The New York herald., 1868-04-24

tton OF the United States. You win recollect Sena-
tors that when the constitution was about to be
formed there were various plans OF government sub
mitted. Colonel Hamilton introduced q plan Of
government, the ninth section Of which provided
that the Governors, Senators and all ofncers OF the
United States should be liable to impeachment for
malfeasance and corrupt conduct, and that ON Inn
parchment the person convicted should be removed
OF trust or profit under the United States. All i'm
peachments were to be tried by court TO consist Of
the chief or senior judge Of the supreme court Of
law In each state; provided that such judge held
his place during good behavior and had o
permanent salary. That plan was introduced
and is to be found in the first volume of Eliott's
"Debates on the Federal CONSTITUTIONS page l0S). Mr.
Randolph had plan OF government, the thirteenth
national judiciary should extend to cases OF inn
peachment OF any national officer and to questions
involving the national nal peace and harmony. This was
withdrawn ON the 18th of June, 1857, and Is set out
In 1st Elliott's Debates page 1897 In Mr.. Charles
Pinckney's plan. introduced on the 1s of May, 17S7
1t was provided that the Jurisdiction Of the court
termed the Supreme Court should extend the trial
or impeachment OF officers OF the United States.
Mr.. Madison preferred the Supreme Court for the
trial OF impeachment, or rather tribunal OF which
that court should form a part. MIR. Jefferson,
In his letter OF the 22d Of February 1885, to Mr. Mad
son. alludes to an attempt to have jury trial of i'm
peachments. Fourth volume Jeferson's Works, 2l6.)
And Mr.. Hamilton, In the 'Federalist,n No. 90, page
355, asks whether 1t would have been an improve
ment In the plan to have united the Supreme Court
to the Senate In the form OF Court OF Impeachment.
He says:-"It would certainly have been attended
would not have been overbalanced by the disadvan-
tages arising nom the same judges having again to
try the defendant in case of double prosecution"
He adds, ''Ihat to certain extent the benefits Of
that union would be obtained by making the Chief
Justice of the Supreme Court President Of the
Maason SS Mason MOTIFS fncknev WI Wamson op0sd and
Sherman discussed the impeachment question.
committee on style and arrangement was appointed,
consisting OF Johnson, Hamilton, Morris and King.
On Wednesday, the 18th Of September, 17S7 DIR.
Johnson reported digest of the plan, and on Mon
day, the 18th Of September 1871, the engrosscd con-
situtiOn was read and signed. So far as we have
examined this question it does not appear when or
how the words, ''when the President of the United
States Is tried the Chief Justice shall presde,n
inserted In the constitution No doubt you are much
better informed Oh the subject than myself. have
read and seen 1t stated that they must have been
that fact Ia shown by Mr. Madison's writings, but in
the searches which have been able to make In the
short time during which this investigation has been
going on have not been able to ascertain whether
that Is so or not. SO far as 90 comprehend or un-
derstand 1t maintain the following proposition, to
which respectfully ask the attention OF the Chief
Justice himself and also the attention OF the Senate.
shall not dwell upon it at any great length, but
leave it to you Senator'S aud to the Chief Justice to
judge for yourselves whether IL Is founded in sound
reasoning, First, | hold that the law OF Parlia-
fheht furnishes no satisfactory explanation OF
the union Of the Chief Justice ,uNy with r1ne the
explanation must be found in the circumstances
der which the constitution was formed. l think 1t
Is one OF the most important considerations in the
investigation OF this great question. You have seen
that one Of the plans was to have impeachments
States; another plan was to have them tried by
the Supreme Court OF the United States !;
another plan 10 have the Supreme Court
tried by court composed OF judges from each OF the
OF the United States associated with the Senate in
the trial. Every one of these plans you Will perceive
looked to judicial aid and assistance in the trial OF
the case, aud when it was finally determined
that the Chief Justice should preside imagine
that Il determined that he should come here as
Judge; that he should come here clothed in his
robes OF Office that he should declare the law and
n
arising in the case. While know that it Is for your
Honor to determine for yourself what course you
will pursue; while do not presume to dictate 10
this honorable court or 10 the Chief Justice who pre-
sides tfor IL is my province to argue ana your
province to decide and determine DO most re-
spectfuy insist, before the Senate ana before the
world that have the right, az one of the counsel
for the President. TO call, as do call, upon
the venerable Chief Justice who presides over your
deliberations for an expression OF his Judgment and
opinion any question of law that may arise. Mr..
