The New York Herald Newspaper, April 11, 1868, Page 3

’ NEW YORK HERALD, SATURDAY, APRIL Ui, 1968—TRIPLE SHEET. e 3 wi entirely further conversation to recur under the whole of the | stitutiog. Accordingly, in 1792, there will be | The President is of opinior that Mr. Stanton holds the | the concurrence of two-thirds of the members presen! pa free, and during the whole of it cneanane Batten antes to cae is y whether Mr. Stan. found oa pra of ton at wees ge Ag 4 {var at hie pleasure, Ha thinks There lay to be a judgment tn ease there shall 4 | Garcia seemed to be perfectly in accord, agreeing tcemndly wheter twa aaa and aly Bicone ie Sy Sout ni counae in thé Tenure of Office act, and tha? no tenure | vietton hah not “extant farther een een ook aes tion, to veral the oMice is secured to him; he thinks so, secondly, } from office and d of 1792 to the act of because he belleves that it would be judic! : u a 4 February = Bw ' judicially de- | honor, trust or promt under the United States. Here, 4 i 2 Bi EE, é a is E 4 : 3 a cided if the question could be raised that the law | then, the: crime, a trial Ay Eg ni Tenure etd am laws were di ea to —_ - wo Coveted ee Ob Pe power of Fomoving en Sfounal ‘skint by the eoustitation ta the sey turned e Chjef Justice, whose course % ‘act, still uiry arises whether dim occurrence me sudden pleast constitutional law. | of a court ai viction Trial of President Andrew Johnson fOr | Peschment was crscized by dertett, of course inno | very of tis letter 8¢ utborty to General Thomas | cancles In offee or of some sudden inabiity on the | i188 of opinion that in tls cave ie cannot allow quilt is proved! s Jadginent on that conviction aud. ¢ ’ ie, ‘nO | was a violation of the act. I necessarily ask of the officer to perform his duties; the in- | this ager to continue g Lad his adviser gud lis L punishment inflicted by the judgment of the court, High Crimes and Misdemeanors. favorablé way. Sprague admitted that the views of | your careful attention to the general subject matter tion of each of these laws was to <) Wa ng agel execuie the laws @ has the power a nd this, too, wy the express term of the . is father-in-law on (ec subject were rather unortho- | of this act and to the cular provisions contained | 0 that, notwithstanding this vacancy or tempo- | remove him. Under these circumstances he gives | tion. [say, then, that it is impoasible to come to @ox, but intimatea he (SpFagde) did not init. Senators w ember, Undoubtedly, that | rary the duties of the office would stil be | this order to General Thomas. Now, I do not view | conclusion that the constitution of the United agree | this ‘ag it was finally passed, differed in’ mi discharged. t was the purpose of these laws, It | this as@ purely military order. ‘The service there | has not designated impeachment offences as +] With the Chief Justice on this matter. particul from the bill as it’ was originally in- | is a) it that these temporary vacancies are not | involved @ civil service, but at the same time spins the United States, It has provid v 9 | _ This is about the substance of what occurred. That } troduced. The law relates to two distinct subjects— | a3 to occur during the session of the Senate as | Seracors observe that the person who gave the | trial of these offences; it has. estab! Conelusion of Judge Curtis? | o.ague snouid have expressed himeelt inthe man. | We one the faubjogt of removal, the otter the subject | they are during the vacations, and that it ié Just as | order is Commander-tn-Chief of the army; that tne | tribunal for tho purpose of trying them; It appointments to office, It seems that a practice | necessary to have a set of legislative provisions to son to Whom tie order was sqrevinsie Adjutant | rected the tribunal, in case of conviction, Argument. ner above desoribeg tg what remarkable, fog had grown up under the government that | enable the President to carry on the public service | Gencral of thé 3. that subject matter | nonnce a judgment and to indict a punishinent has been counted from thé start ad aiadiig those w’ when person was Dominated the Senate | during the session of the Senate asit ls to have the | of the order relates to the formance of service | yet the honorable Manager tells us that this ig for Pi oftice, and when the Senate either | same get of provisions dj the vacation; and | essential to on the milif service, and, there- | court, and that it is bound by no law. But the would be certain to vote against impeachment. Per- did not act upon his nomination accordi it will pe for by looking into | fore, wit aa an order was given by the Com- | ment does not rest mainly, 1 think, on the pi haps it is because he hag been so counted that he now comm for ie Feeuiaenh after the wee. lay scant ey make mo, dlaunction wise mander-in-Chief to the salen wer gre gery fons a bd bg awe or LR direct subject of im- journment o! a rary COMmis- | Ov sessions mate a subject of this ki it too mucl say that chinent. a any i vastly strengthened ba beech can yee dis Fa cmcntiogrnpee ld Pr eenre fy pert to the same office. | the vacations of the Senate in reference to there! ‘was invoked tae spirit of military obedience | by the additional prohibition that Congress hall order that people may not have a chance to say that | ‘maf was ed by a large Tadjority of Senators to | these temporary appointments, | “Whexever the | which constitutes the ‘of the service? Ido | no bill of attainder or ex post acto law. According his vote depends upon the views and interests of his | be an abusé of Ca tional abuse. It | vacancy shall occur” is the language of the | not mean to that it was a mere mili order, | to that Dp teed of the constitution, if every mem- father-in-law. But, however this may be, is it not | Was a practice had railed under the govern- | statute. Whenever there shall be a death, or a resig- 7 or that Generai Thomas would have been subject to | ber of body sitting in a legislative ity, and th ment to a very very co! le extent. It was not a an absence, or a sickness, the law apps. court martial for disobeying it; but I do say that the | if every member of the other House aiso sitting in a manifest that the honorable Senator has been guilty | jrnited to recent years; it had been supported by the | When the occurrence takes place which gives rise to | Adjutant General of the Army of the United States | legislative capacity, should unite in passing an act of a great impropriety in expressing an opinion be- | opinions of Attorney’ Generals; but still it was | the event which the law Cin ey and the par- | was, in the interest of the service, bound to accept | to punish an offence after it was commit that fore the clase of the trial, and before a word had | esteemed by Senators to be a de} from the | ticular time when it epee, is of no particular con- | the ap; tment unless he saw or knew that it was | law would be of no account. Yet, what is claimed spirit of the constitution and in derogation of the | sequence in itself, and is admitted by the law as of | unlawful. I do not know how the fact is—and cer- | here by the honorable M: rs on behaif of the been sald on the part of the defence. What would | jist’ powers of the Senate in reference to the | no consequence. ’In accordance with that has been | tainly there ts no proof on the subject—-but when the | House of Representatives? It 1s claimed that as be sald of a juror in an ordinary lawsuit who would, | nominations to office, That go, it will | the uniform, certain and