New-York tribune., 1868-05-05
THE IMPEACHMENT TRIAL,
Con,;nued from First Psge.

nd
a. ms p,esstre and defy the power of the people, If
pun right nhe proposition that the acts Of Congrss are
me mode prescribed M b., ele Ss Constitution
I'M iSy the T,,bS tSeir jurisdiction and under the
limitations ohe Constitution it results that the viola
tOn Of ais by the President Of the United States
and his refsG TO execute them, high crime and mis-
domeanor unter the terus OF the Constitution, for which
be is mpeaclable, and for which, if he be guilty, he
ought be Convicted removed from the Office he has
sishon0red lis not needful TO inquire whether only
Constitution Of the United states 1mpeachable, be
cause by the LAWS Of the United States AL crimes crimes ae ih
District OF Columbia, made indictable. believe US
SeSsSS0r On ma $er ndctaSe sy Sy the laws
United States, when committed by an ohGet Oh Tue e
mis- sworn duty a high crime snd misdemeanor witnln
ue meaning ofth. Constitution Az oSostion bV the
Senate 10 would be IN vain that shouu Sfgg ,b I ~
death as to persuade a Senate SO lost TO every sense OF
duty and to the voice Of reason itself to some @ 10 3e e S
Tneanor under Constitution fOr the President or the
his OATH IN Violation cf'he pain letter Of the Uonsttu
ton that he should take care that the laws should De
faithfully executed, 70 set aside the laws anu 10 ueCc
defantiy that he viii not execute them. ,.,, .,,.
NE M soS6S Sssa' law W Of Ns to he Dsci Of Con@s argued
hom and from the TasS q me tS9 & IN 'ae , EI & s S ,S
% p,sS1s & ,s sI, g Se imPssssse He fheS connaci
do nof propose Scnators to waste words in noticing
whatbut for the resect bear TO the learned counsel
lawyers qubbe Of defense, that if the Presi
dent be guilty Of the crimes laid to his charge in the an
they not high crimes and misdcmeanors within the
q
Ored the great crimes of treason and bribery IL is
enough Senator's for to remind you Of what have
the nation; which touch stability Of our Institutions
that they are crimes which, tolerated BY this, the high
est tribunal OF the land would vest the pes en by It's
solemn Judgment with a power under le Constitution,
10 SUSPEND at his pleasure all laws upon your statute
hooE and thereby TO Nunihilate your Government They
have heretofore been held crimes IN hStoy and crimes
their lycsnot merely their Offices but tht~ lives; OF
that may GaSe Tre Ge Dc defense @ Of the Preside is not
whether iudictahe crimes OT oncnses are ma 10
STopo.on Rs ihSls' as already stated that mPeacuent
futon or of the laws because Of his asserted cOhsW
floral right iudicay TO interpret every provision OF %
constitution for himself and also to interpret for hnsei
The VALIDITY of every law exclude disregard at
hs election any provision either o le & o VI
The law and especially he declares at the TACT OF after
he fact that his only purpose IN violating Ihe one or iU
other, is to have true construction U @ @ of th Valid
IA the one case ana lu1lcEu III I1 Siotn ~ @ do
ity the other in the Courts OF the Uned STATES no
iH ai,loH' dilbGyorabe man IT, pHrposely here or
where should misrcpresent the position assumed 10y
the President that counsel for tile defense, Mr. Cur
;is in his opeing attempts 10 gainsay the statement
TbaVe ust made il. that the defense Of the PTeSi-
dent rests upon . the assumption as stated @s.a.eu
address says: But whcr. senators question arises
whether particular law has cut of power c0nhded 10
him the pcOpe through the Constitution and he alone
can raise question and he alone can cause Judicial
decision to come between the two branches OF the Coy
say which Of them is right and after due de
liberation with advice of those who his proper adj
Won Whether there is any violation of his duty when ne
takes the neediul steps TO raise that question,
and have ii peacefully decided. Now / ask,
to President by S force Of the Constitution the
learned counsel argues he is vested with judicial author
ty TO interpret the Constitution and TO decide ON the
validity Of any law of Congress what there TO hinder
@ 0 saying yd5eS 81 iT % 5 T NV m e SeaIe % e IT eaTued @ C