Nelson argued this point, and then went on as fol-
Ows-Wc all EnOw, Senators, that this Is the FIRST
under the American constitution in which the
Senate has been called upon as Court OF lmpeach-
ment to try the Chief Magistrate OF the land. The
precedent which you to form in this case " our
government survives the throes OF revolution and
continues andn,nlsned ana unlmpalred 1n to remote
The decision made now. Is ono which viii
be quoted in after years and viii be Of the
very highest importance. i maintain, therefore,
that In the view which has been presented we
have right 10 call upon the Chief Justice 10 act,
not merely as presiding officer but 70 act as Iidse
already noticed some startling and ir9oriinary
propositions made bJ the Managers. Mr.. Manager
Bingham says that ''yOu are a rule and Il law unto
yourselves" Mr.. Manager Butler claims that u
constitutional tribunal You are bound by no law,
common fame and current history may be relied
upon 70 prove facts; that II, TO prove the Presi-
dents course OF administration, Nid further that
the momeuous question IL raised whether the Presi-
dental Oilice ought In fact to exist senator's, In the
whole course Of American history ! have never
heard or seen three such startling propositions az
w IL rpi the honorable Man,
ayers. They are dangerous to liberty. They are
dangerous TO the prosperity of the American consit
tuition and OF the American government. They
would overthrow every principle Of justice ard of
law that Is known IN the civilized world # they
were carried out to the extent which the hohor.
able Managers insist upon. ! never Thought
or dreamed that in this land Of hbery-tnis
land of law--this land where we nave
written cOnsi itui ion-such doctrines would he as
serted here. II do not misunderstood the language
used. the learned Managers think that this senate
has the power to set aside the constitution Of the
United states itself Many of the most eminent and
learned writer's In England and In our country,
when treating on the subject OF the distribution of
powers bet. the executive legislative and Judi
cial branches OF government have sounded the note
OF warning that the danger IL not to be expected
from the executive not 10 be apprehendcd roIn the
Judicial department., but Is to be appreiended from
the encroachmenis Of the House Of Commons Of tile
popular branch Of the government ami now we hear
learned and able and distinguished leaders OF the
House OF Representatives, the chief men of this in-
pcachment trial. argonR that the Senate has the
right 10 judge and determine for itself whether the
Senators. this Is not In conformity with the heathiu
doctrine of the American constitution. The SOW
ereignty of the land l. not In you. 10 II not IN the
President. II ~ not In the Chief Justice II Is the
American people, and they only can alter their
stitution No Senate, no House OF Representatives,
no Judiciary, no Congress can alter the American
constitution. ] noticed during the trial that
when one of the witnesses spoke Of the
President OF the Unitel States saying that
he intended to support the constitution OF the
try caused universal smile In the senate and gai-
leries, That venerable instrument, established by
The wisdom of some of the bf3vest and most distii-
guislied men the world ever saw, that noble instru-
Inent which purchased win the blood and
treasure of tlc Revolution, aud which have been
accustomed Ia regard with sacred reverence, seems
10 have been often tramplcd upon ANA violated In
this land that whom somebody dareS To mention 10
with some OF the reverence Of ancient times II
pxcitcs smiles of dcrision ami laughter. God
Grant that more hcatiful sentiment NAV
animate and inspire the hearts Of the American peo-
pie. aud that VIII return now that the war has
passed away, back 10 something OF the ycncration
and respect for the American constitution and that
we will teach our children vino are to come amer u-
to love and veneute aud respect 1t "a the popular