The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-16

he had reported to the Senate that he
had removed from the Department of
War, Z. NJ. Stanton, then Secretary OF
| War by previous action of the Senate;
the Senate refused to concur in thes
pension; refused to acquiesce in the
reasons assigned by the President, mn
der the tenure of office act. Having Civ
en- the President notice thereof, he pro-
ceeds to remove him, and to appoint Lo-
r9nZo Thomas as Secretary OF
War, Gd Interim, in direct con-
travention of the express words of the
act itself and the action of the Senate.
The record shows that on the 2lst of
February the Senate passed a resolu-
ton reciting the action OF the President
in the premises, to wit: The removal Of
the Secretary of War and his appoint
ment of Secretary Gd interim, and de-
claring that under the Constitution
and laws of the United States the
President had no power to make the
removal or make the appointment of
Secretary, dd interim, and declaring
that under the Constitution and laws
the President had no power to make
removals or make appointments; that
was the action of the Senate, and no.
ttce Of that action was served upon the
President the night of the 2lst OF Feb.
Now it takes place there as a present.
ment made on the 21st or 22d of Febru-
ary, against the President before the
Grand Inquest OF the nation. Afser
that presentment he was within the
power of the people although he had
fled to the remotest ends OF the earth,
he could not have stopped for n mo-
ment, the proper course of this inqui-
ry to final judgment, even though per-
sonaI process had never been served
upon him; It Is provided in the text OF
the Constitution that it is to be chal-
lenged by no man. After these pro-
NaH n
after the effect of the action of the
Senate being made known to him, and
three days after the effect of the COM
mission of his crime, the President en-
ters deliberately on the task of justify
ing himself for violation of the laws
and the Constitution, for a violation of
his oath of office, for his defiance of
the Senate, for his defiance of the peo-
pie by sending message to the Senate
on the oath OF February. What is it
Senators any more than the voluntary
declaration OF the criminal after the
| fact was made in his own behalf. Does
| it alter the case in law? Does it alter
the case in the reason or Judgment
of any man living, either within the
Senate or outside, that chooses to put
| his declaration in his own defense in
writing; the law makes no such dis
tinction. L undertake to assert here,
regardless of any attempt to contzadlct
my statement, that there is no law by
| which anybody is accused criminRlly
after the fact is SO made. A declara-
ton, either oral or in writing, either by
| a message to the Senate or a speech to a
mob, that can be given in evidence to
acquit himself, or affect in any manner
his criminality within u tribunal OF
Justice, or to make evidence which
law, on his own motion to justify his
criminal act. do not hesitate to say
that every authority which the gentle
man can bring into court relating 10
the rules of evidence in proceedings OF
this sort is directly against the propo-
sition, for the simple reason that this is
a written declaration made by the ac-
cused voluntarily, after the fact, in
| his own behalf, read for the informa'
tlop of the Senate the testimony touch.
ing this fact of service of notice of the
action had by the Senate and conduct
OF the President whereof he stands
accused. Mr.. William 81. Mcdonald
Chief Clerk of the Senate, testified (on
page 14) that an attested copy of the
| foregoing resolution was delivered by
| him into the hands of the President o.
the United States at his Office in the
Executive Mansion, about 10 p. M, Oh
the 2lst of February; and on the oath o
February. three days afterward, tht
Il President volunteers written declara
ton which his counsel now propose tt
make evidence in his behalf before this
tribunal OF justice. OF course 1t is evil
IDENTIFY for no other purpose whatever
! except for the purpose of exculpattne
} him OF the criminal accusations prefer
red against him. The Senators viii
bear with me while make one further
remark. The propositioni is to INTRODUCES
this whole message, not simply thu
argument which he chooses to presen
in the form of written declaration IL
vindication of his criminal conduct
but declarations of third persons. Thl
Senate is asked to accept this, too, a
evidence on trial of the trial OF the nc
persons, whom he calls his const1tu
tional advisers. He states their opin
ions without giving their language; hl
gives conclusions, and those conclu
sions are to be thrown before the Senate
as part of the evidence. L beg leave Il
say here, in the presence OF the Senate
} that there is no colorado excuse for th'
} President or for his counsel coming
before the lsenate to say that he has any
right to attempt to shelter himsel
} from violation of the laws of hii
II country under the opinions of any mem
ber of his Cabinet. The Constitution
never vested his Cabinet counsellor
with apy such authority, 1t never vest
} ed the President with authority to
suspend laws or violate them, ol
to mako appointments in direct con
trayentfon of the laws and In dehanct
Il of the final action of the Senate
acting in express obedience to the law
Il there is no colorado excuse for these
proceedings; I say it with respect FOL
the learned counsel, and challenge
] now the production of authority, IN
any respectable court that ever allow
led any man, high or low. ofhcially OF
unoffclalIy, to introduce his own decia-
rations. written or unwrittenI of the
| fact in his defense; that is the point /
take here. 1 beg pardonfor haY1pg
detained them SO long In the statemen mt
of a proposition so simple and the law
i of which Is SO clearly settled, and rum
ming through centuries. submit the
question to the Senate.
Mr.. Evarts-Mr. Chief Justice ana
Senators, the only apology which the
learned Manager has made for the
| course OF his remarks Is an apology
| for the consumption of your time; yet
he has not hesitated to again repeat
| that there is no color ofjusdhcation lof
the President OF the United States 10
defend himself, or for the enort that MS
counsel has made to defend him. we
do not receive our laws from the learn
Mr.. Bingham-will the gentleman
MI Mr.. Misunderstanding with his re-
Mr.. Bingham-The gentleman mis-
represents me.
Mr.. Evarts-I do not misrepresent
the Honorable Manager. a-J
Mr.. Bingham-I did not say there
was no color of excuse for the Presi-
dent to defend him self, or for his coun-
sci to defend him, but there WAS no
-, Co. ,,eFa H..