The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-04-22

ate that he had removed from the Departs
ment Of War L. NJ. Stanton, then Secreta,
~ of War; Bp previous action of the SEN
ate, Senate refused TO concur in his suspen-
sion.
| read for the information Of the Senate
the testimony To which this fact Of notice OF
action had by the Senate, and conduct OF
the President wherein he stands accused. -
Mr.: Wm II. Mcdonald, Chief Clerk Of
Senate, testifeS on page A, an attested
copy Of the foregoing resolution was deliv-
sred by me into the hands Of the President
Of the United States, at his Office in the tx
ecu;ive mansion, about 10 clock p. NJ. on
the 2lst of February, and on the 24th Of
February, three days afterwards the Presi
dent volunteeres written declaration,
which his counsel now propose to make evi
dence in his behalf before the t>ibunal Of
justice. or course it is evidence for No
purpose whatever, except for pu pose ex~
culpating him of criminal accusations pre-
ferred against him. Senators will bear
with me while make one further remark
The proposition is to introduce this whole
message, not simply the argument which
he chooses to present in the form Of writ
ten declaration, in ,indication of his crimi~
nal conduct; but declarations of Third per
sons. The Senate is asked to accept this
TOO as evidence on trial of the accused -
ri. declaration Of the third person, whom
he calls bis Constitutional advisers, he states
their opinions without giving their lan>
guage He gives the conclusions, and those
conclusions ure to be thrown before the
Senate as part Of evidence | beg leave to
say here, in prnsence Of the Senate, that
there is no colorado excuse tor the Presl-
dent, or for his counsel, coming before the
Senate to say that he has any right to at
tempt to shelter himself from violation
of the laws of his country under opinions of
| any member OF his Cabinet. The ConStitu
| ton never vested his Cabinet counselors
with any such authority.
1t never vested the President with au-
| thority to suspend the laws or violate them,
or make appointments IN direct contraven
| tion of the Constitution, and IN defiance OF
| the legal action Of the Senate, actlug in ex>
press obedience 10 law, Is no colorado ex'
cuse for these proceedings. say it with
respect for the learned council, and cha
| leugc now the production OF authority that
| in any respectable court, any mar, high or
| low, officially or unuiGciaily, was ever allow
| ed to introduce his own declarations, writ"
ten or unwritten, in his defense. That is
the point | take here. | beg pardon for
| having detained them so iong in the state
ment of proposition SO simple, and the
law Of which is so clearly settled, running
trough centuries. | submit the question
| to the Senate.
Evarls: Mr. Chief Justics and Senators,
the only apology which he learned mana
ger has made for course of his remarks i;
an apology for consumption of your tine;
vet he has hesitated to say, again to repeat
that therr is no color Of justification for at
tempt of the President OF the United State:
counsel make to defend him. We DO no
Bingham: viii the gentleman allow me
I Evarts: i'rocecoed with his remarks.
Mir. bingham: The gelIlvn an misrep
reSents me.
Evarts: do not misrepressnt the Hon
orabe managers.
Bingham: | did not say there was n,
color Of excuse for the President to defcnC
himself, OF for his counsel to defend him
self, or for his counsel to offend him; hu
there was no color Of excuse Tor offering hi
testimony.
EvartS: Ii all comes to one single thing
Every thing that is admitted on our yiey
or line Of subject OF controversy, except
conform to preliminary views, which lsarn
ed managers choose to throw down, is re
garded as wholly outside uf the caiQr OF Ia,
: and OF right on he para ol the prcSidCn
and his counsel. and il is so repeated
charged. Now il the crime Was completa
on the 2lst, which is not only whole hasi
of this argument oi learned manager, bu
: of every other algllmant Of the cyldenc
which had the honor or heating from hin
, | should like to know what application All
. and relevancy the resolution had which wa
i passed by the Senate On the 2lst OF Febrl
arv, after the act OF the President had bee
:. completed; and after act had been commt
Il nicated to Senate. There can be no sing
e principle of law or OF evidence on whic
that view can be proved on behalf OF MAJ
:, gers and on which the reply of PresidcI
can be excluded What will be the though
: IN criminal prosecution Of the prosecute
giving in evidence what Magistrate
Sheriff had said to accused concerning II
It deed, and then shut the mouth OF t. a
i eused to what he had said, then and thor
d in reply The ONLY possible argument t
: which what was said to him could be give
/ in evidence, is that unrepliod to. 1t mgl
:; be construed as an admission if the Sheri
q ! were to say to prisoner: yen stole my Watci
n and If that could he given in evidence, an
e prisoners reply: twas my watch, AMI
e took it because it was mine, could NOT
1t given. That would be precisely some pr
= position which is being applied here
I learned manager to this action had betwet
IS the President and Senate.
; Butler. If the thief did not make r
b ply until four days afterwards, and tht
> sent IN written statement as to bis watt
II being stolen, also what his neighbor sal
! that would be a more appropriate llustr
y ton | take the illustration as a good on
q as an an excellent one. The Sheriff say
/ where did you get tina, wach2 -Four da
y after the prisoner sends to Sheriff after
;, had been in jail, after an Indictment hi
Il been found against him, q written answe
It and claims in their defanse that the answ
may be read; not only that, but goes TO p
n in what everybody else said and claims III
T that may BE- aiycn as evidence. If it
:, desirous to know what the Cabinet said,
e the members OF the Cabinet be broug
II there. tnl let us cross examine them III
e find out what they meant when they ga
y his advice, and how they came TO give i
II and under what pressure, but at present Y
IS do not want tie President to put III the a
u vice OF the Cabinet.
n Evarts. Mr. Chief Justice and Senator
y every ease is 20 be regarded according to
0 circumstances, aud you will iudse wheth
e communication from the Senate to Il
d President on the 22nd of February cou
=, well have been answered sooner than Il
d oath Of Febrnary.
e Butler. 1t was communicated on Il
e 2lst of February:
d Evarts. | understand you to say "
. could not state whether it was on the q
!. orO Oli,1