The Portland daily press., 1866-11-27
Andrew JOhnsOn's Theory Of Hmpeach.

Andrew JOhnson's Theory Of Hmpeach.
ment.
In his speech at the Brooklyn Academy OF
Music Saturday evening, Gen. Butler said
there have been in this country four cases of
impeachment, two successful and two unsuc-
eessful. The last which was successful, was
moved by Andrew johnson and settles some
interesting points. We quote from the Boston
Advertisers report: ...-
The lastand most intarestin case of impeaeb-
ment at the present juncture was that Of Judge
Humphreys, of Tenn .ssee, upon the complaint
OF Andrew johnson, in June 1862 One of
the charges against Humphreys, OF which he
was unanimously found guilty by the Senate,
was, that at Nashville, on the 10Th of Decem-
Der, 1860, at a public meeting, he did then and
there publicly declare that it was the right OF
the people of said State by the ordinance of
secession to absolve themselves from allegiance
to the Government of the United States the
Constitution and laws thereof Among the
articles of impeachment against Humphreys
was q charge that as confederate Judge after
the secession of Tennessee, he had decreed the
confiscation Of the property Of Andrew john
son. Upon this charge he was acquitted.
This case is exceedingly instructive, 1t de-
termines that speech may be an impeachable
offence Every Senator 80 in number Demo-
Gratis included, voted that political speech by
a United States officer in public meeting be-
crime and misdemeanor. But Judge Hum
2hreys only advocated publicly the right of se-
| cession which had been advocated in the South
| ror thirty years by Calhoun and bis disciples.
| How much would have been saved to the
| country il the first utterer Oft had been i'm
| peachedi What lesson is taught us that the
| first utterances of officials dangerous to liberty
and law should be promptly punished, howev-
| er high the offender may be. Let justice be
| done though the heavens falli
Andrew johnson q eOmNlninanf in 4bfa
case, So that he is concluded by it TO deny
EnSt that an improper speech of a high offici-
al is impeachable. Second, that House of
Representatives from which eleven States ara
excluded is not constitutional House, with
the power of impeachment, and that Senate
from which twenty-five members are excluded
is not constitutional court to try and deter
mine impeachment.
Humphreys, when summoned before the
| Senate, refused to appear, and was tried and
convicted in his absence. So that Andrew
johnson, the complainant, and every Demo-
cratic senator of that day and majority of the
Republican senators OF the present Senate are
concluded by their votes and acts under their
solemn oaths, upon every disputed question
that could possibly arise upon an impeachment
Of the President # the United States, save one
which We will directly discuss. Let us repeat,
the President, House and Senate have solemn
ly committed themselves to the propositions:
LIST. That House from which the represen-
tatives of eleven States,are excluded, is a con-
| stltutional House for the purpose an i'm
parchment of high officer of the United
States.
| I'd. That the Senate from which the MEM
| bers of eleven States are excluded and some
| of them expelled, is legal high court Of inn
| peachment to try any such officer, although II
| may be certain that it the excluded member
were present the offender would be acquitted;
because nobody believes that BENJAMIN, Sill
dell and Davis would have found their brother
secessionist Humphreys guilty if they had been
present. and the twenty-five votes of the revolt
ing senators, more than one-third, would have
acquitted him.
sd: That the advocacy by high officer of
the United States of an unlawful proposition
IN political speech is sufficient ground of i'm
peaehment Therefore, that mere words are
sufficient without any overt act.
4th. That if the accused Deglects or refuses
to appear before the Senate when summoned,
he may be tried, convicted and deposed from
office, in his absence.
The other point, which is not REQUIRED to in
the Advertisers report, is undoubtedly the
question whether the President while under
impeachment can continue to exercise tha
fanctions Of his Office ltt