New-York tribune., 1868-04-24
NEW-YORK, FRIDAY, APRIL "a, 1865.

United states Army, and for other purposes approved
June 90 1864, be- and the Is hereby continued
IN fun force and effect for three years from and after
the close OF the Rebellion announced by the President
OF the United States by proclamaton bearing date the
goth day OF August 1865 There is Legislative recogn
ton OF the fact that the war Is at end there recogn
ton OF the Presidents power so to proclaim and with
out discussing these questions for have said VIII not
enter upon the discussion Of these topics advert 70 IL
and my reason for aludng to it Is by the remarks
might say the repeated remarks that have been made
the Legislative recognition of the Presidents prOelana
ton, announcing the termination of the civil war; and
that the Southern states OF the Union and
that goes far TO extenuae II justify the view
which the President took reference to the restoration
OF these States 10 their harmonious relations with the
Government OF the country and now Senators, having
sona charges made against the President and having re-
back upon the record OF his whole life,
member his We appeal with proud confidence to
the whole country to attest the purity and integrity OF
bis motives, and while we do not claim that his ludg
is inallibe, that he may not have committed
error land wlo IN his position may not commit great
these do claim before this Senate and before the
world that he is an honest man that he is man OF IN
egrity OF pure and upright motives and notwlisand
ing the canor that has been raised against h ne APP
| vindcate him. Mr. ChefJustice and Senator'S one OF
the most important questions, In my yew question
not attempted to notice at length question what
sort OF tribunal this is Is IL court, or mott Some
not been discussed, according TO my recollection,
any OF the oros counsel for tho ra pIe'dSG yo
n
deIberaed upon IT IN your chamber; what debates you
had there know not whether they have been published
ChieJustce; but whether the discussions in secret
sion have been published know not All have TO say
is that have not them they have been published
While do not know to what extent the opinions oi sen
ators may fixed confirmed this question, ask
anatter Of right whether you consider hay
ing decided not thar Will allow me to address my
self for a short time TO the consideration OF this question:
winch regard OF the greatest questions which
has presented since the foundation Of our Govern
ment and think am not asking too much at the nands
OF the Senate when ask Ia be heard ON TINS snl0ec III
argued by the honorable Manager who opened TINS
that this Is mere Senate VIII can your atleH-
ton 10 single paragraph or two IN the argument o the
learned Manager who has managed tls case WIN such
consuminate tact and ability on the SIDE OF tue pioeG
tOn, and from whom we have had so many nne examples
Of deceney and propriety Of speech He says
the siae Of judicial Court they are commonly received aRd
OF this question must be largely determined by
the express provisions Of the Constitution and in tnele
IS no word well known you. Senators, which gives
the slightest colong to the idea that this Court save
that in the trial OF this particular respondent the Chief
Justice OF the Supreme Court must preside. That quota
tion has been confirmed AGAIN n agumemt Dy oI1sls h
| written ON this subject in the learned argu-
! ments which have been presented 10 the Senate.
and through the newspapers, TO the public Gentlemen,
in their researches have gone back TO the black letter
learning o the English law books 10 search for pecedens
assumed this as the result; this high court of
Impeachment passing all the powers OF court OF i'm,
same rules and regulations that you are not TO 20 To
law for precd dehts to guide your Judgment Dnt
that you are, IN the language OF the gentleman Oh & we
other side law unto yourselves" Let US consider tls
argument moment have but one answer to make TO H.
