The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-08

So tne "uoe cornry knows He has not only failed
execute IT, but has in indecent aud offensive Ian
guage assailed and dep0unced The law as
t,onaL la his failure 10 most INST and mos
necessary law the crimes OF the President become per
fecty colossal Since the surrender Of Lee and John
ston more than five thousand American citizens guilt
OF no crime but love OF country have been murdere
by men who lately in arms against the country
ana many more thousands have been driver
from their homes sin no effort has beef
made on the part of the Executive Department
a TINS government to give them the profession
which the law guarantees to hem and which humanity
ana justice demands for them. There never gov
eminent guilty OF the infamy Of treating its citizens
the President OF the United States has treated the
dent and bis ooconspira,ors 70 deny his guilt know
Also now dcult II to prove by technical rules the
gun! o. OLA man occupying nus position although the
rebellion broke out 1851 few months before and
afterwards no could have been arrested tried
convicted before court and jury Of this district for
conspiracy against the country, although
DOUBTED his guilt II is much difficult in OF
this KIND where the rebellion is not open rebellion
but negative rebellion; rebellion which the whole
country recognizes the President being the head
and IN which he is surrounded by all the late rebels Of
| Mr. CHAsLsR asked Mr. Ashley to favor the House
| with definition Of what he meant by the phrase OF
negative rebellion"
Mr. ASHLEY without answering the question proceeded
with his remarka He said IL know how difficult II Is
10 prove by technical rules the guilty knowledge of
man who refused the law while PROCESSING 10
execute it, 1t is we'll known that the Civil Rights bin
tary power the disposal Of the President has been
used not to protect loyal men, but has been used either
Dv ms lnanerence OF WIN ms guilty knowledge to
Mr. ELDRIDGE remarked that he understood Mr. Ashley
censure the President because certain parties not
been brought to trial. and he desired to ask him II
he blamed the President because Jefferson Davis had moi
been tried upon the indictment found against him.
Mr. ASHLEY said In reply-I unable TO answer tho
gentlemans question: but know that in military de-
partments where the President has command OF the
army, and where he in erere he has used the mill
tary power to control the loyal instead Of sustaining
| them.
Mr. ELpRIpGE asked Mr. Ashley TO favor the Housa
ghapa fha rad
leced bis duty in regard to the tria Of aAv person
Mr. ASHLEY replied yes. sir in New Orleans and in
civil governments and where by his repeated he
had recognized the supremacy Of the rebel power.
| MI. ELDRIDGK inquired OF Mr. Ashley whether the
President of the United States could institute courts
there and try parties charged with crime.
Mr. ASHLEY, without answering the Question: discreetly
said may refer the sentlema TO The case Of Watson
81 virginia AID to other cases which it is not necessary
for me to partcuarize saw that in view Of ali the
facts which have before us II this Investigation be
not pursued, and Il this be not put upon his trial
and mpeached the provisions Of the constitution pro.
vidng for the impeachment Of the President is yalueless
70 the nation II he Is not tried and deposed from the
high place which he has disgraced man who sue
ceeds him need ever fear trial and conviction
be deferred from doing its whole duty in the matter and
proceed to the investigation and am convinced that II
pursued with the energy which attends ordinary crmi-
nal cases, the trial. and conviction aud impeachment Of
| the President are as inevitable as death.
Mr. Brooks, supposng that Mr. Ashley had concluded.
N New Asny
Mr. Ashley said he did not and declined to yield Mr..
