The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-16

scna'c, it IS net easy to see. u wNs, '""'orrr
re'lsgl 1irO.er evidence. AM tho rtas ~ re'l
not c}~.a0. i eAyciir1 ~ was ttis we "a rosii
Is . A. CT q. course, taat th'i ~ : lir, W.h' = u
iopic hy The resolution be.ofc o.cIe. ~ v.acace
woua 10 admissible IN le tinnas. 80" SD ~. .
Therefore, that IN every prime Die 'f iaw anl o di''
russion IN sclerclrc 10 ihc rv,AH!el2if-s 90 iir
cc1ri on the pom :. l. iitSS nc NJ RE rf siten.
sloild be allowed u l- reld ANA g!vel. ~ en- lc2c
M BrrlER--I sinIp.y desire 10 cali the attention
Of the Senate 10 the lcs taat whchor az matter Of
DARN, ar e profession ~ iei't-h"iihar counse'
hayiur sta:rS INV ,,1ssrl,. ,asgn why tl,ls nappg
should We received IN ovid ncc-wc pnt II Tie r.
solve OF the senate 10 SNOW Mai not%itGsIand-
ing that resolve served upun tao President on
and treated this Lorenzo Thomas as secretary OF
War ~ interim; IA LQrcazo Thomas Was thus re-
cogn2cd b. liza AMER Gt as he seer ,aly "a t"t-
rim, ald t!t after thal Lorenzo Taoidas was carry
ing out his design W lake possession Of the ohice D.
force we offered i ~ orter 20 snow lh.t tne lres
dent or the United Srites was deterhlneu on dls,
obcyi!lS The law Of the LAND, and NOTICE was served
upon him for the purpose Of having him know inc
action of the Senate, so That he might stay ms
hand. Now, can prepared article made after
that, and after he was inpeachea by the
House OF Representatives, be put in evidence
An ounce of action In obedience TO the law and the
resolution Of the Senate, would have been great
deal better than pages OF argument. J WI not use
the wurd dare, for know that counsel would dare
do all that good lawyers would dare do in favor OF their
client; but will say that the gentlemen have not
shown any sound reason on which this can be done.
The CHIEF JUSTICE directed the counsel for the
President TO put in writing what they proposed to
prove.
Wife they were engaged In doing so Mr.. BUTLER
said That to prevent mistake he had sent the Clerk OF
the House for the record OF the proceedings ON I'M
parchment. Mr.. MCPHERSON, Clerk of tile, House.
game m soon aiterwarus ard htn,ted the House
Journal to Mr.. Duti5r. 80
Mr.. BUTLER sad-I End upon examination that
the state OF the record Is tis-On the 2lst Of Febru
AIRY the resolution OF impeachment prepared and
referred to acornm!ttee; on the I'D the committee
reported, and that report was debated through the
ed and into Monday, the 24th and tie actual vote
taken on Monday, the Ath
Mr.. EvARTS-Late Ill the afterno0n-fve O'Clock
80 that was correct.
Mr.. BINaHAM-l rise to state q further reason why
we insist upon this objection. The House of Repre-
sentatives as appears by the journal now furnished
voted on the ed Of February that Andrew Johnson
be impeached Of high crimes and misdencanors.
on the day preceding the 22d OF February appears
that the Senate OF the United States proceeded TO
consider another message OF the President, In which
from the Department mt Of Var Edwin NJ Stanton
then Secretary OF War by previous action OF
the Senate. The Senate refused TO concur In
the suspension refused to acquiesce in the reasons
assigned by the President, under the Tenure OF ONCE
act, having given the President notice thereof The
President proceeds thereupon to remove him and TO
appoint Lorenzo Thomas Secretary OF War al
Interim, In direct cOntravent.on of the express words
% c thai 81 e e OF q e tine
Senate of the United States passed resolution re-
citing the action Of the President in the premises to
wt-the removal OF the Secretary OF War and his APP
ponment OF secretary al interim, and declaring
that under the constitution and laws OF the United
states the President had no power to make the re.