frequent practice of the | distinguished General of the army of the United | Congress can make a law to punish those acta, if no after hearing only one side of the case and noteven | be found on examination of this law that | government from its very earl days, a8 1am in- | States on a previous occasion accepted a similar | law existed at the time they were committed the the first and second sections of the act | structed we shall be able to prove, not in one or two | appointment it was under views of propriety and | Members of the Senate may, altting here as j the whole of that, declare that his mind was made | related exclusively to removals from office and to | instances, but ina great number of instances. The ay uch as ‘those whieh 1 cate nob aiudad te, | not only after the fact, but wien the case is, brought up, and that he intended to bring ina verdict of | temporary suspensions during a recess of the | honorable themselves produced the other | And how and why is it to be attributed to General | to trial, create, each individual for himself, a law upon guilty? This is precisely Sprague’s case. He hest- | Senate; whereas the other sections to which I shall | day a schedule of temporary fy seep apeed during | Thomas that he was guilty of design to overthrow | the subject. ‘Phe claim on the part of thé honorable that mad articularly ask attention relate exclusively to | the sessions of the Senate, of inferior officers of de- | the laws of the country when he ‘simply did what | Managers would clothe each one of you with imperial tates not to state that his mind is made up before the | Prat other subject of temporary appointments made partments, to perform temporarily the duties of | the General of the army had done before! Take a | powers. It would enable you to say, Sto volo, aio testimony of the defence has been adduced, and before | to office after the Senate had refused to con- of departments, and those instances run on all | case in privat if you pl , and put it as strongly * stat pro ratione voluntas (I make a'law unto the learned arguments of the President’scounselona | cur in the nomination of the person Sppcniee, fours with the cages of removals or suspension of | as you please, tn order to test the question of con- | myself, by which law I propose to This law provides that the President shall have | Officers. Take the case, for instance, of Mr. Floy spiracy. Sup one of you has aciaim which he | Each one of you has an oath Point of law, which divides in opinion the best legal | Dower to fill all vacancies which may happen during | Whom JI alluded to yesterday. Mr. Floyd wen! considers to be just and legal claim to property, | minister stice im artially in this case accor minds in the country, It is a bad sign for the | a recess of the Senate by reason ono reaig- | Out of office; his chief clerk was a per- | and he says to A. B., “Go to 0. D., who Is in possess- | the constitution and the laws. But according to the President’s chances of acquittal when Senators are | nation. It Man he camareed ‘that this ed’ not in- | son in sympathy with. him and under his | sion of property, and deliver to him this order, | view of the honorable Manager that oath would clude all cases; it does not include the case of the | control. the third section of the act of 1789 | to get ion of the property from him.”” Would | mean according to such laws as the individual found thus early announcing their verdict of guilty. | expiration: of ‘a commiasign, but it includes simply | was allowed to 0) the control of the War De- | any! ever imagine that that was a conspiracy? | Senator might himself make for his own govern- Is this trying the case impartially ? death and ai recess of ine it went the hands of that chief clerk. | Does not every lawyer know that the mo-| ment. I respectfully submit that this view cannot ‘The case of, Senator Sprague is not the only one | Senate. Why this was eo I don’t know. It is mani- Senate was in session. It would not answerto | ment you introduce into any transaction of | consistently and pro rly be taken of the nature of ; fest that the law does not affect them. point | have the War Department in that condition one | this xlod the element of a claim of right | this trial, or of the duties and powers incumbent on that can be cited. Other Senators are quite as in- | oF fact it does not cover all cases that mu, arise Mr. Buchanan sent to the Post Oitice and |-every criminal intention ceases? This was @ case | this body. Look for a moment, if you picese, st the judicious, to use a mild term, and express their | even belonging to this Post War Depart. | of public duty, of public right, claimed upon consti- | other provision of the constitution, views on impeachment without a blush inthe public | Which the section was designed to refer. | ment and put it in his charge. There were then in futlonal grounds, ‘and upon an interpretation of the | shall not pags a Dill of atiainder, “What is a bill Of st the President shall | this body a sufficient number of persons to look after | law which had in given toit by the lawmakers | tainder? It is a law made by pagilament to to hearing. Only yesterday, I am informed, Senator | nave power to fill all which may hap ‘& matter of that sort if they felt an interést in it, and | themselves. How, then, I again ask, can the Prest- | fact already existing and where every legislator ia, Stewart, of Nevada, at a fashionable restaurant in | during the receas of the by reason of death or | »vco! they passed a resolution inapiring, of | dent of the United States under such circnmatances | to use the p! of the honorable Manager, ‘a law this city, indulged im an unseemly display of pre- mn by ting commissions which shall | President Buchanan by what authority he made | be looked upon by any body as guilty of conspiracy | unto himself.” And if he is to act according 4 7 expire at the end of the next session thereafter; and | a2 appointment of a person to take ch: of the | under this act? These articles say that the conspiracy | to his discretion and his view of what is proper Judice, for which he was rebuked bya gentleman | j¢ no g) ppointment by and with the advice and con- | War ment without the consent of the Senate. | between the President and General Thomas was to | and politic under the circumstances, of what use e Senate 8 fH Ee ae iy Opening of the Testimony for the Defence. Judge Curtis continued his address, and was lis- tened to throughout with marked attention. It | who happened to be present, and who deplored the | sent of shall bé made to such office during | In answer to that a m ‘was sent in containing | employ force, threats, intimidations. What the: would be the prohibition in the constitution against ®eemed a pity that his voice was unequal to the task hibited by Senators present | Such next session, then such office shall remain in | the facts, and showing to the Senate of that day the | prove the President is that he issued a the passage of bills of attainder? If it is only be potters arena ot Rees tnaeeniie loss of dignity ex! by of the id abeyance, without ‘any salary, fees or emoluments priety and necessit of the onder, ‘hey prove that, and that alone. Now, on | necessary for the House of Representatives by & ropriet step, and day. The gentleman called Mr. Stewart’s attention | atrachea thereto, until the same shall be filled b: The long continued practice under which similar e face of these .ordera there is no apoli majority to vote articles of impeachment, and for