Year: 1868

efty, or equality, Senators, that makes your
Constitution dear to freemen in this and in
all lands, in that it secures to every man his
rights, and to the people at large the inesti-
mahle right Of lf-goyernineht. That Is the
right which is this day challenged by this
usurping President for if he be law unto
himself, the people are no longer their own
lawmakers through the Representatives in
Congress assembled He simply becomes
their dictator If so, lie becomes so by the
Judgment OF the Senate, not by the Constr
tuition. not by any Interpretation heretofore
put upon it, not by any act of the people
or by any act of the peoples representatives
hey have discharged their duty they have
presented him at the bar of tt 2 Senate for
trial, in that he has usurped and attempted
to combine in himself the legislative and
Executive powers of this great people. there
by claiming for himself power by which be
might annihilate their government We
have seen that when the supremacy of the
Constitution was challenged by battle the
people mnde such sacrifice to maintain it as
has no parallel In human history. Senators,
can it lie that after this triumph of law over
anarchy, of right over wrong, of patriotism
over treason, the Constitution and the laws
are again to he assailed in the capital of the
nation, by the Chiel-Magistrate, and that he
is to be, 10y the Judgment of the Senate pro-
tected in that usurpation say Gvn"tUIo,
chat you are deliberately asked by the Presi
dent in his answer and by the lips of his
counsel to set the accused, through your
Judgment. above the Constitution which he
has violated, and To set him above the peo-
pie whom he has betrayed. and that, too on
the pretcxt that the President has the right
iudiciallv to construe the Constitution Tor
himself and To decide for himself the validi
tv of YOUR laws and To plead a judicial JUS
tiication at your bar that his only purpose
in violating the Constition and laws was TO
test the validity of the law and TO ascertain
the construction of the Constitution on his
own motion in the courts of justice, and
thereby TO suspend these proceedings


| ask YOU, Senators, how long men would
deliberate on the question whether private
citizen. arraigned at the bar of one OF your
tribunals for a criminal violation of the law,
should he permitted to lnterpose as his plea
in justification of hls criminal act, that his
only purpose was to interpret the Constltu-
ton and law for himself: that he violated
the law in the exercise of his prerogativc to
test its validity hereafter, at such time as
might suit his own convenience. in the courts
of iustice Surely Senators, it is as competent
for the private citizen to interpose such JUS
tifcation in answer to a criminal charge IN
anv of Your tribunals of justice. as 1t would he
for the President of the United States 10 IN
terpose it. and for the simple reason that the
Constitution is no reSpecter of persons. and
vests neither in the President nor in the pri-
vate citizen judicial powers. Pardon me,
Senators for saying it speak il in no Of
fensive spirit | speak it from a sense OF
duty | utter it on my own conviction. and
desire TO place it on record, that for the Sen
ate to sustain any such plea, would, in my
iudrment. be a gross violation of the already
violated Constitution and laws of free peo-
pie Can it be. Senators, that by your de-
cree YOU are at last to make this discrimina-
ton between the ruler of the people and the
private citizen and allow the President Il
interpose his private right of Interpretation
ludcially of your Constitution and laws
nut away, Senators, the possibility that tie
senate OF the United States, equal in dignity
to any tribunal in the world, is capable OF
recording any such decision. even upon the
petition and PRAYER of this accused and guilty
President Can il be that by reason Of hle
ere 1 Office the President Is to be protected
in these high crimes and misdemeanOrs, vIo-
Iative alike of his oath. of the Constitution
and the express letter Of your written law


senators. have sand perhaps more than
ought t. say. have said perhaps more thar
! there was occasion u say. | know that
stand in the presence OF men illustrious IL
our country = history. L Know that stan,
IN tie presence of men who for long year,
had been in the nation councils | know
that | stand in the presence Of men who il
D. some sense may bc called to-day the livin.
fathers of the Republic, and ask you >eLa


tors. to consider that | speak before You thi


day in behalf of the violated law OF a free


people who commissioned me. | ask You t,
rememb that | speik this day under th'
obligations of my oath. | ask You to consid
er. Senators, that am not insensible to tn,
significance of these words of which mention


was made hv the learned gentleman from


New York (Mr Evarts,) Justice, duty, law
and oath. ask YOU To consider, Senators


that we stand this day pleading Tor the vio


lated majesty of law, by the graves of half


million Of murdered hero patriots who me


their death IN battle by the sacrifice of them


selves Tor their country, the Constitution


and the laws a d proved by their sublim


examples that all must obey the law, tina


no man lives for himself alone. but each 70


all, that some may die in order that the Stat


may live. that the citizens at best for Il


day, while the commonwealth is for all time


and that no position, however high, no pat


rouage, however great, can be permitted t
shelter crime to the peril OF the Republic


Ii only remains for me, Senators, To thanl


you, rs do. for the honor you have done m


by YOUR kind attention, and t. demand, il


the name of the House of Representatives


and of the people, Judgment against the ac


cused for high crimes and misdemeanors i


office. whereof he stands impeached, and o


which. before God and man, he is clearl


guilty