Year: 1868

gets confusion, and the affairs OF the public are made


the sport OF the contendlng factions and conflicting
| agents. No such powers belong to either To Con.


gress Is given the power to enact the laws and while


tonal duty of the President to see to their faithful
| execution. This duty rests upon all OF his sub


ordinates. Its observance by all the President
| included. makes the executive department, though


IL be acting through ten thousand agents, a unit.


Unity produces harmony, harmony effects directness
| OF action and this secures due execution of the
| laws But IL the President may disregard the law
because he has been advised by his Cabinet and
believes that the Congress violated The constitution
| In its enactment and his subordlnaes may follow
his example, dsobey his orders and directions the
object and end OF an executive unity Is defeated;
anarchy succeeds order; force-rrepressible and
| vicious-suppants law, and ruin envelopes the re-
| public and It's institutions. If the views which
| have mperfectly presented are correct-and such
believe them to be-tle testimony to which we
! object must be excluded from your consideration,
ana and thus will be determined one OF me ,e s most
| II have been able to arrest your attention
and to centre it on the question which have i'm
perfectly disguised, the time occupied 10y me VIII not
| he without ploft to the nation. ] have endeavored
| TO show that the royal maxim which asserts tiat
| 1.-THE king can do no wrongn cannot be applied to
the President OF the United States in such manner
as to shield him from the just condemnation OF vio-
the vlcarious atonement OF his minister's; but the
PRESIDENT Is held personally amenable to the i'm
peaching power of the House of Representatives


Concede 10 the President immunity through the


advice Of his Cabinet Officers and you reverse by your


decision the theory OF the constitution. Let those


who will assume this responsibility leave it to the
| decision OF the Senate


| Mr.. CURTIs-I have no intention, Senator's, to


make reply to the elaborate document which has
| now been introduced here by the honorable Mana


gers touching the merits Of this case The time for
| that has not come aud the testimony liz not before


you. The case is not in a condition for you to con-
slider and pass upon its merits, whether they be based


on law or not. The simple question now before the
| Senate is, whether certain Offer Of proof will be
carried out in evidence? or course that inquiry in
wolves another. That other inquiry is, whether the
evidence which is offered Is pertinent to any matter
| involved in this case; and when it is asserted that
the matter is pertinent, | suppose It Is to be
finally upon the merits Of the case is subject which
| cannot be considered and decided upon prelimnarly
| to the reception Of the evidence, and, therefore,


leaving one side the whole OF this elaborate arg-
ment which is now addressed to you propose to
make few observations to show that this evidence
Manager has read portion OF the answers of the
| President and has stated that the House OF Repre-


sentatives has taken no issue upon that part OF the
answer. AS to the effect Of that admission by the
honorable Manager, ! shall have aword or two to
told you that the House OF Representatives when they
brought to your ear these articles did not intend to
assert ana prove the allegations contained in them,


which are matters OF fact One of the allegations,
Mr.. Chief Justice, as you will find by referring to
! the first article, and to the second article and
| to the third article Is that the President of the
| United States, in removing Mr..Stanton and in
| appointing General Thomas, Intentionally violated


the constitution of the United States; that he did


these acts with the intention OF violating the cOns


tuition OF the United States. Instead of averrng that


IL Is wholly immaterial what intention the President
| had IL is wholly imnatcrial whether he honestly be-


lieved that the act of Congress was unconstitutional;


II is wholly 1mmatcrlal whether ne DcllcVed tnaI ne


was acting in accordance with his oath of Office to
preserve protect and defend the constitution when


he did this ac-nstead of averring that, they aver
| that he acted with intention to violate the constu


ton of the United States. Now, when offer to


introduce evidence here bearing upon this question
| OF intent-evidence that before Offering any opinion


on this subject he resored to proper advice to
enable him to form correct one, and that
Mga e was ad uer ,S. the uecc Of tns pTedce


and that when he did this act, whether 1t was lawful
unlawful it was done with an intention to violate
I'm hon
and argues an hour by the clock that 1t Is wholly I'M
material what his opinion was, and what advice he
had received in conformity with which he acted in
tlIs mailer. The honorable Managers argument
may be Il sound one; this Senate may ultimately
10 a aer to y w slI s" s no
enter; but before the Seuate can come To the con-
sidcraton Of these questions they must pass over
this allegation; they must either say, as the honor.
able Manager says, that It is wholly iminaterial
| what opinion the President has formed, and under
what advice or under what circumstances he formed


It, or else be admitted by the senators. But 1t is
material, and the evidence must be considered.


Now how Is possible at this stage Of the inquiry


determine which Of these courses is TO he taken by


the honorable Senator II the Senate should finally


come to the conclusion that 1t is wholly imnatcria


this evidence will DID no HARM IT, on the other hand,


the Senate should finally come to the conclusion that


II is material what the intention Of the President was


in committing these acts, and that they VIII examine


TO see whether IL not wilful violation of the


constitution, what then? IT would have .,; eX,
have determined that question. respectfully
submit, therefore, that whether the argument
4


1nsound: whether it will finally appear in the judg-
ment OF the Senate that this is material or not this Is
not tile time TO exclude upon the ground that an ex-
animation OF The merits hereafter and decision upon
these merits win show that 1t Is inraterial When
that Is shown the evidence can be lad aside II the
other conclusion should be arrived at 10y any one
Senator or by the body then they will be IN want OF
| this evidence which we now offer. In reference to
this question: Senators, is 1t not pernentr do not
intend to enter into the constitutional inquiry which
started yesterday by the honorable Manager Mr.


utler as to the particular character Of the Cabinet
4 M Ia President
| from the origin OF the government has resortcd to
oral consultation with the members of mis- Cabinet


and oral discussions In his presence on questions OF
public Importance during the course OF his Official
duty. Another thing Is apparent, and
remains, and therefore It would appear
with some certainty what the advice Of Il Cabinet
was & et eSey ars OF me s aw


yer, every Legislator, knows that there is no such
satisfactory mode OF bringing, out the truth as an
oral discussion, face to face with those who are In
terestcd in the subjcct that II Is the most sugges-
tive, the most searching, the most satsiact DRY mode
OF arriving a the conclusion; that solitary written
opinions composed In closet, away from the COLI.
| sion between man and man, which brings out new
mot te best mode Of arriving at conclusion; and


under the influence OF this practical consideration
undoubtedly It Is, that this habit, beginning with
| General Washington, not becoming universal by any
means until Mr.. Jeiferson's time, but from that
day to this this habit has been formed
President Johnson had found 1t In existence
| When he went into Office he continued II, and


therefore say that when the question OF his intention
| TO be considered Dy tnc WiicH tnc


question arises in their minds whether the President


honestly believed that this was an Unconstitutional


law: when the particular emergency arrives; wnen,


II he carried out obcyed that law he must quit the


powers which he believed were conferred upon nun


by the constitution and not be able TO carry on tho
| departments OF the government In the manner thc
| public interests required. When these questions


arose for the consideration OF the Senate then they


ought To have before them the fact tna ne acted by


fine advice OF the usual proper advisers that he re-


sorted 10 the best means within his reach ID form


full opinion upon this subject ana that therefore
| A., Ia foil Lapc
| that opinion IL was a6 honest and fixed opinion


which he lel, he must carry out nto practice if the


pr6sf 1ctit6h should arise. II Il IN TINS point OF
! vew and tis point of view only that we offer this
| evidence The honorable senator ifom Michigan CMr.


Howard) has proposed question TO me c9unsei Tor


fhe PRESIDENT 10 il ths."DO tie counsel Tor tue


nrcsnd NOT cnn.dar that the valldlty OF tne Tenurc