The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-10

whiskey thieves, as has never heretofore been
known in this once happy land. Such are the
first fruits of radical rule in its present stages
of development. What it will finally become
when our present free representative system of
government shall have been utterly overthrown
and Congressional oligarchy, supported by
the bayonets of vast standing army, shall
have been consolidated in permanently usurped
control Of our national destinies, we leave the
future to determine. Now is the time men of
America, to resist this threatened despotism;
now, before the maelstrom of Jacobin misrule
has involved us fatally and forever in the
accelerating velocities of its downward course.
The Impeachment Trial-Opening Of tho
Defence.
On yesterday the trial of President Johnson
was resumed, Mr.. Curtis delivering the opening
argument for the defence, He argued the case
of his client in quite dignifed, dispassionate
and able manner, claiming the right of the
Executive, under the constitution and laws, to
remove civil officers, and insisting that scarcely
anything had been done to justify impeach-
ment and much less to warrant conviction. Mr..
Curtis held that Mr.. Stanton was not appointed
by the present President, but that if even he had
been the Senate could not violate its tacit agree
ment when it ratified the appointment of man
commissioned to hold Office at the pleasure of his
appointer. The constitution, it was admitted
by the prosecution, implied the power of
removal, and this implication had become a
positive right by its exercise since the forma-
ton of the government. With regard to the
charge of having violated the Tenure of Office
law, Mr.. Curtis claimed that inasmuch as
every citizen has the right and power to test
the constitutionality of law which affects the
interest of the whole people, so has the Presi-
dent the right to test the validity of law
which in his opinion encroaches on the consti-
tutional prerogatives of the Executive. The
counsel proceeded to discuss the power of
removal at length, and, becoming exhausted,
requested permission of the court to postpone
the further delivery of the argument until
to-day, which was granted.
So much of the opening speech as the coun-
sci delivered yesterday was able and convinc-
ing, but it was wholly unnecessary. Mr.. John
sons defence was made by the prosecution,
when it utterly failed to prove the charges
brought against him. All that follows can be
nothing more than the formula needed to finish
off the case. Mr.. B. F. Butler and his col
leagues have already performed all Of the
needed work. They have convinced every un-
biased mind in the country that if the constitu-
ton and laws have been violated, if an attempt
has been or is being made to grasp more than
regal powers, and if the liberties of the people
are in danger from usurpation, all of these
crimes have been committed by the represen-
tatives of the radical party, and not by the
President of the United States. While, there
fore, it is pleasant to read the able argument
which Mr.. Curtis has commenced and to know
that the accused will be well defended, the task
Of proving him guiltless of the charges is now
scarcely needed. Whether Mr.. johnson be
convicted or acquitted, the people of this
country will in the near future regard him as
having been prosecuted by political criminals
instead of having been prosecuted for political
crimes