Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-22

tives of his Office, as against any law which
he regards as an unconstitutional invasion OF
those prerogatives, that an individual has to
bring to the test any law which he thinks
invades his rights. We confess that we think
the Presidents counsel are SO far In the
right. But tins privilege carries with 1t. OF
course, the peril of submitting to the penal
ties Of the law, if the tribunal before which
the case is tried adjudges the law constltu-
tional We do not see. therefore. how the
PRESIDENT right To question the law VIII
help him on this trial, unless he succeeds in
satisfying the Senate that the law is uncon-
stitutional and he will not be likely TO do
that, as the Senate has already three times
solemnIy expressed their opinion by more
than a two-thirts majority that the law Is
constitutional.
It is on this question of the President
right 10 test law claimed to be unconstitu-
tional. that the larger part Of the evidence OF
the defense has really been directed, as well
as much evidence offered which has been ex-
cluded The Presidents counsel have IN
sisted that Mr.. johnson, by the removal OF
Mr.. Stanton, was only endeavoring to try the
law questions in the case, and that he had
no intent = to violate the law except tor
that purpose. The facts i'll evidence and
those not in evidence do not, however, sus-
tain this view Of Mr.. .Johnsons conduct.
The President ordered Mr.. Stanton out OF
Office and ad interim Thomas in. Stanton
o,d rho President did not
then, and has not since, instituted any legal
proceedings 10 test Stanton's right {" the
possession How can Mr.. Johnson's counsel
say. then, that the President desired To get
the question into the courts? If that was
his purpose. why has he not gone there with
the question? But the fact that he has not
zone there, shows that he never had m . in
tent - to 90 there
But this action Of the President has
brought the question into oourt-not the
court he intended, but court entirely COM
petent to try the question.-and now ms
counsel endeavor TO avoid the iud gment of
this tribunal by saying. what no facts i'll the
case establish, that he trying all the
while 10 make up a case Tor the Supreme
Court. The truth is. all the circum-
stances show conclusivelv, that Mr. johnson
hoped anu scnencu 20 ger possession of the
ofhce,-hrst keeping Stanton out by per
suadIng Grant to stay in. and when tho.
tailed, hoping that Stanton would give place
without resistance TO Thomas-and thus put
the burden Of testing the law questions
upon those who upheld the Law rather than
upon those who defed it, In this he most
signaliy failed, and now he prays that his
- intent so 20 do NAV shield him from
punishment In this he occupies about the
same position as man who attempts by
force TO get possession of what nc claims to
be his own property If the courts decide
that the property is his. he will yet not es-
cape Judgment. since he may not recover even
his own property by force: and if they de-
eide that the property is not his, he will
be punished as the laws provide. The Sen
ate have already decided that the war Office
is not Mr. Johnson private property, and
even if they reverse that opinion now, they
must yet decide that his attempt to get pos
session of it was unlawful and therefore
he has shown no - intent d" to
BRING the question before any court unless
it be the court of impeachment.
The testimony submitted by the defence !
Ices no: essentially change that offered by |
the Managers in respect to Mr.. Johnson's /
'peeches and the Senate upon that part OF /
he case will be obliged to decide whether il |
: high crime and nnisdemeanor for Pres
dent to disgrace himself and bring his office
n disrespect. by such indecent harangues as
lie uttered at every cross ROAD when =. swing
ng around the circle. If such speeches do
rot constitute a misteIneanor, it is not easy
o imagine that any disgracefnl and disgust
ng exhibition of public functionary can
constitute suel. an offence
The case VIII re closed and q verdict
cached, probably, next week: and whether
he trial results in conviction or acduittal.
will doubtless furnish precedent by which
uture Presidents and future Scnates will be
overned. Ii is therefore of the utmost con-
equence that the verdict be one which is lust
nd righteous in itself. fully sustained bv the
aw and the evidence. and one which no I'm
artial and intelligent student of the case
an honestly challenge.