New-York tribune., 1867-04-13


their session but they therefore, exempt from being
tried in the courts OF the country and punished as we
by the courts Of this DISTRICT Certainly not.
And is the President so cxempti :, Surely not.
authority ssn be ound in any decision whatever or the
doctrine that in criminal case the President IKE & any
the PRECEDENT liable to agessIsS s may RSt DC
parchment just like the President All Officers are placed
with the single exception that when the President Is tried
the Chief justice must preside IL because as % nssyuce
until he s out Of office then the thousand Officers OF
the United states who are subject TO impeaenn@gn @
be tried until they are out OF Office also
/ heard with deep regret somc remarks;
which | trust win turn out TO be TOO hastys and and
nadvertent that fell from the lips Of the learned ana
able friend who is so much and 50 Justly respected
throughout the whole country refer to those rcnaiHs S
its sworn duty, should proceed under l.s oasn o
office to defend the Constitution Of the United states
from violation even by the hands OF the Preslaent tne
President would obey its order, and there would De
brought direct and iearni e9nst o
strongly and with moro ability than TINS very
OF the United States In his veto messages WHICH, sup
pose had the appreciation Of his Cabinet or az least o
lion Of them, for te finaty of the decisions OF
Court OF the United States in all cases involving CON
struction Of the Constitution Who has urged, rom time
time, with ability and force tan inc fiesueh,
the great doctrine that all the departments VI TINS Gov
ernment sworn to support the Consutntion 20, Si
the United States, and that this great tribunal TINS ap
result as my LEANED brother has referred 70 for the
peaceful, aud final and ultimate decision o. al, sach
States not obey the mandate OF this Conrt III not &c ds
obeys the mandate Of the Constitution, u %
Tie Attorney GclerdkThe gentleman Will aliew me 70
say that the President merely follows the example or
Thomas jefferson In refusing TO obey that snDIsn no
come necessary TO carry it out What the Court would
have done II the necessity had existed Is Reeety % et
although Sn Mr. Mr. JEFFERSON was very great nna very
good man, and conferred countless blessings on
10 boast that he was 10 LAWYER he had very fayor
able opinion OF lawyers OF OF Judges or especially V ,e
Supreme Court the United states and OF tue gteat hh
WHO presided there lChcf Justice MarshalD aurg INC
period when Mr. jefferson was President o. the g%.ta %
be well for his reputation had II been eXpunged in NE NE
biography Upon judicial question Ike TINS ms S,a ot ~
Thomas jefferson with that Of Chief Justice Marsht ana
Justice story aud the Supreme Court or the Ohe Stes
aud Of Cnadison the recent publication Of the
fourth volume of his writings carrying out ING hsa
set forth by Hamilton and Madison, aud jay, In the
FederaIst at the very time when the Constitution was
pending for its ratification before the people sctthS oni
ainy before them that the Constitution had created
Que great tribunal the Supreme Court for peaceful de-
cison OF all questions of constitutional law WHAT cap Dc
two laws conct with other the tribunal which TO
expound erprct the lnw Is TO decide witch si
page, aud take up the Constitution ON The other
IL the act Of Congress IN c4gis~s %l.h Nun
ment declares it TO be utterly null anu VOID.
snch opinion OF Jay Of Madison, and OF hamll
ton such was the sense In which the people oil an tne
states understood the Constitution when IT was framed,
shown by the debate such was the opinion W @ ,nG
framed the CODstutonwhO, ia the 2oth sectio OF ue
Judiciary act c final jurisdiction TO tins oor, ~ si
involving tlo construction OF te tonsu,utlon,
laws or of tl United States even appeal from
the highest judicial state tribunals % there ., Is
anything that definitely settled for three OF
century by repeated aud manifest decisions OF rh Cour
the opnlos OF ne trainers o. ,hs ,s ~ NJ, nsi rH ,
and the only tribunal created by the C0nsttpOn whose
decision 9ai aud e9pesso %on ~ sS ye n a tSe
Constitution. IL IL is To depend npon how rhoIns Jeier
Johnson President shall eo9strue 10 the uext, or how
conflicting Interpretation shall be given by the various
THIS i OF the essence of the doctrine OF nnffaton and
secession said that L was with great regret that
heard these inadyeTtcnt REMARKS made nT gentle
man who is 40 highly respected; bnt think
this Court viii answer the menace N Nnish iS
United STATES condemned similar fmeRaee from
the Legislature and the high Court Of srros I'd Appeals
It brolght zap for tho final adjudication OF TINS
Court The high Court OF Errors and Appeals Oh Nii
gina declared they would not obey the inal mandate
of the Supreme Court of the United states precisely the
same that Is made here. Permit me to read the
ans wfr that given To that menace by this Court
through Chlef Justice MagSa it, organ IN delivering us
opinion in the case OF Cohen agt virginia eth Wheat9h
"The Judiciary cannot. the legislative may AVOID
measure, BECAUSE approaches the confines OF tne Coh
stiinton We eannot pass t by because M Is saas
bility that may deyolve upon me- however humble Tor
@he me efsson nsf sb III Ssn an mandate deeiarnr
an act Congress be unconsttutOnal and restraining
the army or navy from the execution OF that who
ever shall resist that mandate Of Court by force will
he guilty Of treason. Mr. Walker next commented
i'm relation to the eases Of Kendall stockton.
u2 Peters sac ILLS Earl Grey Simons, 24, Greene
ard, AID The state OF Ohio ex rel wheman VS.. Chase
Governor Ohio Reports, 529 Osborne vs. the Bank OF
saboye the law, but that all fnetonaiies are amen
bile and responsible 10 IT, and concluded az follows Ny
learned brother has drawn picture o the ealanlties
which would follow the President OF the United states
should disobey the mandate Of this Court Let US look ~
the calamltIes that might follow the other hand II
this Conrt declines To exercise the power which, think,
i granted b. the Constitution and permits these military
laws 10 go into effect what thenf According 10 the
Presidents own opinion the Constitution OF
thrown. According to his opinion military
despotsn erected upon the views Of the Constitution
Ton States To be expelled from the Union ten mil
lions people be deprived Of all the benefits OF the
Constitution, deprived of the right Of trial by jury cut mp
out Of taer states for ofenses unknown and underlined
merely at the Will pf - military officer deprived Of the
Congress Itself admits that there Is no rebellion by its
latest acts. speaking of states lately in rebellion de-
So far as eoHsttonaI liberty is concerned they might
as wen be living under Car or sultan, upon the
this free country. Life liberty and property may ne
taken from them without due process Of law Georgia
extended over the Ier,of}l ,}l;l ia stsie t them them
corpus and all other privileges occurred by that com.
a. part part Of the Constitution Of Mississippi and is
OF Congress admitting Mississippi state into
the Union. II they have gone back 70 territorial
eges OF free In the Territory, but they are 10y direct
compact. which has the force OF fundamental law,
entitled 70 all the privileges and benefits Of the
ordinance of 1887, of WHICH they ore deprived ny
this Military Reconstruction bl 1%aht to know II the
subverson OF the Constitution Of the United states which
the President admits is accomplished by this act the
erection military desposm on the ruins OF Federal
Constitution evils and greater calamtes
than cany Of those which have been pictured with
g much he S State BY Ss sna
have proceeded TO discuss the other great questions
which involved In this case presenting the most mo-
cntoug issues that were ever considered by trbu
nal fraught for veal with the happiness ana
welfare perhaps the very existence Of the Government
Yet inasmuch as the learned Attorney General has
confined his nrgumeht and understand the Court TO