The New York herald., 1868-04-23

fains the statements made in the opening argument
OF Manager Butler, in support Of article nine The
facts i'm regard TO General Emory's interview with
the President then well known 10 the Managers,
and the argument and view presented In the opening
contain all that is necessary 10 be said upon that
article. II may be added, however, that although
the President the 22d had obtained from General
Emory what he now says was the purpose Of this
interview knowledge OF the number and assign
ment OF troops in the city Of Washington vet on the
following day. Sunday the 23d OF February, he had
an interview with General Wallace, apparently for
no other purpose than TO get from him the
same Information, which, on the preceding
day, he had received from General Emory
punishment that we arraign Mr.. Johnson fol
words spoken in Washington, Cleveland and ST.
Louis. We do not arraign him for the words spoken
but the charge in substance Is, that man who could
utter the words which, as is proven, were uttered
by him. is unit for the ONCE he holds We claim
that the common law OF crimes, as understood and
enforced by Parliament In cases OF impeachment,
Is IN substance this: that no person in office shall do
any act contrary to the good morals OF the once;
and that when any oficer is guilty Of any act con.
trary to the good morals Of the office which he
hods, that act is misdemeanor for the purpose OF
impeachment and removal from office.
The gentleman, after reading extracts from the
Presidents speeches. said there was no doubt about
was declaration made in accordance with fixed
design, and the evidence indicates such. HIS words
at ST. Louis were blasphemous and cannot De agra
waited by anything which his counsel may oner.
Upon these facts the prosecution call for conviction
on the indictments set forth in the tenth article.
HIS OPPOSITION TO RECONSTRUCTION.
Upon these facts, thus proved, and the views pre-
sented we demand the conviction of the respondent
of the misdemeanors set forth in the tenth article.
Article eleven sets forth that the object OF the Pres
dent in most of the offences alleged IN the preceding
articles was to prevent the execution OF the act
passed March g 1867, entitled Gan act for the more
efficient government OF the rebel States" 1t is well
known, Officially and publicly, that on the 29th Of
May. 1865, Mr.. Johnson issued proclamation for
the reorganization of the government of North Caro-.
lina and that that proclamation was followed by
other proclamations, issued during the next four
months, for the government Of the several States
which had been engaged in the rebellion. Upon
the death Of Mr.. Lincoln Mr.. Johnson entered upon
the office of President in a manner which indicated
that, in his Judgment, he had been long destined to
fill the place and that the powers Of the office were
to be exercised by him without regard to the other
ton of the 29th OF May and In all the procamatons
relating to the same sabject, he had assumed
that tina ,ad n his s,aies ee as for President h he was
deciding whether under the constitution the govern
ment of State was republican in form or not
although by a decision OF the Supreme Court 1t is
declared that this power is specially vested In the
two houses of Congress. In these procamations he
assumed, without authority OF law, to appoint, and
he did appoint Governors # the several States thus
organized. In fine, between the 29th Of May, 1888,
and the assembling OF Congress in December Of that
and territory of the eleven States which had been
engaged in the rebellion. On the assembling of
Congress, in the month Of December, he informed
the Senate and House OF Representatives that the
Union was restored, and that nothing remained for
the two houses but severaly to accept as Senators
and Representatives such loyal men as had been
elected by the Legislatures and people Of the several
States. Congress refused to ratlfy or TO recognize
those proceedings upon the part OF the President
legal or proper proceedings and from that time for
ward he has been engaged in various projects for the
purpose Of preventing the reconstruction Of the
Union on any other plan than that which he had In
augurated. In the execution OF this design he
attempted to deprive Congress OF the con6decne Of the
people OF the country hence II was that among other
things on The 18th day OF August 1865 at the city OF
washington, as set forth in the tenth and eleventh
articles, he did In public speech declare and affirm
IN substance that the Thiry-ninth Congress of the
Congress- authorized
constitution to exercise legislative power under the
same; but, on the contrary, was Congress Of only
In the further execution OF his purpose to prevent
the reconstruction OF the Union upon any plan ex-
ccpt that wiuch ne had lnaugurated he attempted
To prevent the ratification by the several States OF
the amendment 70 the constitution known as article
fourteen. By the constitution the President has no
power to participate in amendments or in PROPOSE
tiOns for amendments thereto; yet, avaing himself
OF the circumstance OF the passage OF resolution
by the House OF Representatives on the 18th day OF
June 1885, requesting the President TO submit 10 the
Legislatures OF the several States the said additional
article to the constitution he sent TO the Senate and
House OF Representatives TO a reply which showed
his determination TO throw every obstacle in its way,
which determination was afterwards more fully
exposed by his correspondence with Governor Par
sons and Others
MS PLAN no CONTROL THE ELECTION op 1893.
