New-York tribune., 1868-04-11

must be provided for the laws because these are
crimes which strike at the existence OF the
Now What is meant by Other high crimes ana msue
meanors ~ No seizure socies They are gt ~ the same
Somnany ith treason aud bribery that is clear on Ine
face of The Constitution. There can De no crIn. ~ a. no
wrIttsp expressed or Implied There must be some law
otherwise there is no crime My impression OF u y sn
high crimes tna law ana o he Teed States Let
II the Constitution has not In subsistence satea 90 %;
that tSs ,taSaa the t acs saSie OF 6s U1
"The President shall have power to grant Teprienso @ 90
and pardons for oenses against tns uiea Sainst the
United States would include cases OF impeacnnem s t
might he pardoned by the president II ene5 ;ns.c6
excepted by the Constitution These cases OF t %
ment, according to the expressed DECLARATION " u
suton itself are cases OF oienses g aga&,i III 'e y cort
States; still the learned MANAGER says inat .s M !,
and that whatever may be the character Oh tns
tion T. Is bound by no law wlati then' was uie u''
Mr.. .BUTLER-PaTdon me- SIR said bouhd py ho
Mr. CURTIS proceeded 10 read some authorities from
law books and then said Another position 70 when
desire the attention OF the Senate Is that there Is eno
written in the Constitution to prove that this IS ,out
In which trial Is being carried on The senate oI
the United States" says the Constitution shall nave
the sole power to try all impeachments Mhen the iIss
ident tried the Chief snail preside Il also
provided that trial Of all crimes except In eases OF i
peaehment, shall be by jury This then - the trial OF
crime YOu the triers, presided over by the ChieI
Justice of the United States and that express word OF
the Constitution. There is also. according 70 us express
words to be an acquta conviction this trial for
crime No person shall be convicted on mpeaehm,ent
present There is also TO be judgment in case there
shall be conviction in tSsa sase Of 4caSSa cS
Office and disqualification 70 hold any onee OF
honor trust, profit under the United States mere
then there is TO 10 the trial Of ciime-a trial by trl-
buna designated by the Constitution, IN the place OF
court andJnry. There Is to be conviction giit y
nent inflicted by tue Judgment OF tile Court and this,
too, by the express terms of the Constitution say
the Constitution OF the United States has not designated
inpeachment ofenses as ofenses against .h .he
trIa Shieo Of these these oenses 1t has established
tribunal for the purpose Of trying them and II has a.!
rected the tribunal IN Of conviction 70 pronounce
Judgment and to inct punishment and yet the honor
able Manager tells us that this is not court ana th@t y
mainly think the provisions OF the Constitution on
the direct subject Of impeachment IL s at any rate
vastly strengthened by the additional prohibition that
Congress shall pass no b OF attander or er pos faco
law according TO that prohibition of the Constitution II
city aud If every bemberof the other also sitting
in legislative capacity, should unite in passing an act
wod be OF no account Yet what Is claimed here by the
honorable Managers behalf Of the House Of Repre-
law 70 punish those acts II no law existed at the time
they were committed the members OF the Senate may
sitting here judges not only after the fact but when
the case is brought 10 trial. create, each individual for
himself law upon the subject The claim on the part OF
with imperial powers II would enable you to say sic
colo sic Jules stat pro rato'e roiunas make Law unto
myself by which law propose TO govern Others. Each
one of YOU has taken an oath that he will administer
Justice mparaly in this case according TO the COnstitu
ton and tho laws. Bnt according to the view Of the
such laws the Individual Senator might himself make
view cannot Consistently and properly be taken Of the
nature OF this trial. Of the duties and powers ncum
Ssa' Se o6er SR % sroTon Of the that Congress
shall not pass bill OF attander What bill Of at.
tainderi It Ia law made by Parament TO apply t0fact
already existing and where every Legislator 10 the
phrase OF the Hon. Manager, law unto himself And
and his view OF what Is proper ana pontlc
Under the circumstances, of what use would be
passage Of bills OF atander IL it Is only necessary for
The House Of Representatives by majority 70 vote ar
ees OF Impeachment and for twohirds OF the Senate TO
sustain those articles an of atainder is thus effected
by the same process and depends on dentcay the same
Il is the individual wills OF the legislators instead OF the
conscentlou discharge Of the duty Of the Judge sub
nit then Senator's that this view OF the duties ana pow
ers of the body cannot entertained. But the attempt
made by tho honorable Managers to obtain conviction on
is 10th Article is attended with so much pecnliaiiy
that think the duty OF the counsel for the President
advert TO it, The first eight articles are framed upon
the honorable Managers did not intend to carry th 80 far
to say that unes rcs. s C aSe nsneS Ther
fore there must be law and the very gst OF me cnarge
that he broke law You must nna u tnat ia law eIs o
must find criminal intention on his part TO break law,
fiene %hSn we ne come to to this tenth article md
on at all but attended with some extraordnay
speee6es against Congress The true statements would
be much restricted than that for although IN those
dpnbtedy he did not mean the entire constitutional body
organized under the Constitution of the United states ne
II hut the complaint that he made speeches against
this whole Government against Congress Wel VINO are
and who are the triers the other complainant
Now / think there 10 some oongrulty IN tus. tnink
tds in this direction The honorable House of Repre-
snatves sends Managers here 70 take notice OF WHAT
That The House Representatives has erected itse INTO
school of manners and selecting from its ranks those
gentlemen whom it deems most compeLent 3y preceps
aanhd H.. desires
Of this body as whether the President OF the
nited States has not been guilty OF fndecorum-wnetner
e has spoen mproperlyfOr that s the phrase OF the
he Manacers Now there used TO be old fash
Toned notion that though there ought to be difference o
Ienne 70 them was whether they true false
whether what was said was true OF false % pui b ~ sees
Manager MIR Buer) In opening the case finding sup
nose that IL was necessary IN some manner 10 advert 70
NOT 10 be either false defamatory because
i Is not within the power or any man however n9n ns
tea stateS in the ordinary sense Of that word
call upon Congress to amwef % ns 20 20 6pr
considering the experience which we nave gone through
subject that s pretty lofty yd claim ia dr ySS go
dents there YOU will not nd that lofty claim rs that
made beg leave to read from , r Two rn Rc
ard IT., chapter l. The statute OF Edward H. after
TSa from h.Seech no one be hardy sell publish any false
tales whereby O or occasion S 81 ay., aST os or o. ir % %
he ih doth shah 6s taken and l'' IN n' he 'A' have
been brought into court"
Tie Statute OF Richard III. refers 10 |
dealers false and IN horrible and sse hes againN Dk
Princes EsTs aud other mobiles great the realm s9d also
hs CbanesO Treasurer Clerk Of the Pry Seal the judges and other
sreat officers Of the realm"
So that The Senators viii see that In those distant
times high officers and bodies not safe aghinst
Sorff6S And false lies" aud 1t VIII be remembered that
In The course Of our own experience during tne
war with Fralce and under the A1mi4slni1on |
M Mr. Adams an attempt was made TO cheek |
not freedom OF speech but freedom OF writing, an AZ
tempt which Is stamped, in the opinion OF posterty wh
The name OF The sedition Law" Senators Will ind |
that although IL applied only TO written llbels eou
taned express section that the trath OF tas noe
know making il penal by written publications to excite