Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-30
THE IMPEACHMENT TRIAL.

THE IMPEACHMENT TRIAL,
The Chief Justice entered and took the chair
OF the presiding officer and raped the Court Of
lmpea chment to order.
The Sergeant Arms made the usual proc
lamstion, commanding silence
The counsel OF the President entered and took
their seats.
The Managers of Impeachment were an.
nounced, and came forward and took their
seats.
The House OF Representatives were an
neunced.
The journal of the last two days proceedings
Of the Court of Impeachment were head by the
Secrstuy, Mr.. J. w. ForAey.
The Chief Justce.-The Managers on the part
OF the House OF Representatives, will now pro-
cesd in support of the articles OF Impeach hInent
MIR. Butler SAID the onerous duty had de.
Nnlyed upon him of presenting the facts of law
aud evidence upon which the HOsse expected
= sustain the articles of Impeachment. For
the first time in the history of the world has a
II ton brought TO trial its ruler In oIden
tim assassination was the only remedy
by which nation could rid itself of q
falthiess and lnc0rn Detent ruler. Our fathers
had provided safe and peaceful method OF
removing from Office those who Were guilty of
high crimes and misdemeanors The Constitu-
ton provided amply for all emergencies. The
theory OF impeachment as borrowed IRON Eng
land was then disconrsed of by Hr. b., aud he
quoted as authorities all the presidents relati We
to impeao hinent, both in this country and in
England. He quoted from English authorities
to prove that the Executive Is clearly subordj-
nate to the two houses OF Parliament II W.
held in a case peculiarly applicable 20 the pres
eEt case, that the removal Of meritorious OIL.
Ger was sufficient cause for impeachment.
The Managers claim and insist that this trib.
unal has not the character attributes of
court, and that only IN this particular case is
the Chief Justice of the United States called in
10 preside over II. He contended that in all
other trials the Senate sits as the .Senats and
just because the Chief Justice is presiding now
that Ii becomes court. The fact that Senator's
are required TO take an additional oath or af.
fImatlon does not change it. The analogy
drawn between the Senate and the House Of
Lords will not hold, because until very lately
the House OF Lords assumed TO exercise juris-
diction over all crimes committed in the United
kingdom. This Senate, as sitting nOto, is a con.
stitutional tribunal for the trial Of Andrew
JOl nson, President Of the United States, for
hiP b Crimes and misdemeaaors.
He alluded to the case of Senator Smith, of
Maryland, who, as member of the House.
voted TO impsach Judge Pickering, and who
asserted his right to sit as q member of the
Senate on the trial, and after a lengthy discus.
sion the Senate decided that he was entitled to
SIT that a State should not be deprived Of its
Representative. The Managers now MAN.
tanned that no right Is held in any one TO chal-
lenge any Senator on this trial He further
quoted from the cases OF Judge Chase and
Peck, to prove that Senators had sat in the trial
VINO had, as members of the House, voted for
the articles OF Impeachment. In the trial of
Ann Mullen, her father, Lord Rockford, and
her nncle, not only sat on her trial, but had
voted her guilty.
Mr. Il. further cited numerous precedants to
prove that in trials not only interes. ed persons,
but blood relations sat on the trills Of accused
parties. He would not trouble the Senate with
these minute details but for the fact that par.
tai and improper statements had been pub
llsEed in the press as TO the right of a Senator
lMr. Wadel to sit on this trial These obJec-
nons had been raised by parties who did not
understand the merits Of the case at all. The
Managers considered 1t the bounden duty of
this Senator to SIT this trial, he had no choice
IN this matter, il was the right of his State.
Mr. Is. then read from letter of Hon. Reyeriy
Johnson, in reply 10 an invitation TO address a
publle meeting, and that he Mr. j. supported
the President in the difference which had
sprung up between him and Congress. He Mr..
b maintained that by the expression Of this
opinion, Mr.. johnson might also be deprived
fiom sitting ON the trial if challengers were to
be resorteu 10.
Mr.. b. then recited the articles of impeach-
ment II would be- shown by the testimony of
Mr.. Binley that Thomas had said he intended
to get possession of the War Office by force, and
that he invited Mr. Binley To attend, which
that gentleman did, but the show did not come
on, Thomas having been arrested and held to
bail. ltwould be further shown that a notice
had been served on the Secretary of the Treas
ury 10 honor the acquisitions of Thomas for
money. The House of Representatives and the
people have joined issue with Andrew John
son rs TO his right TO act as he has done. Ii,
alter full examination of the facts, II shall be
found that he has the right, let HIM 90 Free but
if not, let him be hurled from his high place.
This bill which he has violated received the
renewed sanction Of both the Senate aud House
of Representatives after a full consideration Of
his objections. Ii he is to be allowed to exer-
else this dangerous power Of removal, where is
II to ind Does the Constitution invest the
President with all the executive power which
is enjoyed by kings and the rulers of other ma.
tons II so, it has been much more liberal to
him than to the legislative branch of the Gov
ernment. The executive power Of appoint
ment is clearly limited by the words Of the Con.
stitution, which renders the consent of the Sen.
ale necessary. The power which he has assumed
to exercise Is kingly. The power of removal
WAS very slaborafely debated IN the First Con.
gress, on the bill to create State Departmen MT.
so framed as TO imply the power of removal in
the President; but the triumph of It's supporters
was shOrt.liyed, for when II came to the House
on motion Of Mr.. Benson, the provision imply.
ing the power OF removal in the President was
struck out 1t went back TO the Senate: but as
no means Of knowing what did take place. but
we learn from the journal that this provision
implying the power Of removal was retained
by the casting vote Of John Adams, the
Vice President. Alas! aimest all our woes
NotwitSstandins W this. the facts asSissSss snow
that the President made no removal
without notifying the Senate. Mr.. Adams re-
moved Mr.. Pickering BY nominating a succes.
sor to the Senate. None Of the early Presi
dents had ever attempted TO exercise the unlim-
ited power Of removal now assumed by the
present occupant Of that Char. ConSresS has
always legislative power in reference 10 re.
movals from ONCE, sometimes In one wav and
sometimes In another. Upon the whole nsver
until now has the exclusive control over an
BY the President or BY Congress. srsS"-T
In tQ1k tia uoverp a. th0 Pr eGidauf -. -