Year: 1868

| WI; ho"AN-Mr. fTesident, Youfu Ike 10 say ono


The cHIEp JrsrcE-If there Is no objection the
gentleman can proceed.


! Mr.. L0GAN-I merely wish 10 correct the statement
OF the counsel for the respondent by saying that ne s


mistaken about this letter having been signed after
any OF the impeachment proceedings had been COM
menced, by General Butler or myself. l know well
when signed It, / hope the gentleman win make
Mr.. NELSON win say with great pleasure that


had no design to msrepresent any gentleman con-
Cerned In the order that the matter NAV he
decided, 1 NAV have fallen into an error, but my


understanding was THAT It was after the proceedings
were commenced, but TO obvate all dniculty viii


produce the letter. No matter whether am mistaken


or not VIII bring in fairness to the Senate That
Is ali the gentlemen can ask, l am sure.


| ARGUMENT OF MR.. EvARTs.


Mr.. EvARTs then spoke as f0llows:-


MI. CHIEF JUSTICE AND SENATOR'S am sure that
in the solemn transactions which engage our aiten-
ton to-day unless held TO n by something not incon


at liberty to confine socitude within the horizon


OF politics, even II the interests OF the country and
to the party in power, is sometimes the case and
as PUBIC men very easily persuade Them


ancsure we're % oe e caSs aad eouiyS Hny
lent VINO WIN provide chart or compass
for the wide uncertain sea which lies before us in
| the Immediate future? Who shall determine the
currents which follow from event of this stupen-
dous political controversy; VINO measure the force
and who assume to control the Storm But II we
'eparge the scope Of responsibilities and Of


sion and take in the great subjects that have been
constantly pressing upon our mind, who ls there so
| dent OF his own capacity who so circuni-
| spect In treading among grave responsibilities
anu so assured OF his circumspectiOn who so bold
In his forecast of the future and approved in his
! Judgments as to see clearly the end OF this great
cohtesT Let us be sure, then that no man shall be
here as volunteer, or shall lift his finger to oste
| the struggefs In the contest between the great
forces Oh our government OF which contest We are
witnesses in which we take part and hich we in
our several vocations are to assist in determining OF
G venes the Che s Of % Which so
and the Senators In this court for the trial
Of tins Impeachment and OF its authentic
Derivation OF the Constitution there can be no doubt.
So, too OF the authority of the honorable Managers
and their presence and the attendance Of the House
sr sppea sfe e 4 pss
dent Of the United states is here in submission to
tne same Constitution in obedience to 1t and in obe-
dence 10 the duty which he owes by the obligations
winch ne mas assumed to preserve, protect and defend
! the onnsa..tatloi The right q the President to
clear under the obligations Of member of the
profession and under the duty Of citizen Of free
State, who has sworn fidelity to the constitution and
the laws that he shall attend upon his defence No
man can be familiar with the course of the struggle
OF law and liberty in the world without knowing
that the defence Of the accused becomes the trial Of
the constitution and the protection OF the public
safety. 1t Is neither by careless caprcious dis
them among those who manage political can
dicacees, among those who defend the accused and
among those VINO in the Senate determine the grave


issues of peace and and all the business OF the
State. II is from facts and instances that people
are taught their constitution and the laws, and It is





tions are upheld and improved. Constitutions are
formed, laws established, institutions built up and
the process OF society goes on, until at length by
some opposing, some competing, some contending
forces IN the States an individual is brought to
point OF COLLISION and the Clouds surcharged with
the great forces of public opinion, burst over his
head II is then that he who defends the
onsed IN the language Of Cicero and in
in English and American history is held
to be distinguished public duty AS this duty has
has assigned to each his part in it. SO, through all


its responsibilities TO the end we must surrender our
selves TO It's guidance. The constitutional procedure
Of impeachment, in our history q nation, has
really touched none OF the grave interests that
occasion in which it was moved, being against a
member OF the Senate, II decided nothing Important,
POLITICALLY or 1 Tdlca except hat , member Of this
The next trial, against Judge Pickering, partook
OF no qualities except OF personal delinquency
misfortune, and its result gives nothing to be
proud OF, and gave to the constitutional law pre-
cedent except that an insane man may be convicted
Humphrey there was defence and the matters OF ac-
cusatiov were SO plain and clear that 1t under
to he mere formality. That leaves us no trial OF


interest except those Of Judge Chase and Judge Peck


Neither OF these ever went beyond the gravity Of
| formal and solemn accusation of men holding dign


Ned, valuable, eminent public, judicial trusts and
nothing TO be Illustrated by their trials eXcept that
even when the matter in imputaton and under in


otcs Win sacs ,a ana isconduc, @ n,, IN 0lce
- inc Question heref Why, Mr. Chief Justice and
All y inc political & power OF the United States
II here as an accuser The President OF the United
states Is here as the accused and the Senate the
United States rs here to try him, presided over by the
CHIEF Justice under special constitutional prov-
sion These powers OF our government are here not
1or concord OF action In any OF the duties assigned
the government in the conduct OF the affairs Of the
nation; but they are here in struggle and contest
| as TO which one OF them shall be made to bow BY
virtue OF constitutional authority to the Others
| Crime and violence have put all portions Of our
has oacDd
this House OF kepres natives and tn Senate of The
| iul attendance or members which win make up the
body under the constitution OF the United States
| waien II shall have been fully re-estabished over
the whole country. The crime of violence and Of
stage OF constitutional authority. There is no con-
slitutionaly elected successor OF the President of the


shall call your attention to- not intending to exhibit
here he discussion Of constitutional views and doc
the country Which must follow from Your Judgment.
II you shall acquit the President OF the
United States OF this accusation all things
VIII be as they were before. The House
OF Representatives will retire TO discharge It's usual
duties In legislation, and you will remain TO act with


II In those duties and TO divide with the President
the other associate duties OF executive character
which the constitution has condded to you. The
President If freed from this accusation, viii occupy
through the constitutional term his place Of authori.
ty, and whatever course OF politics may follow the
no shock. But II the President should be con.
6cinned, and II by the authority Of the copstitu-
,on necessary to be excited ON condemnation
he shan he removed from Office. There will lie no
President OF the United States, for that name ana
title is conceded by the constitution to no man who
has not received the suffrages OF the people for the
primary and alternative gift Of that ofice. new
thing VIII occur. The duties Of the Office will attach
to some other officer and be discharged by him
througs the term which belongs to the first offcer
The presiding officer OF the senate will have to add
to the Office conferred upon him by the Senate the
performance or the duties Of President OF the United
states and whatever there may he In the course Of
public anars, 1t Will result from the anomalous
situation which IL involved i'm the deter
mination OF this case and, therefore, you have
directly proposed to you necessary result OF one
determination this novelty In consttution:-A
great nation whose whole form OF government
whose whole scheme and theory Of politics rest
upon the suffraRes Of the people Will be without
President, and the ONCE sequestred will be dis.
charged by member OF the body who sequestred
1t. ! need not direct your attention, long since
IllI IN. doul.