The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-25
YORK HERALD SATURDAY, APRIL 25 TRIPLE SHEET


1861, which It claimed was violated. The fifth article
alleging the intended employment OF force he held
was not supported BY testimony rhe sixth, in
winch VIOLATION 0f the Tenure Of Once law Ia also
alleged he considered disposed Of by the argument
against the constitutionalty Of that law.
The sevsnth article was passed over with n denial
that the Presidents oath of Office was violated by
the offence charged.
The eighth article he met by the argument that the
alleged endeav0f to obtain possession Of moneys in
the War Department, even II made, was not in
violation OF the Civil Tenure law as stated.
With reference to the ninth article, he held that
the President was in the line OF his duty when con-
fcring with General Emory about the disposition Of
forces and that no evidence Whatever nd been adj
dnced to prove that his purpose III tbat interview
was evil
Considering the tenth article, he claimed that was
based on the principles which underlie the sedition
law, which ever since Its passage had stunk In the
nostrs OF the American people. lie he'd thar the
President had followed the example OF certain mem,
bers OF Congress in disregarding the amenities ol
expression aud was excusable for using
strong LANGUAGE in reply to the abuse
which had been heaped upon Nun. MI Neson
insisted that the preservation of the right OF the
freedom OF speech was Indispensable to maintain
our liberties After brief consideration OF tue
eleventh ARTICLE which he said was sufficiently an
swered by his remarks concerning the preceding
article, he referred to the charge of Mr.. Boutwell,
that the President wished control the elections in
the Southern States, and asked how that could he
possible with officers designated by Congress in COM
mand and eNerci sing control over all that regions
MI. Nelson closed his argument which was OF very
great length, by sayingAs to the President assuni
ing powers not warranted by the constitutions
Il
he is not guilty. | say to you Senator's that you
have solemn responsibility. have the same laitll
this case. The same confidence which ought 70 he
reposed in tho American Senate | do believe that
men Of your character Of your position in the world
have the ability to decide this cause impair
TALLY and to set aside all party considerations
in its determination and believe that the result Will
show that the country has right to believe It, Just
one word here, sir. Every lawyer in the United
States Ia familiar with this dea that great many
cases are put In the law books and especially in the
"A n rfe md fa
judges and uries IN regard TO the improper and the
UNJUST verdicts that have been rendered in times
past Every lawyer knows of cases where men, es-
pccially upon circumstantal evidence, have been
tried and executed when 1t afterwards ap-
were not guilty. These cases are not put in the
books for the purpose of frightening judges and
jurors from their propriey, but for the purpose Of
causing them to exercises salutary degree of caution
in the powers conferred upon Them and think that
the Senate Of the United States may look at the
history Of the world for the purpose Of deriving
the lesson intended to be impressed on
the courts and juries by the books So, with
out going back over these things again,
can say that think even the Senate of the United
States may look back to the history OF the world for
the purpose of deriving some instructive lessons
OF history. Some three or four examples have
occurred in the history OF the world that
ARE not unworthy OF a passing notice.
us OF the murder Of Caesar by Brutus has raised the
question for nearly twenty centuries whether that
SeS on or nc s aa o ehres was
another OF the historical problems which has never
been and never will be settled in the opinions of
kind. Some regard Cromwell as apatriOt. animated
by the purest motives: others as an ambitious man,
craving for power ana property. That question still
remains open. But the deeds Of violence committed
In the world have not always been followed by peace
and quiet to those who have done them. few short
years after the execution Of Charles and the bodies
OF Cromwell and Bradshaw and or two Others
who were concerned in his execution were, in con-
sequence OF a change In public opinion, taken from
their graves ana hung by the party that came into
power. Louis XVI. was executed by the people of
France. pa that act give peace and quiet to the
by deeds Of bIOOdsled such AZ the world
had never SEEM The guillotne was put in motion
and the streets OF Paris ran with human gore. These
deeds that are done In times OF high party and polti
cal excitement are deeds that should adinonsl us,
adinonish you as TO the manner in which Won dis
charge the duty that devOlveS upon you. The con-
sequences that may result from your votes no man
can foresee. have no idea that consequences such
as have described will result, but yet deeds that
are done In excitement often back in after years
and cause degree of feeling will not attempt TO de-
scribe God grant that you may act In the discharge
OF your duty that there shall he no painful remem
brance, Senator'S to come back npon you in a dying
hour. God grant that yOu may act that you viii
only be able to look death and eternity In the
face, but feel that you have discharged your duty
and your whole duty, to God and your country. RI
50, You VIII receive the appreciation OF men ana
angels and the admiration OF pOsterity | do not
know, Mr.. Chef Justice and Senator's that it is ex-
! actly IN accordance with the etiquette OF
propose to do now. but trust the
Senate win take the viii for the deed
anu " There ~ anything improper IN IL viii
overlook 10. cannot close the remarks have made
In this case without returning my profound thanks
70 tue Chief Justice and the Senators for the very
kind and patient attention with which you have
listened TO me this occasion. InsigniGcant and
lengthy as has been the argument I have
o1ered. yon have extended "a patient attention
which | had little reason 10 expect. and cannot
take my seat without extending to you nv thanks
whether II he IN accordance with Usage or not.
Mr.. Nelson having concluded mis- argument. at n
quarter past -four o'clock the Court adjourned unti
twelve O'Clock tomorrow, and the Senate mncdi-
a,ely afterwards adjourned till the same hour