New-York tribune., 1868-05-06
THE IMPEACHMENT TRIAL.
con,,unea fron First Psge.

Sae Thing 10 he able to agree with the for the
PRECEDENT in any single proposliion Thateyer Whatever, Iney
and that is that an unconstitutional law
s no law but 4 is only no law to the President eI
Courts II only law TO the people, after its uneons
nationality shaI nave peen aeCded IN ne manner PFC,
adroitly handled that text obtained from the mighty
Isae Of Marshall knew thaitba rule governed the case
lust as well as any body Knows H. IL is law until il
shall have been reversed 10 has not been reversed and
10 assume any other position wend be 70 subject me
country al 10 anarchy, because as have
bad occasion 10 say ~ the progress OF TINS
argument, the humblest citizen in the land is as
much entitled to the imppnty which that proposition
brings as the President Of The United states IL d0eS ~
gesult however that the humbest citizen OF he Ianu @ IN
his cabin OF your Western frontier through NOso 1 "a
thatch the rains beat down the winds play as ] are 20
at liberty 10 DEFY he laws ON the gI9u1 ~ preidnt
unconstitutional Tho same rule applies 10 'ho f
Your Consqon s no IesI5G'or& a &5d dd the President
Feay intend 10 violate its PROVISIONS eShois ~ s'
sense OF mankind is that when man does an uhiaWm
act be being of a sound mind anu 1hueIsIluIl4 10 10 ~
further controversy. 10 sometimes happens, hONthC
because In the Providence OF Cod uuh Is stlonsel 1
f,ischo0d that a guilty conscience sometimes Mahts
Syciatcs and thereby contributes 70 the vndyaon OF
'.t.J ave and the administration of justice between
man ana man i'm support Of the right 50 mas Hallehcu
senators that the accused az your Dabe fIesuento o INC
United states was exception TO that rule tlat lnur,
dcr ouf" he could not keep his secret. tpossessed
him aud h. compelled him. IN spite OF himself, TO stah
tsCrebV Silence the tongue Of every advocate in this
CHAMBER aud Of every advocate outside Of this Cham
Ger undertakes 10 excuse the poor man ta5 dI NOT
know the consequences Of his Own ACTS He did intend
a. and he confessed IT, Now, ask the Senators TO noe
What Is recorded in page 234 OF the record IN MS
sotter 10 Gem. Grant, 10 see what becomes
si this poteuse that the intent is not proved, that heda
not intend 10 violate the law that ne did not nten I'D
defiance of the express words OF the law which are th
The Secretary shall forthwith resume the functions ol te
sice. In the event that tue senate shall no,cOHc
The suspen6On, and inform the secretary Of the fact OF
GoncnTgcBce, All 81 which appears on the record & ar
Bingham here read tBe letter OF tne PRESIDENT 70 Gen
Grant dated February TO- in which he claims that Gen
Grant was aware OF his intent 10 1oice tr Snso 70 ne
seFt TO the courts, ans 10 pIeNeIIt HIS H.
the office Of secretary OF war. He con; con.
was not his purpose It would be, It seems TO me, and
say it with all reverence, beyond the favor OF OmnpO
fenee 70 know athDg hat was not and could not possibly
be- You know was the Presidents purpose TO prevent
Mr., Stanton from resumng the ONCE. what says the
tary, II the Senate shall Dot concur in the suspension,
sorbwth 10 resume the functions Of the Office and yet
t@e SaSye SfnS he inen Ven we have G and in GODS
name, what TO prove before This man IS 10
tHtiT 6Nn Senators, II my purpose and you know
o. 10 prevent Mr. stanton from resuming the dates OF
Snere is nothing in this stammerpg confession OF ths
yOlaor Of oatls ara yIoiayCT ol SnG
before ts tribunal or any other tribunal e9lsltalea
sbe PresdeL WAS JyyiIHne 10 trust the once with any
who wOnld not by holding 1t compel Mr stanton to
anything il he does indeed know anything at all laugh
teri; and if ne not then order an inquest o qnacy
and dispose Of him In that manner BE kueW ii he knew
anything at ALL that he prevented Mr.. Stanton from re-
summing the Office. Nh. stanton could not any
more test that question IN yOur Courts of justice
than can the UNBORN child and the man that does not
know It Ought TO be turned OF the office which he dis
Ae has abused the powers that have been given him.