to the fact that Colonel Forney, the Clerk of the | appointment by and with the advice and consent ae authority was exercised, giving aschedule running | for the assertion that it was the desi we two-thirds of the Senate to sustain those articles, an Senate, was allowed daily to publish in hus paper ar- | the f a during such time all powers and du- | through the time of General Jackson and his two | the President that any body at any act of attainder is thus effected by the same process ties belonging to such office shall be exercised bi immediate successors, and showing @ it number | should use threat or intimidation. | and depends on identically the same principles as a ticles prejudging the President's case, and asked if | gycn other officer as may by law exercise 6 of ad interim appointments of that kind. There can | The order is es meee ae se up possession; | bill of attainder in the English Parliament. It 1s the such conduct was becoming to a high ofiicer of the } powers duties in case of racancy. ae raed 2 pae.s eae meres oF pa na oe the order to General Thomas 2 reoeiye jon Feces Shite hag es Posey toe tes] Court peachment. such 0 inter . . . ease Sere ee qrithin this Sag of opi “vacancy sont: constitution of the Unived States. I pass, therefore, py Arla sie agen ea ones epee submit, then, Senator what this view of the duties there was more reason to complain of the gentlemen | ring auring poy Tecess of the Senate, and | to the next article, which I wish to consider, and force in any n whatever. There is not Acs and powers of the body cannot be entertained. in the Reporters’ Gallery than of the Clerk of the | the filling of that vacancy by the President, | that is not the next In number, but the eighth article. | express authority, but there is no implication of | But the attempt made by the honorable Man- Senate. The conduct of the correspondents, who | #fe treated as going into abeyance unless the I take it in that order because the eighth, as I have | authority, to apply for or obtain or use anything but | gers to obtain conviction on this tenth cs Senate shall have assented to some nomination be- | analyzed it, differs from the second only in one par- | the order which was given him; and ve wal rove | article is attended with so much _ peculiar daily ridiculed the High Court and its proceedings, | fore its adjournment; and that applies, as I have | ticular, and, therefore, taking it in connection with | that the President from the first had indicated ava that I think it is the duty of the counsel for the rest. called, in his judgment, more strongly for senatorial | said, to the two classes of cases—namely, vacancies | the subject ‘of which I have been just speaking, a desire to test the question of law. We mpl dent to advert to it. The first eight articles are @ffect, It was easy to see that he was a consummate master of his subject; but it cannot be overlooked ‘That volume of voice and lively gesticulation are. no Slight adventitious aids toa speaker. Judge Curtis esorted to no tricks of oratory; his statement was @elivered without a motion of the body, and with ‘hardly a perceptible variation of voice. He went rapidly through the eight articles following the first, ‘deeming them but the same tale long drawn out, and touched on the charges accusing the President > b f tion; but it | it will be necessary for me to say but a very few framed upon the allegation that the ident broke rae tlating the Jreodom of speech by inde- | interference and condemnation than that of the vir- | GoDpenond, OY reason Oy ene Orgrangy. “The next | Words in relation 10 1t. It charges an intent uniaw- | OW, YOU what advice the President received | ised Thon soe sine honorable. Managers did ot cency of expression. This was, perhaps, the | tuous Forney. Mr. Stewart further sald that for | section does notrelate to that subject, butto the sub- | fully to control the sppropriations made by Col what views ‘counsel and advisers entertained ; | intend to carry this go far asto say that unless you happiest hit Mr. Curtis made. He alluded, in a dig- | some time he had been considering the propriety of | ject of removal. ‘Nothing in this act shall be con- | for the military service. That is all there is of it ex- but, of course, it is not my province now to comment find that the ident did intentionally break a law ‘ified yet keenly sarcastic tone, to the fact that the House of Representatives had selected men to repre- ‘went it who were presumed to be models of decency ‘and decorum in expression, and if a blush could ‘make itself visible in Butler's i should certainly ‘have arisen at this momént at the reflection that estigating repot corps with a view strued_ to extend term of a! office,” | cept what is in the second article, and on that, cer- |. | those articles are sustained. Therefore there must fv the torial tad bed &e. The fifth a ee is that ae any per- tainly, at this stage of the case, Ido not deem {t ne- SE ET itteurene frat payed be a law, and the very gist of the charge is that he put them on their good behavior. There is nothing | son shall, contrary to the provisions of | cessary to make any observations. ‘The Senate will | ‘The other two co! yy articles will require very broke a law. You must find that a law existed. to prevent Mr. Stewart from “trying it on.’ this act, accept any appointment to or | remember the offer of proof of the Managers, de- | jittie observation poe me, because they make no | YOu must construe it and apply it to the case. pill marti camegmoast in any office, or otherwise attempt | signed, as it was stated, to connect the President of | new allegations of fact which are not in the fourth | You must find a criminal intention on his pert to to hold or exercise such office or employment, the United States, through his private secretary, | and sixth articles to which I at first adverted, the | break a law before he can be found guilty on theae ROCEEDINGS OF THE COURT. | he shan be deemed and declared to be guilty of ahigh | with the ‘Treasurer, and thus to enable him to con- only distinction between them and the others bel articles. But when we come to this tenth article w Jnisdemeanor, and coe trial amd conviction there- | trol the appropriations made for the military service. | that they are not founded upon the conspiracy bony | find it stands on no law at all, but is attend X 1 erefor by a fine not exceed- | ‘The evidencé, however, was not received, and, there- . jege nla’ rac: with some extraord Pecullarities, The com- ware: eve ropa isa Pert vishanmtabe Eleventh Day. mg, $10,000, and. by imprisonment.” “What are tho | fore, it seems. quite unnecessary’ for" ine | 220 they shmply allege an, unk Winey do not | Plaine is. ‘that thee Fretident «inade "sposches ‘ork audience after 8. fashion which the newspapers UNITED STATES SENATE CHAMBER, provisions of this act in relation 40 acceptingany ap- | ‘0 make any coininent upon it. The al- | siege suMctent facts to bring the case within | Sgamst Congress. The true statements would felt almost ashamed to publish, Mr. Curtis alluded - ‘WASHINGTON, April 10, 1868, Pointment? They are found in the third section of | legations are, sR on ent hy | the” act of 1861. In other Words, they do Reignehe ta aoe ips ab = a on ; ‘act putting cers abeyance under | pointed General seco! lege force, threats, tim very pertinently to the Kind: of freedom of speech | The President pro tem. called the Senate to‘order. | {he Bot rumatances, which aro. described in that | Without the