II Is not my purpose. Senator'S TO follow the careful In
dusriOu, yant, aud learned Managers land these are
not mere words for they have shown talents III @ tne
highest degree credaOle to thenl INTO al thelr ehreI
prepared precedents and argue them at length, but
submit one or two arguments which seem 70 me peno'
aud appropriate. MY nfht proposition - uls' ueu!,
out and out that you are 10 20 according TO law Oh
Parliament, because maintain that this tribunal is
different from any other that has ever existed No such
! tribunal is known IN history ~ never n.lu
not in the light Of English history alone but in the light
OF tie circumstances under Whlch u was nuopeu 10
given us by the English Parliament that have been
made English courts OF justice But what 90 say
this That upon subjects ~ Is perfectly right ana
proper to 20 English history and English law-books
with view TO the Interpretation OF those phrases and
rated into Constitution; but never VIII AFFORD any
clue 10 this investigation. throw any light on the sub
! iect why Because this tribunal has no excmpar in
the history Of the world. IL is tribunal OF the Amel
IAN Constitution, and we must look TO the language o
aat Constitution In order ascertain what IL means
y : ard hope the ChiefJustice viii not ake onelsc
trainers Of the Constitution that the ChiefJustce OF the
United states should be called down from the most Gle
your deliberations and when he comes here that he shall
dnary House Of REPRESENTATIVES, ana hardly so much
a machine through which the votes OF the Senate are 10
pass To the records Of the country insist that there
was high object aud purpose intended by the trainers
| OF the Constitution when they called tlc CheI-
Justice his elevated position to preside over the
deliberations OF the Senate Iheie was an oJeSt ana
| purpose such attained ia English history
ZION: and contend therefore, that it not Intended
BY OF the Constitution that the CeiJustce
was To be cipher In this trial beg leave to re-
mind you Of some facts relating to the history OF tlis
subject and do not consider III doing So 10 9rnS IN the
volume and read page after page To you; take II Tor
granted that the Senators are great deal better informed
upon 1t than am, All that deem 1t important or ma
teral for me do Is O refresh your recollection IN re-
laOn Of the subjects conueced with the ncor-
poration Of that provision In the Constitution OF the
lnited states You viii recoect Senators that when the
Constitution was about To he formed there were various
plans of government submitted. Col Hamilton intro
duced plan of governmental. the ninth section Of which
provides that the Governor senators and all officers Of
the United states should DC liable To lpcacnhcht LOT
nalfeasance and corrupt conduct aud that ON upeacl-
nent the person convicted should DC removed rom
profit under the United States All lmpeachments were
TO be tried by Court to consist OF the chief or senior
vded that such Judge held his place during good be-
hayior, and had permanent salary Iaat pan was III,
roduced In the Convention on tne ien Oh Jie 'oi, anu
il found In the first volume Of Elotts Debates on the
| Federal Constitution page l0sl. Mr. Randolph had
plan Of government the 18th proposition OF when was
that the Jurisdiction Of the national Judiciary should eH
tend Of impeachment OF any national officer aud
10 questions lnNoNlhg the hhtlOnal l1hee nlu nanony
This withdrawn on the 10Th OF June l7Sl and Is set
pjncRnevs plan introduced on the lit Of May is7 il
was provided that the jurisdiction of the court termed
pearhnent of officers of the United states Mr..
Madison preferred the supreme Court Ior the
| Which that court should form a part Mr. jefferson
audes attempt to have jury trial OF impeachment
Hth volume Jeferson's works 2l5 and Mr. liamhlon ia
have been an Improvement in the plan to have united
the Supreme Court 10 the Senate III the form OF Court Oh
Impeachment. He says 1T would certainly have been
attended with certain advantages" but he asks Wheth-
er they would not have been overbaanced by the dad
yantages arising from the the same Judges having again
10 try the defendant in case of double prosecution"
lie adds That certain extent the benefits OF that
| union would bo obtained by making the CHIEF JUS
| tlce OF the Supreme Court, President or the
| Court OF Impeachment" was proposed Mad.
| son Mason Morris, Pnckney, Williamson and
Sherman discussed the impeachment question coh-
nittee style and arrangement was appointed CONSIST
ing of johnson, Hamilton, Norris and King On Wednes
day the 18th OF September 1877 Dr. Johnson reported
digest OF the pan and Monday the nth OF September
1851 the engrossed Constitution was read aud signed
pear when how the words when the President OF the
United States tried, the ChefJusce shall preside