Year: 1868

included, participated. II would be q
humiliating thought enough that the
American people should have absolute
need to impeach Chief Magistrate for
actual crimes and misdemeanors, and
whilst stern justice, in such case, would
have to be done, the necessity would be
most sad aud mortifying one; but II 10
infinitely more sorrowful, shameful and
humiliating that such deed as that
should be done wantonly, vindictively,
without even the semblance Of equity, or
proof enough Of guilty intent to convict
the humblest prisoner that ever was ar
raigned at a tribunal Of justice.


The New York Times OF yesterday has
ajudicious article on the subject Of the
trial. After remarking that, in charging
the President with crime the House OF
Representatives we're compelled to allege
criminal intent; and they. have accord
ingly taken upon themselves the task OF
proving that, in removing Mr.. Stanton
from Office, he intended to violate the
law and Constitution OF the United
States. The Times pointedly adds i;
Whatever tits competent for Congress
to prove, il is also competent for the
President to disprove; evidence both for
and against the specific crime charged
must be equally admissible. And when
the president offered the testimony OF
those upon whom the Constitution au-
thorizes him to call for advice, to prove
that he did call upon them, and that he
acted upon the advice which they gave
him, and could not, therefore, have in
tended to violate the Constitution, it is
not easy to see how such evidence could
have been refused" On another branch
of the subject, the great issue in the case,
the Times has the following significant
and striking remarks:


"The real collision now on trial at
Washington is between the President and
Congress. The House charges the Presi-
dent with usurpation in executing law
which Congress had passed. The Presi-
dents real reply to the charge is that
Congress is the usurper--that he was
only trying to maintain and preserve
the constitutional functions and powers
of his own department, upon which Com
gress had unduly encroached. This is
the issue which is really being tried. On
the face of it, it would seem to be one
which ought not to be tried by either
branch of Congress, or by both, for Con-
gress is thus sitting in judgment in a
contest to which it is itself one Of the
parties. Under the Constitution and
that distribution of power for which the
Constitution provides, the issue thus
Joined ought, in some proper form, to be
decided by the Supreme Court. The
question whether the President could,
and did, actually remove Mr.. Stanton, in
the exercise of power constitutionally in
his possession, or whether by virtue of
the Tenure of Office bill, Mr.. Stanton
was still entitled to the place in spite of
the Presidents attempt to remove him,
is one which should have been taken for
decision to that tribunal. The result
would have commanded respect and
settled the construction of the Constitu-
ton on a point Of marked and permanent
importance"


That is just what the President aimed
to do, and which all honest men will feel
to be just and equitable, instead of
leaving the case to be decided by one Of
the parties to the controversy. Batti-
more Sun.