advice and consent of the Senate; ae iste he Comat orite br areal thd | the word “Congress” undoubtedly he did not_ mean ‘Which the constitution guaranteed every American Citizen, and utterly disclaimed reference to prece- Gents in the history of other countries where freedom ‘ef speech meant either the guillotine or the gallows. ‘Mr. Curtis made a very brief peroration; but when dhe sat down there was a very general feeling that a man of profound thought and learning had delivered ‘nimeelf in a cage which he deemed worthy of defence and exculpation, i The counsel for the President then called to the ‘witness stand General Lorenzo Thomas, and of ‘eourse, every eye was directed towards the illus- ‘trious Secretary ad interim, The General mounted ‘the stand with a jaunty air, clad in his full uniform, ‘with a brace of stars on each‘shoulder strap and his ‘Coat in a style of careless elegance, half-opened in ‘front. Everybody seemed to expect that the Gen- eral would relieve the superincumbent weight of @ulneas in the Senate by some facetious sallies, and in this respect it cannot be said they were disap- Prayer was offered by the Chaplain. section, If any person does accept an office which | that he did it when no vacancy had happened during which is the one relating to th . | the entire constitutional body organized under the The chair was vacated for the Chief Justice, and | is thus ‘put in abeyance, or any emolument or author- | & recess of the Senate; fourth, that he did it while Fa eeu Pade Emory. The meaning oe oor an constitution of the United States; he meant the domi- the court was opened by proclamation in due form ity in reference to such office, he comes within the | there was no vacancy at the time; fifth, that he com- ticle, as I read it, ia Das the President brought | 2ant majortiy. Everybody so understood it; but the P penal provisions of the fifth section; but outaide of that | mitted @ high misdemeanor ‘by thus intentionally } Genéral Emory before himself as onsale mmpiains ig that he made speeches against this at five minutes past twelve, whereupon the Man- | there is no such thing as accepting an office contrary | Violating the constitution of the United States. I de- | Gnief of the army, for the purpose of instructing him whol poreennent, Maine Congress. Weill, whoare agers and members of the House were successively | to the provisions of the act, because the provisions | sire to say ® word or twovon thissubject, And, first, | to disobey the law, with an intent to induce General | the Grand Jurors in this case? One of the parties, annonnced and took thelr places, The journal of | f the act extend no further than those cases; and go | we deny he ever appointed General Thomas to | Emory to disobey, and with an intent to enable him- | the complainants. And who are the triers? The of the next section, “Every removal, appointment, | the office of Secretary of War. An appointment can | gei¢ unlawfully, and by the use of military force, | other complainants, Now, I think there is some in- yesterday was read. The gallery in the meantime | or employment made, had, or poclberte ¢ contrary to | be made to an oilice only by the smivice and con- through General Emory, to prevent Mr. Stanton from | Congruity in this. I think there 1s some reason for had become about half filled. General Sherman | the provisions of this act, &c.; shall be deemed, and | sent of the Senate, and through a commission signed | continuing to hold’ ‘the office, Now, I sub- ing before taking further strides in this again led a seat ou:the floor. is hereby declared, to be a high misdemeanor.” The - ent and bearing the great seal. Thatis | mit that not only does this article fail | “irection. The honorable House of resentatives occupy 53 stress of this article does not seem to me to depend e only mode in which an appointinent can be | of proof in its substance as thus stated, but that it is | 8emds its Managers here to take notice of what? Mr. Curtis, of counsel for the President, resumed | at all upon this question of the construction of the | made. ‘The President, as [have said, may tempora- | Gidproved by the Witness who has been introduced te | That the House of Representatives has erected his opening at fifteen minutes past twelve o'clock. | law, but poe & totally different matter, which, I | rily commission officers when vacancies occur during | prove it. In the first place it appears clear from | ito a school of manners, and, selecting from its ranks ‘What with the b rsation of ed — should be fairly and carefully considered. ‘The | the recess of the Senate, But that is not an shaoin’ eneral Emory’s statement that the President did | those gentlemen whom {t deems most competent by rer ami ee jegation in the article is that this lotter of authority | ment, wad is not so considered in the constitution. | nor pring lim there for any purpose connected with | Precept and example to teach decorumn of speech, {t newspaper correspondents and others in the gallery | was given to General Thomas, enabling him to per- | The lent may also, under the acts of 1705 and | this appropriation bill, ‘the command of the entree tne judgment of this body as to whether tnd the reporters’ remote position, occasional imper- | {17 te tmoiy of ihe law That T concelve | Hig’ sie duties of & cerain oties when there ire | 7; OF the aguing df orders relating to the ary. | a ne ee ae pce ape tor out the aut of aw. a fections may be found in the report. to be the main inquiry which arises under this | Vacancy. All that the President did in this case | Seip and phen the conversation Wes iroken ie necks | that 18 the phirase of the honorable Managers. "Now, Conclusion of Me, Curtie? Argument for the | article, provided the case of Mr. Stanton and his | was to issue a letter of authority to General Thomas | rogarred to it hi eoking the President permis- used oo noe i. removal comes within the Tenure of Office act at all. | authorizing him ad interim to perform the duties of | sion to bring it to his attention. Whatsoever, there. | there ought to be @ difference of opinion it Mr. Cunris—Mr. Chief Justice, among the points | 1,"ish Sst to bring to the witention of the Gente | eet is: auld that it was inade Withee: ane | f0f,Was eald on that subject was sald, not because | Speeches, that a very important test in, reference to which I omitted’ to notice yesterday ts one which | 80, 0f 1206, wi ni the ‘President of the United States had t the | them was whether they true or false—whether four hi an . Ibis ashort act, and I | advice and consent of the Senate. Certainly it was. Washingto’ what was sald was true or false; but it seems seems to me of specific importance, and which in- Willread the whole.of 1t:— How could the advice and consent of the Senate be Scspuee, bul becense having tresthe | itn have toe that in this case that is no test at all. ‘The General ‘| obtained to an ad interim adthority of that kind? the Com: dionorable Manager (Mr. Butler), in openii the pointed, A Uttle humor of some kind was never at | ducesmetoreturntoitforafew moments. Ifyou will | _ Beit enacted, fc, That in cage of a vacancy in the oftee of || ining oo MA hd namcime Bnoy Of thee Mind? | another conversed + ‘case, " pose, that neces such @ premfum, and if the General never per- | indulge me I will read a short passage of Saturday's | {cDendcenn at Wor of any elles ie ciner st auid de | defect in the atiministrative mackuery: oF the oe er atident Pin Viewae in the meee prin tate | ia pe Rg it “thts subs formed any greater effort in his career he.must cer- | proceedings. In the course of those proceedings Mr. | Partments who is not geen by, ft, Pend, se Kid ernment. Ifthe President had gone to the Senate | had his attention called to the act of Col ving has done it in these terms .