Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-30
. The IMPEACHMENT TRIAL.
Conclusion Of Yesterdays Proceedings.

pf Che1T WrltS f05cdS COrDNy were bHlny
issued to get a soldier of the fort at Key West;
the Judge had the soldier brought before him,
anu he was discharged, and IN this way the fort
could have been captured by h1bcos corpus.
He did not know whether the hon )rable man
ager (Mr. Butlerl had ever made such use of
the koJeas co-paS in his military career. Mr.
Lincoln, on the nth of MAY, Zoe. issued the
proclamation sus pending the writ of ha5eas
CORPUS, and sent in his reasons on the assembling
of Congress, but he was never called to account
for 1T. General Mcclellan arrested the Ilegis-
lature of Mary land, not, that he (Mr. E.) had
ever heard OF, under any law, but no punish
ment for this was inflicted on him They have
now on their statue books a law q Indemnity
for various acts done by vario3 ofRcers in
violated the law, ana the Supreme Court had
declared them unconstitutional Mr. E here
alluded In humorous style to the astfono
meal figures of speech used by Mr.. Manager
Boutwell,, in his argument
He wished to draw their attention to what he
thought was matter OF great moment, TO the
departments of the Government were brought
into controversy. and he did not speak of per.
sons. The office of President Of the United
States was one of great power and profit 1t is
and intended to be, an Office of great authority.
IL depends for its place in the Constitution on
the fact that its authority Is conferred by the
suffrage OF the people. THIS power is not, then,
exercised as the will OF one individual, but be-
cause the people, who are behind him, are
holding up his hands in the discharge of his
duty. When the Constitution comes to this
trial that one is to be elevated to this office
who has not received the suffrages of the people.
then doubt, difficulty. and dependency come.
The powers then seem to be despotic, and
give force to the charge which has been made
IN reference to our vicious system of politics.
The Vice President is often taken with views
different from the President, for the purpose of
conciliatiDg other factions. Now when the
IN the .t1se Of into ne is PLACED
and because he follows his lifelong views he
brings down on himself the denunciation and
abuse of those who elevated him He was not
speaking particularly IN this matter of the pres
ent President, but of facts which had long been
apparent.
1t was well known that impeachment WAS
moved against Mr.. Tyler in the House OF Rep
resentatives, and received more than one hun
dred votes; and yet, when the excitement was
all over who would say that Mr.. Tyler had
done anything calling for Impeachment So il
was when Mr.. Fillmore became President; the
same charges OF betrayal of party were made
against him. No man is responsible, for the
fact that the Presidency is, as it were, an unde-
Tended spot. This weakness of the Presidency
is now opposed by a vast majority of Congress
The Presidency has but three projections
against the legislative branch, and two of
bose-the two-thrds vote over a veto and two
thirds vote necessary to impeach-how have
they faded away now in this Congress One
party holds three-fourths majority in each
House, and this shows how the calculations
made in the Constitution have failed VIVA.
was meant by a two-thirds majority? 1t was
never then supposed but that parties would be
DdrtlCular
to obtain such a control of the legisla ture He
begged them to pause before proceeding fu rther
IN this terrible struggle between the coordinate
powers OF the Government How disastrous
it Will be 10 the people whose fortunes are EN-.
baTked in the ship of State.
Under the evidence REJECTED, the effort of the
President TO obtain decision of this question
was shown. The President was brouyht low
beneath the power OF Congress by the two
thirds passage of the bill. and now when he
seeks to haveits validity determined this two
head low Now, the balances Of the Constitu-
ton are gone. and what if the people despair
over written Constitution. Our fathers were
wise, and made wise Constitution. If their
descendants had not the courage or patriotism
TO maintain that Constitution, what hopes had
those descendants that they cOnid make bet
ter Was all the power of the Government to
ne swallowed up in the omnipotence OF Con.
gress. The agitation Of slavery had been the
event from which all the disorders that now
afiilcfed the country had sprung The emanci-
patton of the slaves had thrown seven millions
OF people by the result of war; not of peace
into condition of freedom against the wishes
OF those who Were concerned. Such an act as
TINS: such revolution in social life would
have been great problem even if done in
peace, and the proper solution of il attended
with great difficulty; bot how much more diff
heult was II whilst in war. What has formed
that staple of politics for the last four wears.
how far the General Government has the DOW.
er TO model the transition from state Of war 10
state of peace; and when we see how far the
eral Government. and know how Jealous the
people were of allowing any interference in
their domestic concerns, then we see what a
fearful inquiry IL is as to how much the Com
stitution does allow.
He did not desire to commentin the language
which was now used, but only 10 cali their at
tentlon TO the necessities and dangers of the
situation, when now, years after the war, the
t.rms rebels and traitors, which belong to a
Time OF war, are used in time of peace in no.
iItleai discussions. Minds trained In the old
q he'd Nha
able TO comprehend the theories of the trans.
constitufioDalIsts, pondered over the times the
war had made. All this is within the region of
politics, ard the people are Unfortunate il their
public men cannot distinguish between a legal
and constitutional crime and an abomInabIe
one nee. OihewIse freedom has become sla-
very and party become faction. Stay the pres
sure before adverse circumstances shall weigh
down the State.
He held in his hand an article from the Til
tune, written with great force and skill. He
would not read II, but would say that il was AN
excellent series of articles of Impeachment
against the President for political repugnancy
and obstruction Of reconstruction. 1t was an
excellent article for political impea chment in
the press and in the hastings, but not here
where there Is judicial tribunal. The idea
that the President of the United States Is to be
brought In this Court on an indictment which
Is not sustained, to be convicted on an indict-
ent that the House OF Representatives refused
themselves 10 entertain, OF on that wider in
dlctment IN the newspapers, is too preposter-
Gus 10 be believed.
The coordination of the powers of a govern
ment Is not only great effort of the trainers of
the Constitution. but as il occupies the greater
part OF the Constitution, il is regar ded both AT
home and abroad, as the IT, sertion of the great
est importance, and the idea was that each
branch should possess the power not to en-
croach upon the other, but TO resist the en-
croashments of the others. great deal has
been sain about the great power of Congress
and so II has great power. The power of the
Judiciary Is simple, but when you come to the
Executive power, there the great problem
arises a. 10 It's limit. Our ancestors sposed
OF the question. Sometimes in the height of
party the President has seemed too strong.
sometimes in the height of party Congress has
seemed too strong but the dangers have passed
away by the predominatlng, irresistible infu-
ence Of the people. The very essence of the
Constitution IL that of the Senators In their sIx
years term, the President in mis- four-years
tenn, and the House ofRepresentatives in their
two-yeaTs terms, are all responsible to the
people, and their masters have the power To
pass upon their conduct at the end Of eac b re.
newlug term. He would read from Webster
that the President was not the servant of Con.
greSs, but was the servant of the people, Isl As
Cong ess was. He ould not add 10 the pererap
tory instructions Of this statesman. The gYeat
danger was OF one branch misusing the other
At p. m. the Court adjourned, md the Sen.
ale adjourned Immediately thereafter.