The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-01


do not exceed the Observation-Disclosures OF de
bate" uaughterD Now that is the custom OF the
tribunal established by the presiding officer. Mr..
sherman, OF OhlO sad:-"I think the words Oh
jected to are clearly in Order QLoud laughter.)
have heard similar remarks fifty times-(continued
neutrality-suspicious. any point OF order being raised"
And the Senate came TO vote, the opposing num-
hers of which remind me Of some votes on evidence
which we have had on this trial. The
yeas and ten nays. But that is not all.
Proceeding in the same debate after being
allowed to be in order Mr. Sumner goes on with
his speech, the eloquence Of which cannot suili-
GENTLY compliment as IL would be out of place to do
So but 1t certainly is Of the highest order. or course
make no criticism; He begins with the announce
ment OF very good principle. lie says, al shall in
sst always on complete freedom of debate, and shall
exercise 1t. John Milton in his glorious aspirations
said, give me the liberty to know, to utter and to
argue freely labove all liberties. Thank God, now
that slave masters have been driven from this court
such Is the liberty or American Senators. or course
there can be no citizen OF republic too high for eX
p0sure there can be no too low for protection.
The exposure OF the powerful and the protection of
the weak-these are not only invaluable liberties but
commanded duties" Now, is there anything in the
Presidents answer that Is nobler or more thorough
going than thatY And If the President is not too
liberty but command and duty, To call him enc
my or the country are not the House of Representa-
tves to be exposed to the imputaton of most unin-
telllglble asperslon upon thcnl-that they hang
Ing upon the verge OF the governments Q.aughter.)
Then the honorable Senator proceeds in style OF
line and against Verres does not contain
more el0quence against the objects OF his
1nvectve than that speech OF the honorable Senator
And then 1t all ends in wonderfully sensible and
pthy observation on the part of the honorable SEN
ator from Michigan. Mr.. Howard, who says:-"rhe
Senator from Massachusetts had advanced the idea
that the President has become an enemy to his cou-
try but suppose that not only to be the condition
OF the sentiment in this Senate touching the Presl-
dent of the United States, but | suppose we never
had President in regard to whom the opinion of the
Senate was not divided, some thinking that he was
an enemy OF the country and others thinking that he
was not, and | respectfully submit, therefore, that
the Senator from Massachusetts, will be competent to
try an impeachment If sent here, against the Presi-
dent, as c0ncede the Senator from Maryland (Mr.
J0hns0n) Will be competent to try it," Now that is
good sense lie had also report in the House OF
Representatives of q very brief debate between
two Of the most distinguished members OF that
body who cam as well any Others for the purpose
or this trial. furnish standard OF what is called by
the honorable Manager "propriety of speech" Mr..
Bingham says-"l desire to say. Mr.. Chairman, that
1t does not become gentleman who recorded his
vote fifty times for Jefferson Davis, the arch
traitor in this rebellion--troars Of laughter
as his candidate for the Presidency of the United
States to undertake TO damage his cause by attempt
ing TO fasten the mputafion either on my integrity
or my honor. repel with scorn and contempt any
uterances OF that sort from any man. whether he be
the hero or Fort Fisher not taken or of Fort Fisher
taken." Continuous laughter.) Mr.. Butler, after
some remarks, SAID, 'But If during the war the gen
tleman from Ohio did as much ~ | did IN that
direction | shall be glad to recognize that
much; but the only victim OF the gentleman's
prowess that know Of was innocent woman
hung upon the scahold-one Mrs. Surratt-and can
sustain the memory OF Fort Fisher If he and his pre-
sent associates sustain MIN in shedding the blood
OF a woman who was tried by 4 military commission
and convicted without SUFFICIENT evidence, in my
ludgmcnt.' Mr.. Bingham, with spirit. replied ~
challenge the gentleman-l dare him, here or any
where. III this tribunal or in any tribunal to assert
that spo1ated or inutilated any book; but such
Charge without one little OF evidence, Is only ut TO
come from u man who lives in bottle and Is fed
with spOon.n what that refers to do not know.
(While the court ana audience were convused with
a. raf a
to both these gentlemen sat at the table, apparently
unconcerned and uninterested spectators.)
