Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-29

yvuput n ,ou ststut. ,hai Au off-noe j. pun
,hed by dra.n, yoa nerd no epita 70 sho y
that IL Il great crime for which tae otf..neer ~
TO be unishec. ard " hen your i'oust.tution
ssid the President on conviction should a. re-
moved from ofiice &c wss i'm Tli-d that ne me
for " hiCh such punishm nt' vas Z, b. ta,.ted
ont was great one, md thu word ssai rhs vvas
not needed. Yet H is gravsly prOpO~ed 20 Won.
who. from this position, sOmeoi you do aot dis-
oaln 70 look Mp 70 the Pres dental Bdic "a. is
proposed % you that IL little thing 70 strikS
down a President and deprive him OF uts nlrh
ONCE. You are told tits trlnine matter be-
cause :. does not touch life,nbcrty or properly.
III Justice requires thss removal, can you say AZ
4 II trivlali Will you change the whole system
OF the Cover nment becanse there has been an
% aeS1. nlal iniractor OF penal statute. IL is
wen see what the measure OF criminalty
WOULD lie OF der Indictment and then senators
3 VIII see what the actuHl infraction il. The pro-
~ % me etenore-of-Oface ball L. that its vlo-
. ih1on sal not exceed Slu.OOO nne ana years
IHPIlsOLment 6cents fne and one hours i'm
prsonment under the law NAV satisfy its in
,tacnon. Az TINS point Mr.. Evsrts referred 10
the argument OF Mr.. Ssnator sumner
who, when the tenuTe-Of-oface law WAS
originally under consideration urged that
some nNed minimum punishment be
lDse-ied, and gave as n reason that A conr.
might trya case uuder political bias ana no
TN Shmsnt Except nominal on would thenhe
inflicted. To this argument, AT the time Ssns
tors Senator'S Edmunds and Williams r.pled
that this was not TO b. considered A heinouS
offence, but mere political offeEce, aud that a
liked punishment was not necessary. That
would be the case under an indictment like an
the case n the respondent n convic Ted, his
punishment il irrevocable and terrible. and a
punishment OF infsmy and one greater than ne
can bear. These considerations Were intro
duced simply 20 show that the penalty fnds no
support In reason or law; none in common
' sense' and none in support CT the
The extremity OF the law is often the extremity
OF wickedness. He was now prepared 20 con-
sider the genera al nature of the offence charged
he should endeavor 10 consider three propD-
sinons First that the alleged infran ctions OF
these penal laws are not impeachable offer cas
uncer any color or evidence second that the
suoleek al ss ne are political, not Judicial, and
any other court, but At the great forum before
the people on the hustings. Third that tha
Preclse welght OF the facts that none Of the
alleged lnfractions have been proved TO b.
iacts. We must separate, for the purpose q:
argument, the inuendos, the Insinuations, IL.
aggravaiions that find lodgment win ia.
Managers, or, perchance, m your own heart
from The true political limit OF Discussion or
fcuon. IL aappears that up 10 IL o'clock on m,
2lst OF February the President was Innocent
bao done nothing which was an impeachable
offence The act was committed before one
o'clock. What wss the act IL was as
had been said, new offence IL was
IL any political offence. Ii was 20 reno
one Cfficer and substitute another In had no
other action, no other plan, aud would have
had no other consequence within the limit of
this indictment than the substititution f,r M
stanton Of another American citizen, with the
advice and consent OF the Senatr. The legal
od sEteTIm appointment was only until thar
TINE. 1t did not Involve any change in the
pohcy OF the administ alton, no danger TO the
safety OF the State, and however great the credit
Win the two Houses which the Secretary OF
W ar mr stanton, enjoyed, 1t cannot be denied
tnat al was helo by many public men. and gen
orally among thoughtful and considerate neo
pie that the situation in which there was an
antsgonism between the President aud the head
OF Department was not conducive 10 the
public service and however some might
claim and believe that the politics Of M
stanton were better than those Of the Presi-
Gent, IL could not be contanded that
that was any reason why the whole ma
chinery OF Government should be disarranged
This new law certainly effected am tire reyo-
luton in the practice OF the Government In
anected no other man IN the United States but
the President, and meant a. much as N IN had
said directly the President shall be fined ana
Imprisoned Al he removes a man from Office.
