The New York herald., 1868-06-02
European Opinion of the
Senate's Verdict.
Dangers of the Radical Party Move and
"AScendancy" of Congress.
Entire Superiority Of American
Institutions"
English Opinion.
From the London Times, May Is. |


dent Johnson was taken on Saturday, but in a very
unexpected manner Instead Of beginning with the
FIRST article OF charge and dealing with the rest in
order the Senate began with the last and having dis
missed that article by majority OF So TO 10, ad-
Journed until the 26th without voting upon any other
at does not clearly appear whether this decision
amounts to an acquittal upon the last article or
merely to rejection of 1t rreevant but In either
case the effect is the same and the Senate has proved
Itself capable of determining at least one issue In
favor of the defendant. Until we receive fuller de-
tails OF the proceedings, with trustworthy analysis
OF the majority and minority, we should not be justi-
fed in drawing any further inference from the VOTE
which, however, will doubtless produce a great i'm
preston throughout the United States.
Though conducted on the whole with an ability
and patience not unworthy Of its constitutional
gravity, this memorable trial has been regarded
throughout as political struggle rather than as
judicial f1QV General Butler insisted in his open.
ing speech that the Senate was not even to be con.
sidered court of law, and that none of its mem.
bers were disqualified for their functions by preju-
dice This position has been consistently maintained
Justice Chase to ore,Tue oojecons on Joints Of eUf
de'lce and haze not S1unh rom direct appeals to
maintained on behalf of the republican majority in
Congress that resort to prosecution was almost
been their duty to depose the President by some rev.
outionary act no such formality had been avail
aee on Of the me ene hand the moral com
lenged by the counsel for the President on
te ascog ground that in trying him at all for
virtually acting as judge in its own cause. But the
republican Senator's in particular, had far stronger
motives to bias them. since the removal OF the Presi-
dent had long been felt and declared by their chief
organs to be for them political necessity SO violent
sentatves in the Senate that it was Seriously Bro
posed to protect their cOnsciences by adopting the
ballot. In short it was hardly doubled by any one
that President Johnson would be condemned by "a
strict party vote" whatever the evidence or argu-
ments might be. The fact that an Independent YER
A. n1ar
far to rebut that presumption and the adjournment
Tor ten days affords prospect Of the whole case
being entertained upon its merits
. The eleventh article of impeachment which has |
mus been set aside was essentially supplementary in
IT. nature and can only be understood by reference
to those which preceded it, The first nine have been
Shortly but truly described variations upon the
removal Of Stanton" and were founded upon an
act passed last year by Congress the Presidents
veto This act, called the Tenure Of once act was
expressly framed to limit his constitutional rights
aud purpOrted to render not only the appointment
but the removal of Cabinet ministers illegal without
the consent and approval of the Senate In apparent
deavored to remove Mr. stanton from the secretary.
Ship of War and appointed General Thomas by his
own authority, declaring, in a special message to
Congress, that his sole object was to bring
the constitutional validity and effect OF the
ar act within hin the cognizance Of the Supreme
formal reply to the first article of impeach-
ment, which contains the substance Of his whole
science III is there denied that Mr.. Stanton on
the 2st OF February last in lawful possession OF the
War once or entitled to hold against the will OF
was unlawful in itself was issued with intent to
violate the Tenure of Office act or did violate that
tended or committed Upon these points the counsel
on Dotn sides exhausted their utmost ingenuity, the
tie Attorney General and Mr. mr. EWsrts on his nen
tons; the former insisting that he was bound to
comply with de Jacto law, The latter that he owed
q paramount duty to the constitution. The tenth |
article was prepared by General Butler and intro |
ddced at his instance, contrary to the opinion OF his
WISER colleagues. 1t refers to President Jonsons de-
nlnClat0nS OF Congress at ST. LOuiS-denunciatiOnS
which however unwarrantable and undignifed, can |
hardly be construed as a high crime and misdemeanor |
by an assembly which often listens to equally fierce
invectiyes against the President The last article
frarges him with having denied in public speech |
the legislative power OF Congress- especially In 1
gard TO constitutional amendments; with having |
sought to defeat the Tenure OF ONCE act by opposing
Mr. Stantons resumption of his functions and with
having contrived to hinder the execution OF the Re-
construction act and of~he act regulating the pubi
Indictment this was at once the weakest and the most
dnicult to meet. 1t obviously involves more than
one mixed question OF law and TACT, and Is directed
against the Presidents entire policy rather than
a. ains the acts which II specifies 1t might possibly
have contributed vaguely towards general verdict
OF condemnation, but taken by Itself, it could not
be sustained as substantive charge, and was justly
ignored by the Senate.
