Show special to the deseret X evening news i te congressional SENATE manager boutwell concluded hi his Is remarks which were commenced yesterday when the senate took a recess upon assembling reassembling re nelson of the presidents counsel took the floor and delivered an extempore address in nelsons belsons Nel sons argument today to day on the I 1 impeachment ment trial he stated that judge black withdrew from the case because the president refused to send vessels to gieze the island of alta veta refusing on the ground of public duty against the solicitations soli citations of his friends and the implied threats of his enemies against the hostile indians who massacred the pierson family a few dayi days days since at long valley vailey nevada cevada the entire white population tiou tion of the neighborhood are in arms and were in hot pursuit of the savages at the order offered by sumner was that the senate should proceed to vote on the several articles at twelve the tho day after the final arguments were concluded johnson objected and the order went over under the rules sumner then offered two additional rules he gathered he said from the previous practice in impeachment cases that in the taking the votes of the senate on the articles of impeachment the presiding officer shall call each senator by name and ask him how say you guilty or not guilty as charged at the same time specifying the articles each senator when the question ues aes tion is so put to him shall rise in Ms his seat and answer guilty or not guilty sumner also offered as rule twenty fourth that in the case of con coni i cletion by the senate it shall be the duty of the he pie presiding siding officer forthwith to pronounce the removal from office of the convicted person according to the requirements of the constitution and any further judgment shall be on order of the senate johnson again objected and the rules went over groesbeck then addressed the senate ile he proceeded to consider whether or not the senate is now sitting as a court he said he be would not discuss it in the light of english precedents but with reference to our own constitution which countenanced neither bills of attainder nor irresponsible tribunals to be laws unto themselves he first called attention to the fact that the provisions of the constitution as first drafted contemplated tem plated impeachment for malpractice and neglect of duty in office but those adopted permit it only for treason bribery and similar high crimes a and nd misdemeanors he then than challenged proof to show that during any of the trials which form our precedents the idea that the senate was not a court had ever been advanced he read their language from the records of each trial in which the senate on all those occasions styled itself the court he also quoted storey and other authorities to show the judicial character of the senate and the qualifications they must bring to discharge their obligations in reference to their jurisdiction he held that the only question fortham for them to decide was that of crime or no crime and further that no action could be so considered in connection with which evil intention was not brought he illustrated illustrate d this proposition by considering si a homicide committed by a madman mad man on the supposition that the president should violate the law after losing his reason and by reference to the acts of mr lincoln in constituting a military tribunal in the loyal states which conduct though pronounced destitute of warrant by the supreme court aburt had bad been upheld by congress on the ground that his motive was gook good having thus as he claimed shown the falsity of the doctrine advanced by y the managers on that subject he said paid he should c consider csider the question whether the president had the right to remove mr stanion stanton and to grant a letter of to gen thomas for on these two issues hung the fate of the eight articles of impeachment aa As to the first points he held that th the e civil I 1 tenure law did not apply aepli to mr stanton because cause he was not appointed by Johnson but mr johnson aa is his own but mr Lincol ns term mr antons St tenure of office expired on one month after the expiration of hiis hils first term if mr lincoln living mr stanton could be removed by him and equally so can he be removed by mr johnson if the latter is merely serving out the remainder of Lincol ns term in support of his bis proposition that the president had power to remove mr stanton under the law of 1789 groesbeck quoted a letter jetter from mr adams to Pickering Mr announcing not that he was to be removed but that he be was i actually removed and his successor ap L gifted pointed he said his feeble health today ay obliged him to pass by with a mere reference to the utterances of senators at the time of the passage of the tenure of office bill howenton he wenton went on to argue that all admitted there was room for doubting the construction of the law and the president had avalli himself of the counsel of those specially designated by the constitution to give it to him hencel he must be held guiltless of crime in construing cou coi it as he did he held doubt of the constitutionality of the law existed to warrant the president in taking the measures he did to test the matter