The New York herald., 1868-04-11
PROCEEDINGS OF THE COURT.
Eleventh Day.
UNITED STATES SENATE CHAMBER,
WAauuNdTON uriI IN 1919


WASHINGTON, April 10, 1858.
The President pro tenn. called the Senate to order
Prayer was onered by the Chaplain.
The chair was vacated for the Chief Justice and
the court was opened by proclamation In due form
at five minutes past twelve, whereupon the Man.
ayers and members Of the House were successfully
announced and took their places. The journal Of
yesterday was read. The gallery in the meantime
had become about half filled. General Sherman
again occupied seat on the noor.
Mr. Curtis, Of counsel for the President. resumed
his opening ut fifteen minutes past twelve O'Clock
What with the buzzine conversation OF uninterested
newspaper correspondents and others in the gallery
and the reporters remote position occasional mper
fections may be found In the report.
Conclusion Of Mr. CurtiS Argument for the
Defence.
Mr.. CURTIs-Mr. Chief Justice, among the points
which omitted to notice yesterday is one which
seems to me Of specific importance, and which In
duces to return to it for few moments. you will
indulge me will read q short passage Of Saturdays
proceedings. In the course of those proceedings Mr.
Manager Butler said "It will be seen, therefore, Mr.
President and Senators, that the President of the
United States says In his answer that he suspended
Mr.. Stanton under the constitution indefinitely and
at his pleasure. Ipropose now, unless it be objected
to- to show that II Is false, under his own hand, and
objection, will read. will read the signature
which was identified by G. E. Creepy. Then fol-
lowed the reading Of the letter. which Is this:-
compliance sSs sss'S section 1sai q
s ae os
the 18th Edwin H. Stanton was suspended from
s e sn S w a.s al
'r'm. am sir, very respectfully youS, ,ouxsox
/ Hon. HueH MocuLLooH, Secretary Of the Treasury.
This letter was read to show, under the hand Of
the President that when he says in his answer that
he has removed Mr.. Stanton by virtue Of the Tenure
of ONCE act that statement was falsehood. Allow
me now to read the eighth section Of that act:-
That whenever the President shall without the
consent Of the Senate desgnste authorize or employ
ana ss
the duty Of the Secretary Of the Treasury thereupon
officers in his department
The Senate will perceive that this section has
nothng not & 70 O GO with 'e suspension Of an oilcer
the President, without the advice and consent
OF the Senate, shall under any circumstances
rsriiy the duties Of the ONCE, he is to make
report OF that designation to the Secretary Of the
to the accounting officers. The section applies in
terms to and includes all cases. 1t applies to and
includes the designations on account Of sickness, or
absence resignation, or any cause Of vacancy,
whether temporary or permanent, whether occurring
by reason OF suspension or removal, and, there
Treasury, al give you notice that have designated
General Thomas to perform the duties dd interim OF
Secretary Of War;" he makes no aluson by force Of
that letter to the In which that vacancy oc-
Cured and therefore, instead OF showing under the
Presidents own hand that he has repeated false
Mr.. BUTLER-wnl you read the second section, II
you please-the first clause of the second section
Mr.. CURTIS (reading)-''That when an officer ap-
pointed as aforesaid excepting Judges OF the United
States courts shall, during the recess of the Senate,
&C. the President is allowed to suspend such ON,
cer." Now the President states In his answer that
Mr.. BrrLER-Thal Is not reading the section.
Mr.. CURTIs-I am aware that IL Is not reading the
section. II IL a very long section.
Mr.. BuTLER-The first clause OF the section Is all
Mr.. CURTTs-It allows the President, because OF
crime or other occasion designated in IT, to suspend
the onicer. The section applies to ali occasions,
whether suspension under this section, whether
temporary disqualification, sickness, death, resgna-
tion-no matter what that cause may be--if for any
reason there Is vacancy he Is authorized to desig
nate person TO supply the Office al interim, Of
essurp ToIs Theeope repeat I shat ss ol .as
matter OF this eighth section and the letter which
the President wrote In consequence OF it, has no
reference TO the subject OF the authority upon which
ne removed or suspended Mr.. Stanton. / now ask
the attention Of the senate TO the second article; and
substance OF this article is. hope the Senate viii
be able to see how every one Of these allegations
and sS sa S Ssa Ss enabled in as TIE sss
we propose to offer by way Of proof in
respect 70 each Of them. The first substantive aega
ton In this article IL, that the delivery OF the letter
OF authority 10 General Thomas was without the au
thorty Of the law; that 1t was an Intentional VIOLA
tonal violation OF the constitution OF the United
States, and that the delivery OF the order to General
Thomas was made with intent to violate both that
ACT and the constitution OF the United States. That
II the substance OF the second article. Now the
senate will at once perceive that, II the suspension
OF Mr.. stanton not violation of the act in point
Qf factor to state Il In other terms II the case OF
Mr.. stanton Ia not within the act then his suspen-
sion or his removal II he has been actually removed
is removal which did actually take place and would
not be violation Of the act, because II his case
is not within the act at all, which does not apply 10
the case OF Mr. Stanton of course bis removal Il not
III violation or that act II Mr.. Stanton continued
TO hold under the commission which he received
from President Lincoln, and has continued 10 hold
under the act OF 1Tsp, II was no violation OF the
Senure OF ONCE act that Mr.. Johnson removed or
inttuded TO rsnioye Mr. stanton. and therefore TIE
senate VIII pefccye that IL is nocesAary 10 come