Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-23
FORTIETn CONGREss.

luU1t1uCS tu8t S0ID tk114 - t0oS u tue
Chief Magistrate Of the peiscipsl Republic
that this trial is . new test of
national virtue and the strength Of popular
government
The President assumes for himself and
his SUCCESSORS absolute control over vast
and increasing patronage in the Govern
ment. This claim, II sanctioned, strips the
senate of all practical power over removals
and leaves the revenues and expenditures Of
the country in the hands Of the President
alone no accountability remains in any
branch OF the public service; no security
for fidelity in the army and navy; no seen
riiy for the collection of the revenues. By
the Constitution the people vested discre-
tinnary powers, limited, it is true, in the
Congress of the United States, while they
have denied to the Executive and Judicial
departments all discretionary or implied
power The Executive power, that which
is conferred upon the President by the Con
siiution, Is limited by the terms Of the Con-
sritution, and must be exercised In the man
ner prescribed ia the Constitutions; the Pres
ident's power being specified, and as he
takes nothing by implication, there was no
occasion to recite or enumeYate the pow
ers not delegated to him. He can
exercise these powers only, which are spe-
cially conferred, and can take nothing by
construction, implication, or what 10 termed
the necessity OF the case. Tho Executive
must take the law and administer II 40 he
flncs II. without inquiring % TO the wisdom
oil the legislation. II Ii mot within his pro-
nounce TO consider whether law 10 consti-
tutional. When statute 10 annulled by .
competent tribunal it ceases 70 be law /;
until then it must be executed. II the Sen
10 ;ss tkSo epSa1 Snrssspo Swhoehne n In -
| 10 constitutional, then the President u tried
for his judgment and may be acquitted ifthe
Senate thinks bis judgment was correct. or
be convicted II, In the opinion Of the Senate,
his Judgment WAS erroneous. 1t IL not the
right OF any Senator TO be governed by any
opinion he may entertain Of the consti
tutionality or expediency OF the law
The President cannot plead his motive. lie
has no right to entertain any motive con.
tfary TO bis constitutional obligation 10 ex
ecute the laws, otherwise the execution oil
all laws are dependent UPON bic opinion Of
their constitutionslity. The assertion
that the President desired TO test tho mattel
in court was Q pretsxt; up TO this time No
real steps have been taken by him In thai
direction. He never designed to test hii
the ofYlces Of the government for the pur
poses Of corruption. and by their Influence
to enable him to reconstruct the Union IN
the interest OF the rebellious States. HI
resorted to this usurpation as q necessary
means of restoring the Government Il
: rebel hands The provisions OF the con-
{ stitution relating TO appointments were Their
r considered and authorities given, to show
I that no removals or appointm snts can b3
made by the President except in concur
, renee with the Senate Previous TO the
passage OF the Tenure Of Office Act he hat
removed hundreds OF public officers. to the
; dclriment OF The pubic service, and ap
pointed others who in the internal revenue
service alone have caused lpsses IL the GOV
: eminent OF not less than f25 ,U00,0 900 year
: for years. The psssqge of the Tenure Of
I Office lsill has proved Intellectual as q com
plete remedy and now the President asserts
his right to violate it altogether And by
his Interpretation OF the constitution as
eumes absolute and unqualified power oveI
, , all the Offices in the country. The remova
OF Mr.. Stanton is the particular
crime OF the President for which hi
conviction IL demanded BY his con victor
ne Government will be purified and re
tstored by his acquittal the u government viii
be surrendered into the hands Of q usurp-
ing and INSCRIPTIONS man. The President
is man OF strong will, violent passions
| uuu utuottAOus vi IL a CupdCtty VI
employ and use timd adhesive men, sub
servient men, and corrupt men. as inslru.
ments OF his designs.
II Is the truth Of history that he has in
jured every person with whom he has had
r confidential relations. He attacks to de
stroy, all who will not become his instru
menis, a I'd all who become his instumen Il.
|, are destroyed in the use. He spares no one
. The Presidents counsel said that MIR
!, Boutwell,, who opened the case, is involved
in difficulty about articles 4, 5. 9 and I
known as the conspiracy articles, and hi
remarks imply that articles aud Z were
not based upon any law. II is not ALLEGED
in the articles that this conspiracy is against
any particular law, but i, is alleged that the
parties did unlawiully conspire that ih.
President was engaged in an unlawful &C,
10 get out Stanton, and he induced General
Thomas To Conspire with him. General
| Thomas ignorance of the illegal nature Of
the transaction furnishes no legal defense
tor him, though morally il might be an ex
cuse for his conduct. But the President
who knew this to be an illegal act, cannot
excuse himself by ass. ring that his cocoon
sprator Was at the time ignorant Of the il
legal nature Of the business in which they
were engaged. The various acts of sus.
pending S,anton, appointing Grant, tender
/ lux tuC DidtC VI ul0us tuc pIblOOIOu
OF the latter. and also OF General Geo. II
Thomas we're recited TO show that these
were merely decisions To prepare way fol
the introduction into the War Office Of one
Of hie own creatures As TO the speeches
of the President, that evidence was put ID
simply to show that Q man who could utteI
such words Is unfit for the Office he holds
and 10 designed to impair the just authority
OF Congress
Mr. Boutwell, then took up the eleventh
article, and passed in review the action oil
the President on the reconstruction laws,
which, be claimed. was devoted to prevent
ing . reconstruction Of the Union upon any
other plan than that which h he'd inaueu.
rated. His criminal ambition Was TO OBJ
tain command Of the War Department and
TO control the elections Of 1858 In the ten
States not yet restored to the Union, while
with the War Department in his hands and
the tenure Of Office oct broken, be would be
able TO remove Gems. Grant, 6herman, OF
any other officer who stood IL his way, and
all TO bis own personal advantage. Under
the circumstances, Il 10 certain he would &C.
cure nfst the Democratic nomination, and
second, the electoral votes Of these ten
States This done, he had only to secure
j enough OF the States represented in Con.
greoe. and nc would DEFY the House and Sen
ate should they attempt To reject the votes 81
the tea States. He would be sustained by his
friends and supporters. by the War Depart
men', by the Treasury Department. and
army aud lazy, and would have been inau-
| guratcd on the 4sb Of March next as fresi
dent Tor Jour years.
Mr.. Boutwell, then detailed the effects OF
Mr.. Johnson's course IL seen in the condi.
ton Of the South; contras,ed his case with
several other public officers who have been
impeached in this and other countries, and
appeal led 10 the Senate tn do justice. lie
closed by saying that his convection would
BE- The triumph of the law. Of order, of JUS
,icc. l do not conif mpiate his scquittal.
l, is Impossible; therefore DO not look b..
you'd
A four O'Clock Mr. Boutwell,, At the sug-
gsstion OF Mr.. Conkling, yielded TO the mo-
ton TO adjourn, stating that he would oc-
cupy about an hour and half tomorrow
and 40 the court immediately thereafter
adjourned
Senate adjourned.
| Housr.--No business u any kind Wat
done to-day in the House. which in Com
| mittee of the Whole was in attendance on