The New York herald., 1868-04-30

ton Of penalties provided ~ the Tenure OF once law
nature Of the offence. A maximum but no minimum
OF punishment Ii provided, 80 that In the discre-
o. be ne ws9m as In
with fne Of six cents. and imprisonment OF one
day, he also read from the debate on this subject,
Mr. Williams and other Senators said there should be
no minimum fixed, because the offence might arise
snd you'd no.
then considered the general debates on the b and
were Of political nature and then that even the al.
legged infraoions did not take place. He claimed that
must be laid aside and il must be Considered that he
was unimpeachable before twelve O'Clock on Feb
ruary q, He then argued that even II the removal
OF Mr. stanton had been actually effected, no ch ange
IN the relations Of the War Department the Of
the government would have ensued, and hence that
to the public safety on this subject Mr.. Evarts
said :-lt cannot be doubted that there general
ana substantial % concurrence Of views IN Congress-
ass s@Sns VIEW S ss as
Of the III United T States was not suitable for the public
service and was not to be encouraged az situation
In the conduct OF the Executive and that there was
people that however much the politics Of the Secre
tary Of War might be regarded as better than the
form Of government and recognize the oficai rights
s s s S q 0s 1se ne sscrS ss9 e. wsP 70
should be crippled. 1t follows that the whole thing
travention Of statute. will not say how criminal
that may be. will not say whether absolute, in:
exible personal obedience to every law Of the land
may not be exacted under penalty OF death from
everybody holding public station. That is matter
for the legislatoris. Now, when you consider that
government that, In the language Of Senators and
Representatives, who spoke in its behalf, 1t revolu
you consider that the only person In the United
States whom that law in relation to the holders Of
Offices was intended to AFFECT or could by Its terms
affect was the President Of the United States when
you consider that nobody was subjected to it, that IL
was made rule. a control, restraint mandate, q
the President just as distinctly as II had said In its
terms II the President shall remove from ofice, he
shall be punished by fines and Imprisonment, and
dent dent aaasF F the Constitution had had right to rs9ys
olson caTs and snC conclusion was AZ sss political n M
Of and anu s oSeaencs q l0",0n higher SSppRSs! OppRSa!
titI, tion Of the eopYttatioa should bring no
here; Now, whenever anybody puts hlMself in that
posltlph 1t cannot be made a crime I in the moral
Judgment, or in the judicial determination Of the SEN
tence and measures. Mr.. Evarts then briefly consid
cred the question of what was meant by unconstitu
tional law and said it was paradox, 1t can be no
Of paper. Continuing MT. ESarts said:~i claim
that the President has Greater right in relation TO
law which operates upon him In his public duty, and
constitution to determine what his right ana what
his duty Is, than every citizen has In his private
capacity when law infrnges upon his constitutional
rights say that Congress has right to pass uncon-
stutlona laws, and TO say that everybody Is to obey
them Just as Gthey were constitutional and TO be pre-
constitutional ls OF course, tranping the cOnstitu-
ton and those who obey It in the dust. Who will
which invades it, If the act Of Congress
with ts sword Of justice can cut OH his head and the
constitution has no power to save him. anu there can
be nothing but debate hereafter, whether he was
properly punished or not, gentlemen, neglect the
first and necessary constitutional government OF this
nationY But again. the form OF the alleged infracion
Of this law whether 1t Is constitutional not is
such as to bring any person within any imputatiOn.
win not say Of any formal infraction Of the law,
but VI any violent, wiful resistance to or contempt
OF the law. Nothing was done whatever, except
t9,,ns 10 issue q paper and have n 1t delivered,
this condition and nothing else. The constitution
says, we VIII suppose, that the President has right
Ss Sa % ass OF
Secretary OF War. The President says, al will issue
an oficial order which win raise the same question
between my conduct and the statute that the
statute raises between itself and the constitution
As there is, ana can be, and ever should be, .
termination OF the Supreme Court or some
other court, so when the constitution and The
law are, or are supposed to be- at variance
or inconsistent, everybody upon whose rights
this inconsistency intrudes has a right under the
usual condition OF conduct, to put himself In post
ton TO act under the constitution and not under
the law The President OF the United States has 1t
all OH paper thus far The constitution Is paper
The law IL On paper and he issued an order on
paper, which is an assertion Of the constitution
and 2 denial Of the law. That paper has legal
invalid and ineffectual-a mere untetle teilU,-
II the law prohibits IL and If the law IS
appears that nothing was done but the mere course
and process In the exercise Of right claimed under
the constitution, without force, without violence,
and making nothing but the attitude of assertion,
which, II questioned, might raise the point Of Judicial
determnation. Now, senators, you are not, you
cannot be unfamiliar with the principles Of our
criminal law, the good sense and common justice Of
which, although 1t sometimes Is pushed 10 extremes
that criminal punishments under any form Of statu-
tory definition OF crime shall never be made 10
operate upon class, even OF force and violence,
done under claim Of right. IL Is for that purpose that
the anmus, the intent the anti,ttts ydndi In cases
OF larceny, the malice prcpense In cases Of MURDER
are made the substance OF the crime. And nothing
Is felt to be more approvise nothing has fewer pre-
cedents In the history Of our legislation Of our
judicial decisions than any attempt TO cOerce the
assertion Of peaceful and civI claims of right by
penal enactrnents. II Is for that reason that our
communities and our lawgivers have always
frowned upon any attempt 10 coerce the right Of
appeal under any restrictions or any penalties or
courts Cv rights are rights available and practical,
just according az the people can avail themselves
Of men, and the moment you attach punishment TO
the assertion OF claimed right you Infringe upon
one or the necessary liberties VI the people. Now, l
ask your attention, although confess that ~ II
with reluctance and contrary TO my own taste and
illustration and Of argument Bur I'd das after eis Gsy II Il
has been pressed upon you that formal visitation
OF statute although made undcr claim OF consti.
tutonal right and duty, honestly felt by the Presi
dent Is, nevertheless. ground Of impeachment not
TO be ipeded or prevented by any Of those consider
ate Inducements. l ask your attention to what is
but illustration Of the great principle that penal
laws shall not be enforced In refer, ice TO an intent
governed by claim OF Title. A poacher had set his
wires within the domain OF the lord Of manor and
had caught pheasant in the wires which the game.
keeper took possession of-the wire and the dead