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The Greorgia, TVeekly Telegraph.
jjrfiTELEGRAPIL
-'a^rmnAT, maw visra
•^iiipeaciihext~
upon. Tlie people love the laws, and in the I to refute the position should have been ad-
hearts of the people of thi3 country is im-lmittecj. When a court sits fora special case;
planted the supremacy of the Constitution [when its decisions cannot bo reviewed; when
and implicit obedience to it. He knew that I there is no appeal or review or now trial, it
many people thought a written Constitution j must deal with all the evidence, and unless
wns only intended for a chrysalis state and not J the court is satisfied that a constitutional
for the vigor of manhood ; that it was only case is made out, you must re-open the case
the swathing bands to protect the puny in- and again call the respondent before you and
I faDt ‘ He knew that such sentiments as this hear the rejected evidence. But you must
OF THE PRESIDENT, had been enunciated with one or tbo other | inquire if the President has committed a
House, but they were not the sentiments of crime or misdemeanor. Epithets used in
the people. They regarded this as a trial of laws amount to nothing, and therefore the
jpEBClI OF ’IK. EVARTSi the Constitution, and it was so regarded by [word “high” before crime in the act of 1807
i j foreign nations. " | means nothing.
. ji„nimort Sun.] . Now, Senators, let us see to it that we When you put in your statute that an of-
. n ji <10 TVm nr ■EVnrfo Knew what is expected of this trial. If our I fence is punished by death, you need no eni-
Aprd.3.-Wm M Evarts boaste(l , ibe ty f 9 to RO> nnd if hcr st c rn tbet to show that it^is a great crime for whTh
counsel for tho I .esiclent, addressed monitor law is.to be overwhelmed and hushed [the offender is to be thus punished; and
: :t. by this new wind of opinion which comes up when your Constitution said the President, on
jvjrf; s i’ul that ho was sure that no from a thousand presses, let us not revel in J conviction, should be removed from office, it
”, thoughtful temper would wish to the new era. ' ] was implied that the crime for which such
1 T pirt in the proceedings of this day, He was now brought to on inquiry asked punishment was to be meted out was a great
^opelled to do so in the interest, not j very early in this cause, and discussed with J one, and tho word “high” was not needed.—
. j, t ut of country. Thc absclute oc- great earnestness and learning whether this Yet it is gravely proposed to yon—who from
lllc'i convenes the Chief Justico of was a court ? He had never heard before of this position some of yon do not disdain to
"j States nnd the Senators in this a plaintiff or prosecutor coming in and as- look up to tho Presidential office—it is pro-
.7 ; th»t the President of tho United suming that this was not a court He ad- posed to you that it is a little thing to strike
.,;,cre in submission to the Constitu- mired tho intrepid manager (Mr. Butler) who down a President and deprive him of his
| had first made this assault, and no doubt the j high office. You are told it is a trifling matter,
’ Ally has brought us all hero to this j tennager thought lie mu9t turn the court out because it does not touch life, liberty or
vceilure, anu has assigned to all 0 f I Lis cause i or bis cause would be turned out I property. If justice requires this removal
7‘‘ Tiic service of the constitutional conrt -. [Laughter.] The counsel had can you say it is trivial?
' of impeachment in our great l,is- *°und that this was so much of a court that j Will you change the whole system of the
i nation has really touched none of the y coul(J nofc P ut a leading question in it. Government because there has been an acci-
. interests which arc involved in the " e ma y ttssume, so far as words go, that it is dental infraction of a penal statute ? It is
77,. first proceeding was against a a court, and nothing else than a court; but I well to see what the measure of criminality
, 0 f this body, which partook of no ta0 manager says it is not a question of sub- would be under indictment, and tlien Sena-
\ natnre ; tbc second against Judge 8tftnce - Through alt the English history im- tors will see what the actual infraction is.—
, v hich onlv affected personal mat- pcsebment trials were conducted as in court, The provision of the Tenure-of-officc bill is
;;' P ) ’,j St tho cas’o of Judge Humphreys, | and wcrc gutted by all the rules of a court, j that its violation shall not exceed $10,000 fine
• ore was no question of intent ana 9 D0 *L® ear L er titles of the lords of Par-[and five years’imprisonment Six cents fine
” !>rtrvthing was apparent. The case3 Lament was judges of Parliament, and that and ono hour’s imprisonment under the law
• chase and Peck of men holding body was the highest judicial tribunal in the | may satisfy its infraction.
•S ant elevated positions of public I * and - In Hastings’ trial Lord Thurlow ut-1 At this point Mr. Evarts referred to the ar-
i : h , r0 ti 10 w hole matter is of per- terl y disclaimed any knowledge of the laws gument of Mr. Senator Sumner, who, when
Stconductin office. Butwhatdo we and usa S ea of Parliament, and said: “In theTenurc of-office act was originally under
i ret The whole political power of r ormcr when impeachment was re- consideration, urged that some fixed mini-
\* i nV oked. sorted to to crush a man, the laws and usages | mum punishment be inserted, and gave as a
. 3 °f Parliament were quoted. In these times reason that a court might try a case under
’ - House of top . n,t t ves ib of light he trusted that Parliament would be political bias, and no punishment except a
accuser, tho [ d «* of t be United guided by tho , awg of the , and » nomina , onc ,’ ouId thc n be inflicted.
