Year: 1868

Congress finds necessary TO vndcate the honor OF its
defunct predecessor by doing that which It's predecessor


1t passes comprehension tha. such an article thus
tenth article should be gravey presented in the
name OF the American people for words spoken 10
them by one OF their servants the President against
another OF their servants the Congress of the United
states IL there is any one precious right which our peo
pie value as Jewel beyond price IL Is the right OF free
speech with the corresponding right OF free press
Muz2e the one or gag the other and we are back again
10 the times when there was no such body IN the state


This tenth article carries us back 800 years 20 the days
when the privilege OF Parliament meant the privilege OF
@ tne House OF Lords, and no common man dare speak
acter OF what were called the great men OF the realm who
s sSt There R a common man Y sd v OF & mat fSaa fS
against the word OF God and the maintenance OF super
ston straightway the privilege OF Parliament seized
gavenny, He sent for me and put me in little ease"
That poor man seized at once and punished for dar
ing 10 speak thus Of OF the magnaes OF the land


Upon the formation Of the Constitution Of the United
States our fathers not unmndfu Of what had nap
pened IN the past They had brought with them the ira
dtiOns OF suffering and persecution for opinions sake
and they determined TO lay here for themselves the io
changed When Constitution formed and was
presented to the various States for adoption the
tained for what omitted 1t SAID we nd here
no Dill OF rights we ind heTeho guarantee % I fbs
Constitution itself was. from DegihlIinlgS ~ S -!


bill OF rights that 1t co upon tIe and
these to be found any grant OF any power 0re


the bn s pd ResS4 Ga e
was that at the first Congress held under the Con
stuton according to instructions sent from the various
state Conventions ten amendments introduced and
adopted and first in order among them Is TINS amend
ment: 49,, . 81. ,,,h,.,
o. s@@ ~ or 90 hs e or s gbt Of the people peacea


assemble and petition the Government for redress geySaes


There in article, associated with religious 1rce


DOM with freedom Of the press with the great right
OF popular assemblage and of pettion-there we 1nd
speech Mark now, Senators, the prescient wisdom OF
the people Within ten years after the adoption OF he
of one party All OF its departments executive leglsa
tive and judicial concentrated IN what was thea
begun to show Itself headed by formidable leadea
party then called the Republican since know known IA as tine tne
speech and free press Al the patronage % was upon t1e
other side But they made the inc most 0 efe psTx lost
discretion confident In It's party strength mat 1feu
folly and madness by the fierce attacks upon lts Exec
utive its Judiciary and Houses OF Congress in an evil
hour IL passed act July H. 1898, entitled an ACT tor
the punishment Of certain crimes against the Uhted
States" The second section of this act provides


THAT person shall write print utter publish any
men! The United States Congress the United
the President the United States with intent to de1 the
dent or to bring then, contempt rePue to
SeSpe Ses Sf1" s tne t9fS q s '' OF any such person. a


punished By eIesng 5000 ana by imprisonment not exceed
iBg two years"


No has ever passed by the Congress Of the Uni
ted States so odious to the people as TINS Mr. hamGn o
TO defend before the people But the authors oi the law
and the law itself went down together before ts popular
and powerful party in order preserve itself in power
became the fatal means OF driving that parry out Oh po"


The eleventh article Is the only one that remains 10 be
considered confess my inability TO make anything out
Of this article There is in the first place reference TO
the speech OF the 18th OF August 1866 and IL then charges
Gle in reference TO that speech adding allegation.
sustained by proof OF the speech itself or by any Otef
proof In the case that by that speech the President de-
MED the power of the XXXIXth Congress to propose
amendments the Constitution OF the United states
Then follow indefinite allegations OF contrvine
or
feat the execution of the Tenureof Civil Office act, the
Military APPROXIMATION act and the reconstruction T act
things were attempted to be contryed do
of of' the senate Sy any further consideration
Of this anomalous article So far as it has any reference
whatever to the freedom OF Speech what have SAID IN
answer TO the tenth article seems to be sufficient as to
anything this article contains beyond reference to that
Senators after this review Of the articles OF mpeach


ent prepared to form some idea Of the nature OF
this impeachment itself Where, now Is the mischief
Where now, the injury 10 any individual or to any
officer of the Government brought together by the action
of the Presidents whether actuated by GOOD motives or
bad injury has followed; public interest has suf
fered; officer has been changed, either rghtfuy or
wrongfuy; not an item OF pubic properly OF Oh pubic


money has passed out OF the custody law or has been
appropriated to improper uses


To all THIS Is SAID that IL Is enough thaI the Jaw mas
been violated; that powers have been assumed by the
President not conferred upon him by the OF
rnsry 1858 that il part OF the Managers
that the President usurped power not granted by the
CONSTITUTIONS IL that proposition could be established
the Managers would still lie great way on from con





must be made out beside the actual violation
by the President OF the constitutional provSOn nst OF
all the criminal intent to violate; and secondly the exist
OF act OF Congress providing that such violation
with criminal intent should amount TO high crime ana
misdemeanor But hasten to meet the Managers upon
the main proposition, ana MAINTAIN WIN cOhnuenSe m ne
that the order issued the 2st February 1865 for the
dent in the exercise of undoubted power vested
in him by the Constitution OF the United States.
time OF Washington down TO the present comes 70 us
with greater sanction, or higher authority or stronger
is claimed usurpatOn of power not granted by the
Constitution, then Washington was a usurper In every
month of his administration and after hm every Pres
dent that occupied that high office from his day 10
that of the present incumbent for every one OF them
this executive power Of removal from office.
SO far this question stands upon authority may be
tied than any that has at any time agted the coun-
try settled first in 1889 by the very who framed the
Of some forty years brought again and again into qucs
ton high party times in 1896 In 1880 and in 1885 But
legislature but left 1t until the Cd Of March,
1867, when after the lapse OF almost 80 years,
aeS SSGS T%tg proposes to reverse the whole past,
Look at the character of the Executive Department.
tive authority In the President. Wherever yOn find
ecuve power be exercised he is the source and foun
of itself but addition to this he alone, and not Con
gress required to that the laws faithfully exc
cuted and he alone is required 10 take oath 10 pre-
serve protect and defend the Constitution Of the United
states But how is he to execute the aws Certainly not
by his hands He cannot act as Marshal or District
Attorney, head Of Department He must see that
the laws executed by the proper agent and see to u
that they are faithfully executed. IL Is not bar
rem, abstract duty imposed upon him, but living
obligation with the sanction OF oath, not TO be omit
thed under any circumstances. Wherever there Ia an
unfaithfu Ormproper officer the President OF the United
has only the power but 1t is his duty TO remove
him. The tIutl is, IL would DE impossible 10
carry this Government under other idea than that


This idea OF participation OF the Senate in all the con
questions OF removal requiring instant
action for the safety OF the public would ny0ve admin
istraton In inextricable confusion and difficulty. II
would turn the Senate into the corrupt OF political
bodies 1t would fill the Senate Chamber with Chques
aud favOritism IL would lead TO constant cabals One
thoussndth part OF the requiring actual invesga
tiOn could be reached and those that could he
reached would the entire time Of the Senate
the exclusion of all other public business And again. IL
would give time 10 unfaful officers to defy the EXecu