New-York tribune., 1868-05-06

Senate IS to come to the conclusion that it is crime in
the President of the United States deliberately and pnr
pOsely and deanty 10 violate the express letter or the
Constitution Of the United States. and the express pro
hbon Of the law Of Congress Ihaye said that the act
was criminal because done deliberately purpOscy
and deany. What answer has been made TO this, Sen,
aOrs The allegation that the violations OF law charged
in these Articles not with criminal inteIt ana te
learned counsel stood here from hour to hour ana o
proved Ideny it, deny that there s any authority
which Justies any such assertion The law declares anu
has declared for centuries that any act done deDerae
violation OF law-that IS to say any unaWIu aet uo
by any person OF sound mind and ndeTsianu&hg Ing h the
responsible for his acts-necessary implies tnaI 'i
party doing it intended the necessary OIL
ms own act make mo abGoSs i ~ Articles: II ia
surpusage and is not needful but make no apology
for it, 1t is found in Indictment Mho ever & eadu
Of Court where the rules arc applied with more sIet @
ness than they can be expected to be applied III the sen
of the United States Who ever hearu OI Court ue
that he should offer testimony OF the criminal intent
especially averred in the indctment when ne had proved
fu Ii is rule TO be challenged here or elsewhere,
Office out OF office, who does an unlawful act made
criminal by the very terms OF the statutes OF the country
vi Which G"i'I he nc is Subject intends ali that is
involved in the doing OF the act,
proofs required Why, TO require il would simply de,
feat the ends Of justice Who is able TO penetrate the
in the brain and heart Of aud there witness that
which it meditates aud which IL purposes Few intel,
mems purposes by their acts and necessarily that they
intend exactly that which they do and Il is Ior thG & not
show that they did under temporary derlum
Si & 'e me- Ge 6 wcre denVed Of tbe power Of know
ing their duty, and OF doing their duty unucr te laW
Senators. memorable occasion not unlike that wucn
to-day attracts the attention the Senate and attracts
the attention Of the people OF the united States ihd
tracts the attention of the people OF the civilized world,
tbe same 0uson was raised before the tribunal of the
people, whether intent 10 be estabsed ana one Oh
those men ION that occasion when Stafford knct before
the assembled majesty of Engnd place. and
answered that question I'm words so clear ana srOng at
they ought satisfy the Judgment and satisfy the con-
Of Senator. read the words OF Iym, Oh
the trial Of suafTord, to the lntent:
spoken out Of Intention ny ny Lords Id & gSS a. aP e A.
tDghed Matters ght With danger may be accompanied WITH such
circumstance as may maze ined % ps % S Rat sbn
matters are % IN their own ta'qTe such As TIE ae' are are hes @
laws 1Dd ,bey can 3yf S Justified % any ''huoH
Is there no endeavOr here 20 break public faithf Is
there endeayOr here 10 subyert laws and goVefehtf
leave Senators 10 answer this question upon thelr own
conseenees and upon tnSit oath upon tis s1eeo u m
tent might illustrate the utter futity OF tne position
memorable instance in history where certain fanatles IN
the reign OF Frederic the Second pnt little children to
the Master had written OF saeh is the Kingdom OF
Heaven II does not see = hai mere Was any inoshOd @
sunny hearts but that they could send them AT once
10 Heaven was Of no avail in the Courts
OF Justice read also Of a Swedish Minister who found
within the Kingdom certain subjects who we're the Dene-
oi upon MCe 81 WiSters
whom he put brutay and cruelty 10 death with the good
intent of thereby increasing the charity IN thee Interest OF
never read Senators that any such plea that avacd
i'm the courts of justice against the charge Of murder with
malice aforethGught IL is pucrie concet unfit 10 be
uttered in the hearing of Senator'S and condemned by
every letter and ue and word OF the common law the
growth centuries the gathered wisdom of thousand
years. It's suggested by one of my colleagues ana "
