Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-05

justified in saying that there was no case on
record where the Supreme Court had clearly
oecloed against the constitutionality of a law
of Congress. There was no such decision
in the Dred Scott case, and Congress
would understand what ne meant
He would be excused from quoting from some
Of the decisions of the Supreme Court in proof
Of this assertion. and yet the President assumes
TO do what the Supreme Court itself would not
attempt. law must be- obeyed and respected
as Constitutional by the President and people
until 1t is authoritively and by the proper tri-
bunal declared 10 b. unconstitutional But
Andrew johnson is not the tribunal which Is
10 decide upon this question, and that is the is
sue which is now before the Senate. He claims
the right 10 determine iudicially upon all laws
ana considering the operations OF Andrew
Johnson's mind, if the Senate by its Judgment
comedies 10 Andrew Johnson, the peroeatiye
which he claims, OF ruling judically on all
laws, God knows 10 what conclusions he will
not come 10; he may consider that every law
winch you pass, encrouches upon his rights
Ii will place him above all power, beyond all
reach. He will be above the Courts, and moth
ing but the charge of corruption will reach
him. IL will invest him with more than
kingly power, il will place the servant above
the master; and the day that the American peo-
pie concede Andrew Johnson's claim to place
himself above the Constitution and the laws
that day Will they prove themselves UNIV Jrthy
OF the great trusts which have been commItted
10 them, and Will deserve TO forfeit all their
liberties. But he had no fears of such a result;
the people would ia the future, a. they had in
the past, insist that their President should obey
by their duly elected representatives. The
gen leman (Mr. Evarts) Rad spoken of the
struggle that was TO come, if the President was
convicted, between tine supremacy of the Con-
stitution and the omnIpotence of Congress: and
perhaps the gentleman would he sne of the
leaders in that struggle. He Mr.. II. nor his as
socrates had said nothing which justified this
alluslon TO the omnipotence Of Congress. The
gentleman could frighten nobod v by this clamor
What was there in the omnipotence of Congress
The House of Representatives was elected
Y he su of
ple and to that people were amenable There
was nothing omnip otent out God and the peo-
pie. The Congress was responsible TO no one
under Gods heaven but the people, and If they
We're TO be responsible TO any one else. in Gods
name let il not be Andrew Johneon. The gem
tieman had spoken Of those words written on
the II blets of stone by the common Father of
US all 'Thou shalt not take the name Of the
Lord thy God in vain, for the Lord will not
hold him euiltless who taketh his name in
vain" Ii was not well in the gentleman TO in
timate that the House of Representatives We're
inspired by hate, and regardless OF their con-
science, when in pursuance of their right and
duty they presented these articles of impeach-
ment; nor was il we'll in the gentleman
TO stand up here and intimate that the
Senate was not mindful of the solemn
obligations resting upon them by their
passage of the resolution relative 10 the re-
moval of Mr.. Stanton. He had no doubt tn at
all the charges which had been brought in the
name of an outraged people against this guilty
President had been proved. That these sew
eral acts so shown are impeachable has been
proved. To deny IL H. a. has already been
said, to plabe the President above all law and
all Constitution; TO elevate the servant above
his masters. We have shown him guilty of
maiadmlnistratlon, as no man was ever guilty
b' fore in this country. We have shown that
he las defied the Senate after il had admon-
lshed him. He has contemptuously spurned
your laws on the ground that he wishes 10 de-
eide their constituticnality and this at the
time that suits his good pleasure. II l. an in
suit 10 the human understanding 10 set up
such a defence. IL Il useless TO waste words
uponit. The articles Of Impeachment are as
clearly drawn as 20 be intelligible TO all
the chliren IN the Land who are able
TO leave their mothers arms. The whole
case is that he has the power to set aside the
peoples laws; TO set up his own will against
the CONSTITUTIONS; 10 suspend indefinitely the
right of impeachment, vested in the peoples
representatives, until. IN his own time, Judi
clal decision can be obtained on a law. This is
the whole case. there is nothing more of IT, II
touches the nations life and the peoples hber-
ties, and the American people will never SUBJ
init TO It, He now maintained that there was
no power whatever in the President TO remove
Mr. Stanton. If the tenure was AT the pleasure
OF the Pres ldent this might be, but he denIed it,
The tenure rests exclusively in the Constitu-
uon and the provisions of law. The act OF l-6l
repealed, as IL We're, the acts OF '92 and % Ii
provided for the removal and suspen sion of all
officers then appointed and 10 be appoin ted by
and with the advice and consert of the Senate. .
