Year: 1868

the light OF another great criminal whom you, Mr. Pres
dent, may be called upon TO try time another
Cabinet around him by whose advice he conld defend
himself for most OF the treason he committed d. Let us
take it in another have had gentlemen say TO on
this question would you not allow military commander
10 show that he called a council of his officers
TO show what their advice was, Justify him in
the case Of his refusal to give battle or his giving battle
do so, but make wide distinction would not let
depending upon his breath their official existence and
allow him to show their opinions as his authority for his
acts do not as have stated, propose by means TO
argue TINS case. Iproposed simply when arose to open
the proposition and desire now to put in single
had the honor TO that Jefferson thought it the better
70 give opinions IN writing read on this subject from
Note Section 49, Of the second volume Of Story the
son has informed us that in Mr Washngtons adminstra
tion, in of difficulty consultation was held
sembled or taking their opinions separately, in
conversation CON- or IN writing; that in his own
assembling the Heads Of the Departments IN Cabinet
H Ne SS S Ded s &
the Departments as more strictly within the spirit OF the


t have herein the third volume Gi AGs%s % M
Jefferson, furnished to Gen. Washington the question
to fix the grade Of Embasssdors the right to appoint be-
ing IN the Constitution or whether the Senate had the
Thees example of Of the opinions that President
Washington required OF his Secretary OF state


Office We have it now to be seen and read, whereas,
If it had been for this trial, should have
upon this constitutional question. In conclu
son Gen Butler referred to the Presidents MESSAGE 9
December IL, 1857, containing the following clause III
any OF those gentlemen (meaning his CaDhet mheI H &


had then stated TO that he would avail himself OF ne
provisions of that bill in it became law should
| not have hesitated moment as to his removal ..
| Mr.. EVARTS-The point Of the Presidents statement
was that there concurrence of all the Secretaries
who were appointed by Mr. Lincoln that tney wsre % no.
net Ministers OF his own appointment The question
stated by the honorable Manager is whether the Pres


dent show his opinion and the advice OF his Cabinet


the consttutonality Of law justification of
his refusal obey law That the Malagers PROPOSE
less the general merits of this case as they have
been necessarily anticipated somewhat by by


incidental arguments but do not propose 10 occupy
your time with preliminary discussion OF what must


form very large R and % ia @ part OF II S enough in
reference TO questions OF evidence when II introduced
Of fact and Of law necessary TO the introduction OF
evidence, trustworthy, and TO be used ana applied ac
cordng to the theory law and facts Now the PROPOSE
tOn in this matter behalf Of the Managers may be
stated briefly thus II what done by the President
OfOce act in the writing and delivery OF these two
orders calling Mr. stanton to surrender the oce
aud the other directing Gen Thomas TO take charge or
the surrendered office II these two papers were con


ent to do the tSng done and so % commit tn
crime and 80 that all else is inappllcable withle
view put forward by the MRnagers It will be for you to
determine hereafter whether the violation OF statute
mesnoT Within the meaning Of the Contribution, for
which this remedy Of impeachment may be sought and
ten that In the after OF defense all the
OF intent and delberaton. and inquiry and pursuit OF
a determination as to what Is his oifeial i.,lt
and the law form part Of the issues OF impesch
ment ana defense. Now, the answer undoubtedly does
set forth and claim that have done in the
premises has been done the Presidents Judgment Of
bis duty under the Constitution OF the United
upright and severe effort to get all the aid
and law the subject OF his duty which was accessible
and within his power. One OF the most important and
recognized the most Important, the ana
guides supports and defenses, which the Chief Mags
pie at iargen the Opinions Of the two Houses Of Con


essin the opinion Of judicial consideration when
to Whether he has pursued his duty or attempted
to pursue his duty, is the view that those onoers %
upon them for opinions and under the practice OF tins
Government, convened In council Tor the purpose ol
arriving at opinions have given them IN reference 70 te
matter OF conflict and difficulty This offer OF evidence
touches that part OF the case and to supply tha po


what advice attended the step OF the President as ne
proceeded In the stress in Which he was placed and In
tho very matter in which he was called upon TO proceed
not by voluntary case assumed by himself put IN mat
conduct OF of the departments OF
That the range OF the issue ana tha he apphcaoh
tbentjc testimony within the range OF the Presidents
right duty TO aid and support himself in the perform
is said that this involves matter OF grave con
stitOna difficulty and that TINS snd m GI


trials for il will be equivalent TO the authority claimed
under the British Constitution whSn deEes anSt @





preensiOn that set forth here that the order OF
The Cabinet council TO any act OF the PRESIDENT s
10 shield from his amenaby under the Constitution
70 trial ard judgment for no acts before TINS cohs'tu
tonal tribunal will be time enough 10 insist on the
argument or to attempt answer Is there any rear
such privilege or any such right as VIC & can IT, n Sn
| interfere with the due power OF mis uADu,
| IA other great officers OF the Government
TO it, on questions which the sum and catalogue
Of crimes against the state within the general
of jmpeachabe oienses is impossible that matter OF
OF this kind should into play In cases OF treason


or bribery or offences involving turpitude and SHINING
against the countrys weface no such matter can pro
| neTIv Tcome i'm pay. OF course, In some matters
Of the conduct Of foreign affairs, which might by an i'm


pcaton come within the range treason, II may be sup


nosed that the constitutional advisers OF the President
might by their opinion, support him In the conduct
| which was made the subject OF accusation
| But here 1t will be perceived that the very
| matter in controversy must DO regarded by the
Court in determining whether this species Of evidence IS
applicable and In determining its applicability, need
moi plead before learned Court that the question OF
| Its weight and force is not TO be anticipated


| Mr. CONNESs moved that the Court do now adjourn


Several sENATORs-Ob, No. let US vote on this propo-
| sitiOn. A, i.
| Mr. CONNESS understood TO say that he maze the
| motion at the request OF the Managers; -, -.