Year: 1868

IL alter the in law Does IL aer the case IN S
reason or the Judgment OF any man living either w


the senate or outside OF the Senate that he chooses


put declaration in his own defense IN wrungi dne


makes no such distinction. undertake 10 assert here
gardess of any attempt to contradict my statemsL'
that there Is no law ny wh sSer oral


in writing either by message TO the Senate or speec
to mob, that can be given In evidence 70 a%cdt % th
affect in any manner his crimnahy % wdn NJ nio az
nal Of justice, TO make evidence when shoud De az
mitted upon any form of law, upon his own motion,


iusftfy his own Criminal conduct do not hesitate TO sa
that every authority which the gentlemen can prlns ~
court relating TO rules o. oSd fo lie smp
sort is directly against the prolostl9 hu iOi % @
that this is written decaratlon madg oy tn
read for fbe information OF the Senate the testimon
touching this fact the service Of the notice OF the aeo
dent whereof he stands accused. Mr.. William ii
Mcdonald Chief Clerk Of the Senate testified on pag
l4s: An attesed copy of the foregoing resolution wa
delivered by me the hands OF the President OF The
United States, at his office In the Executive Mansion
on the oath of February days afterward the Pres


dent volunteers written declaration winch ms eounse
tribunal OF Justice OF 1t is evidence Tor no pur
pose Whatever except for the purpose Of exenpatine
Senators will bear with me while make one further re
mark The prSPosfm m presdent % says for himself NO
simply the argument which he chooses TO present ia the
form of written declaration in vindcation OF Ills crlm
nal conduct but the declaration Of third persons The
Senate asked 10 accept this too as evidence on ID,
trial OF the accusedhe declaration OF the third pesOns
whom he calls his Constitutional advisershe states theI
opinions without giving their language; he gives ther
fore the Senate part OF the evidence beg leave TO
say here, in the presence oShe Senate That there is no
coorabe excuse for the President, for his counsel
coming before the Senate say that he has right TO
attempt shelter himself from violation of the laws OF
his country under the opinions OF any member OF MS
Cabinet. The Constitution never vested his Cabinet
counseors with any such authority never vested ie
President with authority to suspend the laws or TO vlo
late laws 10 make appointments IN direct contraVeh


on of the laws and In defiance OF the na ACTON Oh the
Senate acting In express obedience TO the law Iere
colorado excuse for these proceedings say IL WIN
all respect the learned counsel aud challenge now
the production OF authority IN any court hat
allowed any man, high or low, ohelaiy or uhOi-


caly to Introduce his declarations, written or un-
written made after the fact in hs defense Ihat is he
point take here. beg pardon OF the senate Tor havhg
detained them SO long IN the statement OF proposition
simple, and the law of which j. so clearly settled
running through centuries submit the question 70 the


Mr. EvARTs-Mr. ChetJustco and Senators: The
only apology which the learned Manager has made for


on Of your time and yet he has not hestatcd 10 say
and again to repeat that there is no color OF uscaon
for the attempt Of the President OF the United States TO
defend himse FOR the effort that his counsel make To
defend him We do not receive our laws from the learned


Mr. BINGHAM Crlsing)-win the gentleman allow me


Mr. EyARTs was ProseedioG Wh s TsSTE


Mr. EVARTS-I do not misrepresent the honoTable


Mr. BiNGHAM-I did not say that there was no color
of for the Presidents attempt TO defend himself
was no color OF excuse fCf offering this testimony


Mr. EVARTs-It all comes TO the single thing. Every,
thing that Is admitted on our view or line OF subject III
controversy except Il conform To the preliminary view
which the learned Managers choose to throw down. Is
regarded as wholly outside the color OF the law and OF
right Oh the part Of the President and his COUNSEL and
ills SO repeatedly charged Now, II the crime
peted on the 2is which is only the whole basis Of
this argument OF the learned Manager but Of every
other argument on the evidence which ] had lhe