and no sophistry can change the PLAN pro- I
visions Of the law. The counsel had endea,-
ored to get up a distinction between the
office and the person. but that will net |
avail them. There is no such distinction
The law expressly provides for the person who
holds the onice. In certain cases during the re- !
cess OF the Senate. and at no other time he can
suspend. The law Is so plain that no man can
misunderstand ii. II is admitted that the Sec
reiary of War, and every other officer holding
positions at the time of the passage of this act
was within the body OF the act, and the Presi-
dent was absolutely prohibited from removing /
them, but II Is said that the Cabinet ofi ap-
pointed by Mr.. Lincoln are excepted by the /
proyiso. Webster says that no eXcepuons can |
be claimed that are not expressly stated. and he
(Mr. b. denied that the language OF Mr.. Sher- |
man was susceptible of any such interpreta-
ton as mad been claimed by the counsel. The 4
President has more fully developed his charac-
ter. 1t is understood by the country and the |
whole civilized world that the President now
undertakes 10 make himself superior TO the
Constitution and laws Of the people whose trust /
he has betrayed. He claims 10 have acted /
under the Constitution. On the 18th OF |
August 1862. he issued order suspend |
ing Edwin NJ. Stanton. What provision l.
there in the Constitution giving the President |
the power 10 suspend any officer. or where is
the power given in tiny law before the passage |
of the tenuI eof-of act. Such a thing a the
suspension of the Head OF department had /
never before been heard of in the history OF the
country. He did not intend that the President |
should cover up his yilliany by changing
mont. His message announcing the suspen-
SION, and his letter notifying Nh. McCulloch,
the Secretary OF the Treasury, of the su-pen-
sion, expressly recognized the act of lssi7. IL |
he did not recogn Zed the validity OF the act
why ulu ne act under IL Ihe answer covers 4
the President with ignominy. He (the Presi-
dent) would recognize the law; he would sus-
pend Mr.. stanton under its provisions and II /
the Senate eoneurred in the r~asons for sus- 4
pension, well and good. If not he would go |
back on his record, defy the law, and remove |
Mr.. Stanton. He knew that Mr.. Stanton was
not legally disqualified, that no criminal |
charge could be brought against him. but he |
made up his mlcd 10 remove him. and did re- |
move him IN violation of the provisions of /
this ect. Doing this, he stands confessedIy |
guilty before the Senate and the Country
At2:l0 p. m the usual recess was taken
HOUSE, OF kEPREsENrATIvEs.-T House
met at II O'Clock.
I he Sp aker announced the following as the
Special ommittee ordered yesterday 10 in YES
tgate the char ges preferred by Mr. Washburne
Inl against Mr.. Donnelly:-Nathaniel y.
Banks, Mass; Francis Thomas, Maryland:
Luke p. Poland, VI; John A. Griswold. n
Y: Austin Blair, Mich; George W. Wood. |
ward, Pa; and James B. Beck, kentucky
Mr.. Dawes, (Mass.,) rising TO a privileged |
question: offered the following He offered IL.
be said, not upon his own motion but AT m.
instance of his colleague, Mr.. Butler:
Resoired, That the Select COMMITTEE ordered
by the House yesterday, be also charged un.
der the authority then given them, with the in
vestigation Of the allegations mad. on FRIDAY
EN na bar