The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-04-16

essential to their case to maintain
this position, but deem it plainl,
proved. Curtis then enumerated
some of the considerations wilicl
had influenced the president.
The Senate took recess Of 2
minutes.
On re-asscmbling al ESQ. Morril
moved TO adjourn negatively b,
90 to 25.
Curtis resumed his argument: an'
claimed that the power Of remova
being subject tolegislative; encroach
ment had at least never been estab
lished so clearly that to act in oppo
sition to that view was presumptive
ly crime. He then advanced til,
argument that to apply the ten.
ure of Office TO Stanton would violat,
the agreement Of the Senate in al
lowing him to hold Office during th,
pleasure ofthe President. Recapitu
lating his arguments to prove tn.
President could not be impeachef
for an act designed merely Il
procure a legal decision on /,
disputed point. He quoted
from Buffers speech to show that
the managers admitted this view
and claimed that the reasons for re
moving Stanton as assigned BY the
President was an after thought and
he was estopped from now alleging
it bycertain things he had done and
said previously. He argued the rule
Of estoppel was of very limited ap
plicatien and could not be used to
convict a person of crime The
President avoided completely with it
but when proper occasion arose he
asserted his own views, without be.
ing prejudiccd with former actions in
regard to lesser matters.
The connselbcgged permission to
suspend his remarks till tomorrow
as he was greatly fatigued, the court
accordingly adjourned at 3:45 and
the Senate went into executive SEES.
sion and soon after adjourned.
Washington, Apr. 10.
HOUSE.
Several private bills were received
from the Senate.
Resolutions were rdopted direct
ing the committee on appropriations
to inquire into the expediency Of de-
fining more accurately the time and
manner of carrying unexpended ap-
preparations to surplus funds.
Loughridge Introduced bill to
DECLARE Iowa river above Wapello,
unnavigable.
The speaker announced that after
reassembllng no business would be
done other than the presentation Of
several executive communications.
The House then proceeded to the
impeachment trial.
The members at 20 minutes past 8
o'clock returned to the House.
The Speaker laid before the House
several executive documents.
Adjourned.
SENATE
After prayer the chair vas vaca-
ted for Chief Justice anil court OPEN
cd.
Journal Of yesterday read.
Gallery about half filled.
General Sherman again occupied
a seat ON the floor.
Mr. Curtis Of the counsel for the
President resumed his opening ut Is
minutes past two.
Curtis commenced by referring to
the statement by Butler tha; the
Presidents letter to the Secretary Of
the treasury. notifying him of the
suspension Of Stanton, claimed no
Qualification of his authority under
the constitution. He read the letter
and claimed it did specify under what
the president acted.
The charges made in the second
article was then discussed by Curtis,
who proceeded to argue that STAN
ton did not come within the pro,
visions Of the section alleged TO be
violated. The case, he claimed, was
outside Of its provisions. But, said
Curtis, the main charge of this arli-
Gle is that the letter OF authority was
given without authority of the law.
the act of 1895. he claimed
it applied to vacancies OF alI kinds;
and the act Of Feb. 90, 1862. applied
to vacancies arising from sickness
and temporary inability; and only
to that extent repealed by former
law, under which..the president had
full authority for the act referred to.
In reply to the charge made in the
third article that the designation of
Gen Thomas as Secretary Of War, I'd
interim, WAS in violation Of the con-
stitution. Curtis cited acts of 1892,
and others which authorized the
temporary filing of vacancies with
out making any distinction between
occurring during recess or
when the Senate is in session. The
eighth article, Mr. Curtis claimed,
was met by his answer te the third,
and proceed to consider the fourth
article. The charge made Of appoint
ng General Thomas without the ad-
rice and consent of tho Senate could
not be sustained; because no appoint
nent was made. A simple commits
ZION to act was not an appointment,
and could not, of course, be
submitted to the Senate the allega.
lion that no validity then existed Is
begging of the question, the vacan-
~ was created rs soon as Stanton
received the order removing him.
He then CLAIMED he had shown the
that they could not main-
tain these charges Of the violation of
the constitution and laws, and pro-
reeded to consider various charged
conspiracies for this purpose, he said
he would take up the 4th 5ih 9th
and 7th articles together with the
ith and 9th which charged conspira-
y between the President and Gen
Thomas to obtain by force and in
timidation possession Of the War OF.
ice and Government property are
based on conspiracy yet while by its
term has no application to any per-
son in the District Of Columbia for
It speaks only of States, and terri>
lories of the u. s. Ii was also i'm.
possible to show that the President
ever did directly or by implication
give Geu Thomas authority to use
Iorce Or intimidation. The 5th and
7th articles would b. answered by
his arguments against tho tenth,