Year: 1868

to him shall consider this mater more fully hereafter,
reduced estimate of criminality in the act


Much ns Deen said about the duty Of the President 10
no greater right in relation to law which operates upon
mn ni IA ms pubic duty, and upon him eNelnslyey 70
What ms right and what his duty IT, than every citizen


as m ns private capacity when law infringes upon MS
constitutional rights say that Congress has no right to
pass unconstitutional laws and yet erybody h to obey
them Just as II they constitutional, aud to be pun
tional and To be prevented from raising the question
Whether they are constitutional s of course, rampng
tne @ constitution and those who obey It in the dust
Who VIII obey the Constitution against an act Of Con-
sTess which 81 inyades IT, the act Of Congress with its


ton mas no power to save him. and there can be nothing
but debate hereafter whether he properly punished
or not gentlemen, neglect first and necessary const
tt0nal government OF this naoni But again. the form
OF ihe alleged nfracon Of this law whether II u eonst
tuona or not Is not such as to bring any person within
any lmp1tatlon VIII not say OF any Iorinai IN,
to contempt Of the law. Nothing was done whatever
except to issue paper and have l. delivered, which


nothing dss The ~ 'ne consnon h o 'Hs sy Wo viii


suppose that the President has right to
says that the President shall the Secretary of
War The President says: 81 will ssne an official order
which will raise the question between my conduct
and the statute that the statute raises itself and


the % there s and @ can oe nG anp dsts eSsr
mnaon OF the Supreme Court Of some other court so
when the Constitution and the laws supposed
TO be- at variance Inconsistent everybody upon whose
rights this inconsistency inrudes has right under the
usual condition conduct put himself In position to
act under the Constitution and not under the law The
President of the United States has It all ON paper thus
far The Constitution IL paper The law is paper.
aud he issued order paper which assertion of
the Constitution and denial Of the law That paper has
legal validity II the Consultation susains ", and ~
Illegal invalid. and Intellectual, iD6elIe tel,l,
II the law prohibits IT, and the law is conformed to the
done but the mere and process in the exercise Of


night claimed under the Constitution without force with
violence, and making nothing but the attitude OF
assertion, which II questioned might raise the point OIL
available ana practical Just according as the people
avail themselves OF them, and the moment you attach


punishment 10 the assertion OF claimed right you m


fringe upon the necessary liberties Of the people
Now ask attention. although confess do with
very to what is but Law level OF illustration and
argument But day after day it has been pressed upon
under claim of constitutional right aud duty, honestly
felt by the President, Is nevertheless ground OF I'm.
peachment not TO be impeded or prevented by any OF
thosel considerate inducements. | ask your
attention, TO what is but an an, hlgstr. oTai
laws shall not be enforced in reference intent gov
erned BY claim OF little poaeher had et ms wires


pheasant In the wires which the gamokeepcr took pos
approached HIM with threats of force and violence, and
poacher was arrested and tried for robbery. Vaughn
Baron SAYS II the prisoner demanded the wires under
the honest conviction that ne had right to ihen though
robbery. The gamekeeper had night TO take them, and
when taken, they never could have been recovered
under the honest belief hst the property In them
tinlCd III himself think It Is not robbery H. how
berry question for the Jury whether the prisoner
did honestly believe dat the property was him


people distinguish between technical and actual fanlts
what tho guarantees Of the Constitution What
mean the practice aud hbits Of English liberty which
will not allow anybody enjoying that liberty TO be drawn
into question crimually lpon any technical or formal
view Of law What mean those fundamental principles
OF liberty that shall be put trial for accusa
tion OF crime, though formally committed, unless the
grand jury shall choose to bring him under ncupato9
aud that, when thus brought under inculpaon he shall
be condemned by Judge or MAGISTRATE but by the
condemnation OF his peersl Certainly VIC nave hot SO
far forgotten liberties and on what they rest that We
should bring President OF the United states under tho
formal apparatus ~ iron oppression, which, by necessity,
II you set II agolng, shall. without crime without aull
without trIilhdc without the moral ianlt Even ot No


