
ayers and the Presidents counsel paid
the most studied attention.
Attempt to Block the Wheels.
When the reading was finished Mr.
Davis arose and offered a resolution in
writing TO the effect that as the part of
The States were not represented, court
for the trial of Impeachment could not
be legally organized until all the States
were represented.
Mr.. Wilson, Of the Board of Managers.
instantly rises and moves that Mr. Da-
Wis motion be not received, and Mr.
Davis was quashed, having no votes for
his proposition except his own and that
Of his colleague, Newman McCreery
Mr.. Stanbery, then rising and saying,
with some feeling, that the Counsel.
owing to the short time given, have
worked without intermission 70 its prep
aration, submits the Presidents ans
wer:
The answer to Article |, is that the
Secretary of War, by the Constitutions,
holds the office at the pleasure Of the
President, having been appointed by
Nj. Lincoln before the passage of any
act regulating the tenure of Office.
That not having been removed or re-
commissioned he still holds the office at
the pleasure Of the President: that re-
latiOns with the President became such
that usefulness rs the head of an EXecu-
tive Department was impaired and that
the President therefore thought he
ought not TO continue TO mold that posi-
ton.
1t recites that in August last, note
was addressed 10 the Secretary asking
him To resign, which he declined and
gives Mr.. Stanton'e lettnr in answer 70
that request. and relates the incidents
nf the frs rcrpnx-af ASSERTING rho 1sitrhr
of the President to remove any eXecu-
tive officer
Referring to the first section Of the
Tenure-of Office act, he declares it i'm
perative and void. owing To its conflict
with the Constitution, and further in
sists that if valid said act does not effect
the case of Mr.. Stanton. The President
wants to avoid the responsibility of the
construction Of that act and 10 bring it
before a judicial tribunal competent to
announce it imperative.
The paper then proceeded to recite
the facts of Mr.. Stanton's final removal,
giving the correspondence and arguing
the right Of the President to appoint
Secretary dd interim, not until the
meeting of the Senate nor until action
thereon, but at his pleasure or for six
months time.
first Of February, was lawfully in posses
sion of the office of Secretary of War,
and denies that he is lawfully entitled
to hold that office denies that the order
of removal was issued in coutravention
of the Tenure-of-0 Office Act, or was in
tended to be so issued.
Mr.. Curtis, who, after Gen Stanbery'S
PREDATORY remarks, read the answer to
the first Article, was sometimes almost
inaudible, owing to the hustle in the
galleries.
Mr.. Stanbery proceeded TO read the
answer to the Second Article, which
AYERS that the time cited in the article
of appointment of Gen. Thomas there
was a vacancy in the office of Secretary
of War al interim, and in similar terms
answers the third and fourth articles,
denying unlawful intention inthe act of
authorizing Gen. Thomas to act as Sec
rotary ofWar.
The answer proceeds to deny that it
was contemplated or directed that Gen
Thomas should use any illegal means to
obtain possession of the War Office, or
any other means than are set forth in
the order of appointment, or that it was
authorized orintended that any military
force should be used to obtain possession |
of the office, records or papers thereof.
In answer to the 5th Article he denies |
that he had authorized Gen. Thomas or |
any other person to hinder or obstruct |
the acts ofCongress denies any conspi |
racy with such intent and excerpts to |
the article that it lacks direct specifica- |
tons as to facts and parties in the al |
legged conspiracy.
He replies to the sixth article in SINH |
lar terms and to the seventh he denies /
having committed the high crimes and |
misdemeanors set forth in the article
and takes exception and sufficiency of |
the specifications.
To the Eighth Article he answers for
mally, and to the Ninth denies the ale
cations of conspiring with Gen. Emory,
and gives history of their interview,
referred to in the article, and goes on to
say that his constitutional powers cam
not be taken from him or impaired'by an
actof Congress, and repeats the objec-
tons he had urged in his message to
Congress about the act mentioned by
Gen Emory.
Mr.. Evarts read the answer to the
tenth article, which denies that the ar
ticle correctly represents the matter
and language of the Presidents speeches
in Washington, Cleveland, or st. Louis,
and demands that if the court decide
tuat SUCH Spetcnc5 CCutaiU InuJltf cog
nizable by this body and constituting
misdemeanors in office, within the
meaning of the Constitution, and shall
allow proof in support of the same, such
proof shall be of competent witnesses
who heard the words charged.
1t continues to assert his liberty of
speech, his right to express opinions con-
corning public events and AYERS that
any thing he may have said in public
speeches was in the exercise of his right
as an American citizen.
He says what is expressed in his pub
lie speeches is substantially the same as
embodied in his official communion
tions to Congress.
He animadyerts upon the difference
of opinion between himself the respond
ent and Congress on the subject of re-
construction and claims the right, as