gronbeck Groe Gro ebeck abeck proceeded to argue the various points relating to the articles of impeachment and concluded by expressing his confidence in the final result nud passed a glowing eulogy on the life character and services of the president 4 4 the chief justice stated that the first business in order was the offered by edmunds mit the official reporters to the proceedings of the final question edmunds at the suggestion of ofa i several senators moved to postpone tilgmon eilf monday agreed to 4 1 A GEN GENERAL eral EnAL 74 san francisco 24 gen halleck has haa ordered out two companie troops washington gen canby telegraphs that the majority for the constitution in south carolina is about 36 1000 Ohl ohi chicago cago dale creek bridge four miles west of or the summit and the most important bridge upon the line of the tiie U P B R B R was completed yesterday twenty additional miles of the track are completed making in all ali miles the work is being pushed more moro rapidly than ever the president withdrew the nomination of thomas ew ewing ing to be secretary of war by sending to the senate the general J M schofield to be secretary of war in place of E M sti stanton to be removed the result of the election is still doubtful the vote being very close intense excitement prevails but no disturbance tur bance has occurred the returns from the extreme western counties are anxiously looked for as they will wili decide whether or not the constitution is rati rau fled the le legislature will probably be about equally divided new orleans the result of the election is not fully ascertained but the majority for the constitution will not be less than there is a large majority of republicans in the legislature chi chicago 0 I 1 25 the returns from north carol caroi carolina in iq are by counties no general estimate dimate e is JS announced the vote on the co constitution is very close and it will vill require the returns from the extreme western counties to decide the result the slime same samo statement is true with regard to ge georgia orgia general meade has ordered the savannah v 1 advertiser to cease publishing inflammatory incendiary articles or he will suppress it the police broke up a prizefight prize fight near this city early this morning and lodged the principals in jail both pa parties TI tle tie were vere blind and other otherwise wisp badly punished from tue ane effects of the blows received the special si says the arkansas senators and a portion of the congressmen elect from that state have arrived at washington with the constitution lately adopted the new constitution ution will probably not be presented to congress till the tile close of the impeachment peach ment trial it is understood thab that the con conservatives are making an effort to nullify th the election on the ground of fraud no official returns of the elco eico tion bave yet been received general gillem and a delegation of radicals from danville va visited stanfor yesterday and thanked himfar him I 1 I 1 for I 1 remaining at tit his post chicago the be republicans public ans special mentions a rumor to the effect that the pre presidents resignation is already written and will be presented as soon as hils fils I 1 counsel counge have completed comple compie tedi their arguin argument ent an fn 1 defense 1 j a large fenian meeting on thursday d night the floor of the hall gave way precipitating three hundred persons person sto to the bas basement rhent one man was killed abd and about twenty more or less injured two men were mur murdered deredin in a gambling saloon last night by theodore cameron the proprietor of the saloon cameron surrendered himself claiming 9 that the deed was done in self defense the tribunes washington special says that nelson in his speech alluded to chief justice chase arguing that he had the right to deliver a charge to the impeachment court when all the evi dence was in previous to their retirement for consultation on the verdict Th this thib ishag han has drawn out considerable comment it is asserted in many quarters that the chief justice entertains wis MIS opinion and that he will so act when the proper time arrives we have authority for saying that these surmises surmise sf are not founded rounded on fact and that mr chase has not expressed an opinion on the subject to any one general rousseau arrived this morning direct from the pacific coast raleigh Ba leigh returns rec received elved elvea today to day render it certain that the constitution is ratified even the conservatives coil cou cedel ced this ethis the radicals claim fi catlon cation i by several thousand majority 0 dEo boyden is probably the only conservative elected to congress augusia augusta rhe the abe election returns are ae rather conflicting though the dead democrats admit the ratification of the constitution stif ution but claim the election of gordon for governor new xiv york 27 1 7 the tribunes atlanta special thinks the constitution has been ratified by at tit least ni majority aj arity bullock a republican is elected governor byl majority it is probable that the democrats have a majority in the legislature but it remains to be seen whether enough ef them can take the test oath to make a quorum the tribunes raleigh special says the constitution is undoubtedly rati