Year: 1868




mented upon by tue city press, which
says it is evidently calculated to create
suspicion that the returns are being tam.
pered with. Further returns give a slight
ly increased democratic majority in the
city and parish OF Orleans for the munic-
ipal and State ticket Thirteen parishes
give majorites against Constitution, and
six in favor of it, two or thee of which
give very large majorities, while those
against are small. The esult in the
State is still extremely doubtful.


WASHINGTON, April %.


During the illnesss of Mr.. Stanbcrry,
he has from time to time dictated to his
secretary the position and points which
he had in contemplation for his speech /;
and as there is some doubt whether he
will be able to appear before the Senate
his argument will be filed at a consuta-
ton of the Presidents counsel to-day
The understanding was that Mr.. Nelson
would follow Mr.. Boutwell, to morrow,
and Mr.. Evarts will make the closing ar
gument Mr.. Stanberry's health is much
improved TO night.


The Court opened at III a. m. The
Chief Justice stated the first business to
be an order offered by Mr.. Sumner, al
lowing the managers for the House and
the counsel for the President, to file a
written or printed argument before the
oral argument commences. Mr.. Nickers
offered an amendment, proposing to al
low such of the managers as were not
authorized to speak to file written or
printed arguments, or to make oral adj
dresses and the counsel for the Presi-
dent be allowed to alternate with them in
so doing. The substitute was agreed to
by vote Of 26 to 20, and the order, as
amended, lost by 81 to 26. Mr.. Curtis
stated that Mr.. Stanberry's indispositon
was such that it would be impossible for
him to take any further part in the pro-
ceedings. Mr. Stevens inquired if there
was any impropriety in the managers pub
fishing their arguments, 1t was finally
agreed that as many of the managers and
counsel as desired to do so would be al
lowed to file written arguments, or address
the Senate orally, provided the final oral
argument be made by one person only
Mr.. Boutwell, then rose and said


{" Mr.. President and Senators You
may now anticipate the speedy conclusion
of your arduous labors The Importance
of this occasion is due to unexampled
circumstance that the trial is that of the
chief magistrate of the principal republic
Of the world, and its solemnity is due to
the circumstance that this trial is a new
test of the national virtue and strength
of apopular government. The object of
this proceeding is not the punishment Of
the offender, but the safety of the State,
as the daily example of wise and Just
magistrate is an example for good, so the
conviction Of an uui5iitAful officer is Il
warning to all men that the issues be-
tween the House and the President a-e
technical, and have been Denied but we
have met and maintained them by con-
elusive evidence. Your final action in
wolves and settles questions of public
policy Of greater magnitude than have
been considered in the political or judc-
ial proceedings of the country since the
adoption Of the Constitution"


He then proceeded to review the diff
ferent articles, supporting them at great
length, and contending that the Tenure
f-ofiice act was constitutional and said
that the President had no right to ques-
ton its constitutionality, his duty being
to execute. Contending that an examina-
ton Of the Constitution shows that the
executive and judicial departments have
no inherent vigor, by which they per
form their functions, while the Legislature
department is clothed with authority to
make all laws necessary to carry into ex
ecution all powers vested by the Const-
tuition in the government, or any depart
ment or officer thereof 1t has original
power from the Constitution, whilst the
other departments are constantly depend
ent upon it.


He then maintained that, in this trial,
no Senator had the right to be governed
by his own opinion as to the consttu-
tionality or expediency Of the Tenure Of
Office act and that if the President may
refuse to execute the laws, because, in his
opinion, they are unconstitutional, then
he and his successors may refuse TO exc
cute the laws not sanctioned BY the Su-
premo Court,


lie then noticed the claim set up 10y the
respondents counsel that the order was
not a military one but invoked a militia
ry spirit of obedience, the counsel said,
which he would have declined altogether,
without subjccting himselfto punishment
by military tribunal, If this was the
case, the respondent would have been
guilty Of violating the law Of March 2nd,
1867; and if he declared it was not n
military order, then the transaction was
in the nature of an agreement between
the parties The President knew his pur-
pose was unlawful, and he induced Thom
as to cooperate with him. Thomas
might be excused from Ignorance, but
there was no such excuse for the Presi
dent, it being proved that he was cngag-
ed in an unlawful undertaking; and his
purpose was also unlawful, and the con
spiracy is established.