II was direct invasion of the right which had
always been elaine d under the CONSTITUTION
by the President, and when ne rs placed in the
poslilon OF surrenderIng up his own rights. and
II he refuses TO do AZ, he cannot by any reason
De aoJudCed guilty OF a crime in a moral point
OF view. There had been a great deal Of talk
anout violating law. We cannot violate an
unconstitutional law. A law is not made cor
sututonal merely by reason of placing il on
the statute-books. The learned Manage M
Boutwell) had said the Supreme Court had NOT
annulled this law. The Supreme Court had no
power 10 annul q law; IL did not possess any
poiiticai power: and its deciss ION did not anuul
law any more than it had been annulled be-
lore. i he learned Manager had also snoken of
The Obligation resting the President 10 execute
The laws. While he Mr.. E.D did not claim for
me President any more right than any other
Cluzen 10 disobey a law which concerned us ali
equally, but not so with a law which applied
individually. Ii was very queer when the
constitution says that Congress shall pass no
laws IN violation of NJ that when Congress docs
pass unconstitutional laws IL is the duty OF
everybody TO obey them. Every good citizen
mas ihe right to put himself in position 10 de-
termlne whether he shall stand under the Con-
sutution or rnder the law. The ConstiIution
was on paper, the law was on paper and the
oroer issued by the President was on paper
ana N the law was 20 be superior 10 the tsonsti
tuition then that instrument was a mere emmy
nothing The President took measures which.
without force, without violence, he honestly
believed would determine the rights which
Were vested IN him by the Constitution There
Was 10 malice, aiorethought or prepense in
~. Inc moment you can punish a man for
an effort TO ascertain without violence what
are his rights under the Constitution Won in
iringe upon one OF the greatest liberties secured
by the Constitution. The criminal law OF a
ny ny people distinguishes between actual and
technical ofense. IL would be monstrous TO
brlng the President guilty OF n technical crime
and deprive the people of their executive haad
on such charge.
AT p. m. the usual recess was taken
At2.3O p. m. the Court again came 10 order
MT ENarts resumed. He was quite amazed
AT the manner IN which the learned Managers
pore pore Down on those who obeyed the Constitu-
outy OF the profession 10 defend all acts done
under the Constitution An officer whose duty
~ IL 10 give force 10 a law by its execution. Is
bound 10 DO n under the provisions of the Con-
sntuton, and appeals to them for support An
officer IN the State Of New York undertook toand
olo raise a loan OF eight ten millions when
DRAFT IN payment was presented 10 Mr. Noell
the AUDITOR. be refused 10 pay IL although
The Sax million loan was made in pursuance of
law. This officer, according 10 the Mauagers
ought 10 b. lmpeached. The Supreme Court
decided The law constitutional. but on an an
peal TO the Court of Appeals, n was DECIDED
unconstitutional. The President bound by his
oath 10 protect and eefend the Constitution
seeks 10 have an unconstitutional law AS he
believes, brought into the Courts. and for this
action OF his tha remedy Of Impeachment
rs ssought. Not long since the Iegislature
OF New York made a law leyying a tar on
brokers' sales In New Yrk. winch would have
realized slO,UoOOOO, and they made il penal for
any broker not TO give a bond to observe the
law Now was II very wicked in him 20 ad-
wise the brokers that the shortest way 70 test
the matter was TO refuse 10 give the bond A
broker was indicted for refusing 70 nav a tar
on sales OF coffee, and he (Mr E1 was
not required 70 come TO the Supreme
Court OF the United States for A yindi-
eauon Of the Constitution.
HOUSE OF EsEsrArfvKs-Tbe House
WAS called 10 order Al u o'clock.
MI. Stevens (Pa-l introduced a resolution to