Brooks explained that he did not desire the gentleman
to yield the floor to him, but that he thought he had
/ concluded his remarks. ,4xT.---
ur. ASHLEY, resuming said should not have talked
as long as have but for tho interruption. desire
merely to make suggestion II Is this:-tha all per-
sons whether citizens foreigners who have in their
possession documents that be evidence the case,
who in the possession or any facts tending TO
show technically the guilt Of this man, bound in duty
to bring the facts TO the knowledge Of the Judiciary Com
mee; any person in possession OF such facts and
fusing ncglectng to do So becomes accessory
the crimes Of this man and will be held responsible
before the country and in the great tribunal Of human
| history partner in his guilt.
| Mr.. srAIDISa lrep.l Of 0hio-to whom Mr. Ashley
yielded five minutes OF his time-sad: Mr.. Speaker I
do not boast OF possessing extraordinary degree Of
courage, either moral or physical; but thank my
Creator that he has constituted that
although they differ with the majority of the party with
which act. Sir differ too colo with my colleague
Mr. ashley and stand here IL IN this very place from
nation charged with high crimes and usdemeanors,
to denounce the whole scheme as one Of consnmmate
folly. tMr spalding now occupies the seat which Mr.
Ashley occupied last session. say that no one act
amounting to a crime misdemeanor has yet been
proved against the Executive OF this nation and chal-
| lenge any man to reply TO me when make this
ment; and say more: say that II Is not desired by
crimes and msdemeanors, that proof shall be Obtained
It Is only necessary, as has been said In high places
within the past week or ton days that i shall be known
what gentlemen call "progress" and that, therefore,
the radical majority Of the country must re-
pocirns: and say 10 my asocsies or the great Union
parry that they look we'll to their way they sup
the intelligent people OF the United States going
to uphold them In the PRONUNCIATION practice Of any
such principles. have the utmost confidence in the
Judiciary Committee assconstituted In the Thyninth
Congress doubt not that shall repose equal de-
gree Of confidence in any committee that shall be
this investigation being pursued through The channel Of
that Judiciary Committee. But ut the time to be
consistent must say that do oppose and shall oppose
until have some evidence presented 10 my mind TO
show that can make nm appeal TO the conscience OF
this great nation when We seek TO deprive It Of its ex
ecuve head We are bringing to the test our republi-
principles, popular form Of governments test
| such as no nation has ever yet been brought
a. n. same state nave Of n feeling '' 'i shs,
which existed during the revolution OF Oliver Cromwell,
or that which lived in the days Of Kobesperr and Mara
extreme measures were the next day brought 10 the
scanold because they were not far enough in the adj
vance IL that to be position In this country Sir,
have voted for every radical OF reconstruction
proposed in this House, and yet have not adopted
radical enough TO suit the purposes or some OF
the gentlemen around me. They now cry for the head
Mr. woop. inierupting-rhey want more blood
Mr. sPALDyG resuming-For what good purpose Is
to make for some other man or set OF menY ls
this whole nation 70 be convuseds Is our public credit
to be rined WITH Are stocks to be brouxht down
TO thirty twenty ten per cent simply to crafty this
anxiety the Executive head Of the nationf
| Sir cannst 60 for that proposition.
Here the fall Of Speakers gavel indicated the expra
tion OF the five minutes allowed TO Mr. Spaulding and
| Mr. Ashley resumed the floor.
Mr. NrsLAcx rose, and said--Mr Speaker, this is
serious matter and II the gentleman from Ohio was not
In possession OF facts TO Justify him in bringing this
matter before the House, presume he would not do So
there charge going the rounds of the newspapers
affecting the gentleman himself and tending to show
that he proper person to bring this matter before
the country; certain letters have been published
purporting TO have been written by him several years
! ago while member Of Congress Of somewhat queer
import desire 70 ask the gentleman from Ohio she.
Their those papers genuine go that II they are fraud
he may have the opportunity OF exposing IT, do this
out OF % unkindness TO the gentleman, but simply look
| ing 70 the truth Of history.
The SPEAKER asked Mr. Ashley whether he yielded the
| floor for that purpose.
Mr. ASHLEY repied-No SIR DO not yield the floor to
have the gentleman come here with any such imperti-
nence
The sPEAxER called Mr. Ashley TO order for the remark
stating that while be might say that the remarks OF the
gentleman not pertinent II was objectionable and
out Of order 70 say that they were inpertinent
After q discussion between Mr.. Chanler and the
Speaker In reference point Of order 10 Mr. Ashley
being required take his being called to order,
Mr. Nback remarked that he had personal matter to
j sottled bis