■ ’ > s l lir ® “ ^ thp. N°w, this is not the Senatesitting on legis- To this argument at the time Senators Ed-
_• Inited Mates n j ages. lative business or executive business, and if munds and Williams replied that this was
. e here to tlelwm 8 . it is not a court, what is it ? For what are not to be considered a heinous offence, but a
use of them s , *. f , , H? wc here? If it i3 not an altar of justice, it is mere political offence, and that a fixed pan-
,r. Crime ami vi P c 5* an altar of sacrifice. It is then the demon of ishmeut was not necessary. That would be
portions °t govern! e r „u„n; A V S !,o= I P art Y that we are to appeal to here. the case under an indictment, but in this
itagr. The cn , „ f w . In the trial of Judge Peck what was said ? | case, if the resjiondent is convicted, bis pun-
,v,l the Senate and llonse o Keprese ta There was a pretty stern body of managers, ishment is irrevocable and terrible, and a
* i f 8 d&dvtatagQ y be » P ' d .® Ambrose Spencer, of New York, had some- punishment of infamy, and one greater than
!i)JI membership, i ne c ™ thing to say on the subject of party bate, and he can bear. These considerations were in-
^fibeassa^nluM placed the ex cut said that the record of the House showed traduced simply to show that this penalty
:: 1 ol the government In Tf that the impesachment had been made with- finds no support in reason or law, none in
rinwasnot elected Fresdent. It they put any party influence, and if that balelul common sense, and none in support of the
sfomt the President,allLjrJSflJjji ,, influence had cast its shadow over it, he (Mr. | great people the Senate represents,
as they now are. The House Spencer) would have scorned himself if he The extremity of the law is often the ex
:H i t50wncbambw and you will ramain I have appeared M a manager . tremity of wickedness. He was now pre-
.1 the 1 resident of the Un^ After reading this extract, Mr. E. turned I pared to consider the general nature of the
, :vr out his constitutional term. to the Senate and said Mr. Manager Butler | oflence charged. He should endeavor to
: if the President shall be condemned talked to you by the hour ; did be say any- | consider three propositions: First—that the
.-■moved from office, thoro will be no thing more wise or more becoming than | alleged infractions of the penal laws arc not
. st of the United States. For no roan this? Judge Spencer was a politician in the impeachable offences under any color or evi-
c President who has not received the I House, but oil tbo bench, or as a prosecutor j dencc. Second—that the subjects at issue
.sol thu people for that elevated po- he knew no partisanship. are political, not judicial,and are not proper
1 t1, n /Inf', a «f mill linva fn Ka I Tf a.V.2 _ 2. a. ». •. • as « « mi I i. i. „
remedy of impeachment is sought. Not long
since the Legislature of New York made a
law levying a tax on brokers’ sales in New
York, which would have realized $10,000,000,
and they made it penal for any broker not to
give a bond to observe the law. Now was
the great problem arises as to its limit. Oar | Two passages he would ask to auote from
ancestors disposed of the question. this debate oF 1789. The first bv Mr Marik
Sometime in the height of party the Presi-J son, that the responsibility’of "executive
dent has seemed too strong, sometimes in the power was lodged with the President- and in
Kerc-p fno mw IYOW wna , sht vL Con SF es3 Las seemed too reference to the Senate exercising a ’control
it very wicked in h|» thebrokem [ tha^o^^SSdstiSfSiS^thf | clrs, ^ SSSf^tSSd
r that ;!l C . SaSWS ™ S P. e0 | le * The ver y esa eoceoVthe Constitution make
indicted for"refusingto pay a tax on sales" “ U,b PrVsWent i^his'fouryeare!’^te?“ andfhe Sti^l wJSdratttat b!dy tlfhSdSf I “ wi 1 thou .[, si ? cast "j ll£! . Grst stono,md "the
House of Representatives in their two year,’ the 33& "
papers as eloquent. He had seen the
speeches of some of ihe honorable managers
described in advance as models of eloquence.
He had even seen that the speech of one of
them made 33,000 words. [Laughter.1 It the
proclamation was to go out to the people re
stricting speech to proprieties and refine
ment, he would say let him among you who
come ‘ to the. Supreme Court of the” United I ‘ There >.° gaping from
States for a vindication of the Conditntion.
The court of New York decidedthelaw un- j upon'tbeir^conduct afthe end of each recur- I bili^fcr "tSaHoffic^ZSwit?,“The I tliC mana S ers ’ ( Mr - Butler,) as that gentle-
constitutional. Was he wicked, or was his ring term. He would read from Webster Senai 3 ICSt Wlth tb ° TrT ^ RS a model 5 first in P cacc . *
broker a bad citizen, because he w«UId not that the President was' not the servant of Mr Evarts here mart ,, 0 r ., „ I f, , ln war, [renewed laughter] and first
violate the Constitution of bis coumry»- In Congress, but was thTservantof theToplef LiSandWorks^rfft! SS?J5iS£ So ntraS^I^f ' ‘ ‘
the beginning of the war, President Lincoln just as Congress was. He would not add to subject of removals, in further sunnort of the mTe L/^iT- , , „ ■„
suspended the habeas corpus—violrtmg the the peremptory instructions of this statesman noint made hv him 1 ,? • 7,‘ n ° re rcacl fr om remarks ot Mr. Sum-
law, violating the Constitution. SVas he The^atdanger wwSoTe brantffi S^g KrioTto nTit AfnTT that tho President of the
impeached ? Writs of habeas corns were the other. ° in j e tt P „ ra tffiS„ Flshe - r ^, mes United States was an enemy ot his country,
being issued toget asoldicr out of tie fort at | At 4 o’clock p. ir. Mr. Evarts without con-1 ton-tlie first was rf« I For . t i hl3 ii!_ w ^. c , aded , to . ord _ er . when the
Key West. The judge had the soldiCi
I Aoril 3S I SSdor/ 0 «nd‘th«T n,m n t 0t , f0r t lsl ! I io . bol "S *>** «
captured by habeas corpus. He did 3ot know I Mr Evarfq qjiu! tlio «. A. I *1 * f a ^o' 0U ^ extend I usual [laughter] limit of debate. The Sena
wb P .X7& bo»o“ bk ™»«gcr (St B.tkO powei of”LSl if °«»5 id ?b« £ SsIS^KS^ ntST- ,or from ° tl ° <“-• Sbemap) nU tbota-
had ever made such a use of the hdieas cor- tive, would lead ’us to a mmnrf'hT wTo manTtlTtYhnrnTfnV tbc °P mion of guage was clearly in order; [laughter] ho had
pns in bis raiditnry career. |^^^,5 ^ &
and sent in his reasons on the asssnbling on Federalist on this point A little closer at strict construction nf the f thl3 a Ilad had Lore on the question of receiving
Congress, bn, bo tms .over onllod »«»"„„■ tetfon, bo,b“ “tfSns SSdSfS^Sn^^aSffiTta?"
