New-York tribune., 1868-04-30

enee Of pubc men possessing great public talents high
nublIo passion and ambition, made up as this body OF
men springiDg many Of them from the ordinary cond
tons OF American life and by the force OF their native
tie5ts and by the high qualities Of endurance and devo
ton IN fine public service who have elevated themselves
into their eminent posons- not the envy, the admra
ton OF ali their countrymenit is gravey proposed TO
Won holding this elevated position. and who s do not
dsdan 10 look upon the Presidency OF the United states
as stili higher nobler and greater office to say that
IL is little thing 10 take President from his public sta
ten and strike him down, branded with high crimes
and Sa onT 40 Of history OP ever sa and In
the great hall Of Venice, where long OF Doges
with their portraits the walls the one erased the
we TO be told that who through his devotion to
the public service has reached the highest emnence IN
the State may be cast down forever into pool,
not Of oblivion but OF infamy, and may
carry with him to his postery to the latest generations
that nfamy and that is rifng matter, and does not
touch life liberty, property IL these are the estimates
of public character of public fame, Of public disgrace
you have indeed written for the youth OF the country
the solemn lesson that he is dust and ashes indeed Why
tia election in the middle OF term, altering the whole
calendar IL may be Of the Government Because there
cdenta b. sure that the enforced and irregular cleo
tion which must follow on your sentence at TINS time con
ours with the quadrennia elections but 1t Is simply
accidental The provision OF that penal law limiting the
scale OF punishment is that the fine shall not ex
exceed five wears, but a fine Of six cents and an
imprisonment day. according 10 the nature OF the
public Justice under indictment for violation Of the
law Nor this unrestricted mercy OF the law utae
from Massachusetts, (Mr Sumnerl, In the course OF he
discussion Of that section Of the b suggested that
would be well at least to haye moderate mnimun OF
punishment and, having suggested thousand dollars OF
five hundred dollars the lowest limit the Senate acted
this wise ntmation, that some time or other there
might TO be trial under this secu0n before court
which had political virus. !.
Mr. Evarts read short extracts from the remarks or
Senators Sumner Eamunds, and Williams and continued:
That being the measure and that the reason OF the aw
there Is clamped upon II necessary and rsu
which bring these vast consequences 10 the state
and 10 the respondent But then you do not know
Won attend TO the fact that such formal ecnicha crimes
as are made the subject OF conviction and sentence are
the system Of every other civilized government made
the subject Of pardon. But under this process OF I'M
highest that can Dc inflicted upon the public fame and
character of man. The punishment IL immltigahlc I'M
ever can tighten relieve the load with which an I'M
peached and convicted public servant goes l0rth from
your chamber with puDishment heavier tlan he can
bear. And now what answer is teIe 70 tis Dut the an
swer that will take the load OF punishment ana nfany
from him. and place IL somewhere else True, II -, thai
if he be unustly convicted for iechmchal ana iornai
faults then the Judgment Of TINS great nation 81
intelligent and independent men stamps upon s Judges
the consequences which they have failed to niict upon
the victim of their power Then IL Is mat the maxim
IL Is that the maxim finds rs realization IN the forum Of
public opinion and in the recorded history Of the com
Try. have introduced this consideration simply TO- show
you that those notions, that IL you can prove tdI - man
has stumbled statute II essential ne must pay
the penalty, finds no support N reason, none i ln
good sense Of this high tribunal, none IN
the habits and views OF the great people whom we Iet
sent. Indeed, should come under the cOndennatlon
OF Cicero II 10 seek. this narrow Wow oi law
such consequences as have pointed out, WE",m jus
sdepe suand hyurid esi The extremity OF lhe law Is
often the extremity OF wlckedness, and now am pre-
pared consider the general traits ana qualities OF c
ufIense charged and shall endeayor 10 pursue IN te
course OF my argument three propositions tiis ht thc
alleged fractOns Of this penal Statute are not IA mem
selves In any quality color hat has been ihseheu
on them by the evidence in this impoachable OF
lenses second. that whatever ee there attendant ap
purtant. IN the neghborhood 81 the subject thuS pre-
sented 10 your consideration wholly political not the
