The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-12-06
navy. The resolution was

OF the army and navy. The resolution was
cOncurred in.
The Impeachment question was thep, at
three O'Clock, taKen up, and Boutwell, pro-
ceeded to discuss four clauses in the Con-
stitution relating to impeachment, declar-
ing that they We're not intended merely to
punish criminals but to remove from Of
flee persons unfit for office or trust or per-
sons charged with any act stained with
cfiminality. The object of impeachment,
he said, Is not To punish, but to secure the
country against the presence of the Offend
. er in any place of trust or power in the fu-
ture If the Judgment of the Senate were
punishment, then the seventh para
graph. section third, article one, of the
Constitution. which provides that the per-
sons convicted shall nevertheless be liable
and subject to Indictment, trial, Judgment
and punishment according TO the
with The nature OF our Institutions.
The phrase of the Constitution has been
drawn aside, OF rather torn from is legiti-
mate connections and onice for the pur
pose OF furnishing a proof of the doctrine
that those acs that al 1ndictabie, and
those alone, are impeachable offenSeS.
The true and different meaning of the
phrase IS easily understood. Its office is to
change the common law practice of Eng
land. BY that law, person convicted by
the House of Lords upon a proceeding by
impeachment, could plead that eonvic-
t1on and sentence in case of an Indictment
in criminal court for the same ofense.
The speaker proceeded to compare very
fully the method of proceeding on i'm
peachment under our laws with those of
Great Britain, claiming that under the
provisions of our CONSTITUTE are offenses
impeachable which are not indictabIe
Treason, ne said, is one of the impeacha-
BILE offenses which is defined by the Con-
Stitution, and Congress has no power
to qualify the jurisdiction of the Senate,
when sitting for the trial of the President
Congress Goes not declare " hat constitutes
hlgh crimes or m1sdemeanorS. 1t limits
the definition of the crime o treason to a
single one OF these forms. It is impossible
for Congress to make certain offanses
crimes and mlSd9nRAnOfS. which
everywhere in the United States the same.
At the present moment, no law exists
which declares it shall be high crime or
misdemeanor for The President To de-
cline to recognize Congress, and yet, should
he decline to recognize its lawful and con-
Stltui1onaI exlSi ence and authority, and
thus virtually dissolve the Government,
would congress be ifnpotenr and un-
able to proceed by process of impeach-
ment to secure his removal from office.
After further remarks, Boutwell, said:
l rest hrnhy in the opi nion that the
and misdemeanors," !" is used in the Consti-
tuition in accordance with, and subject to
lies at the foundation of the English COM
mon law of crimes. This rule is, that no
person can lawfully do an act contrary to
The speaker quoted from great jurists,
both English and American, as to laws
bearing upon cases similar to the one un-
der discussion, and the whole argument
was to prove that the law sustained the
position assumed by the majority of Con-
SI6SSs anu Teuu6rc IuelF case u cleaf one.
Boutwell, proceeded to consider the cts
in the case, analyZing the charges against
the PreSident-his acts, his Cabinet advis-
OrS, his speeches and messages, his inter-
ference to prevent the adoption OF the
Constitutional Amendment, his surrender
of abandoned lands, and his removal
of Stanton, Sheridan and Sickles--and
closed as follows: Believing Andrew John
son is guilty of high crimes and misde-
meanors, have assented to. and by direc-
tion OF majority of the Committee on the
Judiciary, reported a resolution for inn
parchment. In contemplation of the law
and upon the facts I believe him so
guilty, and thereon 1 ask judgment of
the House.
Boutwell, yielded to motion to adjourn,
with the understanding he should have
the floor tomorrow.
Immediately after the reading of the
journal, the Speaker presented a statement
of the Secretary of the Treasury. showing
the amount OF revenue received kpr dis
titled spirits for EACH Collection iazstrict.
House adjourned.