The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-25

Black had abandoned him on account OF his belief Ia
his guilt and although the President knew that "a
black cloud would be raised against MIN, he was
prepared to say thai,
Though IN that cloud were thnnders worst
And charged with lightninss let them BURT.
He placed himself upon the principles OF the cnn.
sttuiion, faithful To the rights OF the people
uninndful Of self and regardless of coDseauences'
and he was determined not To be driven to an act
which he believed 20 be wrong; determined not 70
the whole power OF the United States against
little, feeble Power that had no capacity TO resist
He was determined not to be used AS an instrument
in the hands OF anybody or any set Of men under
heaven 10 carry on speculation which ne believed
might be carried on with dishoRor to the govern.
nlent or disgrace To himself il he Consented IN he
concerned in II. ask you, then, to weigh his con
duct TO allow an impartial Judgment and look this
statement OF facts in the face ana pronounce upon
When you come 10 hook over the whole OF the Pres.
dents conduct ! think you viii lind that like
Managers yesterday, they will vanish away and
IKE the paseiess fabric Of q vision, leave
%9t tIs wreck ,rs behind" trust that the conclusion
now passing through the fiery furnace, and although
he is now for every act being called to give an az
count he fears not the investigation, he challenges
the utmost scrutiny that be made into his con-
duct while, as have said, he hurls defiance at
the Senate and does not desire his counsel TO say
word that shall be offensive to this body Yet he
dehes his enemies, as he always has done, and
S Appeals 20 Ms own h motives S Of purity and
every other. Instead OF being matter for ac-
cusaon against the President OF the United States
view which think every high minded man will en-
terrain, his conduct win elevate him head aud
shoulders taller in the estimation OF every high
minded man, and 1t win be regarded az one Of the
most worthy acts OF his life, that he could NOT he
reerred to as thoWa he i pesdent had ons
something wrong. What wrong did he dor How
did any failure result from Judge Blacks refusal to
act as counsels Did the President discard Judge
Black and tell him he did not want him to appear
any more IN his cases No, sir; 1t was upon his own
voluntary motion that he withdrew from the case.
II the President has done him injury he knows 1t,
but his counsel know It not, and leave IL for the
judgment of the world to determine how much Of
strongly made against him. Senators, allow me to
call your attention to another paragraph IN the
you (Mr. BOUTWELL,. 1t Is not my purpose or in
tention TO endeavor to answer at length that able
able Manager has made. l must leave the notice Of
that to those who to follow the side of the
reads in these words -" Having INDUCED his
Cabinet in such freedom of opinion when he
y % e mem hin an@ 70 tae
and them with public Odum by its announce
ment now vaunts their opinions, extorted by power
and given in snbserviency that the law itself may be
violated with impunity." This says the President
the exercise Of my constitutional right the opinion
OF my Cabinet. /, says the President am respOn-
sble for my Cabinet. Yes the President is respOn-
sble for the opinions and conduct OF men who give
such advice as is demanded and give it In fear and
trembling lest they be at once deprived Of their
places This is the Presidents idea Of Cabinet but
1t is an idea not in harmony with the theory Of the
of the members OF the Cabinet being seris-it was
the advice OF sers to their lord Of servants their
minded the Managers that they had put in evidence
message which showed that their friend Stanton
mao mao m @ se auc r mus S e anu
friends ~ if they made him out the servile serf.
Abiding briefly TO- the high commentator of
and to the srangeness Of the fact that the President
is only impeached for offences against the deunct
Thirty NINTH Congress. lie then c0ntnued-lsit not
passing strange that another Congress should take up
offences against that Congress and make them matter
Of grave accusation against the President The charges
presented against him by the House OF Representa-
tves Is that he has been guilty Of an intent TO sub
vert the government OF the United States, &C, &c.
(seadng the first article of impeachment) The fact
is If my memory serves me right and / have not
been msinformed, the fact is the House Of RepTesen
tatives, when they considered these articles referred
[The Chief Justice was here compelled to cali the
Senate to order, as it was impossible to hear the
speaker on account OF conversation IN the hail and
galleries
Mr. NELSON resuming-The House of Representa-
tvcs refused to entertain these articles Of impeac-
ment against the President by solemn vote, and IL
there were any law in this tribunalas the gentlemen
say there not unless IL be that law OF Parliament
which they rely upon and which amounts in fact to
no law at all--if there were any law here, any
application by analogy Of the principles Of the law,
l wonld avail myself Of the doctrine Of estoppei
which was so earnedIy expounded by Of the
learned Managers, and would insist that the House
OF Representatives, with all due Difference and re-
spect after having voted down this charge that the
of the United States were estopped from making any
accusation OF that Kind against the PresidenE oI tue
wont s, aesce now ta Su' s Nope senate say
the United States, sitting here as u judicial
tribunal. can look to the circumstances under which
these charges were preferred without any dsrespect
whatever to the House OF Representatives, ana when
you go to the circumstances under which these |
charges OF impeachment were preferred you have at
least evidence that they done without any great
amount OF deliberation in the House, and possibly !
assemblies as we'll as private individuals are liable to
experience, and which this assembly of grave and !
reverend signOrs who are empaneled here under the
constitution may look upon and must regard in con-
sidering the hearing OF the facts in the case, when
articles OF impeachment were presented against
Warren Hastings in England. They were the |
subject OF long and anxious debate in the |
Parliament before they were presented and |
senators maintain that 1t is your province |
and your duty to look this and not give the
same importance to accusations made under these |
circumstances that you would To those made under |
careful deliberations especially when the |
House of Representatives had short time before ac-
quilted the President from large number OF the !
report presented by the committee. Under these cir
cuinsances It will be disparageneDt the House
that these charges were hastily drawn up and IT, |
upon a sober view Of the facts you should believe |
that these charges come TO you IN At least question
they were adopted were concerned, IL viii be re-.
lection upon the House, should you decide, |
than It would were private individual only con- |
ccrned. A. the House of Representatives IL |
composed Of men OF flesh and blood like ourselves,
trust they will consider IL no disparagement 10 say |
that they were acting under the impulse Of feeling
and did that which, upon sober second thought, |
they would not do over again. We all know human
nature well enough al least In our own persons and
character, TO know that when we are In passion, In
hate or In excitement we are apt to do things which,
upon reelection, have reason 10 regret, and these
actions while they ore, In great measure excisa-
BILE ON account OF the haste and passion in which 1
they are committed, yet they are actions which do
not command the same power and influence ia
society that they would do they were
the result OF grave and careful delieratiou
Now, senator's, will have To call your attention 10
these different articles OF impeachment, though II IL
rather disagreeable thing TO tread this mill horse,
round, and take them up one by one, and make
brief comments on them, as IS my purpose to do.
Though | know the subject IL becoming stale and
dreary, not only TO the Senate but To those who |
gather around " hear this investigation. vet can.
not, la accordance with my sense OF duty in this
case take my seat until offer some considerations
to the Senate each one OF the articles OF npeacl-
Inent: although It must become some extern n