New-York tribune., 1868-04-29
TUE IMPEACHMENT TRIAL.
con,,nued from First PsGe.


A., as5 mel some Of the other counsel NOT my u, ent
tcA aaH Chamber of the President. was not present
t 80 time but have It from the lips of me ,non
t ii,s I'M, to be true that Judge Black urged uP Ppt
MIN bs decision Of this claim, and his ans"e. nn file
claim cIse Congress was In session, and II "a az act
and prser for vessel TO be sent down lnei f6e Back
AZ am informed and believe by telling hin m @ Ia, Com CCn
ercss waNn session, aud by asking nun esssfv ~ e~
M BI FR made remark maudible to ihe G g"ery, &
hi ,, n to ' f,r will relieve him by saying
that have ssd as much as deSIe & 70 70 % read them
pEMASD R TIE ESFORcEMET OFT o. dE ,6a ~ ,be Ete rne
Senator EDMJNDs then arose ana ana ofA5 o order S
Mr. IOGAN-Ir President. would ike 10 say one
wSSTad wSSTadrrJUsTrC- thoro objection the gentle
"S ' '0GGNSI merely wish to correct tho statement Of
c,rel for the respondent by saying that he is mis-
about this etsr having been signed after any i'm
Elilcr or myself kPw well when signed It, hope
% 4 sfSoSSS SEoSG VII Vii % ~ dGtSs pleasure that had
no design TO msrep.eseh any gentleman concerned ID
may have fallen into err, but my understanding
mai II was after the proceedings were commenced but
matter whether am misakea or not will bring it in
ftines to the Senate That is Ill the gentleman can ask
Mr.. WILLIAM NJ. EvARTss ARGUMESr.
Mr EVARTS then spoke Ms follows:
CurFJUsTICE SENATOR I am that
CONSCIENTIOUS man would wish TO take any part in the
solemn transactions which engage attention to-day
unless held To it by something not inconsistent with hs
obligation Of duty, even IL we were az liberty
4
even II the interests of the country aud of
The party power duty 10 the country and duty 10 the
party power, as is sometimes the case aud a, public
iuen very easily persuade themselves s may be- the
ease any juncure, were commensurate and equivalent
certain which lies before us in the immediate fnue
Who shall determine the currents which follow nom % Ihe
event of stupendOns political controversy VINO
measure the force and who assume to control e storm
But we enlarge the scope Of our ana OF
our vision and take in the great subjects that have been
constantly pressing upon mind VINO Is ee so saga
cous in human affairs who 80 confident OF ms own
capacity who so clrcumspect IN teadlhg among gaNe
responsibilities and so assured OF Ms
md so approved in his Judgment as to zee
clearly the end OF this great contest Let us hc sure hen
tat M, man shall here volunteer. or shall liit ms
finger TO Oste struggers IN the contest hr Wet me
Witnesses in which take part, and which We IN our
vOcations are to assist IN determnng 1 ' 9ocS
Iistce OF the United states and the Senators in tis
Gsri for the trial of this impeachment and Of its authen
uc derivation from the Constitution, there can he no
iouh 50 of the authority OF the honorable Managers
and their presence aud the attendance Ot tht H3n o
Representative itself in aid Of their argument and Their
appeals there as little doubt LhS I freuet % :" tne
United states is here IN submission TO the s"ne olslu
ton. obedience TO IT. and in obedience TO tht duty
to preserve, protect ana uelena lne i tne
ght President TO appear by counsel oi MS Choee
makes IL as clear under the obligation Of member OF
th profession and under the duty Of cit2eu OF free
state who has fidelity to the CONSTITUTION ana the
laws that he shall attend upon NE oeTs N ~ n,H % d od
Sr % h., The world without knowing that the defense OF
e accused becomes the trial Of the Constitution aud the
protection Of the common safety II Is nethcr ny care
les mon caprcious distribution Of services 10 the State
iiat C, r divides them among those who manage pot,
hi candidates. among those who defend the accused ANA
among those who In the Senate determine .te EiaIe
issues of peace and and all the business OF t STATE
IL Is from facts and instances that people are Taught the
Constitution and the laws ana tls by lacts 3nq
that these laws and Constitutions are upheld ana I'M
proved Constitutions are formed laws established IN
until al length by opposing some competing some
