Year: 1867

freely without obstruction from this department. he
could with Congress and execute the acs Now
under our system there is has been ntimatej from
the bench OF this court upon former OCCASION danger
one department may Of itself alone and by s
s..cuss usSrP IT, a thu! defeating S. 1Sos
scheme OF this division Of power With the calamity
occurring Of Prssdent being found ready 70 acquescs
act and threaten the President with the impeachment Of


one Of their bodies and the condemnation OF another II
ten in that once would Immediately yield to their
power, particularly - u s not his special func-
tion 70 decide what - or what Is mot
Of one single department. that a. It may be called
small minority Of one Of three the constitution may
there be some mode Of invoking the aid Of the third de-


the only worthy Of notice in which there has been
that prsdicamsnt Of t6ings-a Congress alone, alone,
sreuss III. sssIr ssss.n. IL


with impeachment upon ten States Of this Union. and
cru.hing ou: their existence without may y tho aid
nnd there declared that allows such course Of pro-
cesdings that third department can step In ard can
his own Judgment and 70 his will, made the In.
strument OF this single usurpins, domineering and
% ~hes susa !, m.Ss and ss
anticipated V precisely the case where the power Of


great majority was called upon 70 crush some minor
condition. Those States being forbidden by const
tuition have any other friends or allies arc allow cd
come into the Supreme Court Of the United Staes and
before the life 10 crushed out OF them through
the instrumentaty Of the equity process which the
court entitled to by ts nature and foundation, and BY
the law OF the parent country which have inherited
protect themselves this extent Give the President


perfect immunity, perfect defense in case he chooses
TO act virtually according TO the belief OF his mind and
Judgment according to his conscientious views OF the
right OF the case affording him complete protection
against any action Of this Congressional body against
him through its Of impeachment unless they should
adopt monstrou6 and revolutionary that AZ
matter OF course they would in some manner be de-
prived Of the powers which they would claim for pur
pose unjust Now, If your Honors please 1t ts from
these Of the subject that contend that the State
OF Georgia properly comes here for this remedy by
which to perpetuate her own existence as .
State-that II she is entitled to this process
BY law your Honors have function TO per-
the Executive contends with II, II the fear OF
demnaion in tho court for the trial OF the mpeachments
should be strong and great, which cannot sup
pose in the Of this eminent citizen that he would
dare stand upon the vndication which your udg
ment affords him, very WE'LL So be II. Your h0nors
will have done your duty; you will have done
all that in the power OF the court; you will have
do in such or in any You will have pro-
nounced what the law is leaving the Executive to obey
1t or not he sees ft You have no power to coerco
him, and II he should not yield obedience to
the judgment which you pronounced, then the
scheme OF this division of PAYERS would have
been dsappo nted. There wo00 be the willing
opposition OF two Departments defeating the negative
perished by the hands that ELECTED 10 support it.


The further argument Of the question Mr. Walker be-
ing the next speaker was postponed until the next
regular motion day, Friday next.