New-York tribune., 1868-05-05

first in the Supreme Court Of the United states before the
Senate shall proceed to trial and jndgmenti senators
the people OF the United States through their representa-
tives in Congress assembled have made provisions for
such unfortunates not able to take Of themselves
the crown OF POwderGreen HILL where they can De
cared for alludng to the National Insane Asylum The
Senate vested with the sole and exclusive power 10 y
| states has no more power to Intervene to
have Judgment of the premises than has the
the United States hesitate not TO say, will hold never
theess clear and manifest this proposition Is II has
TO its close by all the counsel who have participated III
this discussion that the Supreme Court is the in albter
for the decision Of all questions arising under the COns
tuition do not state the proposition TOO broadly sena-
tors my occupations have been cL sueh nature since since
relied more upon my memory OF what counsel sid than
and endless arguments in defense OF the accused; but
venture to say that the proposition not more broadly
stated by than IL has been stated by them submit
the Senate that there many questions arising under
the Constitution which by no possibility can be consider
ed as original questions either the Supreme Court
in any other court of the United states. For
example, my learned and accomplished friend.
represents the great and growing commonwealth OF I
nOis this floor Senator Trumbu is here and is to re-
main here by force Of any decision that the Supreme
Court has made may hereafter make. IL Is not ques.
tion within their jurisdiction. Illinois is one of these
great commonwealths which since the organization o
the Constitution and within the memory OF living man.
have sprung up from the shores of the beautiful Ohio
and the golden sands Of the Pacific s here under the d
rect obligations of the Constitution OF the United states
The people by their Constitution dd provide that M te
Congress shall have power TO admit new states mo ine
Union and when the Congress passed upon the question
ment republican in form and well entitled to assume their
place in the siserhood of the Commonwealth the decision
final and the Judge OF the Supreme Court who dares
TO challenge the great seal OF the state which the senator
represents would be instantly elected from his place
which he would thereby dish0nor and disgrace by the
supreme power Of the people speaking and acting through
the process Of impeachment IL does not belong IN any
OF the word to the judicial power Of the United
states to decide all questions arising under the Constu
ti0n and laws. r-,,.-.
the Supreme Court would come to SIT IN Judgment az as
the power given exclusively 10 each House 10 judge OF
the election and qualifications OF It's own members sen,
ators the judicial power Of the United States is entitled
TO all respect and 10 all consideration here ana else
Senator'S defined and limited by the terms OF the Con
sttuon, and beyond that limitation, or outside OF II,
that tribunal cannot 90. read from the CONSTITUTION
the provision in answer TO the argument Of the gentle
men, touching the judicial power OF the United states
The judicial power Of the United States shall be vested 10
time orn and establish The Judges Of both the supreme aud
eeye stated terms for their services, Compensation which shall not
be diminished he'd during their continuance 9 once , .u,
arising the Constitutions the Of the United states snd eauos
which shab made uud their authority to a. cases affecting
ambassadors other public ministers and eOnsusi 10 all Of admit
!sy 9a maritime jII'dsuOn to en'o'es, 70 "Asn @
tween tao more States. beas,n STATE and e!isa,
The State claiming lands under ils o. aae.en . ana %
cs In ali eases Affecting KmbAior, other prbe Ministers and
Consus and those which STATE ha be party tue Supreme %oI
The Supreme Court shall have appellate jurisdiction both to aN and
shall make The trs al crimes sIsPi Of Impeachment
eY., N ~. beep committed But whsn within
STATE the Trial shall be such place places Congress may by Ia"
sSc Treason ssan,t the United States shall on leyyns
S 30 person .ha be Convicted Of treason 1, on the eSo1y
the overt act confession 10 osn court b
Congress shall power declare the punishment of easu bot
ander Of treason shall work oraron Of blood or forfeiture er
eePt during the life Of the person aiiAinied