M point of collision aud the clouds surchargd with the
great forces Of public welfare burst over m mead Itls
Cicero and in open recognition Of the pregnant instances
ia English and American history Is held TO he a ds'lI
here io tins august procedure and has assigned 10 ech
his part IT, through all its Responsibilities i@ the enu
v ins surrender ourselves 10 its guidance Tie con
stitutuusl procedure of impeachment III our history
grave interests that are involved IN the present
rTial Starting from the first occasion IN winch
il was moved being against a member of the sen
ate it decided nothing important. politically or Jud
ciaily except that member of tins body was not
officer under the United states lIe neAt Ial "nS1
Judge Pickering patook OF no qnallueS' ehcel o PER
oas d or ~ sId gaSe Iu t ths he
law no precedent except that an insane man may De
tnJe humphrey there was no defense and the matters
of accusation were SO PLAIN ana cear that II Nv MtS
he mere fOrmalty That leaves us no tai "t interest
except those Of Judge Chace and Judge Peek Neither
~ these ever beyond the gravity OF formal ana
solemn accusation, Of men holding dgnlhtd Naluaple'
eminent public Judicial trusts, and their dciermina-
ton IN favor Of the accused leaving nothing TO
lee illustrated by their trials except mat even Mheh
' !. person personal fault and misconduct n Office
roltics will themselves into the result What Is the
question here Why, MT ChleIJ9Stiee anu n,uts, ~"
the unltica power Of the United states Of America Is
ns ss e T6e HusS President Of the United States here
accused and the Senate OF the United states Us mere as
S Court 10 try him presided by the CieJustlee
ander special constitutional provision These powers
M our Government here not for concord OF action III
any of the duties assigned 10 the Government IN the con
duct OF affairs Of the nation; but they are mere IN
ssTuge and contest as TO which one OF lhen shI pe
Others Crime and violence have put all port9s Oh our
political Government at some Disadvantage Inc ciIms
aud violence Rebellion has deprived TINS House OF
Representatives and this Senate OF the full attendance OF
members which win make up the body under me Con,
s.tutOn Of the United States when II snail nave
been fully reGstabliShed over the whole country.
The OF violence and Of assassnation has put the
Executive Office IN the last stage Of constitutional au
ihoy There is elected successor OF
thc President OF the Ghted STATES anu you ia @ nU %
Intending to exhibit here the discussion OF constitutional
views and doctrines but simply the result of the Govern
mcnt OF the country which must follow from your
~ The Upifed States OF this accusation, all
tnrs win be as they were before The House OF Repre-
entatives will retire 20 discharge It's usual duties ia eg
e aud 20 divide with the President the other associate
duties executive character which the Constitution
6as conaded to you The President If freed from tins
srclsafOn will occupy through the constitutional term
place OF authority, aud whatever course OF politics
NAV follow the Government and its Constitution will
have received no But II the President should be
condemned and by the authority OF the CONSTITUTION
ylOved from Office There will be no President Of the
United States for that name and title Is conceded Dy the
IF ts PEOPLE for the primary and alternative gift Of that
office. thing will occur The duties OF the once
will attach 10 some other officer, be discharged by
him fhroueh the term which belongs the hrst officer
The presiding officer OF the Senate will have TO add to the
~ the duties OF President of the United States; and
whatever there may be IN the course OF pubic anaib
Will result from the anomalous situation which Is in
yoyed n the determination OF this and therefore
you have directly proposed 70 you as necessary result
Of one determination this novelty IN our CONSTITUTIONS
A great nation, whose whole form OF government,
whole scheme and theory OF p0cs rests Poh tn
suTrages Of the people will be without President aud
the office seduestered will be discharged by member OF
the body whose Judgment has sequestered ~ neSu mo'