font General McClellan arrestedtheLegis- of the Constitution and the character of tlm eu-cted a law rownii,. iav n nays io. [Laughter.] The Senator (Sum-
lature of Maryland, not that he Qb. E.) had debates, will show uT^of aTydoE ‘act fifiS wTan Lemv ofThTcoLrtT itt
ever heard of under any law, but io pusjsh- | moval, as between tho President and the in reference to tho unconstitutiraalitv of that M nc “ y ,°. f ^. e ,. C0UD ^’. th , afc
ment for this xvas inflicted on * M
have now on their statute books
demnity for various acts done
officers in violation of tl.c law Kilitap tri-1 representation as to States, where Statw | by any civil procc.4lorThc puVp“ose of teting I speech wTT ume^tricteT'
bunalshad violated) and the Sup.cmc Ciurt j small in numbers had the same power as I its constitutionality. It may be a auestion Tiiia } n •» C i -j
had declared them unconstitutioml. M E. those ot immensely greater populatFons. It as to what action will be proper for the three liJiJ which was to be -iveTTT debate he
here alluded in a humorous style to Hie as- was said thep that this would either make us branches to take in reference to the uncon- would like to know wh?theF there was’aJv
tronomical figures of speech used oyMr. the greatest federal republic or the worst stitutionality of a law. Lore ImproDrietv in the
Manager Boutwcll in his argument. consolidated monarchy. The question arose The duty of the judiciary is plain. They that Congress was hamrin^ra tt‘J?™&
He wished to draw their attention b what as to the share whlcn shouia bo given the wait until a law comes before them and then Government, thaT in the ^nator sayfog tho
he thought was a matter of great moaent— Senate in the control of the executive ap- o^ia. ,> T t ; s ni , p , tinn P ._- )n>>f . •* uo
to the particular circumstances undeiwhich I pointments. Mr. Sherman claimed tha't it I as to what action uoutroca ^ -,fLT HS Tr D
the two departments of governmeit were | should be ajiportioned according to tbc J by passing a new law or re-enacting an old I had then got up and safcf’ffiaij'iSurtftJilS.TO)
brought into controversy, and he dd not States. The elder Adams died in tho belief one, and how far the President shall persist (Mr. Sumner) had by his language rendered
speak of persons. The office of Presdent of that this power in the Senate would be one of executing a law which the Supreme Court I himself incapable of sitting on the trial of
the United States was onc of grea' power the most fruitful means by which tbo Con- has declared unconstitutional. The Presi- the President, if that officer should be inl
and profit. It is, and is intended t> be, an J stitution might fail and the Government be I dent has the right, and it is his duty, when a peached.
office ot great authority. It depenis for its broken up. Now, the Senate was not only to law conflicts with his prerogatives, to put it Mr. Evarts then said he would turn to the
peace in the Constitution on the fast that its have the advising power as to appointments, in train for a judicial decision. He (Mr. E.) other house and read from the reports there
authority is conferred by the suffrage of the I but to have the preliminary absolute power [ would now quote from a speech made by the I of the language of the gentlemen who had
people. This power is not, then, Ixercised to say to the Executive that these officers Senator from Massachusetts (Mr. Sumner) on been sent over here as models of propriety
as the will of an individual, but bcause the shall remain where they are, although op- the fugitive slave law in 1852, on tbo right He then read, amid much amusement and
E eople who are behind him are holting up I posed to him, so long as they are in accord | of each department of the Government to I laughter, which was finally checked by the
is hands in the discharge of his duty, When with you. So soon as this is done, the bal- construe the constitutionality of a law for [ Chief Justice, the colloquy between Messrs,
the Constitution comes to this trial, tiat one I ances intended by the Constitution are broken j itself. The Senator said he adopted the lan- j Bingham and Butler in the House of Bepre-
is to be elevated to this office wh* has not down. He would like to know how the peo- guage of General Jackson, that “every officer sentatives, Mr. Bingham saying that he re-
aml tho duties of it will have to be
stered hy a designated officer—the
. ag officer of this Senate, who will
itc two officts to administer. What-.
: ji disarrangement or confusion will re-
'va this will be attributable to your
a. This novel state of affairs, entirely
■ ;.i this country, will be that the office of
hsident will be sequestered, and will
liaiaisterad by a member of the body
has sequestered him. If the second
ccf the government elected by the suf-
f th • people was standing behind the
st, there would bo no such shock in
s and feelings of tbc people as
!>* hy one -taking possession of the
Tt did not receive their suffrages.
: 7 the trial of tho Constitution, and
jf great office which he holds or
vaal feeling for him, or the presence
. House of Representatives as accusers
• eieat tribunal, with the highest law
k of the government, or the splendor of
^ion in following Roman nnd English
■ w, form any part of the solicitude
which the people of America are
bug you. They are not given very
i to pogeantry, nnd all the glare and
of pageants cannot blind them. It is
-hort time since that the exalted tribu-
rrr which you, Mr. Chief Justice, pre-
ns engaged in the determination of a
deep in the interests and tho liberties
f American people.
: people look upon the Supreme Court
tmlwark of their bill of rights, and
; prime Court cut the are of Congre■-
11,0 people are «• r -
i.'sscttcutul supervision over this matter.
’ events of the last six years have shown
-i; the people need not be afraid of any-
f. anybody’s war. They are the masters
'-fir country, and they bow to nothing
r.s Constitution, and they respect their
who bow to it. They see now one
’'■r'.meat of this government brought to
- Lcfore auother department.