ating statute when he believed 10 DE Dlhnihs UPON
him. bring about those monsrous consequences mon
strOs In their condemnation OF dcpriyng him OF his Of
flee, aud the people Of the country oil an Executive he


fTbs here at o'clock took Of qaartr Of an hour


Mr.. EvARTs contnucd-T am quite amazed, Mr. Clhef-
Justice aud Senators, at the manner In which these
learned Managers disposed to bear down upon people


that obey the Constitution, 10 the neglect or aV0dihce
of law II the cOrumOnest duty OF the profession to
advise Il l. the commOucst duty Of the profession TO


maintain and advocate the violation OF law, M 0bedi-
whose duty s ministerial whose whole obligation In his
official capacity Is 10 execute. or give force 10 law
when the law does not bear upon him, ms right
them good faith, and for the purpose OF the puhe ser
vice, ani with the view oi asccrtalhnS ~ hS uislte
the Constitution the law s Ia be the rule OF his
conduct and whether there be variance, the officer
should and does appeal 70 me court ask your atel
ton 10 u ease In "Ihrd seden's Reports, New-fork |
Court Of APPea page IN the case oI rS Mepe AGDr o
state Of New-Nork The Constitution OF the state OF
y
pacity or power Of the legislature TO inGT pubic m d9p
The Legislature deemng IT, however WITHIN s IlSht 10
pledge OF their revenues, including what may bo
called the personal obligation Of tho state nder,9oS 10
Newell the Canal Auditor, when draft was drawn upon
him in h capacity - ministerial officer and obcdcnt
to the law refused To pay II, ana raised tRe question
whether this act was unconstitutional. Neu' hoM,
he ought TO have been impeached; ne ought
vcned him aud been removed from Office Ine dea OF
mere auditor setting himself np as1inst w9at lne
reao .pfn
law and against It's cnnraycntion Ihe question was
carried TO the Supreme Court OF that state ana the
Court decided that the law constitutional But upon
appeal TO the Court OF Appeals that Court he9 II uh
constitutional and the million loan was rolled away
as a scroll Now would Ike TO know for the President
the United States, who has taken an ohth 10 preserve
protect aud defend the Constitution OF the United states,
when law IL made his head and he mas appenled
20 the Constitution to answer through tne liouS oi
the law Is unconstitutional; We admit that 1t
bears on you and your Just liSht, % ana ,oDa on
raised the Constitutional question Yet such Is the peril


under which you do IL that will cut of your head for
questioning unconstitutional law that bears upon your
right and cUntrayenes that Constitution that you have
sworn protect and defend. How will our learned Man.
ayers dispose OF this ease OF NewelIhe AUDITOR agst
The People OF the state OF NewYork-where an upright
and faithful officer acted III the common interest ahd Ior
the maintenance of the Constitution arc We We !
such bad citizens when we advise that the
Constitution the United States be defended ana
that the President without breach and with an honest
PURPOSE make whereby tho Judgment ol ho
Court may be had ana the CONSTITUTION ssaheun % WIZ!
not long since, the state OF Newfork passed law laying


brokers sales In the CITY OF New-hork ht Iu
and threequarers cent on all goods that snouu DC
sold by brokers, seeking raise for the revenue pur
poses of the OF NewYork about $l0OO0OO on the
brokers' sales OF merchandise, which sales distributed
through the operations OF that emporium the com
of the whole country for consumption throusn
all tho States Of the Union Your sugar, your tea, your
coffee that you consume the Valley OF the Mississippi
was 10 be made to pay tax the City Of NewYork 10
support the state Of NewYork IN this gigantic scheme
and they made penal for any broker to sell them WIN
giving bond to pay It, Well, now, when al the
brokers were in this distress advised OF them that
the shortest way settle that matter not TO give the
bonds and when one OF the most respectable cit |
izens VI the state was indicted Dy the
grand fury for selling coffee without giving a
bond and il came before the Courts according 70 my ad
vice ana had the good fortune To sustain IN the Court
OF Appeals Of the Of NewYork the proposition that