New-York tribune., 1868-04-14

whether ON the aor OF the Senate or the galleries thar
the counsel for the Presdent have attempted to obtain
accused rehut the legal presumption OF HIS gut aris
ing from his having done an unlawful act. am not sur
Ras discussed this question: II heard Alright the tes
mony winch fell from the witness testimony which Ut
eused What WAS Nothing said said the witness
the fret conversation about an appeal TO the courts
and finally, it was said by the President that IL was
impossible 10 make np case by when 70 sppeai 70 tne
FORM yet satisfactory 70 the counsel are brought
up 20 DO sure on question froin me honoaoie senator
sell and they tell the Senate that they have right
10 crOssesaniDe. To cross-exainine whOmt 10 cross
examine their witnesses. For what purpose In
search OF the truth they soy Well, IT IN pursuit OF
truth under difficulties iLaughterl The witness mas
already to matters OF fact that shows the naked
fasy the defense iDterpOsed here by the President
that his only purpose violating the law was to test inc
test the validity of the law in the courtsi II will
not the Senate Of the United States th he
has accounted for it by telling this witness that
could not be made up The learned gentleman VINO mas
Just taken ms seal 10 sG1 ahs NSndeaoSs in 0' tbs
in the Supreme Court To venture to ndorse for
Leutens that IL was impossible to make up
case stand here TO assert what the learned gentleman
the President Of the United States hat
he did do In tue first instance Issuing an order directing
Mr Thomas surrender all the records and property Of
the office ~ him. and IN the dsObedience OF the Secretary
authority which is vested in the President alone through
his Attorney General who now appears as has attorney
III
this writ OF quo carrGnO That the law which
dertake TO cay is settled in the Of Wallace 18th
wheaton, the opinion Of the Court being delivered by
Cbef'Justice Iarshall and 10 member Of the Court
dissenting It was declared by the Ohief-Justce
as the oSinioD OF the Court that writ quo rGITantO
could not be maintained except at the instance OF the
Government That power therefore, was vested IN the
Attorney -GenereL Let the President answer ia some
other way than by this declaration sought 10 be reached
by crosse Examination Of their own witness But sena
tors there something than that III THIS case and
dosire simply refer 10 II here ln passing Ihe gaee
ton which arses here Ia argument now Is substantially
and fact whether having violated the and
laws Of fhe limited States In the shown here they
cannot strip the people Of tho power they
retain 10 themselves by Impeachment 10 h9ia nSn mare
factors before the Senate OF the United
20 the exclusion OF the Interrogation Of every uDua 3i
Justice on Gods footstOol What has the question 70 90
with tho final decison IN this easei ray mat II
your Supreme Court were sitting today IN jnagnent
ON this question IL would have NO tnnuehce
the action Of this Senate The question belongs 70
the senate exclusively The words Of the Constitution
that the senate sbal have the sole power 10 us I'M
peaehments Tie sole, or only, power 70 try mpeaen'
ments includes the power TO determine the law ana the
OF The supreme Court OF the Circuit Court OF he s
tct Court OF any other Court outside of ths ngn
tribunal Is invoked for the decision OF any question
arising between all the people and their guilty fres
dent. We protest against the speech that has oeeh %
made here. We protest, also against the atompt hat
has been made here crOsseXamlue this witness 10 set
rid Of the matter already slated 80 truhuly by tue
witness. which clearly makes against ther cNcn slps