-• ,- M been spoken of here as if the Presi-
°*th was the oath to discharge the du-
' his office, and the duties of the office
■■■■: ;o carry out the laws of Congress. That
: •bp President’s oath. It is the oath of
:t officer. The greater part of the oath
: -e President is to support, protect and
ad the Constitution of the United States,
that oath is exacted of no other officer,
nderetanding the tremendous responsi
ve* of such uu obligation, they conferred
-t upon one officer, and they expected
- to defend it against all aggressions,
!rom whatever quarter it may, by con-
•nnal enactment or otherwise. That
-i' protect, support and detend the Con-
- i' ll of the United States is registered in
• ■ lltsvcn. The people expect the Presi-
- to keep that oath, they require liin! to
-, a:n it. The people poured out their
1 sustain President Lincoln to keep his
J,anj now, when the attack comes in the
~riolence, they look upon the President
-pataia his oath, and will as freely give
[ support. They have resolved that
1 ' l >ident shall ne t take this oath in vain
r •Ley have the power to maintain him.
fir servants are imitated by the people,
people yet claim the right to know that
■“•l ( o the Constitution, and satisfied of
will support it
'7 »re no convert' to the doctrine of
?ftiuonal omnipotence—they do not be-
*' a >hc nonsense that the Constitution
"hws must be obeyed, only that, when
; ''hc in conflict, the laws must be obeyed
,, Constitution not. When they see
’litile enginery of impeachment brought
' fv. they desire to know for what crime
rasidentof the United States isar-
‘ here. They inquire whether he has
!! !e< \ bribery, or treason, or given up
•ivrties of tho country to a foreign
C They And that it is nothing of tills,
1111 is only because ho has attempted
>T * a cabinet officer.- lie (Mr. E.) rc-
rt( l a story of an old lady who said
"i,on yr u took away her total deprav-
u look away her religion. So it was
! ®e people of this country—when you
*' Ta y from them tho removal from
;° u l0 °k away their politics,’
- r ^ ! pissed a Jaw making the exercise
u wui from office by the President a
.and misdemeanor. The Presi-
• -■y°vts nn officer of his Cabinet, and
*s to be removed. Well, has the
they laded away. Now in this Congress one
sarty hold a three-fourths majority in each
louse, and this shows how the calculations
——Jn the Constitution have failed JVhat
was meant by a two-thirds majority ? It was
never then supposed but that parties would
be too evenly divided to allow one particular
one to obtain such a control of the legislature.
Ho begged them to pause before proceeding
further in this terrible struggle between the
co-ordinate branches of the Government; how
disastrous it will be to the people, whose for
tunes arc embarked in the ship of State.
Under the evidence rejected, the effort of
the President to obtain a decision of this
question was shown. The President was
department of this government
too strong for tho restraints of
,7“ s, ‘iution.
i?i rjt r '^ B»con to the minister of Charles
i let no arbitrary rulo be entered
If this is not a court, it is a scaffold. The | to be considered in this conrt or any other
honorable mt.nager says you have prejudged court, but at the great forum before the peo
this case; that you judged it »n the night of plo on the hustings. Third—the precise
21st of February. He (Mr. E.) would not weight of tho facts that none of the alleged
have used these bold words, but the honor- infractions have been proved to be facts. Wc
able manager had so said. If this Senate did | must separate, for the purpose of argument,
as a court judge this case on February 21st, | the inuendoes, the'insinuations, the aggrava-
then it was here now to play the part | tions, that find a lodgment with the man-
directed by the managers. agers, or perchance in your own hearts, from
Alas, to what end are the wisdom and the j ?he true, polite limit of discussion or action,
courage which our ancestors brought to the I It appears that up to 12 o’clock on the
making of the Constitution ; of what avail is 21st of February the President was innocent;
the prohibition against ex poet facto laws and J had done nothing which was an impeaclia-
bills of attairder ? What is a bill of nttain |blo offence. What was the act? It was, as
der ? It is tac enactment by the Legislature j Las been said, a new offence; it was, if any,
of crime, punishment and penalties in ono j apolitical oflence. It was to remove one
breath. Is this Senate to sit here and not be I officer and substitute another. It had no
guided by the law and the evidence. The | other action, no other plan, and would have
Constitution had lodged the trials of im-1 had no other consequence within the limit of
pcachmcnt ir the hands Of the Senate because | this indictment than the substitution for Mr.
it was the mast proper body. Mr. E. here [ Stanton of another American citizen, with
read from tbi debates in reference to making J the advice and consent of the Senate The
the Senate the court of impeachment. Mr. | legal ad interim appointment was one until
Pinkney said it made the President too de-1 that time. It did not involve any change in
pendent on • he Legislature; if he opposed a j the policy of the administration, no danger
favorite law it was in the power of the ino I to tUo nnMy ot ti»o ot=vt<>. «o>i lum,,-.. s-—*-
Houses to combine and remove him from the credit with the two bouses which the
0 fp ce Secretary of War (Mr. Stanton) enjoyed, it
Si IteCo',« ”t or,‘'s for’crf ujoi jo“ ««<| people, l.liat the
ject them . - P * ■ 5 rrirw Ipartmcnt; was not conducive to the public
S «5 n ^» ’„n)i inter anfi f riiipr’ i service, and however some might claim and
and ar ® . ’. f Tnatim in th«! Lelieve that the politics of Mr. Stanton were
nnd wickeder than before. Justice m tbc j b2tter tl)fm ^ ot tUe Pres ident, it could
‘ 1 ,rso “ mata - • „ of t hp n °t he contended that that was any reason .
,!* w ,-. •, , t] | why the whole machincrv of the Government br-.iglit low beneath the power of Congress
- .. 8 Lo“ld be disarranged. This nci> c,r- • tv ,-thirds passage of the bill, and
sanctify of justice ever have been a ed or | tainly effected an entire revoluti in tiu - v. »vh*. hs seeks to have its validity de
i»iued,thi3 two-third3 power again steps
in and brings his head low. Now the balance
of the Constitution are gone, and what if the
people despair over a written Constitution ?
Our fathers were wise, and made a wise Con
stitution. If their descendants had not the
courage or the patriotism to maintain that
Constitution, what hopes bad those descend
ants that they could make a better ? Was all
the power of the Government to be swallowed
up in the omnipotence of Congress?
