The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-02-07

| mpcnchnent.--A New Reconstrue-
| tion Schcme.--The New Orleans
| Riot.
The special Washington correspon-
dent of the Baltimore San, writing
on Monday, says: s'The impeach-
ment question continues to be the
absorbing theme of conversation
here. That which is below set forth
is substantiallya correct statement of
the facts known tonight:
"Gen. Butler is reported to have
said to-day, to several OF his acquain-
tances who called on him, that he is
not in favor of any further action by
| Congress in the matter Of impeach-
ment. The proposition did well
enough for elcctioneering purposes,
but it would not do for Congress to
attempt to carry it out.
Senators Sumner and Wilson also
stated yesterday, in a private CONVEX
| satlon, that they are opposed to the
impeachment project. Very gene
rally it is conceded that the number
of members OF Congress who oppose
the further prosecution of impe&ch-
ment has greatly increased, and
therefore there are many who sup
pose that the House will not adopt
articles Of impeachment, even If the
Judiciary Committee should report
such articles
''But, nevcrthcless, it is fact, ali
statement to the contrary notwith-
standing, that the Judiciary Commit
tee have been engaged IN procuring e
testimony looking to impeachment,
and am warranted in reiterating my
paragraph on that subject in your
paper of yesterday. [ can STATE, in
addition, that no testimony on be-
half Of the President is expected to
be offered before the committee.
"Ihcre are but twenty three Of the
lmpeachcrs proper-or those who are
actively ard cnorsct;ca!!,}g- working up
case against MIR. Johnston. These
members justify the removal Of the
President rpon the higher law theory,
and accord in full with Wendell Phil
lips az to the political necessity Of
deposing A1r. Johnson
MANY of the political friends OF
these men, however, admit that,
strictly pursuing the legal definition
and pnrport of the language of the
Constitution, viz: Treason, treach-
cry, and other high crimes and mis-
demeanors, there is no evidence ex-
tHnt will sustain articles of impeach-
ment in view of the rule Of law that
penal statutes must be construed
strictly, and that they cannot he ex-
tended by their spirit or equity to
other offences than those clearly de-
scribed and provided for.
''Bus the promoters OF the scheme
believe that the end sought to be ac-
complished justifies the means they
have adopted, which consists of a
pro formsa impeachment by the House
and immediate suspension of Mr.
Johnson in the exercise Of his official
functions. Unless, therefore, it can
be found by previous canvass or
counting OF noses that there is q ma
lorlty of the House in favor of this
plan, no attempt will be made to
adopt articles of impeachment. and
the Judiciary Committee will merely
report the testimony that shall be
taken. Should the number of oppo-
nents of impeachment increase in the
coming week in tho ratio of their
gain last week, tho scheme will be
Abandoned
"ln the meantime, the action Of the
Reconstruction Committee is awaited
with intense anxiety. The committee
were called together at 9 o'clock yes
terday morning, and it was expected
that they would bring in report to
Congress in the afternoon, but they
have doubtless been unable to agree
upon plan, though it is understood
that majority Of the members con-
cur upon the main features of prac-
tlcablc measure, which, if adopted
by Congress, will be acceptable to the
Southern people and will speedily
settle the difficult question Of recon
struction.
1.-The committee on the New Orleans
riots have concluded their investiga-
ton, and are preparing their report,
which, it is understood, will be very
severe upon the New Orleans author
tiles, but substantially e1onerates
Mr.: johnson from guilty completely
in the affair"
STATE Bills. Ls.-The Pickens Courier
says:
"a discussion is taking place in