ifield the whole bbate ticket is elected by a ii twenty nive five thousand majority tb the legislature is largely republican virginia cy MT 26 A report from Bo senian says that kenzie storys train was attacked by indians on last friday the stock run off and one man killed weather Is clear thermometer 64 helena 26 warm thermometer 68 fir first at pack train has arrived from wallula FOREIGN ottawa 25 jean baptise lacroix testifies that he saw the shot fired which killed mcgee he has seen whelan inala in jail jall 11 and identified him as the man 11 who 0 fired the shot he is an ignorant frenchman but tells a straightforward story at the time of the murder he concealed himself in a doorway fearing thau that whelan might discover and shoot him london 23 in the lords tonight to night earls buckingham and carnarvon eulogized darcy mcgee in the lords the bill for the abolition of church rates which passed the house of commons before the easter edster holidays came up lord derby and the archbishop of canterbury and york and the bishop of londott london opposed the bill but approved its passage to the second reading tile the speakers all concurred in the opinion that the tendency of the present policy was towards the disestablishment of the irish church A motion was made to refer the bill to a select committee but after a long discussion the motion was withdrawn when the bill was reada read a second time and the house adjourned I 1 london the budget introduced in ln the house last evening formed the chief topic of the editorials of ings papers the times and most of the liberal journals are dissatisfied with the estimates they say the budget is i indefinite and u unsafe and the times predicts that supplemental estimate will be found r necessary to meet the deficiencies and thinks that the new burden ought to fall on the customs and not on incomes as proposed by the chancellor I 1 I 1 cpr I 1 i ateria t lutei intel froth japan via shanghee Shang hae states that chely the tycoon has retired from froba the the mikado offers I 1 indemnity for the murder of the fhe the ibe french french 1 sailors at london the iri lri irl triai trial al of the ferdais charged with yilth 4 complicity tw we the gierk enwell explosion continued after th the ibe elamin tonof conof yit vinnesse Vit nesse the prose prosecution cu n re sted the case th tho council for OKeefe moved the entry of a noile nolle prosequi pro in the case of lii hf client and the council fo fon for barret said eaid his lp i glasgow W when hen after arguments from tuo the counsel for the defense the tho coure court shtil unni tomorrow to morrow Sav savannah annah annab late dates fates from mexico sa say that negrete with gith men is 0 openly pen I 1 y in arms arras against the government many jany lany foreigners 1 iners ners bavo havo have bave been arrested during t tue ye e past month but only five have bee been n expelled from the country none were frenchmen the war in sinaloa is the revolutionists have 1 men nien at corona and at vera very cruz other oilier towns are paralyzed the worms have des destroyed troyed the cotton crops party are making strong exertions to seize th the tho e allies allie 9 wab ath their chief negrete I 1 1 the thaleon Th leon eLeon and other stages leaving the capital are almost regularly robbed the war of races is continuing in balize the english are gaining ground Qt ottawa attawa tawa two detectives swear to having overheard a conversation between whelan and doyle doyie in jail in which whelan admitted that he shot darcy mcgee he seemed to ta take pride in the idea that his big name would be handed down to posterity as a great man aan I 1 I 1 berl beri berlin in biam bismark ark says officially that the loss bill reil reli relative tive to the federal debt which was withdrawn from Pail pa lament ion lon on account of the disposition on the part of the liberal members to amend it will put an end to building ships and fortifications the reduction odthe of the prussian army to a peace footing will begin may first london mid midnight 24 4 startling intelligence telli gence bas has just been received from australia prince alfred vho mhd wha was vil visiting sydney has been shot and da dangerously gerou sly wounded by an unknown person the bauld be assassin who was said to be a fenian was promptly arrested the prince accord according ilig to last advices advises ad vices was slowly recovering it lt Is believed that the sUb substance siance of En glands reply to the emperor Empero of russia was that the proceedings looking to the independence of crete which the sublime porte will not concede without compulsion Is a policy which it is impossible for great britain to pursue dublin the prince of wales embarked for B england today to td day before sailing he gave a dinner on the royal yachi about forty guests we were re pre pres igne eaf among whom the utmost good feeling and enthusiasm prevailed 11 I 1 paris dispatches from various parts of spain report that the disturbances wave have been suppressed madrid the following is the new cabinet branbo murrillo president vice deceased and minister of the interior Run Eun call cali minister of justice and foreign affairs magnaldi Magn alde minister of war arobia minister ol 01 finance Cate Cat ediana alana minister of public works |