Pursuing the subject further 1t is easy to discover
and comprehendl dis entire scheme OF criminal am
bition IL no less than this:-TO obtain COM
mand OF the War Department and OF the army and
by their combined power 10 control the elections OF
1868 in the ten states not vet restored TO the Union
The Congressional plan OF reconstruction contained
an essential condition the extension OF the elective
franchise TO all loyal male citizens and the exclusion
rom the franchise oil "a portion Of those who had
been most active in originating and carrying on the
rebellion. The purpose OF Mr.. Johnson was TO limit
the elective franchise TO white male citizens and 10
permit the exercise OF II by all such persons without
regard TO their disoyaty. II he could secure the
control OF the War Department and OF the army IL
would be entirely practicable and noI only practi-
cable but easy for him IN the coming elections
quietly TO inaugurate policy throughout the ten
former rphpis IA
the military support OF the Executive here, ana by
the military forces distributed over the South, would
exclude from the polls every colored man. and 10
permit the exercise OF the elective franchise by every
white rebel. by these means he would be
able to control the entire vote of the ten
indeed by the force OF the facts, he
would be able to secure the election to the Demo
cratic National Convention OF delegates favorable to
his own nomination TO the Presidency. The vote Of
these ten States In the Convention, considered In
CONNECTION th the fact that he and his friends could
assure delegates from other sections OF the country
that, II he were nominated, ne could control beyond
peradyenture the electoral vote of these ten states,
would have secured his nomination. This he conf-
dently anticipated. Nor, indeed, can there be much
doubt that tins scheme would have been successful
but II was apparent that there was no possibility OF
his obtaining the control Of the War Department and
OF the army unless he should disregard and break
down the act regulating the tenure of certain civil
Offices, passed March 2, 1861 IT, however. he could
annu or disregard or set aside the provisions Of that
act then the way was open for the successful con-
summation OF his plan. With thousands and tens OF
country, depending upon him for their offices and for
the emOuments 81 their Offices, he would be able
exert large Influence If not absolutely TO control
the nominations OF the d,mocratic party In every
state In the Union. With the War Department
Ia his hands and the Tenure OF ONCE act
broken down, he would be able to remove General
Grant, General sherman, General Sheridan, or any
other officer hgh or low. who. In his opinion or
upon the facts might be an obstacle In his way
With the army thus corrupted aud Inundated It's
trusted leaders either driven from the service or sent
into exile in distant parts OF the country he wonld
he able TO WELD the power of THAI vast organization
for his own personal advantage.
Under these circumstances II was not probable
merely, but IL was as certain as ANYTHING in the
future could be that he would secure, nrst the nom
nation OF the democratic party In the national nOmi
mating convention, and, secondly, that he WOut
secure the electoral votes of these ten states rh,
being done he had only to obtain enough votes from
the States now represented In Congress to make
majority OF electoral votes, and he would defy On,
House and senate should they attempt TO reject IN,
votes of the ten states and this whether those State
had been previously restored 10 the Union or not
contest with the two Houses he and his friends an
N Hpnarfmpnf.