New-York tribune., 1868-04-23

to be acquitted IN the opinion q y the .ss Senate mate
10 was correct Judgment and convicted IT, In inc op-
ion Of the Senate his Judgment erroneous Ihs aoc
tps onsnds sEey principle justice his On Se1ss ss and
requirements, be dissegarded them.
With Difference maintain, sti further that II pos @
the right OF any Senator In this trial TO be governed Dy
opinion he may ertain Of the consntutonaly or
s OF sv xS r ss ESs &
has violated Is the law S OF ane snd
repealed by Congress- It has not been annued by the
Supreme Court stands upon the 40 tne
by every Senator a. constitutional law. Otherwise
follows that the President Of the United states SUP
ny t sd and q %
OF the snd , Is nothing to this sespopqshn phnna 10
try aud judge this respondent, that the senators
participated In the passage Of the act OF tnst
power returned the bill to the Senate with his objections
thereto The act itself binding is constitutional
were passed the first of the first Congress II
the President may refuse to execute law because IN ms
opinion unconstitutional for the reason that IN
the Judgment Of his friends and advisers unconstu-
tiona then he and his In office may refuse to
execute statute the c0nstntiOnaity OF which has
not been afimayey settled by the Supreme Court OF
the United States II minority. exceeding onethlrd o.
responsibility for this violation OF oath of office be-
they with him In the opinion that the legis
laon Unconstitutional OF Of doubtful constitutionay,
then there security for the execution OF the laws
The constitutional injunction upon the President Is TO
hun 10 pow whaoevers conferred the Constitution
inquire whether the law that he rs charged to execute
upon yOu I'm your present capacity to hold the respond
e5 np na 70 Ine nd % e II he dis
regards the obligation resting upon him. to take care tat
the laws be faithfully executed, then the constuohal
duty imposed upon you Is to convict hn OF the crime
Of wifuly disregardng tho laws OF the land anu Vio
lang his cath of Office
indulge Senators in great plainness Of speech, and
pursue line remark which, the subject less Inn
poralt, or the duty resting upon US less solemn,
feeling aud sentiment OF respect for this body aud
thIs, place OF which my nature Is capable. In my
the Senate, / looked, not with admiration merely,
but with something OF awe upon tho men Of teHs
you now IN. Time and experience may have
modified and chasened these Impressions but they are
me while life remains But, with my conyctons OF my
duty T ny s IN yGur aI p Ta to
country yon should not FENDER Judgment OF guhy
Win a ali SS pass and Sseess which the
earnest convictions OF the truth OF what utter can
nor can the President prove plead the motive by
which he processes TO have been governed In his violation
Suiy is imposed upon public occr his motives cannot
be good II he wiuy negects or refuses 10 discharge ns
%p %pcn him. 'D In other words It is not possible
for public officer aud especially the President OF the
tutolal Injunction TO discharge his duty faithfully. TO
have any motive except bad motive he wfully yio.
discretionary power, In imposing sentence on erim
na where the penalty Is not specific, may err IN the er
sSo S 81 the @i car Of Hhn h y T s. Io may say
that he Intended. under the law 70 impose proper pen
other may think that the penalty was either Dsun
eient excessive, he Is fully justified by his motives
So the President having vested In MIN Discretionary
power in regard TO granting p,rdons might; arraiged
ior the improper exercise Of that power In parsuMar lar
action might be universally condemned improper or
unwise that particular But the circumstances OF
thls respondent are wholly different The Law which as
he admits he has Intentionally and deliberately violated
was mandatory upon him. and left in his hands no dsere
ton to whether be would IN gwen caSe' W
public officer neither plead nor prove good mo mo
ves to rcfuie control his admission that he mas
Intentionally violated public law M
Take the ease Of tue presdent his oa,h M acs Sc so n
President of United states aud VIII TO me besl 9i my
ability preery protect and defend tns 20 at III
non H. that ile President sba take care lhat the
be faithfully executed mad, ~ his m dn to lake
that tha laws the be faithfully executed Law 10
70 20 r9s ,s sa ar Or of sSeh ~ ynss es
that consuon speaks this Injunction TO the Pres.
crence duty under his oath take that the
laws be faithfully executed he can enter into no inquiry
as whether those laws eXpcdlent OF constitutional,
Otherwise. And nasmrch asl Is not possible Tor Du
under tho Constitution. 70 enter lawfully into any sneh
inquiry Is alike impossible for lin TO plead or ~ prove
thar having entered into such Inquiry. which Was IN
itself unlawful he was governed by good m9nSe Ia the
Having hight 10 Inquire whether lhe laws Were eApe-
dent CONSTITUTIONAL or otherwise ne da 30 hque'
and II upon such inquiry ho came 10 INC eohcuson ta.
for any reason he would not execute the law according
OF oice and the Const Ition OF the United Tho
necessary, the Inevitable presumption III law H. tnat no
the influence Uf bad motives Ia 80 doing anu
no evidence be Introduced controlling or colorn8 In
| any degree this necessary presumption OF the law
Having therefore, right to entertain any motive con-
trary 10 his constutOna obligation to execute the iaws
he cannot plead his motive Inasmueh ~ ho can neither
plead prove his motive, the presumption oi te law
remain that In violating ls oa,h OF once alu tue
Constitution Of the United states he was inaenced by
bad motive. The magistrate who wlllinly breaks tne
The coIanon sense and nature OF his
countfymcn when be asserts that their laws are SO pad
defiant gsurper or OF man who las surrendered himself
10 counsel and control Of the enemies of hs country
II President, believing law 10 be unconstitutional
may execute IT, then your laws Tor me recon
strucon Of the Southern States your avs Tor the coee-
ton OF the internal revenue, your laws Tor te eoeoto
Of customhOu,e duties dependent Tor Their exeeu-
ton upon the individual opinion OF the PRESIDENT as 10
whether they constitutional or not and these laws
are dependent, all other laws are equally dependent
upon the opinion OF the Executive Hence 1t follows lhat
whatever lhe station Of Congress may De- Tue Laws Oh
the country are 10 be executed only far as the Pres
believes them 10 bo constitutional Inls respo1asnt
AYERS that cole object In violating tho
obtain the opinion OF the supreme Court upon
the question of the eonsu1nal'y ot that anh aw m a
In him "a crime, for tho purpose OF ascertahlng luuc
whether the law could DO violated Win inPuny OF nOs
OF citizen 10 obey the laws aud tho hgher ana inOre
solemn obligation imposed by mo ConsnIstoh M upon te
private citizen violates law he does 80 al nls peril II
the President or VcePresdent or any other cyi 9eer,
the House OF Representatives and convicted Dy the oe
ate This Is precisely tho responsibility wnen 'ns , ts
| spondent has incurred; and IL would De no renti
10 him for his wiu violation Of the law IN tho circu
ste es n which he Is placed II tho court Itself nhd
pronounced the same 20 be unconstitutional but ~ -
not easy TO comprehend the audacy the criminal CHAR
acter OF proceeding by which the PRESIDENT OF the
United States attempts systematically to undermine the
Government itself by drawing purposey into conu0Ver-
y in courts ana elsewhere the validity OF the law
enacted by the constituted authorities OF the country
Who as much as himself. individually under an op
CATION 10 obey the Constitution In aii their puphe he,s
With the same reason and for the object he might
violate the reconstruction laws tax laws tarh acss OF
the neutrality laws OF the country and thus IN hng
day OF his official fe raise questions which could not
nf In tho cOurtA OF the c0unlry lNe