Year: 1868

L
one Of the counsel for the President to call as 10 cS


upon the venerable ChiefJustce who presdes over yo


opinion on any question OF law that may arise And now


in the common sense does this doctrine OF mine trec ~
ate Does it conflict with any duty with any power
imposed upon you by the Constitution OF our coTn th
countryl Why Senators, learned you are resectauo
is your standing at home high as is your posluon,
which your States have conferred upon you N pachg
you here, you still may derive instruction from tns
opinion OF a gentleman learned in the law ana
holding the highest judicial office In the Iahu:


Ike that word or any power Of the American Senate, to
say that ask delberation and the prudent dispas
scales OF justice in an nnfateng and unrembng hand


of who holds his Office Independent Of popular excite
waited his high position because Of his learning his In
tegry, his talent, and his character Is it, ask any
fully request OF HIM that he shall deliver an opinion to
you upon any question which may arise In TINS case
And then 10 will be for Senator'S to judge ana deter
mine for yourselves, under such an OPINION Whatever
may be the opinion you have formed insist
either OF the power OF the intelligence OF the Senate


argument which in its nature Is calculated 10 ad


hold that who regards the Constitution and the
law Of the land no man who IS In search OF lustee, no
and impartiay administered. for one moment deny
the right OF this great Civil Magsate clothed In his Judi
the Constitution declare what he believes to be the
law upon questions arising IN TINS case Me1 ny you oy T9


is conferred yOu that every word IN ltls tecnea
word. The Senate shall try the Impeachment ana p on
Chef-Justicc shall preside. do not quote tie
words literally, but they are familiar to to you az; an
for TO enter into any elaborate dehno1 @ OF
~ the TS sehse @ Of saens nor in the
which is used In common parlanee but ~ Is se1 IN the
OF n judicial proceeding. The word "trlal is a
word dear to every Englishman 1t Is word dear 10
every American; 1t conveys the IDEA OF Juulca tlia
or trial i'm which Judge is preside; trial In which
man skilled and learned the law and supposed TO be


OF independence is to preside IL is proceeding


dear every Engshman and dear to every American be-
cause for centuries In England aud since the formation OF
the Government here, IL has been regarded as essSbt


20 the preservation OF the liberty Of the citizen that
trial shall be thus conducted with all the aid OF Judicial
Interpretation that can be Obtained worcester ucncs
"presiding" as being placed others, having
authority over others, presiding over au assembly 80
the word trial. rs have SAID, IS not sed III ie sense
of suffering hut TO convey the idea OF judicial proceedings
similar TO those before court and jury so the word
"ChiefJustce, as used In that phrase IN the GonsIu
ton technical word. What does III meanl III means


judicial officer The Constitution does not say In so
many words. that judicial tribunal shall oe created IN
which there shall be ChefJusce. IL authorizes Con
gress to create judicial tribunals IL took for granted that
Court there would be a ChefJnstice and that he
should be a Judge; and when 1t assumed that he should
IN the capacity, which insist upon WITHOUT
on the argument further only say that in the views
which entertain Of the question, conceive II 10 DC one
OF the most important questions ever presented 10 te con


sideralon Of this ANY other country We all know,
senator's that 80 far this is the first under the Ane
rcan Constitution in which the Senate has been called
upon as n court Of impeachment to try the Chief Mags
trate OF the land The precedent which you TO form
this case, il Government survives the thrOes OF
revolution and continues undimnished and unilnpared
10 remote posery is one which will last for thousand
years the decision made is which will be quot


eel i'm after years and Will be OF the very highest import


anee. | maintain, therefore, that In the view
which has been presented we nave HSnt nt
merely rs presiding officer but 10 act as Judge on tie
conduct and management OF this trial have already
noticed some startling and extraordinary propositions
made by the Managers Mr. Manager Bingham says that
you are rule ami law unto yourselves Mr' Man
aer Butler claims that as constitutional tribunal YOU
are bound by law, either statute or common. lie
states, further, that common fame and current history
may be relied upon to prove factsthat 49, 20 prove the
Presidents Of administration; and further, that
the question is raised whether the Preslden
ual office ought. in fact, TO exist Senators, In
heard or three such startling proportions
as those which arc insisted upon by the Honor
able Managers. They are dangerous to liberty Ihey
are dangerous TO the prosperity OF the AheTIeah r
Constitution and OF the American Government; Ihey
would overthrow every principle OF justice and OF law
that is known In the civilized world II they We're car