The agitation of slavery had been the
womb from which all the.disorders that now
afflicted the country had sprung. The eman
cipation of the slaves had thrown four
millions of people, by the results of war, not
of peace, into a condition of freedom,
against the wishes of those who were con
cerned. Such an act as this, such a revolu
tion in social life, would have been a great
problem even if done in peace, and the
proper solution of it attended with great
difficulty; but how mu’ch more difficult was
it when in war! What has formed the sta
ple of politics for the last four years ? How
far the General Government has the power to
model the transition from a state of war to a
state of peace; and when we see how far the
Constitution extended this power to the
General Government, aDd know how jealous
the people were of allowing any interference
in their domestic concerns, then we see what
a fearful inquiry it is as to how much the
Constitution does allow.
He did not desire to comment on the lan
gnage which was now used, but only to call
their attention to the necessities and dangers
of the situation. When two years after the
war the terms rebels and traitors, which be
long to a time of war, are used in time of
aeace in political dlsoussians, minds trained
n the old school, attached to the Constitu
tion, and unable to comprehend the theories
of the trans-constitutioaulist3, pondered over
the ruin the war had made. All this is
within the region of politics, and the people
arc unfortunate if their public men cannot
distinguish between a legal and constitu
tional crime and an abominable offence,
otherwise freedom has become slavery and
oarty lias becomo faction. Stay the pressure
jefore adverse circumstances shall weigh
down the State.
He held in his hand an article from the Tri
bune,' written with great force npd skill. He
would not read it, but say that it was an ex
cellent scries of articles of impeachment
against the President for political repugnance
and obstruction of reconstruction. It was
an excellent nrticle for political impeachment,
in the press and on the hustings, but not here
Where there is a judicial tribunal. The idea
that the President of the United States is to
be brought into this court on an indictment
which is not sustained, to be convicted on an
indictment that the House of Representatives
refused themselves to entertain, or on that
wider indictment in the newspapers, is too
preposterous to be believed.
The co-ordinktion of the powers of a
government is not only a great effort of the
framers of the Constitution, but as it occupies
the greater part of the Constitution, it is re
garded both at home and abroad as the
question of greatest importance, and thejdea
was that each branch should possess the
power not to encroach on the other, but to
resist the cnchroacbments of the other. A
n-reat deal has been said about tho great
power of Congress, and so it has great power.
The power of the judiciary is simple, but
when you come to the executive power, there
received the suffrages of the peqile, then I pie of this country would like to go through I who takes an oath to support the Constitu- pelled with scorn the imputations of the he-
doubt, difficulty and despoudenty come, the formality of electing a President on the tion, lakes an oath to support it as he under- ro of Fort Fisher, taken or not taken, and
These powers, then, seem to be demotic, and ground that the constitutional balances of stands it. Any decision of the Supreme being the cause of the murder of an innocent
give force to the charge which has been President and Senate were to be preserved, Court was not binding on the legislative or woman, (Mrs. Surratt) and Mr. Bingham again
made in reference to our vicious tysterfi of and then find that the executive power was the executive department; it was their right replying that he cared nothing for a man who
politics. all to be administered on the principle of the J to construe the law for themselves. Times lived in a bottle and was fed with a spoon.—
A Vice-President is often taker with views equality of the States. Ho would like to change and we change with them, but princi- Mr. Evarts then quoted from the New Testa-
differeat from the President, for tie purpose I know how the people would view the spec- [ P^ es never change.” Now, can it be said that [ ment the passage concerning charity,
of conciliating other factions. Yow when tacle; how the people of New York, and when an act preventing the President from Mr. E. then read a letter from Jefferson,
the Vice-President comes into power he is I Pennsylvania, and Ohio, and Indiana, and all I removing a man from office is unconstitu-j that he had pardoned all those convictied un
placed in the attitude of havinw betrayed his j t]ie growing States, are to have their repre- I tional, that the President, for not violating j der the alien and sedition laws,
party, and because he follows his life-long sentation according to population in the elec-1 his oath by refusing to obey the law, is to be As to propriety of language, what had the
viexvs he brings down on himself th* denun- toral college, and then to find that it is only dragged in here and deposed from office ?— President said more disgraceful or improper
ciation of those who elevated him. He was I ft form; that the President has no executive I Such a course as this tears the Constitution J than what had been uttered m this very pres-
not speaking particularly in this natter of I power, but that it is administered according J asunder. You make a martyr of him. Iflencesince the eminent Chief Justice of the
the present President, but of facte which had to the equality of the States; that Rhode y°« dismiss the President upon these grounds United States had taken his position here to
Ion" been apparent It was well known that Island, Delaware, and the free States of the you *Lrow open the door for the n.asters of preside ? The mauagers had called the Cabi-
impeachment was moved against Mr. Tyler | Pacific, are to have tho same control as they. | us all, in the great debates of an intelligent, | net officers the slaves of a master^the serfs of
in the IIou
more than i
the excitement'
that Mr. Tyler had done anything calling iw. , „ , . , - ® P o
impeachment ? So it was when Mr. Fillmore and balances of the Constitution arc to be other. J offices, and from the names of the Senators
became President; the same charges of be- perverted in this way ? Here a brief recess was taken. When the who had been mentioned as willing to take
trayal of party were made against him.- Tho power of removal in this Government court was called to order at 2:35 p. sr. | these offices in prospective, he did not think
No” man fs responsible for the~fact that the I has always been claimed by the Executive, Mr. Evarts resumed. There was but one there would be enough judges left.
