Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-12-06

article one of the Constitution which pro-
vides that the person convicted shall never
theless be liable and subject to Indictment,
trial, Judgment and punishment according
to law, would be wholly inconsistent with
the nature of our institutions The
phrase of the Constitution has been
drawn aside or rather turned from its
legitimate connections and office for
the purpose of furnishing q proof of
the doctrine that those acts that are
indictable. and those alone are impeachable
offenses. The true and different meanings
of the phrase is easily understood. LIS Of
flee Is to change the common law practice
OF England by that law. A person convict
ed by the House of Lords upon proceed
ing by impeachnlent could plead that con-
viction al dsentence in case o an Indictment
in criminal court for the same offehse.
The speaker proceeded to compare, very
fully, the method of proceeding for i'm
parchment under our laws with those of
Great Britain, claiming that under the pro-
visions OF our Constitution there are offens-.
es impeachable which are not indictable.-
Treason, he said, is one of The impeach-
able offenses which is defined by
the nn Constitution, and Congress has
no power to enlarge the limit or
IN any degree to quslify the jurisdiction of
the Senate, when sitting for the trial OF the
President. While Congress does not declare
what constitutes high crimes and misde-
meanors. it limits the definition of the
crime OF treason to single one of these
forms. 1t is impossible for Congress to
make certain offenses crimes and mjsde-
meanors everywhere in the United States
the same. AT the present moment no Ia W
exists which declares that it shall be hivh
crime and msdemeanor for the President
to decline to recognize Congress, and
yet should he decline to recognize its law
full and constitutional existence and auther-
" thnl lies nlxya ~.
ment, would Congress be impotent and un-
able to proceed by process of impeachment
to secure his removal from office i
After further remarks, Mr.. Boutwell, said
rest firmly in the opinion that the phrase
bribery and other high crimes and mis-
demeanors is used in the Constitution in
accordance with and subject to the
principle or rules of reason which lie at
the foundation of the English common law
Of crimes. This rule is that no person can
lawfully do an act contrary to good morals.
The speaker quoted largely from great
Jurists in England an America 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 po-
sition assumed by the majority of the COM
mlttee, and rendered their case a clear one.
MIR. BOUTWELL, proceeded to consider
the facts In the case, and analyz re the charges
against the President, his acts, his Cabinet
auVisors, MS speeches and his message; his
interference to prevent the adoption of the
constitutional amendment; his surrender of
abandoned lands, and his removal of STAN
ton, Sheridan and Sickles, and closed as fol-
lows: r,Y -.
Believing Andrew johnson is guilty of
high crimes and misdemeanors. 1 have as
sented to, and by direction OF majority
of the committee on Judiciary reported
resolution for impeachment. In contem-
plation of the law and upon the facts, be-
lieve him so guilty, and thereon 1 ask
Judgment of the House.
Mr.. BOUTWELL, yielded to the motion
to adjourn with the understanding that he
should have the floor TO- morrow immedi-
ately after the reading of the journal.
The SPEAKER presented statement of
the Secretary of the Treasury showing the
amount of revenue received from distilled
spirits for each collection district. %
Adjourned. r--