Year: 1868




Judges in every state shall be bound thereby anything
in the Constitution OF laws Of any state to the contrary
Constitution itself and pending this trial. without par
ael In the history OF nations IL should be written upon
these walls and considered not simply by the Senator's
but by that portion OF the people who look down from
these galleries upon this grave proceeding.


The Constitution, and the laws passed In pursuance
thereof shall be the supreme law Of the land anything in
the constitution or laws OF any state to the contrary NOT
wlthstandng How these propositions so plain ana
simple that THE wayfarng though fool would not
for hire 70 defend s 9 and this BETRAYAL Of trust
OF an outraged Peope The position IS met Dy STATING
ael III the judicial proceedings that every official may
challenge at his pleasure the supreme Court OF the land
and especially that the President of the United States
charged his OATH charged by the express letter OF the
Constitution that he shall take that the laws shall
be faithfully executed is nevertheless invested with the
power TO interpret the Constitution for himself. and de-
termine iudcally Senators use the word used by the
learned gentleman who opened ne case IOI the accused
and determine judicaly whether the laws declared by
the Cohsutnuon 10 De supreme are OF are not % nun 1a h
Judgment That the defense which is presented here
before the Senate OF the United States upon which they
asked to declare that the Executive is clothed with
powers judicial repeat their own words, ana l
OF senators when they to deliberate upon this
question: that he President may judicialy construe the
for himself" whether the laws which by your Constitu,
ton declared TO be such not, after ALL null and
the pleasure Of His ghness Andrew Johnson, first King
of the people of the United States in imitation of George
the Third, suspend their execution He ought To re-
member when he with such an assumption as that
before the United States that It was SAID by those who
organization Of this Government, that Caesar had his
Bfutus that Charles the First had his Cromwell, and
that he would do well 70 profit by that example
Nevertheless the position is assumed IN the presence OF
the Senate ~ the presence OF the peoPo tns Sh@et @
the President of the United States is invested with the
judicial mower of determining the force and effect of the
Constitutions the force his obligations under it, and
the force and effect OF every law passed by the Congress
clare an act unconstitutional without danger his On
cia position, respectfully submit that the Constitution
which we have been taught revere the sacred char





and not Constitution of ORDER Constitution which
authorizes the violation Of law and of the Constitution
which enjOins obedience TO law; and / further
eSpectu submit yo yo9 e69a'o aSv s1sb .IsI
rule by your solemn Judgment which you viii
pronounce at the close OF these proceedings 1t needs no
prophet Of the living God TO fOresee that you will have
proved yourselves the architects Of your cOunrys ruin;
that you will have transformed this land Of law and ORDER
of light and knowledge into land OF darkness the very
light whereof will be darkness INTO land where night
aud chaos the ancestors Of nature, will hold eternal an
archy amid the noise OF endless wars Gentlemen, they
may glOze them they may, they excuse with
pecOus preteXts and argument they may, the acts OF
this guilty President, the fact nevertheless remains
patent to the observation of all rghmnded men in this
country that the question on which the senate must pass
States and the President is, rhether the IreSi,
dent may at ms pleasure, and nsi,, ~,mS" n% mri PERI
both ne Constellation and me Lars ofhe United states, and
what demagQgues may say OF 1t outside TINS chamber
No matter what retained counsel may say OF IL inside TINS
history has already struck II INTO the adanaht ol tle
past there TO abide forever On that issue Senators you





at this bar will stand or la before the maj tAbunal OF
the future. That the issue it all there Is Of H. In
spite the ecnicalties OF counsel in spite OF the futile
pleas that have been interposed here IN his Defense
that Is the issue IL is the mead ana 'front.' OF
10 himself the exclusive prerogative OF inter
preting the Constitution and Of deciding on the
Tense Of all pecous reasoning it is based this start
hing proposition: That the President cannot be held TO
by the people by their Representatives, on i'm
pcachmet for any violation OF the Constitution or the
f,fl In al
laws of the United States say it again Senators with
reseati1os staes' ana as epresenaty%es yes rs Wen ot
that great people VINO are one people taI lc ir
has heard THIS prolonged dscusson running through
days and weeks, who does not lhs 10 DC o
hearing of Senators, insisted upon no dcIehse
of the President ls Of those uniortunaes TO whom
intelligence and Of that faculty which we call reason
o%G s c 10 PTeden Vested Solely and exclusively
IN the senate. The responsibility, Senators to de
The responsibility can be divided by the
Senate with human being outside this Chamber II is
AM Important 10 the people OF the United states as II IS
AIN pOtant 10 their representatives IN Congress assem-
bcd ard certainly 1t is all important to the senators
sworn to do Justice the premises between inc people
and the President 9I le Eeff Ec in accGronce with The
suir as well as with the letter Of the Constitution
II IS an ~ st sti.T which the CONSTITUTION il


whose attribute il is that justice which dwelt with Him
before the world was, which viii exist with im wheh
worlds are no longer, by which shall be Judged for
The senate having the sole power to try Impeach-
meuts is necessarily vested by every ntendnent OF me
C0nsttuton with the sole aud exclusive power TO decide
every matter Of law and of fact involved III the issue Ana
vet Senators, although that would seem TO dc screw
tbe Senate Of the United States that the Senate at
last has not the sole power to try every Issue @ oi
neSple and the President The exAttorney General well
said, the other day, ana quoted familiar ar % canon tet
probation when lac said IT, that ectt nt o gre 70 erery
ryd IN Urie SGte. Let erect be D'ceh 10 ercTy ~Cd
Of ne wrihen statute Of me Peopes JaaDieh'a 1
Constitution Of me Cned states ana Hefe IS uH e'd ~ M dt
controversy about he crdct poicer Of ne SeHde 70 decide
here questions OF law aud OF iact arising On IN S & ISSUE
Why. hen this lOngconnued discussion on ui1 par Vi
the counsel for the President, resting Oh cah O NY
colleague in his opening ,r, IN oeh%M Wo. Oi 'ne aS
attempt to divert the Senate from the express provision
of the Constitution that they Sa De 'o ne SSe S p rhtc
between the people and the President what meant ms
was not a court but the Senate of the United states
My colleague the ChiefJustlce, simply i0ilOWeu tS
have the sole power to try Impeachment. propose
neither 10 exhaust strength, nor the patience VI te
made between the Senate the Court That is what
results in at last although 1t after great deal OF
after many subjects concerning things both IN the
heavens above and the earth beneath and in the waters
under the earth. Laughter do not propose 10 Initiate
the example OF the learned and accomplished counsel for
the President on the trial OF THIS grave issue which car
United States not only Of this day but OF all the genera
GOHs 1 hedea'ei, IHpe " po f1d,n ~ brroing M
was the counsel for The President IN this august
presence, eaterup OF syllables, mere
snapper-up Of uncOnsdered tres llaughter propose
TO deal In this discussion with principles not fes light
as air care not If the gentleman choose to call the
Senate, sitting in the trial Of impeachment, court The
Constitution calls II Senate IknOw every other In
tellgent man knows, that the Senate Of the United
States sitting the trial OF impeachment. is the highest
judicial tribunal In the land That is cOnceding enough
10 mt 10 all that said the subject OF IL
solemny like the stately argument OF the learned gen
tlenau from Massachusetts (Mr Curtis) OF II
tenderly by the affecting argument of my learned and
accomplished friend from ono Clr; Groesbeckl. and
some OF n most wtty-so wittily that he held his
sides lest he would explode with laughter at his wit


by the learned gentleman from NewYOrk (Mr. Evarsl