— “rue wus ment, whereby they canno' for its advice and consent he must have gone under Preat not all to be elther false or defamato be- Manager Butler said, “It will be seen, therefore, Mr. | ote, shail bo law(ut for te President of the taytenonat | & Nomination made by him of General ‘Thomas for |.the game opinion to, Genral Biuory aa he had ere, | cause it # not within the power of any man, however President and Senators, that the President of the | persons, at his discretion, to periorm the duties of the sald | tat oilice—a thing which he certainiy never intend- viously publicly expressed to itself at the | Nigh his official position, tn effect 1o slander the Con- United States says in his answer that he suspended | Fespective ofices yntil a successor be appointed or such | ed to do and never made any attempt to carry out. | time when the act was signed by It ts found | gress of the United States, In the ordinary sense of tainly be allowed @ good deal of credit for putting the whole assemblage—Senators, Chief Justice and audience—in the best possible spirits, for “ canes y . . > @ time. ‘The General, In @ clear volce, with ® | Mr. Stanton under the constitution indefinitely and ] jnihe sanner afdreuid fora longer term tan six monte | Ogiee’ act; it, ‘as, 1 90, frequently. repeatea, | 1 his answer, on the thirty second page of theomotal | tof, etry of the accusation.” Considering, the peculiar rising inflection, went on first to detail his | at his pleasure. 1 propose now, unless it be objected | ‘This act, it has been suggested, may have been | he held his oittce under the act of 17s and | HP Coneidered that that provision of te law inter. | Hature of our government, considering the - interview with the President on the memorable 2ist to show that it is faise, under his own hand, and | repealed by the act of February 20, 1 which is | during the pleasure of the President, the | fereq with his constitutional ht as the Com- | ence which we have gone through on that subject, 4 if Butler could only have kept | 1 have his letter to that effect, which, if there is no | found in 12, Statutes at Page 656.’ This algo | moment he received that order, which General | mander-in-Chief of the army, and that is what he | that is a preity lofty claim. If we yo back to thé of February, ani ‘ept | objection, I will read. I read th ature, | is a short act and I will it— Thomas carried to him, that moment there was ®| saiq to General Emory. ‘There is not even a | time of the Plantagenets and seek for precedents quiet would have told every solitary item bearing ever so remotely on the tremendous appointment con- ferred upon him as Seretary ad interim. But when the objections of the Managers were finally disposed. of, and tne General was allowed a fair Seld for his narrative, he brought down the house as it was mever brought down before. He told thestory of his igmterview with Stanton with a naiveté of manner ‘which was perfectly irresistible. Nothing flerce and ganguinary, a8 some people might imagine, ever transpired between these two famous Secretaries of War, Stanton and Thomas. No two cooing doves ever met on milder terms. Thomas respected, admired ° e niga which was identified by C. E. Creecy.” en fol- vacancy in point of law, however he may have re- there you will not find that so loity a claim as that lowed the reading of the letter, which is this:— ayecnce from ihe seal of gorerament or alckness of thenead | fused to obey the order ih point of fact. The Senate | Provable cause to believe that he said it | Wass tie tog leave to read froin, two suatutes, EXECUTIVE MANSION, Augnst 14, 1967, | Of any executive department of the government, or of any | Will observe that two letters were delivered to Gene- | reason that General Emory had introduced the sub. | One from 8 Edward I., chapter 4, aud the other Sir—In ance with the ith section of the act of | Officerin either of said departments whose appointment Tal Thomas at the same Ume—one of them an order ject. He asked leave to call the President’s atten- | from 2 Richard IL, chapter 1 The statute Congress of March 3, 1867, entitied “An act regulating the | not in the head of the office, whereby they cannot perform the | to Mr. Stanton to vacate the oilice and the other & | ton to {t, evidently expecting and desiring that the | f Edward the First, after’ a preamble, tenure of certain civil ny You are hereby notitied that on | duties of Sree tiles teasen talccae he shail think {t neces. | direction to General ‘Thomas to take possession of | president should say something on the subject, ‘and | chacts “That from henceforth no one be 80 to pe ap inst. Hon. Eerie I pling reorder ee es sary, to authorize any other ohlcer of the department whose | the office when Mr. Stanton obeys the order just | if ne said anything was he not to say the truth? | #¢ll or publish any false news or tales whereby dis authorized and empowered to act as Secretary of War a in- | Sppointment is vested in the President, at his discretion, to | given. May not the President issue a letter of au- | That is exactly what he did say. I mean the truth | Cord or occasion of discord or slander inay grow be- trim. 1 am, sir, very respectfully yor ‘form the duties of said respective offices until a successor | thority in contemplation that a vacancy is about to as he apprehended it. It will appear in proof, as I | tween the nd his people, or the great men of ‘ANDREW JOHNSON. Gaprointed, or until such absence of inability by sickness | occur? 1s he bound to take @ technical view of the | gm instructed, that the reason why the President | the realm; and that he that doth’so shail be taken and Hon. Huon MoCULLoon, Secretary of the Treasury, en aitlcodartor & tongue tara i Saueaedl im the | subject and to have the order which creates the va- | Sent for General Emory was not that he might en- | Kept in prison until he shall have been brought into ‘This letter was read to show, under the hand of | ™™ oe cancy first sent and delivered, and then to sit down | geavor to seduce that distinguished officer from kis | Court.” The statute of Richard the Second refers to the President, that when he says in his answer that | ,,Now these acta, as the Senate will perceive, al- | to iis table, and afterwards © letter to another | giegiance to the laws and constitution of his coun- | ‘dealers in false news, and tn horrible and faise lies he has removed Mr. Stanton by virtue of the Tenure | though they may be said in some sense to relate to | to hold the office? If the sident expects a oe because he wished to obtain information | 9¢ainst dukes, princes, earls, and other nobles and of Office act that statement was a falsehood. Allow | te same general subject matter, are very different | vacancy, if he has done an act which in his judg- about military movements which he was informed, | "eat men of the realm; @ud also the chancellor, me now to read the eighth section of that act:— mete end Weta or’ las carter ines, horns, the oy tye : jasees 4 Marrs mt Ar A ‘ he by} on uthority which he had a right to aera eae of ihe privy a. Le judges and ress repeal + if, sign the necessary papers appointing another other great officers of the realm.” ‘So that the Sena- ecrnat whenever, the, President shall, without the advice and | latter aw operates as a repeal of the older Jaw, it is | carry on the dulles of the omice? TfL have been | Tely,and whlch he was bound to respect, might re. | tor vin ‘see that even in those distant tes hgh and almost loved Stanton, and Stanton was the same authorize or em) an} rsonal attention. I pass, person to perform the duties of fice, he sb only by implication. It says in terms successful in the argument which I have already ad- Mcers and bodies were not safe jt Si" ration to taking peannin of the War be | Seaupsty Matas he nar anlaiy ted aerate eae a: | arenes vousenmun re a oe gine tats | Sout cadet Ure stone acta | tone and) te,” sud te nm lon of 1e y, fo com int of fact re Was no violation the const remem! that in ie course of our Own ex- partment Stanton asked Thomas to take a ggat near | Smortsin his departeent. 