The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-30
gPEEoH OF HON. WIN. H. nvARTs.

Ills opening remarks alluded To- the
grave character Of the case and tho i'm
possibility from human prcscienoe Of pre-
d.ctiug the results which would auw
from it asd from its decision. He fran.
ed q strong appeal for ciroumspeotion,
in its consideration, briefly reviewing
tho issues involved in the few impouch-
mcnt trials which have taken place in
our country. ae spoke Of their utter
i"signi6cance in comparison with that
now presented, and said he would call
attention to some Of the probable results
which would follow the decision Of not
guilty. The Government will 80 on As
before and Congress. and tho Execu.
two and judiciary will resume their
proper functions. In case of convic-
ton, disturbances of various kinds will
arise. Ono branch of the government
will be Invested of its prerogative, and
the President will be succeeded by .
member of tho body which deposed
him. This he maintained, was che tri-
al of the Constitution. Referring to
the Supreme Court as the respected,
cherished guardian of the peoples lib
critics, he alluded to Congress as having
recently taken from its rightful
jurisdiction the defense of a sa-
cred right; and Congress was usurping
the other coordinate branch of the gov
eminent. The people locked to this
trial for a decision which would restrain
that aggressive branch within its proper
limits. The oath of the President was not
merely the common oath to discharge the
duty Of office, but included the unique OBJ
legation to preserve, protect and defend the
Constitution Of the United States. The
people have formed and will adhere 70 their
determination that the oath shall not be
taken in vain. They are converts to no
theories Of Congressional omnipotence, and
when they hear that this sword of impeach-
ment is drawn they wish to know the crime
with which the President has been charged,
and for which it is thought to dispose of
him. They understand what treason and
bribery are in all their rami6cations, but
in going through with all their list they are
told that his crime is having removed q
member Of his Cabinet. and are told, also,
that 1t becomes great crime because Con-
gress for the first time in the history Of the
Government made it so. He undertook to
make an ad interim Secretary, and now in
consequence, they are to have made for
them an I'D interim President. They also
ascertain that no force was employed and
no removal was made except on paper, and
that for the purpose Of procuring q decis-
ion from the Supreme Court, to prevent
which, vigorous action was at once taken
by those who bring the accusation. In
short, said Mr.. Evarts, tho people see that
it is q question Of supremacy be-
tween Congress and the Constitution.
Referring to the position assumed by the
managers, that this tribunal is not q court,
Mr.. Evarts said it was the first time he ever
knew prosecutor to make this assertion,
If there was any danger Of their case being
turned out Of court they were to turn the
court to their use. English precedents were
adduced. They show, he SAID, that Parlia.
ment was the supreme court of that nation,
and impeachment was only part of its ju.
dicial function; this view he supported BY
the authority Of Chancellor Thurlow. Il
this is not an altar of justice it is merely
an altar of sacrifice. He said the managers
had taken no pains to conceal the party
spirit and party hate which hurried thorueh
the preparations for this trial.
He read some declarations on the sub
ject, made by the managers in the trial
He called attention to words Of one of the
managers who spoke Of Senators as heads
men standing on the scaffold with their
swords ready, they having tried the cul-
prit, on the night Of February q, asser-
tons which he characterized as insulting
to the court, cruel and unwarrantable.
He read from the debates on the formation
OF the constitution to show that the power
to impeach and try the President was
granted with hesitation to the Senate, and
only because Of the reliance placed upon
their observance Of 4 Judicial oath.
Mr.. Evarts then dwelt on the tremen-
dous power and meaning Of the words d:
Truth, Oath, Justice, Duty, and appealed
to the Senators to brace themselves by
their integrity, truth and justice to observe
their oaths and preform their solemn duty.