moval or to make the appointment Of secretary al
i,.te,fm, That was the action OF the Senate and
notice Of that action served the President on
the night Of the 2lst Of February. Now what
takes place? Here Is presentment made
the 21st or ed Of February, 1893, against the
After that presentment he was within the power OF
the people. Although he had fed to the remotest
ends OF the earth he could not have stopped for
moment the proper course Of this inquiry to final
Judgment, even though personal process had never
been m served upon him II is 50 provided in the text
man. After these proceedings thus instituted, and
two days after the effect Of the action OF the Senate
effect of the commission OF his crime the President
enters deliberately on the task OF jusfyng himself
before the nation for Violation OF its laws Of It's
constitution; for violation Of his oath Of Office for
his defiance OF the Senate, for his defiance Of
the people BY 1n, sending Ss message to the
Of February, 1858. What is it, Senator'S, any
more than the voluntary declaration Of the criminal
the case in law Does it alter the in the reason
or Judgment OF any man living, either within the
his declaration in his own defence in writngs The
law makes no such distinction. undertake to as
sert here regardless OF any attempt to contradict my
statement, that there Is no law by which anybody
cused crminally after the fact make declarations
either oral or in writing, either by message
that 'ne can e be- given IN evidence to aca Sd
himself or to AFFECT in any manner his crlminaty
which should be admitted upon any form of law,
upon his own motion, to justify his own criminal
conduct DO not hesitate to say that every author
lating to rules Of evidence in proceedings OF this
sort IL directly against the proposition, and for the
made by the accused voluntarily after the fact in his
own behalf. read for the Information Of the
Senate the testimony touching this fact OF the
service OF the notice OF the action had by the
Senate. and of the conduct Of the President
whereof he ,, stands 1.,. accused Mr. William II.
page l4s An attested copy OF the foregoing resolu-
ton delivered by me into the hands Of the Presi
dent OF the United states, at his ONCE in the Execu-
tive Mansion, about O'Clock p. NJ on the 2lst OF
February, 1885," And on the oath OF February three
declaration, which his counsel now propose TO make
evidence in his behalf before this tribunal OF justice
or course It is evidence for no purpose whatever
except for the purpose Of eXculpating him OF the
criminal accusation preferred against him. Sena-
tors will bear with me while make further
remark. The proposition Is to Introduce this whole
message-not simply what the President says for
himself, not simply the argument which he chooses
TO present IN the form OF written declaration in
vndicaOn OF his criminal conduct, but the declara-
ton OF third persons The Senate Is asked to accept
this, too az evidence on the trial OF the accused
the declaration OF the third persons whom he calls
his constitutional advisers. lie their opinions
without giving their language he gives their conclu
sions, and those conclusions to DC thrown before
the Senate as part of the evidence. / beg leave
TO say here In the presence OF the Senate, that
there no colorado excuse for the President or for
his counsel coming before the Senate to say that he
has any right to attempt to shelter himself from a
violation Of the laws OF his country under the
opinion Of any member Of his Cabinet The consti
tuition vested his Cabinet counsellors with any
such authority; 1t never vested the President with
authority 10 suspend the laws or 70 violate the laws
the laws and IN defiance Of the final action Of the
Senate, acting in express obedience W the law.
There is no coorable excuse for these proceedings.
] say 1t with all respect for the learned
counsel, and | challenge now the production
OF authority in any respectable court that
allowed any man, high or low, officially unotn-
cialy, TO introduce his own declarations, written
unwritten, made after the fact in his defence. That
Is the point take here I beg pardon or the Senate
for having detained them long in the statement OF
proposition 40 simple, and the law Of which Is
clearly settled, running through centuries. submit
the question To the Senate.
Mr.. EvARrs-Mr. Chief Justice and Senator'S, the
only apology which the learned Manager mas made
for the course Of his remarks is apology for the
consumption Of your time; and yet he mas not hest
uted TO say, and again TO repeat, that there Is no
color OF Justification for the attempt OF the President
OF the United States 10 defend himself, or for the
effort that his counsel make to defend him. We do
not receive our laws from the learned Manager.
Mr.. BINGHAM lrisingl-Wil the gentleman allow