ouel OF State prosecution on tohtch the political
fortunes or the United States scfu probably depend.
The q7'o,cing ascedancy OF Congress orer the state
LqoiSlatures has been recognized for many years,
ara received a Tresh impulse rom the cirtt tcdr
Mr. Johnson,s trial. which Is without precedent In
American history has now brought to an issue that
conflict between executive and legislative sover-
eighty which il Is the secret OF constitutional govern
nCnt TO keep In permanent abeyance. he IL not &C.
cused Of pecuaton or oppression or any otner enor
nifty such those which have furnished GROUNDS ior
inpeachments in past times, but OF resisting the
onnipotence of Congress. We do not presume to
orer any opinion on the legality OF his con-
hlct but we cannot help seeing that II ne
l. convicted there is an end to the balance OF
power contemplated by the founders OF the american
Mnen @ neS tse Of great oce
they certainly did not intend to give that BODY tne
power OF forcing an obnoxious Minister on tne resI
dent. When they qdpe TIE supreme Court J,trtSdtc-
tion al Ia iatc equity dr5sing under te
constellation, uey cannot hare Joreseen that u tcould
D. possible 10 oust this jurisdiction bp making the
eyercse Of disputed right the subject OF an i'm
eacletlt 1t is not only the President, but the con.
before the senate and the residence OF Mr. Wade for
a short year at the White House would be the least
inlportant consequence OF Mr.. Johnsons deposition
From that moment the President would almost inev-
~ anice ALREADY weakened and discrsdted would
q ase To be the object OF an honorable ambition.
fFrem the London News, MAY 49,
The American senate met ON saturday, according
to appointment to consiaer its veruct out the Avian
tic cable has not brought the shor, ani simple mes
ence that was expected. Presiosnt Johnson II
neither acquitted nor conyctea Gos NJ one gte1p S
impeachmenthas been set aside as not warrantng
conviction while as to those whica remain she ver
DICT of the senate is reserved. Ire meloeas Oh IN
Senate seem 10 regard their work as 100 lmportan
10 be neglected but at the same Vine not 50 uiten
a. TO re9uire 10 be hurried. Evidently no seriou
g, ,nsequences are apprehended from either conva
tiun or an acquittai or we shoad not hear OF vel
DICT being rendered by instanents. The court WI
not meet again until to-morrcw week, wnen ~ WI
probaby see it, way more clearly to dnal decision
Whatever may be the ultimate deiyerance q ll
senate on Mr. JohnsOn's lmpeachinenk tne trialitse
will remain on record as one OF the most renarkdt
O modern times. But 1t IL remarkable cheny ior tn
absence OF that tragic element OF excitement an
danger with which Impeachment trials nave pee
usually accompanied. II Is not every generatlo
which witnesses the trial OF the Ch.ef Mal
istrate OF a great people but the trial which
now drawing TO close might have been quite a
ordinary and commonplace event for any disturb
Ance or even excitement IL has produced outside III
gates OF the Capitol. Business has suffered nottn
legislation has only been Slightly hndered, politics
movements have gone on just the same az before an
reconstruction has progressed with greatly accel
rated movement. Not even within the Capitol hs
there been any revival OF the excitement with whic
The impeachrnent vote was first received in Il
House. The Senate chamber has, OF cours
presented day by day very singular spe