8? and disbursing at all. The same arise, if | Hon of the United States in delivering this letter of | Wich I shall have much to say, and that is the tenth | remembered! thee tn ane courte of Sot ander the meaning iry would Kao ar eoctergay tgorg they were not contained in it—namely, how far is | quthority, because the constitution makes no pro. { Srlicle, which is of and conce igh ne ET A ministration of Mr. Adams, an attempt was made The Senate will perceive that this section has | that latter law inconsistent with the provisions of | Vision for this temporary authority, and the law of | he sront of this ta affenbe auinet the committing | t0 check not freedom of speech, but freedom of writ. nothing to do with the suspension of an orficer, | the earlier law? There are certain rules on the aub- | Congress has made no provision for it. Liere, also, 1 | Wit constitutes an offence againat the dissertations | ing—an attempt which is stamped in the opinion of but the rt of the ig that in case | ject which I shall not fatigue the Senate by cit! beg leave to @emind the Senate that the case have been written and rintese ‘One of them is an- | Of posterity, with-the name of ‘The Sedition law.” the dent, without the advice and consent | cases to prove, because every lawyer wi does not fall within the Tenure of Office act. If the | nexed to the ment’ of the honorable Ma’ r | Senators will find that although it applied only to iene, ena es tial under, any circumstances | recognize them. In, the frat place there is | order which the President gave to Mr. Stanton to | Wno opened {ha case for the prosecution: avatker | Written lbels, it contained an express section that a ry rd person to perform tempo- | arule as to the repeal by implication. As I under- | vacate the office was a lawful and one which | was written by one of rhs honorable Man- | the truth of the libel might be given in evidence. the duties (of the ofice, he is to make | stand it the courts go upon the assumption of the | he was bound to obey, everything contained in this | W#, Written | by proceedings of the House | That was a law, as Senators know, m: it . report of that designation to the Secretary of the | principle that if the Legislature really intended to | article, as well as the ‘Dp articles, fails, It is | OF Representatives’ on the occasion of the by written publications, to excite hatred or contempt es oe ia oom —— Ag a oe law A ary ave voor in _ —. impossible phan for the honorable Mauagers to first siempre to impeach the President; and there | % = bt +) or of Sea I will read the ‘ond section, ie terms to and includes all cases. It appiles to and | by implication; bat the eee eet cet ciate ee cation on the part of the | nave been pthers written and published by learned | #¢ ae PF es. TS imption is that if the t to violate tl Ui , print, utter or publish or shali c: wr procure Includes tyg designations on account of sickness, or ature entertains « clear and fixed intention to | Lfsiea uy anything when, fetal eercrce eee | Jurists touching thin subject. 1 do not propose vo | rite, print, Uiter ox publi ot shall cause oF Procure ——- ben ane ‘that detain the Senate with of these precedents whether tel Dorey OF poreaanent wieethoe OMe Thorefore thé Mee i. p> 4 Oe im i op pd General ‘Thomas, provided the | drawn from the Middle Ages The framers of our pee 4 Ay in weitlng, Piet eties by reagon of a suspension or ® removal, and, there- | implication are not favored by the court. Another | honud to obey Ilr Yee * MWAw Order and he was | constitution were equally as familiar with them as | WH Cr Dubaang ay ee ca ar Cine Gritod stage? fore, when the President says to the Secretary of the | rule is, that the rep xy between the two sub- | "0" to the person who drew up these dissertations, and the | Seti me of ‘ths Cor Nf af Treasury, “I give you notice that 1 have designated | jects must be clear. “It Is not enough that under | _ 1 advance now, Genators, to a different class of | framers of our constitution, as I conosive, had | OF fhe 'esident of the United ‘States, with intent {4 General Thomas to the duties ad interim of | some circumstances one law may ly be repug. | articles, which may be called the conspiracy articles, | drawn from them a lesson which they em {n | defame the ald government, oF either house of sald Secretary of War,” he makes no allusion by force of | nant to the other; the repugnance must be clear, and | Decause they rest upon @ cl of conspiracy be- \ their work. I propose, therefore, instead of seeking | Cor) ‘or to tena Fremaon arte pring them or that letter to the’manner in which that vacancy oc- | if the two laws can stand together the latter does not | ‘Ween the President and General Thomas. ‘There are ) precedents which were made in the times of the | Congress of the sald Fresident, or to brin to curred, and therefore, instead of showing under the | operate as a repeal of the former. If Senators have | four of them—the Moe sixth and seventh ag Piantagenets, Tudors and the Stuarts, and which | ¢lther rem int tempt or pect, or a Presidént’s own hand that he has repeated a fuise- | any desire to refer to the authorities on this subject | ey Stand. The fourth and sixth are found | have been repeated since, to come much nearer | £X° ple of the United States, or to start up hood, tt has no reference whatever to the matter. they will find a sufficient number of them coltected | Uider the act of July 81, 1861, which is found | home and see what the provisions of the constita- aitiow tier the United Stal yon please—the first Clause of the second section ? there is no repugnance whatsoever that 1 can | 2%. i EB ewer reason, bribe: enacts that if any person shall be prosecuted under Mr, Curtis (reading)—“That when an oMcer ap- | perceive between these two laws. The act of 1905 | Congress. They allege an unlawful conspiracy, but | the constitution speaks of o ry and other | tnt st of | ey ‘by whi a emeanors tt refers to “ 8 act for the printing or publishing of any libel, it pointed as aforesaid, excepting Judges of the United | applies to all vacancies, however created. The act | they refer tonolaw by pena lommtemon ahae amy. igh a Gienaen And in- | shall be lawful for the defendant on the trial of the the fire and take a drink. General Shriver it for the whiskey, and on his return it was decided to make an equal division between the two Secretaries, Shriver being a temperance man, and according to ‘the illustration given by Thomas on his forefinger, it would appear each had about an inch deep of the ardent exhilarator. : A good deal has been said about the pressure upon