The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-18

law ~ n justification OF his refusal TO obey the
law. That rs the Managers proposition. NOW,
Wolves more or less the general merits
OF this case as they have been necessarily
anticipated somewhat by incidental arguments; but
we do not propose TO occupy your time WIN preLm
mary discussion or what must form very large ana
important part OF the ina considerations 70 oe ais -
posed of in this case II is enough in reference 10
questions OF evidence, when it is introduced IN
trial, that IL shall be apparent that he
to the introduction OF evidence, trustw arthy
and to be used and applied according to the
in this matter in behalf of the Managers. may be
stated briefly thus. II what was done by the Presi-
Civil Tenure Of once act, in the writing out and de-
livery of these two orders, one calling Mr. Stan
ton to surrender the office and the Other directing
oifce-if these two papers were consuInmate
crime, then the law tmparts an intent to 40
and SO that all else is inapplicabe within
the view OF an impeachment That IS one
view pat forward by the Managers. II VIII he Tor OF
you to determine hereafter whether the violation OF
| a statute, however complete is necessarily hlgh
| crime and misdemeauor within the meaning OF the
constitution, Tor which this remedy OF impeachment
| may be sought and may carry its punishment 80,
too it is to be forgotten that In the matter OF de-
fence all the circumstances of intent and delbera-
ton, and inquiry, and pursuit Of duty on the
part OF great official to arrive at u
determination as to what is his official duty In an APP
parent conflict between the constitution and The law
| form part OF the general issues Of impeachment
| and defence. Now the answer undoubtedly does set
| premises has been done on the Presidents Judge.
ment of his duty under the constitution of the United
States, and after due deliberatioD, responsibility,
upright and severe effort to get all the aid
and law the subject Of this duty which was acces-
| portant, and recognized as among the most impof-
ant, of the aids and guides supports and deiences
which the Chief Magistrate of this country Is TO nave
| in the opinions OF the people at large-ln tne
| opinions OF the two Houses OF Congress-in
the opinion even Of judicial consideration when
| case shall properly come before court-as 10
| whether he has pursued his duty, attempted 10
pursue his duty is the view that those officers Of the
| Observation-Disclosures his constitutional right to call
| upon them for opinions, and under the practice OF
| this government, convened in council for the pur-
| pose of arriving ut opiniOns-have given them
| in reference to the matter Of conflict and
difficulty. This offer of evidence touches that part OF
the case and is to supply that portion OF the evidence
as to what care, what deliberations what advice at
tended the step OF the President as he proceeded IN
the stress in which he was placed, and in the very
by a voluntary case assumed by himself, but in a
matter pressing upon his duty as President In
Chiefs of Departments OF the government.
That is the range OF the ISSUE ana that Is te app
inns Within neIs Iang ee Of fne
Presidents right and duty to aid and support himself
in the performance of his duty, cannot ne doubted.
But it is said that this involves matters OF grave con-
stitutional difficulty and that if this kind of evil
dence is to he adduced that will be the end of all inn
parchment trials, for it will be equivalent to the au
| thority claimed under the British constitution,
| which denies that the Kings order can shield the
| Minister. Whenever any such pretension that is
set forth here that the order of the Cabinet
| Gil to any act Of the President is 10 shield
| him from his amenabity under the constitu-
| ton to trial and Judgment for his acts
| before this constitutional tribunal il will be time
enough to insist on the argument or to attempt an
| answer. Is there any fear that such privilege or
any such right, we call 1t, shall interfere with the
due power OF this tribunal and the proper response
| bilty OF all other great officers OF the govern
| ment to it, questions which make up
| the and catalogue Of crimes against
| the state within the general proposition
| OF impeachable Ofcnses2 IL is impossible
that matter Of this kind should come into play. In
cases of treason, bribery or offences involving
turpitude SHINING against the country's welfare,
no such matter can properly come into play.
or course, in some matters OF the conduct OF
foreign affairs, which might by an implica-
ton come within the range Of treason, IL may
be supposed that the constitutional advisers
of the President might by their opinion, support
him in the conduct which was made the subject or
accusation But here IL will be perceived that the
very matter In controversy must be regarded by the
court in determining whether this species OF evil
dence IL applicable, and In determining It's appca-
bity need not plead before so learned court that
the question OF its weight and force Is not TO be an
| ticipated.
Senator CONFESS moved that the Court do now
adjourn.
| Several SENAroRs-Oh, no; let vote on this
proposition.
| Senator CONNESs was understood to say that he
| made the motion at the request OF the Managers.
The motion agreed to, and the Court adjourned
at a quarter five till eleven O'Clock tomorrow, and
| the Senate Immediately afterwards adjourned 10 the
same hour.