Year: 1868




people whose fortunes are embarked In that ship OF
state What other protection is there for the pres
constitution and the Supreme Court placed there TO
determine the lines OF separation and Of duty ana
fSe pG~es nader n me ,ss constitution between
the evidence proposed and rejected, the enort
Of the President was, when the two-thirds
raise case for the Supreme Court to decide; d and
then the Legislature coming In, by Its special jurs-
brings his head again within the mere power Of Com
gress, where the twohrds rule is equally Intellectual
as between the parties to the contest: This is
is to be In the eye OF history Of the determining
evidences OF this great controversy for, great Is
ourselves @ sdss and in the public intelligence Of the
be on one side or the other, with Congress
solu;e inssniacancy % Compared with the greater and
higher guestion-the question which has been in the
our constitution was founded whether-it was in the
power OF written constitution to draw lines Of
separation and to put buttresses OF defence between
question settled adversely, with the determination
that we can devour and, having the
Of the American constitution are lost and lost for
ever. ever Nobody can reinstate n paper what has once
been struck down N fact Mankind is governed BY
before the people OF the country an attempt to es
taelsh new balances Of power, by which the powers
one can be safe against the other but who can be
wiser than fathers who greater who juster than
than they; and their descendants had not the vir-
tue TO maintain what they 80 wisely and 80 nObly
established how can these same descendants hope
establishment for their poeterityP Now, Senators,
urge upon you to consider whether you will not re-
special, so disadvantageous, SO disastrous circum-
stances as have portrayed to you. strong ex-
%n
clai patronage VIII be necessary II the wise
and Just and considerate measure, of our
judgments or II that be dstssteiS, EnSscet s
inadmssibie, then we win swing out to the ofnnipo
ment OF the confederation where Congress was execu
tive and legislative all at once. There ID one other
Of 0Rs Ss wnca S not t. s nnSed
Sssa Ss ssa Ssis ass aSs%s 'irrs %ss q
rebellion and and the redSctiea 81 "a the s' rev0lied VOTED
States to the power Of s government left problem
s a
and much bitterness prevailed, its formal settle
ment presents work Of great diCulties, but there
concurred with It special circumstance, which by
itself would have taxed all the resources OF states.
manship. mean the emancipation Of the slaves,
which had thrown four million Of men, not by
into the possession OF their freedom, which had
placed at once and against their viii all the rest OF





slaves. Now the process OF adaptation OF society
and Of law to 80 great social change that even
when accomplished In peace and not disturbed by
the processes OF war and by the discomfort OF sup
pressed rebellion, was so much as any courage
any prosperity as is given to governments
When these two great political facts concur and press
upon q government, how vast, how dhicut how I'M
anairsl But this does not represent the measure,
even the principal feature Of the diniculty When
the government whose arms had triumphed and
LINN cand fQ tim ta nv fhA nd
action Of the constitution, the government which by
positive law Is 10 maintain its authority the process
restored constitution surrendes their domestic affairs
! at once to local governments or the people
who have been IN rebelion ana then arises what has
| years-what has tried the wisdom, the courage and
the patriotism Of all. The question is how far under
exercise absolute control In the transition period
between war and peace, and how much found
changes in the constitution, when we understand
that the great controversy In the formation OF the
%snt sSa % be- entrusted with the domestic
concerns and and that the people OF the States
were not willing to entrnst the general government
wide, how deranged, how difficult the arena Of tn
controversy Of constitution, OF law and Of differ
ences OF opinion, as to what or Is constitu
tionality, and as to what change should be or oug


to be made in the constitution to meet the pract
as the parties of force on one side and on tn
|
and whoever divides from bis neigbbor, from
his associate, from his party adherents IL
governmental action, which seems 70 press the least
changes on the constitution and the least control
charged as ally Of traitors and Tebes yo% haVe a
at once disclosed how the names OF traitor and OF
rebel which belonged to the war, nave been made
question the rectitude, nor do question the wis.
DOM OF any positions that have been taken as matter
OF argument as matter of faith, or as matter Of
|
ton. only attract your attention to the
Itself both in reference to public order and In refer
ence to the changed condition OF the slave wewere
urged stare super otds onttQds. Is not the ques-
ton OF standing upon ancient ways, for have now
before us the very problem OF the situation AZ it
was then law TO get on the ancient ways from those
had forced us into. And here 1t was that the
exasperstons OF politics came up, mingled with
10 the 20 noW MANN M Mofa theories an
| did we have In this Senate? II am not mistaken,
| an influential. able and eloquent Senator was dis.
posed TO take the Declaration OF Independence into
the working forces OF our constitution as sort OF
pre-constitufon. In the other House great leader
necessities which the situation itself Imposed And
thus It was that minds trained In the old school,
attached to The constitution, were unable, al
learned phrases And now, let me urge 1t, that
all this Is within the province Of politics. and free
and could not maintain i II their public servants T
their public men. their chosen servants we're not



tional offences and odIous and abominabe faults
When passions and struggles Of force IN any form OF
violence Or,of impeachment, an engine OF power
come into play then freedom has become license
and then party has become faction hold In my
hand article from the Tribune written I'm refer.
this trial. and put with great force and skill
do not propose TO read t; bring IL here TO show
and to say that Is an excellent series Of articles of
impeachment against the President OF the United
States within the forum Of politics. for political re-
pugnance and obstruction, and an evidence that
The technical and formal crimes imputed in the
articles before this court are OF but paltry
consideration. Now that Is an excellent
article or impeachment for the forum OF
politics .and for discussion at the hustinRs There
Il belongs; there II must be taken. But this being
court we to be tried fof that OF which we are
not charged. How wretched the condition of him
who Is TO be oppressed by vague uncertain shadows
which lie cannot resist. Our honorable Managers
must go back TO the source OF thciy authority n
they would obtain what was once denied to them
o general and open political charge. II must
know, be maintalnabe In law and must be main.