Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-04-28
T TO R a5,h.

YATES ~ &Obus
HrsslI apeasshsstlra.y h
WASHINGTON, April 23.-In the Senate
~ order was adopted fixing the hour for
meeting nc IL o'clock.
Nelson resumed his speech and con-
rludsd bis argument in support OF the
proposition that no offenses are impeach-
abtG exeept Ghose deemed ycrimss add
nisdemeanors at the time tho Constitu-
tion was framed.
In the argument Of Nelson to-day, in
the impeachment trial, he stated that
J~udgStbla6k withdrew fromthe case be-
cause the President refused to send yes-
sels to seize the Island Of Alta Veta, he
refusing on the ground Of public duty
against the solicitation of friends and
implied threats of enemies. Nelson
proceeded to consider the articles Of i'm
detachment separately. He held in the
first place, that there was o distinction
made ,bYboth. the conimop aud, ~ststpts
laws! beetHeen crimes md An attetnpt TO!
commit crime. As the Civil Tenure bill
relates only to actual removals from Of
fee, and tho President made none, the
charges made In most Of the articles fail.
| Aside from this objection, which he
| thought should have weight, be. would
| maintain these positions That the Ten
ure Of once law Is void; If not, Mr..
Stanton's case is not covered by it even
| If il is legal n d>applicable.
Tho President was not guilty Of crime
| because hc acted from n laudable motive.
| He quoted at great length from q debate
| on tho formation of the Court, on tho
passage Of the Act of 1889 and from
numerous legal authorities to show that
the Presidents power of removal was
definitely settled by tho action Of Con-
grcss at that time. Ho next considered
the position that Congress has by impli-
cation superior power to tho Executive,
and maintained that no greater power
hgd been granted in that way to the leg
| ~islatiye than to the Executive branch Of
the Government.
At this point the Senate took n recess
for fifteen minutes.
On reassembliug Nelson continued his
relation Of authorities in support Of the
Presidents views on the question of his
power of removal, and proceeded to ar
que that the President had the same
power to construe the Acts Of Congress
as Congress itself, again supporting his
views by numerous quotations MS in all
his preceding argument. He held that
he had proved the Tenure of Office Inv
TO be unconstitutional and void, at con-
siderable length. Nelson then elaborated
and declared that no charge of the case
can DO maintained which alleges q GRIM
inal intent, which he said was not done
except In tho fifth article. r.
The Senate adjourned at the conclu-
sion of Nelson's remarks.
WAsnISaroS, April 24.-In the Sem
ate, the order offered by Sumner was
that the Senate proceed to vote on the
several articles Mt IL o'clock on the day
after the final arguments were concluded:
johnson objected, and the order went
over. -S-.
Under the rules, Sumner then offered
two additional rules, gathered, he said,
from previous practice in impeachment
cases: That in taking the votes of the
Senate on tho Articles of Impeachment
the presiding officer shall call each Sem
ator by namc and ask him, How say
you-guilty or not guilty as charged p
specifying the articles to each Senator.
When the question is so put to him, he
shall rise in his seat and answer
guilty" or " not guilty"
Sumner offered as a rule the twenty
fourth, that in case of conviction by
the Senate, IL shall. DO the duty Of the
presiding officer forthwith to pronounce
the removal from office Of the convicted
person according to the requirements of
tho Constitution, and any further judg-
ment shall be on the order Of the Senate.
johnson again objected, and the rules
went over.
Groesbcck then addressed tho Senate.
He proceeded to consider whether or
not the Senate is now sitting as a Court.
He said he would not discuss it in the
light Of English presidents, but with
reference to our own Constitution which
couutcnanccd neither bills Of attainder
nor irresponsible tribunals to be laws
unto themselves. He first called alton
ton to the fact that the provisions of
tho Constitution as FIRST drafted contem-
plated impeachment for malpractice and
neglect Of duty In office, but those
adopted permit it only for treason,
bribery and ,similar high crimes and
misdemeanors. He then challenged
proof TO SLOW that during any trials
which form our presidents the idea that
the Senate on those occasions styled
itself the Court" He also quoted
Storey. and other authorities to show
the judicial character Of the Senate and
tho qualifications they must bring 70
the discharge Of their obligations. In
reference to their jurisdiction he held
that the only question for them to de-
eide was that of crime or no crime; and
further, that no action could be so con-
sidered in connection with which evil
intention was not brought. He Illus
trated this proposition by considering |
a homicide committed by a mailman,
and the supposition that the President
should violate a law after losing his
reason, and by reference to the acts Of
Mr.. Lincoln In constituting military tri-
bunals in the loyal States, which con-
duct, though pronounced destitute of
warrant by the Supreme Court, had
been upheld by Congress on the ground
that the motive was good. Having thus,
as De claimed, shown the falsity Of the
doctrine advanced by the Managers on
that subject, he said he should consider
the question whether the President had
the right, to remove Mr.. Stanton and
grant q letter Of authority to General
Lorenzo Thomas for on those two is
sues hang the fate of the eight articles.
As to the first point, he held that the
Civil Tenure law did not apply to Mr..
Stanton, because he was not appoi nted
by johnson but even II NJ, Johnson 10
not serving his own, but Mr.. Lincoln's
term, Mr.. Stanton's tenure of Office ex-
pircd one month after tho expiration of
bis 6rst term. IfMr. Lincoln were now
living Mr.. Stanton would BIO removed
by him, and so equally can he DO by
Mr.. johnson, If the latter Is merely sory-
ing, ont the remainder RI his term. In
support Of his proposition that the Pres
ident had the power to remove Stanton
under tho law Of 1889, Groesbeck quoted
49, t.ta..4zr NJ Aln-kn NJ pirkAP- /