Stanton by radical representatives and journalists who wish to see impeachment accomplished at any cost, let the President be guilty or not of the high crimes and misdemeanors charged against him. It has not been said without good cause, for a despe- rate effort is undoubtedly being made to keep Sena- tors up to] the sticking point and prevent them from losing the necessary backbone before the time arrives when they will be called upon to declare, according to the law and their con- aciences, whether the terrible Andrew Johnson should be removed from his high ofice and some one elevated to his place. The pro-impeachment “Tecess made unlawful. The acts cl % the lobby is very formidable, enthusiastic radicals of that he chown cag iaate eaebitncaee to ee ene, Ocharwie’ becemionns VJeath or resigiiation.» Re. | ful, bat there is no law referred to and ho case made | United States, against some law of the United States | case to give lu evidenee in his defence of ee ty ks faith having been summoned here t c., the President is allowed to suspend such off: | movals from office and explrations of commission | PY the articles within any law of the United States; | oxisting when ‘he acts corpiained of were commit. | tiie, matver contained in the published charge, and . Tae Voth eNe een | cer.” “Now, the President states in his answer that | are not included in it, ‘The act of 1706 uppiies only | 84 {therefore shail treat these articlos—the fourti | ved, and I say that that is plaluly to be inferred from | that the jury who shall try the case snail have the Senators and terrify them into voting rightly on the | he aid not act under it. to vacancies, The act of 1863 applies to tenporery and sixth and the fifth and seventh—together, be- | each and every provision of the constitution on the — to determine law and the facts, question. But theseefforts are by no means confined | Mr. Burinn—That Is not reading the section, absence or sickness, ‘The subject matter, therefore, Say acath cademe hommentcuan wichen tee Gommpteane wee eornee against the Umieed aenean mend jose I demre, now 10. reat “from. “tes to tie'louoy. Members of the lower house do not | Mt %i't a very long section, ne ene te fency, between’ them Thay’ mah atand tether, | act. It I$ necessary for me to state the sux | auch by the laws of the United States, or which | fourth volume of Madison's works, pages 642 and ‘eaitate to take part in the discreditable business, and prominent members at that—men who ought to be above such low scheming and dishonorable devices. As an illustration I will give you an account of a conversation that took place not long ago be- ay together, 547, a short hich 4 igment is as | v1 stance of the law in order that you may sce | the framers of the constitution knew must be ao Passage wi in iny judgme! ot, orneabmsern a ciroltalimednaoratenmadasten fei my pe my which it appites; and whether it can have any bie application | provided for in the laws, because these are high | masterly as anything Mr. Madison ever wrote on the Mr. CurTis—It allows the President, because of | be taken of this subject, and which may be ultimately | t0 the case. It was passed on the vist of | crimes which strike at the existence of the gov- | Subject of the relations of the Congress of the Un! r nf high . oe ee aioe ene ee seston’ Ghothet, | wieshen teaia oe ToT state hore, ‘what i have | Of More persous within the States or Territories of | suries,. They are high crimes and misdemeanors; so | The essential difference between the Hritish govern: nator ness, resign: freq Coca the United States shail conspire together to over- | high that they belong im the same company with | Ment and American constitation wiil place this sub- wee eae and a member of Congress from | fenPOrery ate what that coare mtg Decit tor any | that te eS far question, “Ye ‘it's “crime | throw of put down or destroy by foree the govern. | treason and “bribery, That ie clear’ on “tye | Ject in the clearest light. In the Brittsn government Onto. The latter laid himself out ‘to “pump” Phe reason there is @ vacancy, he is authorized to desig- | to be on one side of this question and not on | ment of the United States, or to levy war upon the | face of the constitution, There can be the danger of encroachments upon the rights ie y ative su United States, or to oppose by force the authority of | crime, no misdemeanor, without a law of | People is understood to be confined to the exec which. eaiee tat be eiven t to ibe becretary of ne § corte ver taken in ton sopeanet “tne Sertier, by the government of the United States, or by force to | some’ kind, written or unwritten, expressed | Magistrate. The representatives of the people — Treasury. Therefore f repeat, slr, that the subject | the latter one is a sound view? I submit that that Fb ce gr od RX del the eee C say jaw of | or implied. an oe be come, len, = win Rear ate ce eaten cadkeiant peareeaar el of the it ne or by force to seize, take or pos- | there is no crime. My impr “hig C oI ag i a ey a a Ee sess any, property of the United Stated aguinet the | crimes and inisiemeynors? mean omtences against | Fxita of hele, constiwuents against, ve subject of ol reset jo Arye @ authority of the Uniter 2 law of the U me @ con. ; Re rbucraa ee penton by ey hh oe oe ton noone mn Th eee yee bce ae States, or by force or intimidation or threat to | stitution has not in substance stated 50, that the first | Ple that the pons = Tagg in Ld eg the attention of the Senate to the second article; and | ground that there was a wilfal intention to give this | Prevent any person from occupying or holding any use of the second section of the second article of | ef, or, in thelr own, language, & oma! oan 4 I will begin, ay T began before, by stating what the | letter with authority of aw, not that it was a mis- | oflce of, trust or place of confidence under the constitution says that “The President shall have | Hence, too, all the ramparts for | provecting substance of this article is. T ho the Senate will | taken one, not that it was one which, after due con- | United States, they shall be guilty of conspiracy. | power to grant reprieves and ns fur offences | the rights of the people, such as their aga Ch ra, be able to see how every one of these allegations | sideration, lawyers might differ about, but tat it} The fourth and sixth articles contain al against the United States, except in cages of impeach- | their Bul of Rights, £c., are not reared against the is controverted by what is already in the case, | was a wilfal intention to act without authority. | tions that the President and General Thomas | ment.” Offences against the United states | Toyal prerogative. Lo are merely legisiative Ee and that 1 shail be enabled to state what | That, I submit, from the nature of the case, | couspired together, by force, intimidation and | would include cases of imperchment, and | Cautions against executive usarpations. Under sun we propose to offer by way of proof, in | cannot be to appear. The next allega- | threats, to prevent Mr. Stanton’ from continuing to | might be pardoned by the ent if they | ® government as this an exemption of the pon! — respect to each of them, The first substantive allega- tion to which I desire to invite attention aa | hold the office of Secretary for the Department of | were not excepted by fhe constieation, ‘Thene cases of tone restraint by licensers A pacoey A & tion in this article is, that the delivery of the letter | contained in this article is