subject of Jurisdiction In this Court or IN any court nut
only In the great forum Of political Judgment 10 nc ue
batcd at the hustiDgs and in The newspapers ny the ora
tors and writers 20 whom We are always 80 nueh IN
debted orcOrrec aud accurate views o te SUBJECTS pre-
sented for such determination. II i can accom-
plish this ] shall have accomplished every,thng;
Third shall ask your attention To tue precise TRAITS hu
facts as disclosed In the evidence and charged IN to art
ces and shah bring you, think. Ia slc and lndrpua
bic conclusion that even the alleged inaet4ns oi ehsI
law have none OF them In fact taken place We must r
least for purpose OF argument the he
only In the oratory the Managers only In your own
minds "a cOnyersant with the Constitution. uptol2Ocnck
February 81 1865 che President was innocent ana uf
and at o'clock on the same day he Was
guilty and iIDpeachabe 0f the string of oefses when MI
M all the articles Leaving ont the Emory article whici
relates conversation la the morning OF the ga OF te
ruary what he did all writing what be ava wis
all public and official, what he did was communicated -
an the authorities the Government aVIg relation u
the subject Therefore you have at once proposed f
our sderaon fault not Of personal delinquency
not of morality, not of turJudc not ore which DIS
parages in the Judgment Of mankind not one Whlch
dcRrades affects the position Oi the maeirtor lth
AS Mr. Manager Williams truly said, new 0hiense uder
the laws an oense not involving turptude aud rather
OF political character Now, too the proofs TINS Oh
fep carries no consequence beyond what its action III
dicates, to wit: change IA the head Ol department
II is not change Of department. IL y not an attempt To
wrr-t department or apply office against the law,
contrary TO the regulations oi thc Hovclhns,ht, @ w
least Whatever imagination may suggest, whatever
lnyeclve may Intimate the fact Il that II had no other
object, aud other plan, and would nave had no Ot er
conseGnence than the substitution for Mr. stanton of
some other citizen Of the United states who. by the
advice and consent Of the senate should ee put IN
the high place Of Secretary OF War. and 20 have,
until that advice and consent were given, the Office filled
by some legal ad interim holder OF H. II then the re-
uoya had been effected. IL the effort 90 cOnsttu
tonal authority by the President had been enectua no
pretense made be made that anything was con-
templated which could be considered placing any
branch OF the Government out Of the authority oi law
opinion in favor OF Mr. Stanton for the post and how
yer well deserved all that may be- Senators cannot re
fuse 10 understand that nothing in his removal
which should be exaggerated INTO a crime against the
safety OF the State But 80 little further tlan thst,
and say however great may have been the credit
with The Houses of Congress aud with tho
people Of his own party which Mr. stanton enjoyed,
tal concurrence OF view in Congress among All the public
men in the service OF the Government aud among the
citizens generally that the situation disclosed TO pnbc
view and public criticism between head OF Dcpart-
ment and the President Of the United states was not
aged as a situation in the conduct OF the Executive OF the
among thouehtfui and consderate people that however
much the politics OF the Secretary OF War might be re-
garded as better than the politics OF the President, II
they would uphold the form ana s rseosze
nnsi,ions H. was fair and Just thing
or the President 10 expect the retirement OF the Secre
tary OF War rather than that his just and necessary
powers should he crippled. 1t follows that the whole
fhIn1 I'm act i'm purpose and IN conduct Is formal con-
trayenton OF statute will not say how criminal that
may be- will not say whether absolute lnnexDie per
snal obedience TO every OF the land may not be eN
acted under penalty Of death from everybody holding
public station That matter for the oM. &
when you consider that this new law really reveases ts
whole action of the Government that In the Language OF
senators and Representatives. who spoke III is Deha,
Won consider that the only person In the United states
whom that law in relation TO the holders OF oces was
iniended 10 affect or could by Its terms affect was the
president OF the United States When you consider ha
nobody was subjected IL, that II was made rule,
in the United States except the President Just rs @
tiuctly as il IL had said In its terms, the PRESIDENT
shaii yemoye from office he shall DO punished by INES
and Imprisonment. and when you know tnat ~ was