The Sun.
London, England, 1868-05-11 00:00:00

the resolution declaratory of the purposes of the
war, which was introduced by Senator Johnson just
after the battle of Bull Run, and was passed by
Congress and still remains unrepealed, he claimed
that the President had acted upon it and still main-
tained its principles. Tie argued that President
Johnson, after the surrender of General Lee, en-
deavoured faithfully to carry out the policy of hie
predecessor, which was based on that resolution•
Although Senators may conscientiously believe be
was wrong in his action regarding the formation Of
new State Governments, they must admit that there
is no express provision in the Constitution for re-
construction, and that the President had a right to
his own opinion, more especially as peace had net
been fully restored, and the necessity for prompt
action was pressing. Honesty and integrity of me'
tirg must in charity be presumed iu such a case•
Referring to the recognition by Congress of a Sate
Government in Virginia, formed without the pas-
sage of any Reconstruction Act, he claimed that
Congress had also justified the President's polio'',
and had also, in the Act cf March 1, 1867, dated
the cessation of the war from August, 1866,
the time fixed i❑ the President's proclamation,
and thus bad recognized its validity. The rebel
States had never been out of the Union
then, considering whether the Senate is a Court,
he denied that authority or precedent was to be
found for its guidance in Parliament, except in the
same way that history was to he consulted. This
is the tribunal of the American Constitution. Ile

then quoted from debates on the formation of the
Constitution in support of his view that the Chic'
Justice was called upon to preside as a judge, and
was expected to state the law, and also to decide in
the first instance upon all law questions which might
arise. He further contended that the use of the
word " trial" in the constitutional provision for illy
peachment shows the judicial character of the
Senate at that time. He proceeded to characterize
the propositions advanced by the Managers that the
Senate was bound by no common or statute lay('
but was a law unto itself, and that its common fame
was sufficient evidence and ground for its action, ee
a startling declaration, fraught with danger to
the country. He held that they must consider
their case very lame, if forced to receive evidence
on common fame, which the old adage says is
common liar. In the lowest courts, and by courts
alone, are justice and equality maintained;
such claims would be advanced, and their yell
oaths showed that they were bound by the laws'
He denounced as morally improper the consider,'
tions put forward by the Managers that the people
of the country demanded the conviction of the Pre'
sident, and that the public pulse beat fitfully While
they delayed it. He discussed the meaning of the
terms treason, bribery, and other crimes and mis-
demeanours, and held that as at the date of the
formation of the Constitution treason was punish'
able with death, while bribery was not, the Nor
" crimes" must be construed'with the former, and 6
word "misdemeanour" with the latter; hence that e°
offence is impeachable that is not a misdemeaneur
of the class to which bribery then belonged. At 013
point, being four o'clock, on the motion of gr.
Yates, of Illinois, the Court adjourned.