The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-05-01
TIE IMPEACHMENT COURT
EVarts Continues His Argument.
SENATE..-........wAsHrNsrOu. Aprit 30.

! IUDUdTCUW. WTE9W
the danger was TO another of the balan-
ces oftne Constitution, namely, the rela-
tiOns OF the weight OF numbers and equal
ty of the States, Irrespective of population.
From the principles OF the Constitution
and utterances of the foremost and distin-
guished statesmen of the past, Il was evi'
dent that to make the Senate executive
instead of advisory, was to rob the peO-
pies majority OF their rightful power. In
this manner the small and bhinly popula-
ted States would control the workings Of
the Government against the will OF those
who cast the overwhelming majority of
votes, and the Presidential election would
become a farce. I'm support of this
position, he quoted the writings
Of the elder Adams, Roger sherman,
various emergencies, which might arise
under the Tenurs of Office Act, which
makes certain oInces permanent ana rem
defs removal curing the session OF the
Senate difficult, If not inpractlcabIe. He
proceeded TO quote from the debates in the
senate, Wnep the bill was under consider
alton, and he language OF Williams.
Howard, and others, to SHOW It's effect was
to revOlu iouize the practice Of the Gov
ernme3t, and quoted an expression
To the effect, that while the Legis-
lative construction hai little weight, yet
the session of constitutional questions
by the supreme avs were authorities
Mr.. EvArts cOntended, however, that the
decisions Of the Congress of 1883 were not
only authoritative because confirmed bV
the supreme Court, but carried imme sse
weight of them selves He referred to the
deb te7 ~ 1873, as exhaustive of the sub-
ject OF ga Z. pawer of removal, and claimed
that the pUtut issue was settled ami
finally established then by the trainers Of
our Government and by the practice of
successive adminIs.r tttOus afterwards.
He also referred to Mr.. Webster's declara-
tlon in 1885. that the question was settled to
the endor ement OF President Jackson's
removal of Duane BY tns people,
the superior power of all IN re-
Congress of I7s9 was inffusnced by 5u,.
high confidence IN President Wa~hingt0n
Mr. EVarts asked if II were not pOssib bic
huenced IA an opposition by It's opinions
ON the incumbent President2 He read
from various contemporaneous wri ers, TO
show that the lnporta0ca Of the question
was deeply felt at that time, and that the
effec, OF the decision reached IN 1883 was
thoroughly understood. He claimed that
the recent law had been in direct contra
vention of the doctrine aud practice of thu
Government for eighty years, and having
the Constitution. Doubts as TO its COusti-
tutiOuaiity might naturally have arisen
in the mind OF the President, for which he
could not rlgntTully be lmpeached. Re-
ferring TO his argument OF yesterday, re-
spactfng the right and power Of the Presi-
dent TO resist unconstitutional laws. so as.
to bring them before the Supreme Court.
ne read from the debates on the Fu-
gi'i0e slave Law, in IS52-the ian
quoted ana endorsed Presi lent Jackson )
declarat On that eaCd department. Of the
Government had the right 70 judge Of the
cOnstiJuBOnalIty OF the acts IA juuctures
not already covered Oy the supreme
Court decisions. To dismiss and depOse
the President Tor an attempt to maintain
the supremacy of the Constitution nerved
him to make himself victim Of Congress.
and "a martyr of the Constitution. Recess
On re-a sembling, EvartS considered the
attitude which the Senators took in refer
ence to this subject. and said nothing was
more abhorrent TO a sense Of justice, that
a man should be judge in mis- case. or de-
eide a question, which he had already pre-
judged. He held if the SEN ia passing
the resolution Of censure on the 2tst of
February, had pronounced Judgment on
the subject Of the cOnSLItutiOnalILy of the
Law as political action, then they could
not consider il q judicial question. 1t
would be extraOrdlnary-a almost incOn-
ceiya9le-to suppose they did not 80
having TO try the matter. Il Il were
judicial, as Court of Impeach-
IDent II could not be possible that they did
not regard II as a political question. He
reminded them that the largest votes 4r
convection in Humphreys case were on
the articles charging him with having
jurynnan to sit who had Acknowledged
that he had formed an opinion. A gain
they had an interest in the resu .t OF so
0OO,UUO OF the patronage and the power OF
the Executive Office were the prizes Offs rsis
them for Conviction. Their political prefu
uicesY UOO- ne argued joined with other
considerations. caused them 0 cast out as
improper for their decision, charges alIeg-
ing the violation of their own law. pass
ing then to the general consideration Of
the evidence introduced IN support of the
Articles of Impeachment, he ii hdracterfzed
Managers had possessed every cOnsidera-
bic advantage IN the preliminary prfvi-
leges o. examining witnesses, and in a
hundred other ways In support Of the
charge of ObStructing recO Instruction. there
was the parsons dispatch to Whue Wood,
the OffiCe-seelSer, the only witness To
uphold The accusation OF abuse of the ap-
pointing power. The Stap pie Oftheir speech
IS cOnslsi ed OF matter twice rel ec1ed by the
noESs, as not Warranting impe schUent.
Yet Mr.. Stevens thought the nrroducriOn
OF the Ilth arttcse Indispensable to cOuvtc-
tLoh, a. ne saId the Court would be green
~ uoL ~ aC4uIs on the other ten. Mr.. But ,aT,
however. cOntended tnat If conviction
Ialled on the nrst, II would be useless 10
speeches.
Mr.. Evarts held there were two fatal ob-
IectlOns. lISt lhe speeches had efe euce
only 10 a defunct Congress- and second
they We're oHenses on 5 against rher0rsc
anu good taste. lie then advett-d. in -ar-
castle terms, 70 the language and ,orfiiI-t
OF the champion OF proprietv an0 da1e5fIf1
III the cause, and sal as he TNr Pnfi4rI
had claimed thaJ Lhe practice OF his Jribu-
2al was standard, he would rea from a
certain debate some time ago. / aD0eared
that Mr.. sumner mad called the
try, aud INDUCED in furtbies77 her me- nee
tiVeS, which the Senate had almost flnan-
tmously declared was allowable aud not
out Of order, (iaughter) IN Illustration OF
the Congressional stanuard OF the proDrf-
ETY. and license of speech.
7 hvartS also read the language Of AIr
/ Bingham and Butler in the House, where
they accused each other Of various crimes.
: when the subject under debate was char
1ty to the south. de then reclted the
Apostles description OF charity. During
! all this porti q of his speech be was fre-
! quently interrupted by peals of laughter.
/ he also referred TO the expression Of Mr..
Boutwell, characteriziug Jne position OF
+ Cabinet officers as serf-iike. anu argued at
some length that the President, al hOu gh
/ deneient N rhetoric, had SAID nothing halt
: 80 shocking to taste and prOpriety as had
! been cCuntenancsd d in the writings and
speeehes OF the Managers and others
I in official position.
He then took up the Emory article,
but gave II very brief attention