The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-25
CONGRESSIONAL PROCEEDINGS.
THE COUsT OF IMPEACHMENT.
SENATE.

! Llce CnaSe stated that the first business was
/ the order offered for consideration yester-
\ day by Grimes, that the hour for the meet
I ing OF the senate snail be Il o'clock. The
7 order was adOp ed by p against I3.
Edmunds Offered an order to admit off,
/ clal reporters to report the speeches. On
the final deltberatiOn of the senate, it was
under the rule.
Nelson resumed his speech. and con-
cluded h1s argument of yesterday in sup
port OF the proposition that no offenses
! are i'm peachaDle, except those which were
deemed crimes and misdemeanOrs By the
common Law at the time the Constitution
was framed.
Referring to the portion of Boutwelrs
speech which illustrates the Presidents
alleged perYerse nature by his treatment
OF a gentleman who was TO have been one
OF his counsel, Mr.. Nelson made a state
ment that Judge Black withdrew from the
case simply because the President refused
10 send vessels to seize Ala Nela-a refu-
sal made on the ground of public duty,
against the solicitations of friends and the
implied threats Of enemies.
Quoting the expressions of Boutwell,,
that the advice given to the Presiden. by
his Cabinet was that Of serfs to their lord
or counsel, offered ia fear of losing their
places, he reminded the Mana gers that
they had put IN evidence q message which
showed IN AZ their friend stanton had
prOnered the advice thus characterized,
and that ne now might cry, save me
nom my iIlends!" as they had made him
out servile serE
Mr.. Nelson allrded briefly to the high
commeudaton at the President written
ness of the fact that the President Is only
now impeached Tor Offenses against the
defunct Thirtv-ninth Congress.
Nelson proceeded consider the articles
of Inc peachment separately. He held, in
the nrst place, that there was adistinctiOu
made Dy both common and statute law be-
tween a crime and an attempt to cOmtzit
a crime, and as the CHil Tenure bill re-
lateS only to actual removals from office
and the President having made none, the
charges made in most of the articles fail;
but accede from this objection, which,
though technical, should still be claimed,
have weight, he would maintain three
propositions. namely: That the Tenure
OF Office law is void; II it Is not, Mr.. stan.
tons case is not covered by it; and that
even IL II is legal and applicable, the
President Is not guilty Of crime, b cause he
acted from iaudabls motives. He quoted
at great length from the debates on the
formation OF the Constitution and the pas
sage OF the Act of 1883 and numerous legal
authorities to show that the question Of
the Presidents power OF removal was def
n1teIy settled by the action of Congress at
that time, and claimed, therefore, that he
had grounds for honestly forming the
opinion on which he acted, from the Con-
stttutiOnal requirement, that the Attorney
General is to furnish the President with
opinions in writing. and the fact thar suef,
opinions are collected and bound
by the authority OF Co igress.
Mr. Nelson argued that they have a
quasi auth oritatiVe character for the Presi-
dents action. He then cited large num-
Der OF opinions Dy various Attorneys GEN.
eFal since bne formation Of the Govern
ment, in which they place the same con-
struction on the law OF 1873, and express
the same views regarding the power OF re-
mOval as President johnson. He referred
also to the opinion of Mr.. jefferson to the
action OF President Jackson, and that
of the senate IN expuuging its resoluJOu
OF cenSure on aim, and then reca pitulatiEg
the authorities and precedents for Mr..
JOhnsOn's course and policy; insisted that
the presumption of honest intent was
early made tact. He next considered
he position that Congress mas by impnca-
JlOn superior power 10 the Executive, and
maintained that no greater powers were
gran ed in that way to the Legislative than
to the Executive branch Of the Govern
ment.
At this point the senate to recess Of
fifteen minutes.
on reassembling. Nelson continued the
citation Of authorities in support of the
Presidents views on the question OF his
power OF removal, and proceeded to argue
that the President had the same power TO
o0nstrue acts OF Congress as Congress itself,
again supporting his Views by numerous
quotations. All the preceding argument, he
held, proved the tenure of office law un-
constitutional and void. At considerable
length Nelson then elaborated the propo-
sitiOn that no charge can be maintained
which does not allege a criminal intent,
which he said was not done, except in the
nth article Ia the course Of sis remarks
he spoke of the friendly embrace or Mr..
stanton and Gen. Tho mas, and the equal
division of the spoonful OF liquor between
them, rs the most remarkable exhibition
OF force on record LGreat laugPter.] And
while euIOgizing. the honesty and simple
ity of Gen. Thomas. he explained mis-
language to Mr.. Burletgh and others. as
caused not only by pride of ONCE, but by
the enltvsning effect OF the good liquor
supplemental battle.
He proceeded to give a numerous and
sat1rical account of the a rest and subse
q uent discharge Of General Ihomas ridi-
culIng the idea that any one believed he
designed to use force
Passing to the consideration of the Sec
Ond and Third Articles, he adOp ed the
statement in the Presidents answer as a
ufficfent reply to them. With ard 10 the I
WI
to Ob. ain possession of the War Office by
1numl taUOn and threats, ne claimed
that Il was not covered by the Act of 1861,
which he 81 ritued was Violated.
The Fifth Article, alleging the intended
emp oyment of force he held was not sup
The SIX h in which violation OF the
Tenure-Ot-Ofice Law is also alleged, he
considered he disposed OF, by the argu-
ment of the acOnstitutiOnalitv of that law.
The seventh Article was passed over
with oenials that the Presidents oath Of
office was violated by the OHenSe charged.
The Eighth Article be met by the argu-
ment that the alleged endeavor to obtain
possession Of monies in the War Depart
meut. even If made, was not in violation
OF the civil tenure law, as stated
Win reference to the Ninth Article he
held that the President was IN the line
of his duty when conferriDg with Cen
eTul Emory about the disposition of forces,
and hat no evidence whatever had been
aduuced 10 prove that his purpose IN that
interview was evil
Considering the Tenth Article, he claim
ed Iha II was based on the principles
which uuderiie the SedItiOn law, which,
ever since It's passage, had stunK in the
nOslrlls OF the American people. He held
JnaU the President had followed the exam
pie OF certain N IN Ders of Congress in dis
regarding the amenities OF expression,
ana was eXcusable for using strong lam
guage in reply 10 the abuse which had
been heaped upon him.
Nelson insist q Jnat the preservation OF
Inc right OF freedom of speech was IudIs-
psnslDIe 10 MAINTAIN our liberties. After
pIieI consideration of the eleventh article,
which he ; Id was sufficiently answered