Year: 1868

tat there can Dc doubt. The next question: ana the
only question OF construction Of oonstitutlOnay Is
whether the Secretary OF War within the nrst section ol
the act The office OF Secretary Of War Is undoubteay
the PROVISION concerning the office Is Of s9sh % force force
and effect as to hold Mr. stanton IN the oinee
terms the argument that if Mr. stanton is not within the
proVlso then he IS within the body OF the seci9n n
pies over this aacy The question IT, whether the once
aSe S e St war is within within the % ST
the question whether Mr. Stanton In IT, whether Mr.
Browning Is In H. or not not question OF Constitution


Mr.. EVARTs proceeded to argue at some length on
this point TO prove that while the Ienure-oi0hce act
applied 10 the Office OF secretary of War; IL did not nor
time being.


Mr.. EvARTs resumed-Let now consider what the
President did Assuming that the statute covers MI
stantOn's case and assuming that the removal of Mr.
stanton was prohibited by IT, have said TO you that Mr
Stanton had appointment TO the Office dependent
on the Presidents pleasure. He claimed or others
claimed for him that he had tenure depending ON the
statute. The question of dependency the statute
question 10 be weighed and determined novel
one The question OF tenure by appointment was un-
debateable. The President proposed To put hiinsel Ia
the attitude OF reducing Mr. stanton TO his
statutory tenure, and therefore he issued
n paper which is revocation OF BIS
commission and recall OF the Office
The President thus peaceaby in writing. and decor
That was a recall of the title derived from the Presi
dental "a, nobody can doubt re
force 10 terminate Mr. stantons statutory te did
he having thus reduced him TO the condition Of his
statutory title propose test that title It Is enough To
say that he did not do anything IN the way Of force tna





Gen sherman, that Mr. Stanton would yield the office
But Mr.. stanton did not yield 1t. The grounds upon
which he put himself III August that his duty re-
quired him 20 hold the office till Congress met.


do not propose TO weary you with review OF the ev
and It would asonish you you have not already pc
rused the record 20 how much depends the argu
and debates OF counsel and how little Is included IN
the testimony All your attention has been turned to the
simplicity, and the folly perhaps OF the conduct OF Gen
Thomas. All your attention must nave liked Itself on the
fact that prove this threatened coup dedt overthrow
the Government OF the United States and get control Of
the Treasury and War Departments the Managers had
TO go 10 Delaware TO prove statement OF MT karsener
that 20 days afterward Gen. Thomas said he would KICK
over H. The coup cat in Washington, prepared on the
2lst of February, proved by Mr. Karsener, who Is
March,. in in i'T the east room Of the White House
Gen. Thomas said he meant to kick Mr.. Stanton
Well now, that phrase disrespectfu as II is ana
intimatng force, Is rather OF personal than OF ma
tonal act think So 1t comes up to breach OF the
but does not up that Kind OF proceeding by
which Louis Napoleon seized the liberties OF the trench
Republic. We expect from the heat with which this
impeachment was accompanied we would nnd some
thing OF this character The Managers did not neglect
little pieces OF evidences s shown by their production
OF Mr. Kasener and that they found that and produced
~ sharp point OF their case, then we may DE sure
there nothing else There Is no brisDg OF Dayonets
under the hay-mow, you may he sure Are there any
limits OF discrimination III transactions or state
pnShc fears. public fi fmenacesi Undoubtedly then
may be, and undoubtedly many persons who voted for
supposed there were ana S @ tne
parchment took II for granted that there was some
thing TO appear There was no defect OF power m or
OF will on the part Of the Managers to SIT 1t all
Every channel OF public information was searched
The newspapers seem to be ardent ana eager enough
10 aid this prosecution All lhe people ,S 0i @ tle
United states united in Il. Theyloye their liberties
and they love their Government ana II ANYBODY
knew of anything which would bear on the question OF
force and coup ~ eidf would have heard Oi IT. We
must then submit with great respect that on TINS ey
dence. and this allegation there Is no ease made out
OF evil design OF kind, and no act made out wnlch Is
an 9aco G the law S0T aS S1 e agGe eharGe
IN these attlest You must say that the president
guilty OF high crimes and mlsaemeahors py reason 0l
charges made and proved; guilty OF what the Consttu