that the giving | War, and also that they conspired together, by force, pee ent, according to OxDrossog jeclara- | King ts all the freedom that Tee ee eee ciaereat, of wuthority to General Thomas Was without the au- | of this letter to General Thomas during the session | to obtain of property belonging to the | ton je constitution itge! offences | the United States Ld an que aan thority of the law; that it was an intentional viola- | of the Senate was a violation of the constitution of | United 5 ihewo are the two articies which I | against the United States; still the learned Manager | The people, not the govornmels busi ieag tion of the Tenure of Office act; that it was an inten- | the United States, and to that I will require your | Suppose are designed to be drawn under this act, | sys that this is a court, and that whatever may be | absolute sovereignty. ‘ ie ee lunitetions. of tional violation of the constitution of the United | attentive consideration. ‘The constitution, you are | and these are the allegations which are intended to | the character of the proseetion it is bound by no | than the Executive, is ander ded as possible States, and that the delivery of the order to General | well aware, has provided for two modes of filling | be sustained by it. Now, it does seem to me that | law. What, then, was the understanding of the | power, Encroachments are cdiner Hence, in the Thomas was made With intent. to violate both that | offices. The one is by temporary commission during | te power to twist this law to any bearing whatso- | fathers on this subject? rom the one as well as from aa ie ite Of tne ‘people act and the constitution of the United States. the recess of the Senate when a vacancy happens | ver upon this case is one of the most extraordinyy Mr. BUTLER—Pardon me, sir. Isaid vound by no | United States the great iativeas well as against Exe- is the substance of the second article. Now the | during the recess, and the other is by appointment | sttempts ever made. In the first place, so far fr common or statute law. re secured against legisiativs ty Oi not by laws para Senate will at once perceive that, if the suspension | with and by the advice and consent of ie Senate, | its having been designed to apply to the President ‘Mr. CURTIS proceeded to read some authorities | Cutiveambition. They ar , a ; if constituti \- of Mr. Stanton was not a violation of the act in point | followed by & commission by the President. But it | of the United States, or to any act which he might | from law books, and then said:—Another position to | mount to ag MAL Meme. freedom ofthe former, and succeeded in accomplishing his object. I will give the names, so that it may not be said that ‘1am merely fabricating @ sensation, and so that the parties concerned may deny it if they think proper. ‘The Senator was the juvenile Sprague, of Rhode island, and the’ member was General Garfleld, of Ohio, The conversation occurred about twelve days ro, in a sleeping car attached to the New York and ‘Washington , train. It commenced by ‘some remarks about the prospect in Oonnecticut, Wiarfleld had been to the Nutmeg State, and ay clared to Sprague that he had not met a single ref ublican there who did not endorse the action of Cong Tess in impeaching the President. Every re- pudiii'an in that State, according to Garfleld, ox- pressed’ the opinion that the only safe policy was the removal of Andrew Johnson. The salvation of the Yepublic&? party depended upon carrying out im- Peachment, and therefore it should bedone. Gar- Aeid skilfully glided from the subject of Connecticut 3. ; if it in other terms, If the case of | very early grew apparent to those who administered | 10 in the course of the exection of wit | which I desire the attention of the Senate is that | mount to la a ot ot to that of the\vlews of Senator Sprague himselt on | Mr Mtantoh We not vititn the act, then his suspen: | the government Ut cases "might ‘and would | he Uelleved “tobe” nis duty, ot (0 apply | there ig epough written in the constitation to prove | Brews requires that it shone eacivey ae kn Great ‘Ampeachment. He alluded to the claim of | sion or his removal, if he has been actually removed, | occur to which neither of the modes pro- | to any manor anything in the District of Columbia | that th | a art in which a trial geyviess Fonte legislative Testraint also; and this the t at Stanton’s case did not | i femoval which did actually take piace, ‘and would | vided by the constitution could be promptly | at Ail, the words of the act are ‘that if two or iiore | now belt on “The senate ritaip, but roe effectual, must be ait exemption not ' o a not be & violation of the act, if bis case | and conveniently applicd—cases,efor insiance, persons within any State or Territory of the United | the ited tates," © constitution, | @xemption, to vious inspection of licenses, put irom. come wader the Civil Tenure bill at all, | jg not within the act at all, which does not a ly to | the temporary absence of the head of a de- | States,” not within the District of Columbia, shall do | « ave the gole pow Fy npeacbments, ly from the prev nalty of the laws. ‘The next pas and deciaimed’ aijte warmly, in a way requiring | fhe cage of Mr, Stanton, of ‘cours® pla removal not | partment, wiih department, especially during | S9.And #0. ‘Now, this tna highly pera! lav, and an | Where the President's tied. the Chief ostice snail | the subeeyuent penalty, of, the laws. . The nsxt pas Assent or dissen’ the part of th . jolation of that act. If Mr. continued | the session of Congress, might for the pubile interet | indictment fhatging things done under this law preside.” It is also provided that trial of ail crimes wale ‘extraordigary application to the swb- fe le Senior, fold under the commission which he received | continue to be administered—cases of sickness, cases | Within the of Columbia would, I undertake ‘cept in cases of achi all be by jury. | Volume) ins an ce nre wh {hla 0 follows: + (Bprague, perhaps titepwa a litte off his guard, re | from President Lincoln, and has continmed to hold | of resignation or of remvval, when the President waa | to Say, be quashed on demurrer, bocause the act is | kk is the trial of a ou are Jeb matter nO i lied to Garfield's intéwogative deciamatio: ler act of 1780, It was no violation of ¢ pot in the condiion immediately to make a nomina- | mAde applicable to certain portions of the country, ie Chi too of the it ‘Tho conatirhtion supposes that the President, the Congress n, and he ts lef Just! tm, elt Jd he had no doubt in his gvind that Stanton’s Tenure of (Mice act that Mr. Johnson remioved or | tion (o fill the office or even to issue a commission, | afd Is Not made applicable to tie District of Column on that ex; word of the constitution. BEY aS fy hy o aw nton’s cage | jth to femove Mr. Stanton, and therervre t ud therefore it became necessary by bia. We are not, however, standine upoi that point, | Th é ‘word, to be an eS eee or : Inteuded fe; eo} # P is according to its ex rd, to ewas clearly within the Tenur? of OMee Act, and that | senat® whi perogive that it is ilocessary to come Adimniatrative defects which 18 @ techgieal polnt, nor refer to it with | acquittal or conviction on this trial for a crime. No * ome. Gan ent — the President's position was térefore unicnableata ' hack again t Se@gh NUE Uke arlgie |yooause fi will t » provisions yi - { M intention; bu tis Gs case, | person sual be Convivied oa impeachincut without TNUSD ON SRVENIE PAGR,