As said before inasmuch the Senate of the United
States has the sole power 10 try Impeachment ana there
fore the exclusive power finally TO decide an QUESTIONS
stucted by Judgments In advance, made either ny he
Supreme by any other court of the United States nor
ctTtt he final iudgI
safcs or TO reyisa 6y The Executive PARDON FOR IL is
written in the Constitution that the pardoning power
shall not extend 10 Impeachment ana lmPach-
f1 MRn t6e meaning G Of the term employed in the third
Article Of the Constitution, which have just read IL Is
y nc no sease ets esss seStor Mn @ bo g9gh or
senate and clearly aud openly proclaim and avow that
the Supreme Court has the power 70 Try impeachmenis
accused that may suspend the laws without peril TO
hs official position. and may interpret aud construe the
II he states either after the crime after the Tact tat
his only object in violating the Constitution or IN Ss
pending the law, 10 obtain at some uture day Ju
w ,b ibc and that Therefore the senate Is
not to hold him to answer on impeachment LOT mgh
crime and misdelneanOr, uoes lhNoINe VIZ w,
ositiOn, and man can get away from ~
thar the Court at last suppressng power over TINS
unlimited and unrestricted power OF impcachmeht III
vested by the people In the House OF REPRESENTATIVE
ard over this unrestricted power Of trial OF Impeachment
vested by the people In the Senate OF the hed stales
ON that proposition / am willing to stand defyng any
man here and my learned friend 10 challenge my position
snccessfnlly The position assumed 10y the accused
means that means nothing II IT does not mean mat
is a tale told by an IDIOT full OF sound and fury sgn
fyng nothing" Now, ask yOu Senators, what co0ra-
stfous proposition as that to the consideration OF
the Senate Of the United States think lnysen;
and this presence jushes In reeratng the words OF
John Marshall, that 1t is respectful to conclude that he
Senate knows something The original jurisdiction ol inc
Supreme Court cannot by any POsslD eHtenu 10 'se %
OF impeachment Senators will Tecoect the text OF the
Constitution which have already read tal thG oilghai
jurisdiction of the Supreme Court s ny express ct. VI
the Constitution restricted to foreign emDassadOs Qthcr
public ministers and consus, ana TO cases 10 Wlcnh
bassador accused Is not foreign minister the ac-
cused Is consul and the accused not rs YET thank
God, the state, Therefore the accused Is hot Wl'h @
Ougua jurisdiction Of the Supreme Court OF the United
States. The counsel OF the President VINO d%e & 80 reS
larry and 50 long ON ms question: auolhs from he
great case OF Malbufy versus Mads0n' ought
10 have recOected that the CmefJustlce who
pronounced that decision, ana "hose lntehtet
Shed a steady and luminous light on the Judiciary OF the
has questioned that the original JuIsdctOn Oi the s
pree Court laid down In the text of the Constitution,
can nelther DC enlarged noi lcS.,SSIId hId ~
enactment These gentlemen should nave fesoieoIeu
further when they invoked the intervention OF he SUI
preme Court of any other court between the people
and tins accused President that the appellate jurisdiction
OF the Supreme Court by nnunerable decisions depends
exclusively under the Constitution upon the viii OF Con
settlement OF this great question between the people ana
20 to the Supreme Court by a special enactment
for their own benefit The appellate inrisdic-
Constitution by words clear aud plain and incapable Of
any misunderstanding or lnlscOnstructlOh excludes he
conclusion tHht case OF ~
bty be within the jurisdiction Of any of the courts Of
the United states, either s District OF circuit OF Su,
nreme Court The Senate will notice that on tile terms OF
the Constitution the appellate jurisdiction OF the stfct
and Circuit Courts is limited aud restricted TO me cases
I'm law and in equity and tho ether cases specifically
named In the Constitution, none OF which embrace the
OF Impeaehment There 49, thersiGTe Senators senators
Court OF the United States any question touching
tbe liability OF the President to answer Impeachment by
the peOpes at the bar OF the Senate What
excuse therefore ask for the pretense that the IIes
dent may sci aside and dispense with the execution OF
the laws all or any OF them enacted by the congress
under preteXt Of defending the Constitution by invoking
But know. Senators, that the only TWO questions
,,ich INV nossbiitv could become subject or judicial