New-York tribune., 1868-03-31
purpose IL Is generally thought that Buffers argu-
ment is unanswerable, and that it has immeasuraDly
strengthened impeachment.


Associated Press RepOrtl
Mr. Butler commenced his opening speech at aqusrter
before l o'clock.
ARGUMENT BY THE HON. BENJAMIN r. BUTLER.
Mr.. PRESIDENT AND GENTLEMEN OF IiiE oEsAIL' Inc lne
onerous duty has fallen my fortune to present to YOU
mperfectly must the several propositions OF Iact
and the law upon which the House of
the President Of the United States now penng az your
Tho high station Of the accused the novelty Of the
proceeding the gravity of the business the importance
Of the questions to be presented % ITO Sp SS and al
must plead for to claim your attention Ior as lons
time as your patience may endure: q, the ucr,d bas
nation brought before its highest tribunal JUS On e OK
ecuve magistrate for trial and possible depoo ITo
and duties Of that office In other times and IN 9sher M
lands has been found that Soun ner H1 so e
stiiona even have found 10 mGae Sy cy
aud framework Of the government itset And, but
recently in one OF the most civilized and powerful gov
ernments OF the world from which our own institutions
have been largely modelled, we have seen nation SUP
nit for years to the rule OF an insane ~, he g ''
Our fathers more wisely founding our g0Sernmens e0
have provided for such and az similar @ s cons
tutional provision that the President PRESIDENT
from Office on impeachment for and conviction of treason
bribery, other high crimes and misdemeanors Ihe
Constitution left nothing 70 lm2neaon elther hs az 70 % is
nal before which or the oenses for which, or the manner
which this nigh power should ne exerclseu;
al are provided for by express words OF imperative CON-
mand. .f g. !. -r5 sf.g. tl.t
the Senate only shall ty and In ease OF conviction the
Judgment shall alone be removal from office and disqua
itcation rrom office one or both, These mandatory pro
dnre of the mother country 10 the institutions OF the then
infant Bas hse .ns ssat tsa S n the Of
fenses noapacities which arc the groundwork OF l
Tn wa. S Te aons % In the
task OF anticipating aud providing for by positive enact
sin by which the liberties OF people and the safety OF
nation may DO endangered from tho imoeelty, eonup
tion and unhallowed ambition OF Its rulers, t d.
nay not unnsruetye to observe that the trainers
Of the Constitution, while engaged IN their glorious aho
trust everendurng work had their attention IA aroused
topic. In tho previous year only MI Burke, from his
place In the House OF Commons In Engand had preIerred
three days before convention SAT he was ipeacned
the bar OF the House OF Lords for msbehavor IN once
the ruler Of people whose numbes were counter ny
millions. The mails were then bringing across 1he Aah
tic week by week the eloquent q SgTse tqe
behalf Of the oppressed people OF india against one VINO
not have been that the trial progress was the
ternng why the trainers OF the Constitution ct
the description OF 0eDses because or which the conduct
OF an officer might be inquired dehued by tho laws
and usagos OF Parliament as found n he eceuen.s OK
the mother country with which our 1athefs were rs Ia
mliar are with our owni
WHAT ARE TMPEACHARLE oFFENsEs
In the light therefore, of these pecedents the question
arises what inpeaehatte oses under the provisions
Of our Constitutional t.l -.
Is work rather for the cloet than the forum In order
therefore, spare your attention have preferred 70
state the result which have arrived and tnat you
NAV see tho authorities and discussions, both IN this
country and In England, from when we ueduce our
propositions far applicable 10 this case pray leave
10 ay before YOU at the cose OF my argument brief OF
all tho precedents aud authorities upon TINS SUBJECT III
both countries for which am indebted TO the exhaustive
aud learned abors OF my friend, the honorable William
Lawrence OF Ohio member OF the Judiciary committee Ok
the House of Representatives. III which fully concur and
We deane therefore an impeacbable high crime mis-
demeanor ia its mature consequences sttoreStre
or some Fundamental or essential principle OF gorntmen
or highly Preigdeia 70 ne p.tcnc interest a,d xs nay
eGs e aa or dv ~ S'e e @e eo@a or omitted or
pO violating postfIse dtc 0y me Gose o o,Scretoft-
airy poeeTs from Improper moees' orJrom ong"'PropT
The arst criticism which will strike the mind on cur
sorry examination OF this definition Is that some OF the
enumerated acts are not within the eoinmonlaw deni'
ton OF crimes IL Ia but common learning hat 10 the En-
ssh precedens the words high crimes ana nisdemean
orsD are universally used any mayersatlon In office
highly prndca To the pablo interest or subyersye of
safety OF pcopic may be In danger, Is high crime
against the naton the term is used In parliamentary
Halam In his Constitutional History OF England, GER
tanly dednces this doctrine from the preeedens ard
especially Lord Dandy case IL State Trials co., OF Which
h. Commons 10 Dandy sr.. way toward
Aoss pleading SSs;Re9 % 70 the or s', % q b, ;9y.Tssn Ne
ang tie Crosn well for ksIr a and thu' the eIseusve
Oh. soPSsendsu~ aud virtual control Of tie two houses Of
; Mt Christian. in his notes 10 the Commentaries OF
Blackstone explains the coocstion and use OF the words
hugh Ormes and S ssS by sayi9g
e9oas By peaelmss The rer Ags crimes have no definite &
like Interpretation must have been. given by the
trainers of the Constitution because like definition 10
ours was the mind OF Mr. Madison, to whom moro than
TO any other we are indebted for the phseooy of cur
Constitution, for In the first Congress- when discussing
ns 70 aa aesSps s before ts m
this moment, he uses the following words:
nsinly h that the President dspas
should continued
The a place. be v 70 & ey ss HOnss % asn a. s o.
e EOut subject him and removal from bis eva high
Strengthening this view we ind that within ten years
afterward impeachment wac applied by the very men
which under no comnonias definition Could be Justly
called crimes isdenearors, either high or low Ieav
sustained by The authorities we furnish we are naturally
brought TO the consideration OF the ethQd OF the pro-
peaehet @ and the Character and powers Of the tribunal
by which high crimes and misdemeanors are to be ad
'1's'' ' Is Tns SENATE A ooURTi .e,.,5
One Of tho important questions which meets us at the
derstood 60 far as relates to the rights aud duties Of
court and jury upon an indictment for erine ls II
The Constitution seems to have determined II 70 be the
latter because under rs provisions the right to retain
judcsted aI preliminary inquiry being carried on solely
10 determine that question aud that alone 1 d. saf
not IN the 10 which tho wv WORD Is U used By
Again. as q correative Queson: .L -r ,trl n
Is this body now sltnB 10 ueerne tno accus3ton OF
the House Of Representatives against the President of
the United States, the Senate OF the United staes, OF
Court Z ..' p, g., .-... ..-. ID -.. f.l.
trust Mr. President and Senators, may be pardOned
for making suggestions upon these topics, because
to n these questions not OF forms. but Of
substance II this body here Court In any
contra distinguished from the Senate then agree that
many all the anaoes Of the procedures OF courts
must obtain that the commonaw incidents OF trial In
court must have place that you may be Donno IN your
aud adjudication By the rules and precedents
OF the statute law that the interest bias or
preconeeived opinions or afnies to the party OK the
Judges may be open TO inquiry and even the rules OF
order aud precedens n courts shond have enect that
the Of the House Of Representatives must con-
form to those rules they would be applicable to public
private prosecutors OF crime IN courts and that the
eases that he may only be convicted when the evidence