Presidency is, as it were, an undefended independent of the Senate, until the passage other topic that he need insist upon now, but The President’s speeches lie did think
t J j of the act of March 2, 1807, the Senate never j which bears upon Ins argument—that it is a I would compare unfavorably with the argu-
1 The weakness of the Presidency is now op- having, until that time, claimed any charge political, not a criminal controversy. The ments of some of the managers. He would
posed by a vast majority of Congress. The | of such power. The act does not claim it in | Constitution of the United -States never in-1 now take up the Emery article, which was
! Presidency has but three protections against
the legislative branch, and two of those, the
two-thirds vote over a veto, and the two-
tbirds vote necessary to impeach, how have
and ever will l,e. The furies of mythology J J™„r VU,U “' 5 " U
had cha ^«^ *5V^?ro«howered udm I 11 effected ™ other man in the United
the reproaches of history »States but the President, and meant as much
hose who have Lcfrnjed the obligations of as . f u bad said dircct , y ’ thc Pre8idl , nt sball
their eatl). Ic k , ? P , , be fined and imprisoned if he removes a man
steel should draw the t&underbol . and take from officc _ It * wa3 a direct invasifm of the
it to the ground. He knew 7 , I right which had always been claimed under
should draw from the cloud of passion and t ,° CoDStitution hy t h e President; and when
party its sting. b(J j 3 p ] accd ; n ^e position of surrendering
The managers may talk by the hoar that I Tip b j a own rights, and if he refuses to do it,
their oath has nought to do with this, that bc canno t by any reason be adjudged guilty
this is not t. Conrt; but he would interpose j Q f a crime in a moral point of view. There
but one sentence : “Thou shalt not take the J bad j} Cen a great deal of talk about violating
name of tho Lord thy God. in vain ; for the a j aw ,_ y ou cannot violate an ur:constitn-
Lord will not hold him guiltless who taketli I jjonal jaw. A law is not made constitutional
His name in vain.”. The ermine which you [ raC rcly by reason of placing it on the statute
wear as Chief Justice maybe consumed by | boo ks. The learned manager (Mr. Boutwell)
tho moth, the people who arc at your doors i, adsa i d tlie Supreme Court had net annulled
may perish into dust, all nature may crumble, I tb i 8 j aw The Supreme Court had no power
the Heavens and the earth may pass away, j t 0 auitul a law; it did not possess any politi-
but net one jot or tittle of the words I have | ca j po Wcr> aad its decisions did not annul a
spoken but will endure forever. j aw any more than it had been annulled bc-
Mr. E. here said lie had reached the point j j ore . The learned manager had also spoken
nt which bc would like to close to-day. The | Q f tbe obligations resting on thc President to
Court then adjourned.
WABtriNiiTON, April 29.—Mr. Evarts re
sumed his argument as follows:
Mr. Evarts then resumed his remarks, and
said it must be apparent, from what was said
yesterday, that this was a court. If the
idea of power and will is driven from this
assembly, then much that has been said calls
for firmness in our midst For it cannot be
Baid of thc Senate that it is carried by num
tiers, unrestraiued by law. The President is
to be tried then in accordance with law, and
not upon common rumor or common fame,
was asserted by thc managers. If this be . a
trial with the end of public justice alone in
view, the judiciary rules must prevail.
This trial, however, presents the unexam
pled spectacle of a tribunal that overreaches
judgment and treats tho accused as already
convicted. Referring to the attempt that had
been made to exclude proof, Mr. Evarts said
it was generally supposed that forensic dis
cussion was the mode of dealing wjth this
subject, but it seemed that invective took
place here. Tlie Chinese method of warfare
is the science of concussion, the blowing of
trumpets, the sound of gongs, and shrieks
and groans in the streets. But it has been
reserved for our day to see an attempt of an
other Jtind at concussion. It was first direc
ted against the stone walls of .a fortress, and
wns utterly ineffectual and inoperative. Not
satisfied with that, the manager who opened
this case tried an intellectual concussion
against tho walls of the Senate. Wc have
survived it all, However, as tho form ot con
cussion gave way to discussion. [Laughter.]
Mr. Evarts then quoted from Mr. Rutlcr’s
speech to show what tho latter understood
to bo impeachable offences. According to
i • • * maw Ka mp.tltt the son-
-' n removed! No, he is still in pos- j ] ds view, anything may bo. mado the sub
his office. Did tho President use stance of the crime, and this Was a fallacy.
-°* Tho people cannot be blinded I The question of what constituted an impeach-
set of men is much more op- I tiic managers, ne also read an extract from
’ "** that of one. The liouojablo . the report of the ’trial of Warren Hastings
Li-i? called our attention to the upon the same point, to show what were im
Tilifh * n ^ uc cd the resolution. Well, peachalilo offences. Ho would not insist,
■7 • rs Wt ot to war to resist tho tyranny after the able argument of 31 r. Curtis, upon
"■■ »ment. The people are unwilling tho strict constitutional necessity of showing
here what is crime against the Constitution
and crime against the law.
It must bo evident here cither that there is
no case such as is contemplated, or else
that the evidence offered by the respondent
execute the laws. He (Mr. E.) did not claim
for the President any more right than any
other citizen to disobey a law which concerns
us all equally, but not so with a law which
applied individually. It was very queer when
tbc Constitution says that Congress shall pass
no laws in violation of it, that when Con
gress does pass unconstitutional laws, it is the
duty of everybody to obey them.
Every good citizen has a right to put him
self in a position to determine whether he
shall stand under the Constitution or under
the law. Tho Constitution was on paper, the
law was on paper and thc order issued by
the President was on paper, and if the law
was to be superior to the constitution, then
that instrnrtc-nt was a mere empty nothing.
The President took measures which, without
force, without violence, lie honestly believed
wonld determine the rights which were
vested in him by tbe Constitution. There
was no malice aforethought or prepense
it Tho moment you can punish a man lor
an effort to ascertain without violence what
are his rights under the Constitution, you in
fringe upon ono of the greatest liberties
second to thc Constitution. The criminal
law of a free people distinguishes between
actual and technical offence. It would' be
monstrous to bring the President guilty of a
technical crime nnd deprive the people of
their executive bead on such a charge.
At 2 p. m. the usual recess was taken.
At 2:35 P. M. tho court again came to
order. . „ ... ,
Mr. Evarts resumed: ne was quite amazed
at the manner in which the learned managers
bore down on those who obeyed tho Consti
tution as contradistinguished to a law. It is
the duty of the profession to defend all acts
done under the Constitution. An officer
whose duty it is to give force to a law by its
execution, is bound to do it under the pro
visions of the Constitution, and appeals to
them for support. An officer in the State of
New York undertook to or did raise, a Ipan
of eight orjten millions; when a draft in pay
ment was presented to 31 r. Noel), the auditor,
he refused to pay it, although the six million
loan was made in pursuance of a law. This
office?, according to thc managers, ought to
have been impeached.