man that had sense enough 10 ind MS way 10 the capitol
sught % have sense enough 70 know that Laughter
Yet the gentleman's office goes ON mere ana
the People are mDeked ana ls4l'tu l,4ql't ,! ua!
ny daJ, BY the preense Jndt We are prosecuting an O
man. defender OF the Constitution, lover OF JUS
ntSi SIeoloctei oi o"tls. i'to " i % ~ ~ tttS ,s
sOEe Senators IN the progress OF TINS discussion that s
pretense Of the President IS an after thought The eer
which have just read dated Feb. 10 1868 says that
his object was TO prevent Mr. stanton from resuui-
ing the Office, and then the after Thought IS 10
Had he prevented the resumption of the o1iee there
would have been the end of IT, MI Stanton never could
have and that question has been discussed long
enough, and no longer open question and the Presl
dent knew Il when lac babbed this sIuh nsOFdcr 10 de,
ceive the groundlDgs. Let him babbe 70 t. the winds
Ale dare not babbe IL TO the Senate The question has
M Bingham quoted on opinion chissJuss Mhsu CS
Mles'on z5,l & 70 s iss s enc ~ m be G Covs15seS M ~ ~ " ~
This High Court OF impeachment Senators, Is the only
tribunal which this question could by any possibility
Ssre me Ieope Of the United States could and IN,
people have and the people await your Judgment Now
Senators, ask yOu another question: ana thJ Is lhls
How does the Presidents statement that Il was 10 com
mel Mr. stanton to resort TO the courts that he suspended
him. cOmpOrt with the pretense Of his answer, mat ms
The eonsttntionaty Of the law Tender regard this ior
the Constitution That his only purpose ia breaking the
law the validity and the obligation OF which IN The most
formal and solemn he had recognized ayailng
himself Of its express grant to suspend the head OF De
Partmen from the functions Of his Office ana TO appoint
Temporarily successor, and reporting the fact 10 the
senate, he now comes with his answer and says that his
only purpose that he might test the validity OF
the law in the Supreme Court Surely the Presi.
dent felt very tender regard f0r the Constitution
that was his sole purpose. How comes Il that the
President did not institute the proceedings. The Senate
l answer that question when they eome TO pas upon
plea. think the venerable Senator nom Mary land
lAf Johnson 10 respond here now 70 that inquiry
fnD OF learning as ne Is lul OF years ne NOn answer
that IL because was impossible that the President
II swell known to every juTist Of the country, the
;@ItiestioD stands and the President left IL,
the Constitution aud laws OF this country COZ say that
he would institute moceedugs II he had not Instituted
proceeding hcl ask again, why Insult the people by
knocking them with this bold political assertion that hls
only purpose n doing the act to institute proceed
sing N hs own mode in e Supreme Court Of the United
states test the validity OF the peoples laws Senator'S
81 Is ODy another illustration, surrounded the Pres
sicnt by those learned IN law, and cast IepiOach
am them IN saying IL II Was thelr duty TO
defence az then experience and all their learning, and
al these great powers OF intellect with which IT has
tRer evidence Of What aid before that nowisiSDdne
the learning and ingenuity OF ms aeeompRea defenders
before TINS senate ana says that ms purpose IN
tie validity Of the statute in the supreme Court
Of the United states when he kL0w ne bad
no power under the Constitution ana laws to raise the
question 10 all The written order for the removal Of the
Secretary Of War the written letter Ul authority Iui inc
appointments Of Lorenzo Thomas 10 the office OF secre
IessiOns OF his guilt IN the light OF that which have
AR Bingham quoted from Russels Criminal Law on
tbe question Of intent 30 the effect that where an act Il
lies The defendant and that the law IN such case i'm
phes criminal intent Was the act unlawful! II yOm
statute was valid IL certainly was
~ Bingham lna sIt section of se statute declaring lie
si0isi0n o be q high BfsienesnOF, &C.
Then il is an unlawful act within the text of Greeneat
that surely IS unlawful act the doing OF which is by
TIE express law Of the people declared 10 be a penal
ofcnse punishable by fine and imprisonment in the Pen
fenrary What answer do gentlemen make, and how do
they attempt TO escape nom this provision Of the lawl
Why they say the President attempted 70 the
secretary Of War but he did not succeed. Are we
80 be told, Senators, that II make
attempt upon your life here IN the District
N0I Columbia, although you were TO search never 40
closely the Constitution of the United states have not
hnd the Oflense definitely defined and its punishment
prescribed by statute Are be told because be did
not succeed numbering yOu outright that he be