Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1867-12-12

Mr.. SHERMAN moved its reference to
the Committee on Finance. He thought
the biii should not be hastily disposed of
He proposed at the proper time to speak
upon il.
Mr.. HENDRICKS proposed that the
bill be simply laid over. He had some
amendments TO present. The bill was laid
over.
On motion of Mr.. SHERMAN, the bill
under consideration at the expiration of the
morning hour was taken up.
Mr.. HENDRICKS spoke briefly in op-
position to the bill. He denied that his
course had been contrary TO the will of the
people of Indiana, as had been alleged in
speaking yesterday of the regard which
should be paid TO the expressed will of the
people. He had not referred to the general
election, but 10 the recent State elections,
and the vote on negro suffrage in Ohio,
Minnesota, &c.
Mr.. MORTON did not desire any mis-
understanding to arise from what his col
league Hendricks had said. In 1864, In
diana had given an overwhelming majority
in favor of prosecuting the war and against
suspendiug hOstilities and in 1866 in sup
port of the policy of Congress.
A short colloquy ensued between MeSsrs.
Hendricks aud Morton in regard to cpl
thets of newspapers as applied to the
Democratic party, which was ended by
Mr.. Morton saying the feeling against the
rebellion, Its aiders and abetters was strong
as ever, and ten years hence would be
stronger.
The bill passed--3O TO 8.
Adjourned.
HOUSE OF REPRESENTATIVES,.
Mr.. WILLIAMS, of Indiana, introduced
bill to fund the interest bearing debt of
the United States, and provide for a ma
tionsl tax thereon. Referred to the Com
mittee of Ways and means.
Mr. ASHLEY, of Ohio, introduceda bill
TO facilitate the restoration of the late rebel
States Referred to the Judiciary. Also, a
bill to fix the time for the election of Rep
resentatives and Delegates in Congress !;
same reference.
Mr.. LOGAN introduced bill allowing
pensions to widows and soldiers of the war
of 1912. Referred TO the Committe on
Revolutionary Pensions.
Mr.. DAWES, Chairman OF the Committee
on Elections. called up the report of the
case of the Third Congressional District of
Kentucky, closing with a resolution that
George ID. Blake is not entitled TO a seat,
and that the oath should now be admins
tered to ]. S. Golladay. Mr.. Dawes justi-
fled the report of the committee.
Mr.. BLAKE was permitted to address
the House in advocacy of his claims.
After considerable debate, the resolu-
tions reported by the Committee on Elec-
tions were adopted, and Golladay admitted
tc a seat.
The impeachment question was then, at
p. m, taken up, and Mr.. BOUTWELL,
proceeded TO discuss the four clauses in
the Constitution lelating to impeachment,
declaring that they were not intended
merely to punish criminals, but remove
from Office persons unfit for office or trust,
or persons charged with an act stained
with criminality. The object of impeach
ment, lie said, is not 10 punish, but TO Sc
cure the country against the presence OF
the offender in any place of trust or power,
in the future. If the judgment Of the Sen
ate were a punishment, then the seventh
paragraph, section third, article first of the
Constitution, which provides that the per-
son convicted shall nevertheless be liable
and subject to indictment, trial, judgment
and punishment according to law, would
be wholly inconsistent with the nature of
our institutions. This phrase of the Con-
stitution has been drawn aside or rather
torn from IFS legitimate connection and of
flee for the purpose of furnishing a proof
of the doctrine that those acts that are in
dictable, and these alone, are impeachable
offences. The true and different meaning
of the phrase is easily understood. Its Of
flee is to change the common law practice
of England BY that law, a person con-
yicted by the House of Lords upon a pro-
ceeding by impeachment, could plead that
conviction and sentence, in case of indict-
ment In a criminal court for the same OF
fence. The speaker proceeded to compare
very fully the method of proceeding for
impeachment under orr laws with those of
Great Britain, claiming that, under the pro-
visions of our Constitution, there are Of
fences impeachable, which are not indicta-
bic. Treason, lie said. is one of the i'm
peachable offences which are defined by
the Constitution, and Congress has no pow
er to enlarge, limit or in any degree to quail
ify the jurisdiction of the Senate when sit
ting for trial of the President. While Con-
gress does not declare what constitutes
crimes and misdemeanors, it limits the
definition of the crime of treason 10 single
one of these forms. 1t is impossible for
Congress to make certain offences crimes
and msdemeanOrse everywhere in the United
States the same. At the present moment
no law exists which declares it shall be a
high crime or misdemeanor in the President
to decline 10 recognize Congress, and yet,
should he decline TO recognize Ifs lawful
and constitutional existence and authority,
and thus virtually dissolve the government,
would Congress be impotent and unable 10
to proceed, by process of impeachment, TO
secure his removal from Office?
After further remarks, Mr.. Boutwell, said
Il rest firmly in the opinion that the phrase
bribery and other high crimes and misde-
meanoIs,' is used in the Constitution in
accordance with and subject to the princi-
pie or rule of reason which lies at the
foundation of English common law. In
crimes the rule is that no person can law
fully do an act contrary TO good morals.
The speaker quoted largely from the great
iurists, English and American, as TO laws
bearing upon cases similar to the one under
discussion, and the whole argument was TO
prove that the law sustained the position
assumed by the majority ofthe committee,
and rendered their case a clear one.
Mr.. Boutwell, proceeded TO consider the
facts in the case, analyzing the charges
against the President, his acts, his Cabinet
advisers. his speeches and messages, his
interference TO prevent the adoption of The
Constitutional amendment, his surrender OF
abandoned lands, and his removal of Star
ton, Sheridan and Sickles, and closed as
follows:
90 Believing that Andrew johnson is
guilty of high crimes and misdemeanors, I
have assenied 10 and by direction of the
majority of the Committee on the Judicia-
ry, reported resolution for his impeach-
menf Ia contamination of the law. and