The Supreme Court decided tho law con
stitutional, but on an appeal to the Court of
Appeals it was decided unconstitutional.
The President, bound by his oath to protect
and defend the Constitution, seeks to have an
unconstitutional law, as he believes, brought
into the courts, and for this action of his the
The | ments of some of tbe managers. He would
Constitution of the United -States never in- HH|
express terms • and indeed, the manner in I tended to restrain or coerce the' consciences | confined to a conversation of some half an
which Confess has framed the bill is pecu- of men or bring them in as judges on ques- hour between the President and a General of
liar but the power of removin" an officer as a tions between themselves and other depart-I the army. Secretary Welles had informed
separate executive act is absolutely stricken ments of the Government, and he asked them [ the President of some unusual movements;
out You have deliberately determined that to look at the attitude in which they were that officers had been summoned from the
the* office shall remain as the estate and placed. It was abhorrent to the natural halls of revelry, as they were in Brussels to the
possession of the incumbent permanently, sense of justice that man should be a judge battle of Waterloo. The President said he
and that no new appointment shall be made I in his cause. It was inconsistent that a man did not care much about it; so General Emc-
unlcss confirmed permanently vy me oeuaie, | o,uld i>® impartial in try!tag » mom n-horo I ry oamo nnd expounded tlie Constitution to
and the new appointee must go in and quaU- j he had already formed his opinion. When I the. President. [Laughter.] Reinforced by
iy and take possession. This is a strange I he showed from the records of the Senate I the opinion of 3Ir. Reverdy Johnson, a law-
position for over forty thousand office-holders, that you yourselves have voted on this law, yer, and 3Ir. Robert J. Walker, a lawyer, he
with their $21,000,000 of emoluments, these thcconstitutionalityofwhichistobedecided, put down the President. This was the Erne
fi"ures having been brought in here to show Y ou pronounced by resolution that the re - | ry article, and if the President was to be re-
- - - 1 moval of Mr. Stanton and the appointment!
of General Thomas was in violation of the |
Constitution and the law. If you regarded
this as a political action, then you cannot pass I
upon it in your judicial capacity.
When the removal of Mr. Dnane bv Gen.
the glittering prize which is contended for.
He did not intend now to discuss any ques
tion of tho constitutionality of the law. It
had been discussed with great ability by the
leading men who were its supporters in both
houses, and they had been satisfied of its
constitutionality; but after the expression of j Jackson took place, in the
the legislative will there would yet remain, j followed it was conceded th l
not only among jurists, but certainly in the I meu f was to come, the resolution must ti
Supreme Court, the question whether the one I suppressed and no debate take, place, but
or the other view which was taken was cor-1 fhc action was regarded as political, and as
rect. This bill reverses what ha3 heretofore 1 snc h was treated. So you, Senators, must
been the practice of the Government. The Lave regarded the action of the present Ex
very marrow of tho matter is touched, that ecutive as political when you passed your
when you are discussing the question of an I resolution. In the impeachment of Judge
entire reversal of the official custom of the Chase tbe two articles of impeachment which
Government, vou should at least have left in j received the highest votes were that he had
the exception of the Cabinet officers. The gone into Pennsylvania to try a case on which
President is responsible for their conduct, | he had already formed an opinion. Another
and the people will hold him responsible, article was that he had allowed a man at
until they find that you have robbed him of Richmond to take his place in the jury box
the power of control over them. who proclaimed that ho had formed an
Senator Howard, in the debate in this line, I opinion. He would like to see the court
has said that it had been the practice to that-wouldallow a juryman to try a case on
make these removals during the recess for I which he had already formed a decided
years and generations, but it had always I opiiyou. It cannot be said that you have
been opposed by many of tbe leading men of no JLf or ™ ed J® opinion. .
the country. In regard to tho legislative The 40,000 officers and the $21,000,000 of
constructions of tho Constitution, the able emoluments which had been brought in here
Senator from Oregon (Mr. Williams) said 88 tLe stake. Well, who of us would like to
that legislative construction is entitled to | Le tried by.a judge who would take the
very little consideration, and has no binding I thousands if W6 were convicted, and we
force; that one legislature might and had | would take his if we were acquitted ?
olten modified the construction of its prede- ^9 U are taking tLc crown of the people’s
cessor. Yet, in the face of this on a legis- | magistrate to place upon tbe head ot one of
tive construction of an act passed but one I y° ur own number. . The President ot our
year ago, the sword of impeuchment is n6w j body then adds to. his duties here the duty
interposed, and the President is to be re- I acting as President; he holds the ono
moved for attempting to remove one ofhis I °ffice by virtue of thc other,, and if you
own officers. The spectacle is here again I choose to elect a new presiding officer of
presented of the Senate removing thc Exec I y° ur own body every, day, you also have a
utive lor making on ad interim appointment,
and making an ad interim appointment in
Lis place of onc of their own number. In
tbc House of Representatives, 3Ir. 3Ianager
Williams had also acknowledged that the
practice of thc Government justified the Pres
ident in making removals. He would not
weary the Scnato with a further reading of
the debates of 1789, but ho thought those de
bates were the most able in the history of the
new executive every day.
As a matter of evidence, let us see how
little this case is. Certainly no President of
tho United States ever had such trials before;
certainly no President ever had such opposi
tion. He had for the last two years been
sifted as wheat by one of the most powerful
winnowing machines he (Mr. E.) had ever
heard of—the House of Representatives. By
tho unlimited power which they have to send
Government. This whole subject of tenure I for persons and papers, they can take so
•f office and removal therefrom was discussed high an officer as the. lieutenant General of
in an exhaustive manner—the tenure of the I y° ur armies out of tLis court, and in private
President, the Judges of the Supreme Court can examine him thoroughly, to know
and other high officers, and thc Senators, whether his evidence here or cross-examina
were fixed, and thc whole control of the vast | t J 01 } benefit or injure them. \\ ltli all
number of minor officers, was left with the their power to search, what has their testi-
Exccutive. 3Ir. Sherman and those who mony amounted to ? Tekgraphic dispatches
agreed with him claimed that tbe consent of the President of two years ago had bccii
thc Senate, which was mado necessary to produced, but what was it all ? 3Ir. Manager
an appointment, should also be necessary to Wilson, from the judiciary committee, had
a removal. Judge Ames and others held | reported on this whole subject, in an able
that this power was inherent in the Execu- report, and it was all nothing but political
tive. The civil prudence and forecast shown The House of Representatives had voted
by the framers of tho Constitution was no- down impeachment on December 9,1867, by
where more exhibited than in thc regula-1 a vote ot 108 to 57.
tion of the tenure of office. The subject did | 3Ir. 3Ianager Butler thinks that if there is
not, however, rest here. In 1834 nnd 1835, nothing in the first article, there is nothing
in the contest between the Democratic and | in the eleventh. 3Ir. Manager Stevens thinks
Whig parties, the subject was again revived, that if there is nothing in the eleventh article
and the great debate was resumed. it is no use to look at the other ten. Mr.