DnIfnn and reieyancy The rcfoufion had which was
passed 10y the Senate on the 2st of February ae hc act
OF the President had been completed and after the act
had communicated to the senate. There can be no
single principle OF the law OF evidence on "ch that view
can be proved on behalf Of the Managers and which
the reply Of the President bo excluded. What would
he thought, IN criminal prosecution, OF prosecutor
giving nm evidence what magistrate sheriff bad said
to accused
mouth OF the accused as To what he had sd, lhe ana
there. In reply The only possible argument by which
what was said to him could be- given evidence Is that
ureped Co. it might be construed into an adnlsson OF
You stole that watch" and II that could be given in
evidence, and the prisoners reply, " was my watch,
and took II because IL was mine could not De gwen IN
evidence that would be precisely the same proposition
which being applied here by the learned Manager To
this action had beiwocn the President aud the Senate.


Mr. BUTLER-If the thief did not make reply unul
fourdays afterward and then sent IN written Satcment
as 70 whose The watch was putung m al,o NitTia &
neghbOr said-that would be mole appropriate Nus
traton take the Illustration good as an cX.
celen one, the Sheriff says TO the prisoner Where dld
YOU that Wach" four days aIicrWafu, TIC lfOhcr
sends the Sheriff. after he had been In JAIL after an IN
dictment had been found against him written % %answgr


and claims in this defense that that answer may be resi-
else said what four five other men said and claims
that that may be given in evidence IL Is desions 10
ine be brought here and let crOsseNamine them ana
find out what they meant when they gave tis advice
and how they 10 Give IT, aud under what pre-sulcs
But present do not want the President 10 put III the
advice Of the Cabinet 60. ,,.





case regarded according to ts circumstances ana
YOU viii Judge whether comniun.caon from the senate
been ansv cred sooner than the 2Ith OF February.


Mr.. BUTLER-It was communicated on the 2lst OF


Mr. EVARTs-I understood you to say that You could
not state whether II was on the 2lst or the I'D


Mr.. BUTLER 1t at 10 o'clock on the night Of the
Mr.. EyARrs-very well, 1t was communicated at 10


o'clock on the night Of the 2st OF February The senate
was session the 22d more than an hour being
holiday. Then. Sunday Intervening, ask whether an
answer TO that communication, sent Monday the 2h


is according to the ordinary course OF prompt
and candid dealing between the President and the sen
smile about the Presidents being in prison goes viii


remove that by saying that he wac not npeaehed un


O'clock D. m on Monday the 2h, but need not pur
these trivial illustrations The matter ~ IN me hahds


Mr BINGHAM-I desire 10 say once for ALL that have
said word and intended 70 say no word during the
Counsel for the President in saying that deny them
right make defense Of the President what Insist
sRp sS make make defense precisely as an oca citizen Of tho
United States makes defense according TO the law OF the
COMMISSION of crime manufacture evidence In his
behalf either orally or in writing, by his own declara
tons and Incorporate them the declarations Of third
persons IL has been allowed IN any respectable
court in this country Where stand on trial for their
lives they are permitted, after the facts 70 manu-
facture testimony by their declarations either writ
tcn unwritten their own motion, Introduce them
light OF what has dropped from the lips OF the counsel
that he has eyaded most sklfuy the point which took
occasion 10 make the hearing Of the Senate, that here
is an atemgt Introduce not only written declaIa
tions OF the accused III his own beha1 after
Tho fact INT declarations OF third persons under OATH


venture to say that proposition TO the extent OF ts
never was made before In any tribunal OF justice IN the
limited States where any man was accused Oh crime.
roposton not merely TO give his own decarauons put
70 report declarations of third persons IN MS own pc
half and throw them before the Court as evidence The
gentlemen seem to think that the President had Alright
TO send message to the Senate OF the united s.a,es,
which should operate Ms evidence concede that the
President OF the United States has right under the Con-
stitution 10 communicate from time TO time win
rho, TWO Houses OF Congress such matters as nc
thinks pertain 10 the public interests. and II he
thinks this matter pertained TO the pubic p ,ha, IN
there is any cclorable repeat my words here.
for ntmating that President OF the united states


ng CHARGED with the commission Of crime on the 2lst
Of February 1863 being proved guilty. undertake 70