MI EVARTs, continuing said:-'rhis al comes With
IN The common Law Of courtesy IN the judgment OF tine
House OF Representatives,. We have attempted TO
snow that in tue Presidents addresses To the people
there was something OF irritation, something IN the
which excused and explained II IL did not justify the
style OF his speeches, and you mgnt suppose that
this interchange OF debate which just read grew
out or the same subject, which irritating, which
was in itself savage and fer0ciOus But>what you
think was the subject that these honorable gentlemen
were debating uponG Why, it was charity.
A SENAToR-WhatY
Mr.. EvARrs-Charty; question Of charity to the
South. That was the whole staple of the debate.
Charity winch sufrereth all Things ana is kind'
(Laughter.) CHARITY enveth not, charity vauntcth
not ITSELF is not pulled up, dotn not behave Itself
voked. thinketh no ev reJciceth not in inequality
bW re!QiceN - the truth, beareth all things,
never falls" But, the apostle adds what may
not be exactly true IN regard to The
Managers, tongues may faiLn (1aughter) But
now, TO be serious. In q free republic, who will toe-
rate this fanflronade about speech making? gus
tuierH GrNcri,Os de sedit3OiP Guey1UteS Who will
tolerate public orators pirate about propriety of
specchf Why can we not learn that our estimate OF
others must proceed on general views and not vary
according TO particular passions and preJudicesY
When Cromwell In his career through Ireland In the
name OF Parliament, had set himself down before the
town of Ross and summoned 1t to surrender,
this Papist community, exhausted in its resist
ance, asked TO surrender only on condition
of freedom OF conscience. Cromwell replied:-"As
to freedom OF conscience, NEEDLE with no mans
conscience; but II you mean by that liberty to cee
bratc The mass, would have you to understand that
In place where the power OF the Parliament of
England prevails shall that he permitted" So the
honorable Managers do not complain OF freedom OF
speech, but II any man says thai the House of Repre-
sentatives Is changing on the verge OF gov
ernment,n we are TO understand that In no place
where the power Of the two houses Of Congress pre-
walls shall that be permitted although they NEEDLE
with no mans property or freedom Of speech.
U.aughter.) He then referred 70 the expressions of
opinion by Mr.. Jefferson on the sed0n law ana 10
the action Of the President on the same subject. He
also referred TO the expression of Mr. Boutwell, cha
racterzine the positions of Cabinet officers as seri-
like, and argued IT some length that the President,
although deficient IN rhetoric, had said nothing
half so shocking To taste and prOprcty AZ had been
cOuntenanced ia the writings and speeches Oy Man
ayers and others in official position Continuing Mr..
Evarts said:-I win now take up the Emory article.
The Emory article il an offence which began and
ended on the I'D of February, and ~ compressed
within hall hours conversation between the Prcsi-
dent and general OF our army. dare say that In
Inc rdnld heated COURSE Ol events WniCn TOOK
impeachment through the House Of Kcpresentatig yes
It might have been understood Ivy rumOr, uncertain
and amplidcd, that there had occurred some Kind
Of military purpose or communication on the
part OF the President which looked To the use OF
force. But under the proofs, what we say of 1t
but that the President, under an intimaiion from
Secretary Weles thai all tie oficers were being
called away from what ~ doubtless their proper
cUpatOn In time OF pCace-attending on leFGes--and
were hong summoned, as they were from The halls
OF rcve.ry at Berlin to the battle OF Waterloo in
CURED as II was very natural To inquire,
when aud where was this battle TO take
place The President treated H. with great
he did not know about Gen
eral Emory, and did not seem TO care anything
ABOUT it. But iinaiiy when secretary wccs said il
would be better 10 look into it, thc President did look
into it, and IL ended with discussion Of constitu-
tOnal law between the President and General
Emory, IN which the General reinforced by Mr..
Beverdy Johnson, lawyer, and by Mr.. Robert !.
Walker, n lawyer actually pUt down the President
entirely. Uaughter) Now II the President ought %
he rem wed from Office for that, and new election
ordered for that, you viii determine in your juig
ment and If any other President can go through
four years without doing something worse than
that we shall have 20 he more careful in our pre-