insist unon I never thought, dreamed that in tins


land of liberty, this land OF law, TINS land where we
asserted here II do misunderstood the language
used the learned Managers tink that the senate mas


the power to set aside the Constitution OF the nted
States itself. Many of the most eminent ANA learned
writers ia Englnd and IN our country, when treat
between the Executive, Legislative. and judicial
branches Of Government, have sounded the note OF
warning that the danger Is not to be expected from the
Executive, not 10 be- apprchendcd from the Judicial De-
partment but Is 10 be apprehended from the encroac


Of the House Of COnmons-of the popular Dranch
OF the GOyernmeut-and We hear learned and able
and distinguished leaders OF the House OF Representa-
tycs, the chief men of this impeachment trai arguing
that the has the right judge and determine Or


itself whether the provisions OF the Constitution snail pe
maintained Senators, tails IL not in conformity with the
healthful doctrine of the American Constitution the
sovereignty OF the land is not in YOU IL Is not IN the
President IL Is not ia tine ChcfJusttce It's the Amer


people and theyOny who can alter their Constitution
No senate, 10 House Of Representative no Judiciary;
no Congress, can alter the American Constitution L
noticed during the trial that when one OF the witnesses
spoke Of the President OF the United states saying tha
hc intended 10 support the Constitution Oi the country


caused universal smic in the senate ana galleries
That venerable instrument established by the wisdom Oh
some OF the bravesta distinguished men the wolu ever
that noble instrument which was purchased wlth
the blood and OF the revolution, and which we
have been accustomed 10 regard Win saceu Revenues
TO have been often tramped upon ana violated
Ia this land that when somebody dares 10 mention
with some OF the reverence Oh ancient uines, ~ eAees
smiles Of deson and laughter God grant that more
healthful sentiment may animate ana INSPIRE ihe neats
OF the American people aud that we VIII RETURN
now that the war has passed away,
the American Constitution and that we VIII teach our
children who are To come after us to love ana Nenerae
and respect IL as the popular saieEnard OF Tue
which not 10 be treated With anything snort OF tnat
respect and veneration and high reverence with which


we have been accustomed TO regard It, But you are told
that TO act ia common lame Is possible taJ
have come 10 thati Is possible that tins great I'M


parchment trial has reached 80 lame and lnp9tens e1


csOn that the honorable Managers are driven 10 tue
necessity OF insisting before yon that c0mnon iane
Is to be REGARDED as evidence by SENATOR'S , l


repeat the old aud familiar adase that common fame


liar Are Senators Of the United States to try
the Chief Executive Magistrate on rumor. the most
vague, the most uncertain, tho most unrellabet The
glory aud boast OF English law and OF the American Con-
stuon that have certain hxed principles Of law
fixed principles OF evidence, which are 70 guide and
trial tile investigation OF cases,
the the system OF American Jurisprudence and
OF s greatest peTfectons IS ls that when you go
iuo "a court justice there is nothing taken OF rumor or
o fame There sits the Judge there the Jury here are
the witnesses they are called on To testify they are not
allowed TO give in evidence rumor; they are COM
PEELED TO speak OF facts within their own knowledge the
Is Investigated slowly, cautiously and del6erately
the truth arrived not by hasty conclusions but
upon trial. aud upon patient aud faithful nyesti
CATION aud when the result is found It commands the
confidence OF the country secures the appreciation Of
the world and IL is aequlesced M II be IN the highest
Court IL into history and law and goes down to
posterity precedent to be followed in all time 70 come
And here Senator's the greatest OF the liberties OK the
American people 1 hope you will pardon my giving
uterance To one thought-I Will not say that 1t is
original, but IL Is thought which / have fire.
quently cherished and INDUCED n-that the liberty
OF the American people is not that liberty