gentleman from Massachusetts too selfposed and
Wild stormy OF anarchy careless Of all success, in the
in which some Of his associates did You may
burned into my bra BRAIN c%.Edl and % only perish with
Of NeW-1Ork
who not careful of his words when he stood before
CONSTITUTION of the United states invested the Prcs
dent with the power to guard the peoples rights against
Congressional usuTpation. You recoect that as he
knded in his argument, he ventured on the further
States that you dared to decide against the President
this issue the question would be raised by the people
defense the President, of the supremacy author
C9nsuon is to be the sign which the President
shall conquer against the unlimited authority Of Congress
bnd him by laws enacted by themselves In the mode
prescribed by the Constitution Senators; NAV he mar
~ Of h associate touching this power the Pes-
dispense with the execution of the law In 1862
M There was pamphlet published. bearing the name of
the learned gentleman from Massachusetts touching lin
ations the Executive power, and will read
tract or from that pamphlet to show the difference
between the current of learned mans thoughts when
speaks for the people according to his own convc
lions and similar man when he speaks under re-
per1s who have support the Constitution all
citizens who gard ihe principles Of cy liberty which that COatu
ihee specls are re.gey deesied-BsSjASiS W CURTIS '
The President, he says, is the COmmanderinChief OF
the and Navy and not only by force of Cons
tuition but under and subject 10 the Constitution and TO
CERTAIN restrictions therein contained, and to every
enacted by its authority as completely and clearly
as any private in the ranks. lie is Gencralji-
Cnief but can Generan Chief obey any law Of bis own
authority When he can, he superadds TO his right as
commander the 10 be Judge, and that
despOtsm. The mere authority command an army Is
side, all the Of the President
He cannot make law. lie cannot repeal one. He can
only execute law. He can neither make. suspend
alter it. He cannot make an inquiry that is
good law, good law exactly in the midst OF the Re
the light of the Interpretation given by great man
Mr. John Quincy Adams, whom have before cited
s land % covered % S the % serene hga Of peace whenever hgmfn
Constitution, 1t is the very law and nothing but law
The claim the part Of the Executive to suspend at
his discretion all the laws your statute book and fo
dispense with their execution the defense and The
whole defense of the President clear clear
as that light live and so clear that vybayr
may be the decision of tins tribunal that will be the
judgment Of the American people IL cannot be other
wise 1t is written in this answer it Is written in fIe
arguments of his counsel and no mortal man eVe ~
IL is all that there is Of It, and establish this assertion
that il is ali there is of it, ask Senators 10 consider
Articles the President has denied Not one /
ask the Senate 10 consider what onepse
charged against him in the Articles presented
by his answer confessed what charge is not clearly
established by the prOOfl Not one Who can doubt that
when the Senate in session the President i'm direct
NOiuOn OF the express requirement Of the law which,
In the language OF the honorable Chief Justce in tLs
Mississippi case, left no discretion n him. but eu0ined
special duty upon him. did purpOscly, deliberately yo-
late the law and defy its authority, that Inc Issued an
order for the removal Of the Secretary War and issued
letter O authority Tor the appointment Of successor
the Senate being In and not consulted I'm tbe
premises. The order and the letter authority are
written witness OF all the guilt OF the accused they are
confessions of reference there no cscape from
them This order is clear violation of the Temure-of
once act. The President manner
and fO as he stands charged in the first, second ara
tld and eighth and eleventh articles Of mpeachIe9t
an anu no man can gainsay II, except man who accepts
the executive pierOgativc judlciOusy interpns the
i [ "a anu anu 20 sSI , as g 10 Xl29Ie and TO deIy the