The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-16

4
action iOf the President 10 the premise,
town e.. he ramOgai Of the Secretary g..
4 dd 6dteTtnt-aud declaring that, under the
4 Constitution sE0i laws Of the United sta es
/ the -Prss1dent nad no power 20 make Z a
1 IcnoViat or make the appointment OF q
/ Seeretafy al fateFi7n. and declaring that
/ under gfthe COustttntiOn and laws, the
! nIova1 or make an ap5ointment not con
i Cured g. II Dy. the senate: and tfce OF
/ fhaF action was served on the President on
/ the night OF the 2lSt Of FEBRUARY. Now il
takes place here as a presen tnient made
/ on the 2 50 oTr22d of february against the
/ PRESIDENT. before the grand inquest
/ he was within the power Of the peo-
/ pie: although he had ded- 20 the re-
have stopped for a moment the proper
course of this inquiry to find judgment
Even though a personal process had never
been served upon him, it is provided in
the text Of the Consti tution. that is to be
challenged by no man. After these pro-
ceedings were thus Instituted, and two
days after the effect of the action of the
senate being made known TO him, OF
the com mission OF his crime, the Presf-
Gent enters deltbeI ateIy on the task OF
juStifying himself Tor violation OF its
Law anu the Constitution, for a violation
Of-hls oath OF Office, fOrl1is defiance OF the
senate. Tor his defiance of the people, by
sending q message to the Senate on the
Z4th oI feoruary- what IS II, senators, any
more than he voluntary declaration of q
criR21nal. after the fact is made ia his
own behalf? D pes it alter the case in law
does it altef the case in reason or Judg-
ment1oft any man living, either in the
senate or outside, that he chooses to put
his declaration of his defense in writings
Thelaw makes no sueh distinction. 1 un-
dsftake 70 assert neFe, irS5aEdleSS OF any
attempt TO contradict my STA ement. that
there be no law by which amy body accused
erimtnally, after the act, can make deela-
either by a message to the Senate
or g speech i2 a ran that can
selfor affect in any manner his criminal
ity Within a tribunal Of Justice, or TO make
Tl4eaeg6 T a n iszs sP4nqb Fl, bf 9e & niIeq GP9fR n
justify his criminal act. i I do not hesitate
70 say that every authority when the gen
tleman- can bring into court relating to
the rules of evidence in the proceedings.
The Court. is directly against the propOsi-
ton, and for the sim pie reason that this is
a written. declaration made By the accused
voluntarily after the fact ia his own be-
halt, I read for the information of the
laElng to this faet, oruhe service of a notice,
of the action had by the Senate, and the
conduct rot the President, whereof he
stands accused. - f.tt
Mr. Wm. II. Mcdonald, chief Clerk OF
the senate, iestl1es, on page II, that IAN ar
was delivered by me into the hands OF the
Presidsnt of uhe United states, at ais office
IN the EXECUTIVE Mansion, about 10 O'Clock
p M. on tae2lst Of February 1855" /" and on
the 2ith OF February three days afterward,
the President volunteers written decia-
DrUDU%Hs
max e evidence in b1sl behalf before this
tribunal Of justice, OF course IT is eyi-
dence 70 no purpose whatever, except for
thSpul11Dse of excusing him OF the crimi-l
nal accusatlons preferred against n IA.
Senators wilI bear with me, while ]
make one furtber remark fhA prDDosf-iI
tiopT was to iutroduce- the. whole message. /
neI ls sll4 Ply " m n2 llle, PFesldent says Ior
he.chooses TO presentda the foTna Of a writ
ten decLara IQn ia Ylndieatlon Of criminal
cOndus.ta blsL-t6e. .declaraLlQns OF The third
'sersous. The Senate IS asked 10 accept
this, too, al evidence in the trial OF the ac-
cuSed-Ihe declarations OF third persons,
whom he ca Is his con II utlOnal advisers. /
He states theiT) opinions without giving
those seconeIusions are TO be thrown before
the Senate as part of the evidence. I beg
leave to say here in the presence of this
for the President or his. counsel coming
before the Senate to say that he has
frOmoa violation Of the laws Of his cOun 1
try, under the opinions of any member Of
his Cabinet Ihe Constitution never vest !
authority: Il never vested the President |
will authority to suspend the laws. or yiO- /
late them, s9l 10 maEe appointments IN
direct contravention of the laws, and in
defiance or the Senate; acting il express
9oedienee tp the Jaw + 20 c9ioTaoiifs eXence
FOR the. learned counsel, aud I challenge I
the productIo on Of any court that ever all 4
lowed any men, high or low, officially or Z
y
tions, 5written or UnwTitten, after the act, |
IN his defense. That is the point I take
here R5g pardon Lon foF hayipgr & detained
81 ton 50 sim pie, and the law of whIeh is |
50 clearly settled, by running through
centuries. I submit the question to the !
Senate
Evarts-1Ir. Chief Justice and Senators:
The only apology which the learned Man
a2er has made for the course of his re-
II Grks, is an apology for the consumption
OF your time. Yet he has not hesitated TO 4
say, and again TO repeat, that there is no |
color of Justification for the attempt of the
President OF the United States to defend /
himself. or for the effort that his counsel |
make 10 defend him. We don't receive I
our laws from the learned Manager.
Bingham - Will the gentleman allow
me ..t.
Evarts proceeding with the remark.
Nr. Binz ham-Ihe gentleman mIsrep- /
Evarts-I don't misrepresentt he honor
'I5f Binaht5I6f 4. f did not say there was no
color OF excuse for the Presidents attempt !
{ o.defend himself. or for his counsel tode-
fend him, but there was no color Of excuse I
for Offering his testlm Ony.
Evarts--It all comes TO n single thing [
with everything that is admitted on our /
view or line of. the subject OF the cOntro- /
Ve1sy, except that II be confined 10 pre-
ager ehoose TO throw down,and Is regarde9 I
as wholly outside Of the color OF law and /
right on the part of tue President and MS /
cnunsel. and II is 50 repeatedly cparsed. /
Now.. II the crime was completed on the /
2ist, wnicl is not only the whole basis Of [
butc eve-y 6ther argument og ev1d snce
wIicn had the honor of hearing from I
him, sucuid Ike TO know what apphca- !
ton, relevancy. the resolution had WhIcn /
was passed by the Senate on the 2lst OF /
February, after the act Ofthe President aad +
been completed and after the ac nad /
been connun1cated to the SENATE. Tnere /
can be no single principle of iaW or evj- /
dehce' on which that view can be /
proved on behalf of'the Managers. aud on I
viii b me reply of the President WOuId be |