The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-30

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/ dent than for private individual, to
test the constitutiOnality of statute.
/ Thus, he argued, the President made
i a paper removal, without force and
/ violence, IN order to assert his right
/ 70 act under the Constitution, which,
/ he believed, was violated by the law
I IN question. Against the assertion
/ that formal violations are impeach-
| able, without reference to the inten-
ton, he cited authority and argued at
some length that the principles of
common sense were opposed to any
such views.
At this hour the Court took a
recess.
On re-assembling, Mr.. Evarts ex-
pressed his surprise at the Managers
denunciation of those who peacefully
resisted the laws which they decreed
were unconstitutional It was the
duty of every ministerial officer to
raise 2 question in favor of the Con-
stitusio6 and in the highest degree it
Was the duty of the special defender
OF f3 Crhstitution. He referred to
the cs-e q Newell against the Au-
ditor Of & State of New York, In
which the latter successfully resisted
the Issue o. g loan of six million dol
lars; al-0 81 - New York law, i'm
posing a tas = arokers' sales. which
was resisted ar rolounced void by
the United ~ Supreme Court,
and to e ~" Of Mr.. Lin
coin 10 susprnc habeas cor
pus In Florida. IL causing the
arrest of the Maryl al Legislature,
and creating military commi ssions in
time Of peace. Congress, by indors-
ing all these acts, confirmed the doc
trine that the motive must be consid-
cred, and that the mere infraction of
the law was not, IN itself, a ground
for the punishment suggested by Mr.
Boutwell, as proper for the President
de said if the honorable aud astro-
nOmical Manager could get over the
laws of nature, the Constitution
would not stand In his way, for the
removal from Office was prescribed
without limit as t. the distance which
the culprit should be removed. IGreat
laughterl.
He went on for some time, describ-
ing, IN a manner which elected roars
of laughter, supposed fight of Bout
we'll. as bailitf, with the criminal in
charge to his hole in the sky.
Mr.. Evarts then took up the sub
ject Of the position and powers of the
President, and held that he was the
direct representative of the people
who elected him, aud for whom
he held his powers ia trust.
Evils and disturbances always re-
suit from the accession to thar
Office of one elected By the
people, and destitute Of personal or
political support This exceptional
weakness for the Presidential Office is
now heightened by the extraordinary
divisions Of party strength in Con-
gress, and so the constitutional safe
guards to its independence are unayail- +
ing to urge the unequal contest; nor |
would it, he claimed, be fatal to the I
maintenance hereafter Of the true /
position under the Constitution.
Evarts next spoke of the peculiar
of the country, from which /
have sprung the present proceedings.
He referred to the chaos caused by
the rebellion, and to the unprece-
dented social change wrought by the
of four millions of
slaves. He said the question as to
the part to be taken by the different
branches of the Government, and as
to the application of the Constitution
and laws in the work Of recOnstruc-
ton, were immensely difficult. aud
readily productive Of honest differ
ences of opinion. He dwelt at length
on the complication caused by politi-
cal aspirations, and claimed that all
these considerations were motives to
avoid, or delay the action Of impeach-
ment, to cure the evils which political
action would itself remedy.
He referred to an article in the
Tribune as an example of the feeling I
entertained By many that impeach-
ment was warranted for political reas-
ons, and argued IN refutation Of the |
view thus taken He held that the /
essence Of the GonstitU was she I
authority Of the people, and that Its 4
arrangement OF the relative powers of I
the different branches Of the Govern I
ment was based on the idea that the I
terms of authority granted were so /
short that evils could be patiently en-
dured for few years until the people /
could, By the ballot, remedy them. /
At this point. 4 O'clock The Court |
and Senate adjourned.
HOUSE. ..-.... W AsHIEsroS. april p.
Stevens offered a resolution that
800 copies Of each Of the constitutions |
of South Carolina and Arkansas be /
printed for the use Of the House Re- 4