The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-04-30
BOUTWELL's SPEECH.
Washington, Apr. 70.
SENATE.


The court opened at II o'clock
The Chief Justice stated that the first
business in order was the resolution
offered BY Sumner, allowing the man.
ayers for the House and the counsel
for the president to have leave to file
written or printed arguments before
the oral argument commences.
Vickers offered an amendment,
proposing to allow such of the man.
ayers ~ are not authorized to speak
to file written or printed arguments,
or make oral addresses, and the coun-
sci Of the president to alternate with
them.
! Curtis stated that Stanber-
sys indisposition was such
&t it would be impracticable for
to take any further part in the
eeedings.
The substitute was agreed to by a
vote of26 against 20.
The order as amended was then
lost Fl to 26.
Stevens then inquired ifthere was
any improperly in the managers
Publishing short arguments
Il was finally Agreed that as many
OF the managers and counsel for the
President as desired be allowed to
nile written arguments, or address
the Senate orally, provided the final
oral argument be made by one person
molly.
Mr. Boutwell, at 10 minutes before
10 o'clock addressed the Senate
Mr. President and Senators. You
may now anticipate the speedy con-
clusion of your arduous labors. The
Importance Of this occasion is due to
the unexampled circumstance that
this trial is that of the chief
magistrate of the principal Re-
public ofthe world, and its solemnity
10 due to the circumstance tha. this
tria is new test of national virtue
and strength and of popular govern
ment. The President assumes for
himself and his succuccessors abso-
lutte control over vast and increas-
ing patronage in the government
This claim sanctioned strips the
Senate of all practical power over
removals, and leavs 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 security for the collection
OF revenues. By the constitution its
people vested discretionary power
limited it is true-in the Congress of
the U. 8. while they have denied to
the exective and judicial departments
ell discretionary or implied power.
The executive power, that which is
conferred upon the President by the
constitution, is limited by the rms
OF the constitution, and must be ex-
ercised in the manner prescribed in
the constitution. The Presidents
power being specified, and as he
takes nothing by implication, there
was no occasion to rcclte or enumer-
ate the power not delegated to him.
He can exercise those powers only
which are specifically conferred, and
can take nothing by construction,
implication, or what is termed the ne
cessity of the case. The executive
must take the law and administer it
as no finds it, without inquiring az to
the wisdom of the legislation. 1t is
not within his province to consider
whether law is constitutional
When statute is annullsd by com
petent tribunal, it ceases to be law;
until then it must be executed. 1t
is not the right of any Senator to be
governed by any opinion he may en-
tertain Of the constitutionality or ex-
pediency Of the law.
The President cannot plead his
motive. He has no right to entertain
any motive contrary to his constitu-
.ional obligations to execute the
laws; otherwise the execution of all
laws are dependent upon his opinion,
OF their constitutionality with the
assertion, that the President desired
to test the matter in court was
pretext. Up to this time, no real
steps have been taken by him in that
direction. He never designed to test
his rights in the court. His object
was to seize the offices of the govern
ment for purposes of corruption, and
BY their influence, to enable him to
reconstruct the Union in the interest
OF the rebellious States. He resorted
to this usurpation as a necessary
means Of usurping all power and
restoring the government to rebel
hordes. The provisions of the con-
stltution relating to appointments
were then considered and authorities
given to show no removals or ap>
pointments can be made by the
PRESIDENT, except in concurrence
with the Senate. Previous to the
passage of the Tenure of Office Act,
he had removed hundreds of public
officers, to the detriment of public
service, and appointed others, who,
in the Internal Revenue service alone,
has caused losses to the government
Of not less than $25,OO0OOO year
for two years. The passage of the
Tenure Of Office bill has proved
Intellectual as complete remedy, and
now the President asserts his right
to violate it altogether, and by his
Interpretation Of the constitution
assumes absolute and unqualified
power over all officers in the country.
The removal Of Mr.. Stanton is the
particular crime of the President for
which conviction is demanded, and
by his conviction the government
will hA nurified and raaforod Ru