not unit that should notice IN passing that DOUBT
less Booth, on the lIth day OF April, when be
sent the pure spirit OF your mar'yled Piesdeht EN-,
back to the God who gave st. decarcd-dcelared n the
proper word because the here rests upon decal
uonsdeeared that he DAD That set in tho sSrsies Of LIS
In the service OF common humanity IL the avenging
hand Of justice had not cut him on npon the spot where
he Stood instantly az thOueh oTeTtak.h oy te. aTes
Judgment Of offended humanity suppose tbat we would
have had this sort Of argument iner0sed IN his behalf
that MS ihenOhs were goCd ana thereI0Ie Wy Noa,eu
law itself ought TO justify the act aud allow him 10 de
ored man / really feel Senators, that ought ask
your pardon for having dwet at all upon this PROPOSE
pressed upon the consideration Of the senate and with
all respect the learned and accomplished gentle
myself to say here that think unworthy Of them
and unworthy Of the place Again ASK YOU Senator's
the laws during the session Of the Senate to create va
tuton and MI them without the authority OF an express
law without the advice aud consetof the senate Ifhe
has not he has violated the Constitutions he has violated
as shall show you hereafter the express Law oi the
land, and is therefore criminal -erlmnaI lh his con
duct and in his Neutrality-suspicious. TINS tribunal
where he stands by the order OF the people
First then is this violation BY the act of removal nn APP
pontmentl And here, Senators, although snaIi nave
occasion notice It specifically hereafter ask 70
be pardoned for referring at hs tne TO ie iaGt at ~
cannot have escaped your nOllce thae te iYaIhea una
astute counsel for the President took care all the ne
the
together the Of removal and the appoint
during the sessIons of the Senate Every word IN
counsel for the President bears witness TO the truth or
what assert that the appointing power is, by the
the Senate put beyond the power Of the President save
and except when IL is expressly authorized by the law
sion, at least, to the Senate for it Is confession
OF guilt the part of theF client When no answer can
be made they act upon the ancient, time honOred ana
accepted MAXIM that silence Is golden" Aud 80 on
fltaro vvag an
violation OF the express law; In direct violation OF the
express letter OF e @ on ~ NV anx coa"dng
i in Ssin Senator'S tIat they undertake 10 meet that
point in this case by any reference TO the speech OF my
learned and accomplished friend who represents the state
his lips the speech which they have quoted touching
this power OF appointment during me session OF !he
Office act Nor dd any such word escape from
the lips Of any Senator am not surprised III credit
10 the intellectual ability Of the learned and accomplished
counsel who appear for the President that they kept that
question ont OF Light in their elaborate ana exhaustive
n tbe Co1stItution on this snbiect:
he shah have power y aud win ADVICE OF the senate
and be chan nominate by advice ord consent of the
of ,h saSe%e Count and ali ocers Of The Uad States whose
sppohui are provided for and vie s be established BY Lw;
officers Ley thiqt proper = re s' 1'se s ~ .O'' o' Ia"
Can any one doubt that this provision clearly restricts
the power Of the President IN the appointments OF heads
Of departments, in this that IT expressly REQUIRES ihat
sttufon ennmeratng ambassadors and Others shall be
by and with the advice aud consent Of the Senate. IL
Is useless 20 waste words on the proposition 1t Is
40 piain aud clear; Il must be- unless the
appointments Of heads ofDebartments arc 2lyY;e pro
vided for in the Constitution; and resptetiVely ask
Senators wherein they otherwise proyided Tor the
heads Of Departments named by tat nue. ana y Is
provided by the very OF the Constitution that
Congress may by law vest in the heads Oi departments
the power 70 appoint without tho consent OF anybody
but The authority OF the law Of Congress, aii Inferior
oeers Can anybody in the light Of that provision stand
before this Senate and argue that the heads OF Depart
tuents are inferior officers then their appointment Is