ton sufficient cause for the removal OF the Pre-
you not TO reach over from one article to another
you arc 10 sav guilty or not guy upon eac article as II
20 seaE ana az yHah the 90 premises ssarsa and
ed you treat the President Of the Uued states
cent OF every thing II he OF good pOlucs and
Of good conduct you are 70 deal with him under your
OF the accusation and OF the proof You are 10 deal
with him as n II were President Lincoln or Gen
eral Grant who was charged with the same thing


II the power OF removing Mr. Stanton under the former
practice OF the Government, unrestricted by their civil
Tenure act existed IL existed during the session as well
during the recess II hat were debatabe and dsput
able the prevailing opinion was hat covered ana me
Inoyals during the session.


ask you TO agree with me In this that the Presidents
personal OF character and the circumstances OF his
career have made him IN opinion what lie Is. without
learning as 1t is said by his biographer never enjoying
gec pursuits In the service OF his state as commended
him 20 the favor OF his fellow citizens and raised him
step step through all the gradtons OF the public ser
vice on every trial OF fidelity 10 his origin and TO the
common interest he proved faithful


Now, he ~ no rhetorlcan, no theoris no sophls ana
no philosopher The Constitution s Ia him the only pO-


tca book that he reads the Constitution Is 10 him the
In arms against the rebeous forces Of the enemy and
to 1t he has bowed three times day with more than
Eastern devotion. 49,.


This then Senator'S the issue-not OF politics but OF
personal guilt, within the limits OF the charge whoever
decides IT, decide upon that responsibility, which
belongs mhictoe OF actual and real punishment upon


Let us carry through this trial so that the people may
feel that the Constitution has received no wound wound
through this Court OF ast ana pest resort IN ts
selves back to the spirit, and the purpose ana the
wisdom and the courage OF s The trainers OF he the
hands how safe Is II with your hands,
II you 10 enter into their abors and see and feel
how yOur work compares in durability and eXcellency
with theirs Indeed familiar has the course Of this
argument made us with the names OF tho Gfea, Gnsl,
Congress, that could some times seem
TO think that the presence even OF the was
that from Massachusetts, we had Adams and Ames
and from Connecticut sherman and Ellsworth
and from New-York Hamilton and Ben
son. that they TO determine the case for u.s. act
then as IL under tnis and majestic presence your
deliberations were be conducted TO their issue and the
Constltutian TO come out from the watchfal solc
own Judgment in tins High Court of Impeachment.


At five minutes before the Senate took recess OF 10
minutes After recess IL nearly $50 before MI Stah
berry commenced his remarks the roll IN the meantime
having been called Mr stanbery PreisfSSa Geo erS 1 rS
as he could be understood that although In feeble health
an Irresistible impulse urged him on, unseen, Dut
friendly hands sustained him. and voices inaudlbe TO
others he heard Whispering OF seeming To say Feeble
champion of the right hold not back-remember the
race Is not always the swift nor the battle To the
strong; remember. single pebble from the brook was
enoug 10 overthrow the giant deed the armies OF
Israel" He proceeced follows, substantially depart
ing occasionally from the the text The prepared speech
gwen below:


MIR. srASBERrs CLOSING ARGUMENT.


MR. CHIRF-JUsrI AND SENATORS: IL Is the habit o.
the advocate magnify bis case but TINS case Dest
speaks for itself For the first time in our political exi
tence the three great departments OF our Government
are brought upon the scene togetherthe HOUSE OF he
rescuayes the accusers the President OF te Unteu
states as the accused the Judiciary Department repre-
sented by head In the person OF the ana
the senate OF the United States the tribunal 70 near