Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-24
IMPEACHMENT.
WASHINGTON, April %, 1868.
SENATE.

| Mr.. GRIMES offered an order That the
court meet hereafthr at II, but being OBJ
jected to, it was laid over.
AT 11:20. Mr.. BOUTWELL, resumed his
| address. When Mr.. Boutwell, had conclu-
ded, at los, -
On motion of JOHNSON. the court took
recess of fifteen minutes. ~ 81
On re-assembling at 1:40,
MIR. NELSON took. the floor aid deliver
ed an eX-temproe address. After alluding
to the magnitude of the case and to what
he deemed his own inability properly to
treat it, he said he should consider many
points which, though not rightly belong
ing to the case, required attention, because
| they had been introduced by the managers.
he referred to the charges OF evil nature,
wickedness and detestable character which
had been brought against the President,
which so far had remained unnoticed by
| his counsel. The President was accused of
being everything, from political criminal
| to common scold. These accusations,
stigmas and aspersions he intended to ex-
anime.
Mr.. Nelson then asking, "who is Presi-
dent Johnson?" proceeded to sketch the
Presidents early lie and career, and pass
ed high encomium on his patriotism and
| public services, referring also to the fact
that his neighbors and those who like him
self (Nelson) knew him best, sustained him
| and believed him innocent.
Mr.. Nelson felt that he was not address
| ing Senators or politicians, but judges
whom he begged to rise above prejudice
or party considerations, and do impartial
justice.
Referring to the immenss outside pres
sure, which it was impossible to conceal,
unworthy persons and journals sought to
bring to bear upon them, he said he was
confident that they would repel it with in
dignation. 1t he could believe that the
result of the trial was foregone concu-
sion, humble individual that he was, he
would scorn to address them. He asked
them, as far as possible, to put themselves
in the Presidents place, and to judge of
his feelings, and motives, and intentions, a
privilege accorded to the meanest criminal.
Citing a resolution declaratory OF the
purposes of the.war, which was introduced
by Senator johnson, just after the battle OF
Bull Run. and was passed by Congress, and
still remains unrepealed, he claimed that
the President had acted upon and still
maintained its principles. He argued that
President johnson, after the surrender of
Gen. Lee, endeavored faithfully to carry
out the policy of his predecessor, which
was based upon that resolution.
Although Senators may conscientiously
believe he was wrong in his actions re-
garding the formations of new State Gov
ernments, they must admit that there is no
express provision in the Constitution for
reconstruction, and that the President had
right to his own opinion, more especially
as peace had not been fully restored and
the necessity for prompt action was press
ing. Honesty and integrity of motive,
must, in charity, be presumed in such a
case.
Referring to the recognition by Congress
of State Government in Virginia, formed
without the passage of any reconstruction,
he claimed Congress had also justified the
Presidents policy. Congress mad also, in
the act of March l, 1867, dated the cessation
of the war from August, 1866, the time
fixed in the Presidents proclamation, thus
recognizing its validity, and also he (Nel-
SOM claimed the fact that the rebel States
had not been out of the Union.
Having thus endeavored to dispose of the
charges of usurpation, &c., based on the
Presidents conduct in former years, MIR.
Nelson said he would consider the impor-
tant question whether or not this body is a
court. He denied that authority or prece-
dent was to be found for its guidance in
Parliament. except in the same way that
history was to be consulted.
This is the tribunal of the Constitution.
Mr.. Nelson then quoted from debates on
the formation of the Constitution, in sup
port of his view that the Chief Justice was
called upon to preside as judge, and was
expected to state the law and also decide in
the first instance upon all law questions
which arise. He further contended that
the use of the word "trial,'' in the Consti-
tutiUnal provision for impeachment, shows
the judicial character OF the Senate at that
time.
| He proceeded to characterize the propo-
sitions advanced by the managers that the
Senate was bound by no common or stat
ute law, but was a law unto itself, and that
common fame was sufficient evidence and
| ground for its action, as a startling decla-
ration, fraught with danger to the coun-
| tTy. He held they must consider their
case as being lame if forced to receive evil
dence on common fame, which the old ad-
age says is a common liar. In the lowest
courts and by courts alone are justice and
| equality maintained. No such claims would
be advanced, and their very Oaths showed
that they were bound by the laws.
! He denounced as morally improper the
considerations put forward by the mana
gers, that the people of the country de-
manded conviction, and that the public
pulse beat fitfully while they delayed it.
MIR. Nelson discussed the meaning of the
term treason, bribery and other crimes and
! misdemeanors. He held that at the time
| of the formation of the Constitution, trea-
son was punishable with death. while bri-
| berry was not the word.
| Crimes must be construed with the for
mer, and the word misdemeaner with the
latter. Hence no offence is impeachablt
| that is not a misdemeaner OF the class tt
which bribery then belonged.
| AT this point, at four O'Clock, on motion
| of Mr.. Yates the court adjourned, and thu
Senate also, after brief legislative session