3Ir. Webster thon said tbat he considered Evarts here read from the remarks of 3Ir.
this question of executive right of removal I Stevens in the House that if hiseleventli arti-
as settled by tho Constitution, by practice of clo was not adopted, the counsel for the
seventy-five years, and by legislative con- President would be greener than he (3Ir.
struction, and he only wished to impose on Stevens) thought if they did not secure the
him the moral restraint of sending in the [ acquital of the'President. All this, is true,
reasons for the removal. Gen. Jackson_niet every word of it. There was nothing in these
this charge. He sent in a message in answer charges against the President if they were not
to a resolution and claimed his constitutional political; there certainly was nothing qrimi-
power, reminding the Senate tbat he was nal in them.
elected by the suffrages of the whole people, I Now as to these charges, they were of
and derived his power from them. * The de-1 speeches made by the President in 1866, re
bate went od, the resolution of censure was j /erring to a Congress which had gone out of
passed, and then tho whole subject was rc- existence, and which had already been de
ferred to the masters of them all. Thc res- j clared not an impeachable offence by the
oiution, of course, was expunged. Tho his- House of Representatives.. If there is one
tory of liberty was never better illustrated thing tbat is approved of in this country, it
than by tho people in thc second election of | is that a man who can make, a speech
Gen. Jackson, deciding this question as the should always do it. The speeches of jiublic
fathers of the Constitution had decided it. men are generally described in tho news-
moved for thar, we should be more careful at
our nominating conventions hereafter.
Mr. E. then briefly reviewed the conspiracy
articles, and maintained that they had no
foundation to rest upon. He did not think
that this American Senate would discover
s-,jiy evidence of war and commotion in the
m guage of General Thomas. A statute
which had been enacted in time of war to
protect loyal men and officers from i&timida-
tion by rebels had been wrested from its pur
pose to help make out thc charge against thc
President. There was no expectation of
force by the President, no authority for force,
as he expected that his order would bo exe
cuted through the usual peaceful means, and
failing of that he should have the matter
brought to such' a state as would assure a
judicial decision.
The speaker next considered the question
of ad interim appointments. They were not
provided for in the Constitution, but were
regarded as either an executive or a legisla
tive means ot temporarily filling a vacancy
until a permanent appointment could be
made. At various times legislative provision
was made in reference to these appointments,
first the act of 1792, cf 1795, and then the
act of 1863, and he desired to call their at
tention to some of the circumstances attend
ing the passage of this last named act. In
January, 1863, the President sent in a mes
sage to Congress suggesting the propriety of
extending the provisions of the act of 1792 to
all the departments of the Government. The
Senator from Rlinois, (Mr. Trumbull), Chair
man of the Judiciary Committee, had brought
in a report and a bill to carry out tho sugges
tion of the President
The act of 1803 does not cover all the cases
of vacancy. It docs not cover vacaney by
removal or by the expiration of the term of
office. The whole question is onc of great
importance.
At 4:35 r. ir„ 3Ir. Evarts said tbat ho
thought he could conclude what he had to
say in about an hour. As the usual hour of
adjournment had arrived he would now close ‘
if the Senate desired it
Senators Sumner and Howard.—Go on,
go on.
Senator Heiiderson moved to adjourn,
which was agreed to, and tbe court immedi
ately thereafter adjourned.
3Vx6BixOTON, May 1.—Thc Court of Impeach
ment assembled at the usual hour, and Chid Jus
tice Chase notified Mr. Evarts to proceed with his
argument.
CONCLUSION OF MB. EVAHTS’ ABOUMENT.
Mr. E. proceeded to review the act ot 1795, in
reference to the tilling of vacancies, and to reply
to tho allegation that the appointment of Adju-'
tant General Thomas did not come within the re
strictions of the act of 1863, arguing that it was
uerfeatly competent for the President to appoint
iim. It was not worth while tor him (Mr. E.) to
argue as to whether Gen. Thomas was a proper
locum tenens to select for the ‘position. He wonld
call their attention to the ad interim appointment
of St. John Skinner to be Postmaster General nnd
he wonld like to know whether President Lincoln
was subject to impeachment for making this ap
pointment without an enabling act of Congress.—
There was now no occasion for this extraordinary
process of impcackmeut. Temporary appoint
ments does not rest upon the provisions of tho
Constitution at all, and In making them there was
no distinction between the session and the recess.
They had enough cases from the record to show
that appointments were made during the session.
Mr. Nelson was appointed Secretary of State ad
interim in 1814, during the session ot the Senate;
Gen. Scott was appointed ad interim Secretary of
War, Moses Keil^id interim Secretary of Interior,
and Joseph Holt ad interim Secretary of War, all
daring the session ot the Senate. He would now
comc'to the removal of Mr. Stanton.
Most extraordinary views have hoc a pre
sented in reference to the Cabinet officers on tho
part of tho Houso of Representatives. Ho had
already referred to tho personal degradation at*
tributed to them by tho honorable manager (Mr.
Bout veil). Tho Senator from Maryland (Mr.
Johnson) and from Iowa (Mr. Harlan) could. anX
swerit further if necessary, as they hau .jecn
members of tho Cabinet. But tho deliberations
concluded on 7th page;