The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02

ten amendments were introduced and adopted and
first In order among them is this amendments
ARrICLK1 Congress shall make no law respsctine an e.
Enlistment Of religion prohibiting the free
Sr he 81 Of ns or
the government . redress or grievances. f'''''
There, in that article, associated with religious
great right Of popular assemblage and Of petition
there we nnd safely anchored forever this
pie Within ten years after the adoption
the hands Of one party All OF its departments,
ecutive, legislative and Judiciary were concentrates
In what was then called the federal parry Bu.
by formidable leader, party then called the re-
publican, since known as the democratic party:
press. All the patronage was upon the other side.
But they made the most OF these great engines.
10 lost ascrsoa ccndent in its parity STRENGTH
that irritated to folly and madness by the
fierce attacks made upon ITS executive, It's u,,
evil hour it passed an act July a. 1885, entitled AN
act for the punishment Of certain crimes against
provides THAT II any person shall write, print,
utter, publish, any false, scandalous and
ment OF the United States or either House Of the
Congress OF the United States or the President OF
ernment either House Of the said Congress the
said President, or to bring them either OF them
ener OF Of to
people of the United States such persons
- shall be punished by fine not exceeding
two thousand dollars and by Imprisonment not ex-
ceedng two years." No act has ever been passed by
the Congress of the United States so odious to the
rasts of the day attempted In vain to defend 1t be-
fore the people. But the authors OF the law
fore the popular indignation, and this
act, which was gotten up by q great and powerful
s to Ss s IN
followed by the maledictions OF the people. History
continues to teach US now as that eternal
there has been in the past q constant tendency to
transfer power from the many to the few. There
1s sapsen nsts ss ' and It's source
the legislative department alone Guard that
must guard the other departments rom its encroach-
ments. Without the help OF the people they cannot
defend themselves. This last attempt manifested IN
privilege Of the Legislative department is only q
repetition Of what has happened from the dawn OF
element it has always been jealous Of free
speech and free press has not e been SO 80
! cure surrounded by physical power. sustained
| by armies and navies. Accordingly, we find that
aa n %
conduct; while the decemvirs remorselessly put TO
| death Roman satirist who was bold enough 10
attack and bring into contempt their authority. The
eleventh article Is the only one that remains to be
considered confess my inability to make ANYTHING
out Of that article. And now, Senator's after this
review Of the articles of impeachment,
| we are prepared to form some idea OF
now is the mischiefss Where now is the injury to
any individual or to any officer Of the government
brought about by the action Of the President iatY
| has followed; no public interest has suffered; no
officer has been changed either rghtfully or wrong
has passed out Of the custody Of law has been ap
propriated to improper uses, To all this It Is said
powers have been assumed by the President not
conferred upon him by the constitution OF the United
+ + IL the order 1fe Of the
that the President usurped power not granted by
the constitution II that proposition could be e.,
| tabished the Managers would still be great way on
| from conviction for an Improbable offence. Much
more must be made out besides the actual violation
by the President Of the constitutional provision
| first OF ALL the criminal intent to violate /
and secondly, the existence OF an act OF
| intent should amount to high crime and misde-
/ meanor. But hasten to meet the Managers upon
the MAN ana on tSs as OF ws
1885, for the removal Of Mr.. Stanton was issued by
the President in the exercise OF an undoubed power
| vested in him by the constitution Of the United
States No executive order issued by any President,
from the time Of Washington down to the pre-
t asner this sn'e Ssaey IF this order indeed
not granted by the constitution, then washington
was usurper in every month OF his administration,
and after him every President thai ever occupied
incumbent, for every one of them has exercised,
| without doubt and without question, this executive
question ssnds npon authority It may BE-
said to have been thoroughly and satisfactorily
asitated the country; settled nrst in 1883 by the
very men who framed the constitution Itself; then
after the lapse and acquescence OF some forty years
1850 and In 1885. But in the worst party times was
never changed by the legislature but LEFT as It was
until the I'd Of March, 1857, when, after the lapse OF
almost eighty years. new rule was attempted to be
established which proposes to reverse the whole past
Mr. Stanbery argued that although the constitution
| was silent about the power Of removals. 1t plainly
implied that power. The purpose OF making appoint
mcnts subject to the advice and consent O the Senate
was to prevent corruption and favOrism, but not to
! give the Senate power to control the Executive.
Continuing, he sad-I stand then, Senators on the
Stanton from office. II he did I'm fact possess that
power what becomes Of the Tenure Of Once act OF
It is constitutional power which he pos
| sesses, how can 1t be taken away by any
| mode short Of q constitutional amendments Then
too II he deems 1t his constitutional power how can
you punish him for following In good faith that oath
ne mas een aoS apfenS the !" Of e
| United States.n Look, senators, at what has hap
pened since the beginning OF this trial During the pro-
gress of the CASE March a. 1888, question arose
| in which the Senate ~ Impeachment Court were
equally divided. Thereupon the Chief Justice de-
cided the question In the affirmative by his casting
vote. / make now the following extract from the
minutes OF the next day. April l. Mr. Stanbery then
from the ne sf Iasce bad no
| authority to vote, and continued:-How near, Mr.
Chief Justice, did you come TO the commission oI
| an impeachable ofence, according to this modern
doctrine announced here by the Managers :
But il il said on behalf OF the MANAGERS that al
| though each department OF the government may
have right to consrue the constitution for itself In
the matter Of its action, that being so the e9s
iaive department may carry out Its own opinions OF
the constitution TO all their final results, even II
thereby they totally absorb every power o. tme
| executive department. They are the sole JUDGES
Of their own powers when called upon
so me-, DSve % es SSSsS Of Sssen 50
also has the executives; and II they have Llg4t "
enforce their construction against the execntive 80
also has the executive right to enforce us consruc
ton against theirs. II was to meet that very con-
tingency It was il saye us from such fatal conse-
quences that the wisdom OF our foreiathers intro,
duced lie Judicial department as the hna arbiter Of
All such questions That falling, there Is but one alter
| tIye-an actual collision or resort to the people
This last Ia the great conservative ele