The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-04-02
The ImpeacnmentT Trial.
Proceedings of monday.

At 1890 the President pro tenn.
vacated the chair, which was i'm
medlately taken by Chief Justice
Chase. The Sergeant at Arms
made proclamation commanding
silence. and the Presidents coun.
sci took their seats.
| AT I2:35 the Sergeant at Arms
announced the Managers on the
part of the House, who took their
place, except Mr.. Stevens, who en-.
tered soon afterwards and took a
seat slightly apart. The House
was then announced, and the mem
bers appeared, headed by Mr..
Washburnc, of Illinois, and were
seated.
The minutes of the last day we're
read.
Mr.. Butler commenced his open
ing speech at quarter before one
o'clock.
Mr.. Butler spoke at great length,
presenting TO the Senate several of
tho propositions of fact and law
upon which tho House of Repre-
sentatives would endcavor to sus-
tain the cause of the people against
the President. The speaker re.
viewed the impeachment trials of
other courtrieA in order 10 show in
the light of those precedents what
really constituted impeachable Of
lences, He defined an impcacha.
Bile high crime or misdemeanor to
be one.in its nature and conse.
quences, subversive of some funda
mental or essential principles OF
government, or highly prejudicial
to the public interest, and this
might consist of a violation of the
Constitution of tho law, of an Of
fetal oath, or of duty, by an act
committed or omitted, or, without
violating a positive law, by the
abuse OF discretionary powers, from
improper motives, or for any i'm.
proper purpose Mr.. Butler refer
red to the impeachment of Lord
Dandy, a case, he said, which went
great way toward establishing the
principle that no minister could
shelter himself behind the throne
by pleading obedience to the or.
dcrs OF his sovereign. He was
answerable for the justice, the hon.
esty and-the utility fall measures
emanating from the Crown as well
assfor their legality, and thus the
Executive administration was, a.
ought to be, subordinate in all
great matters Of policy to the su-
perintendence and virtual control
OF tho two Houses of Parliament.
The speaker then reviewed the
question, whether tho High Court
of impeachment was really the
Senate OF not, and passed. on TO
the matter of tho competency of
one of the triers on account of his
affinity TO the accused, and said
wc believe it is his right, nay his
duty, TO tho Slate he represents TO
sit upon tho trial as ho would up.
on any other matter which should
come before tho senate, His seat
and votc belongs to his constitu-
ents and not to himself, to be used
accordingt to his best Judgment up.
on every grave matter that comes
before the Senate.
Mr., Butler then recited tho ar.
ticles of impeachment, and said
that the liouse of Representatives
and the people have joined issue
with Andrew Johnson as to his
right to act as ho has. This bill
which he has violated has recciy
cd the requisite sanction of both
the Senate and House OF Rep.csen-
talives.
After a fell consideration of his
objections, il he is to be allowed to
exercise this dangerous power OF
removal, whore is il to cndi Does
tho Constitution invest tho Presi. |
dent with all the Executive power
which is enjoyed by kings and the
rulers oil othor nations2 If SO it |
has been much more liberal TO him
than tothe legislative branch of
the Government, The Executive
power Of appointment is clearly
limited by tho words of the Con.
which renders the consent
of tho Senate necessary, The pow.
er which he has assumed to exer.
else is kingly. The power of ro.
moval was very deliberately doba-
ted in the first Congress on the
bill to create State Department.
It was debated for four days, and
finally framed so as to imply the
power Of removal in the President,
but the triumph of its supporters
was short lived. When it camo to
tho House, on motion ofMr. Ben.
ton, tho provision implying the
power of removal in the President
was stricken out. 1t went back to
tho Senate; but as the debates were
in secret session, We have no means
Of knowing what did take place,
but we learn from the journal that
this provision, implying the powor
OF removal was retained by tho
casting vote of John Adams, tho
Vice President. Alas, most all our
woes have como from. our Vice
Presidents. Notwithstanding this,
The facts show that the President
made no removal without notify.
ng the Senate. President Adams
removed Mr.. Pickering by nomin.
ltlng a successor to the Senate.
None of the early Presidents had
aver attempted to exercise the un
Iimitcd power Of removal now as. /,
lnmed BY the present, occupant in !
hat chair. Congress has ALWAYS {