New-York tribune., 1868-04-30

Senator JOHNSON objected and the order went over.
Mr.. BUTLER-Mr. President: Shall these orders which
have been read be placed on the record
The CHIEFJUsTICE-The hiefJustice s unable to
that question. He takes ii for granted that
arrangement can be made without the consent OF the
Senate.
Mr.. NELSON-An that desired to do was this: told
the honorable Manager he could have the provided he
returned the originals TO me. am perfectly willing that
The counsel then sent the letters Mr. Butler by page
Mr. BUTLER, drawing back ind dgnantly-No, Sir
Mr. NEISON-I will deposit them with the Secretary,
Mr. BUTLER-Let the originals go on file.
CONTINUATION OF Mr.. RvARTss ARGUMENT,
Mr. EXARTs took the floor in continuation OF his argu-
Mr.. CmEFJUsr1cE AND SENATORS: II, indeed we
have arrived at settled conclusion that this is court
that governed by the law that 1t Is to eonne s
attention the facts applicable 20 the law, and regarded
solely supposed facts TO be embraced within the tes
mOny Of witnesses documents produced IN court We
your further consideration much that has been pressed
upon your attention heretofore II he idea OF power ~
and will is driven from this assembly u the President is
here longer exposed 10 attacks on the same prhcpe
that claim to limit the hunt and harpoon the whale
then indeed, much that has been sald Dy he @
Managers, and much that has been urged upon your
midst IT cannot be said in this Senate IrtW h,tmers
geS sOs that IL is caused by numbers and unrestrlned
and Won are as its servants in this investigations here
1t follows from this that the President is 10 be tired on
fame Least OF ALL ia he to be tried IN your Judgment as
he has been arragned. hour after hour upon charges
impoaching authorities in the House or Repre-
sentatives deliberately threw out as unworthy OF nm
parchment and unsuitable Tor trial We, AT ia. , WIen
indictment ignored and thrown out TO be tried the
former the latter and it, on the 9th OF Dece-
ber last the House Of Representatives, with which by
the Constitution rests the sole npeachlhg power uhue
9S & Sy b vote make Si mo U the 10 0 aammaoy
addresses the Managers 1t is enough for me TO say that
Representatiyes those charges we're thrown out SO,
if this be trial public prosecution, ana wth the
ends of public Justice alone IN Vlew the ordinary rules
for the restraint of prosecuting authorities apply here
And do not hesitate to say that tins trial. to be IN our
scrutnzed by professional by the attention OF
scholars at home aud abroad. 10 be preserved in
more libraries, to he judged OF as national uait,
and national criterion for ever presents the
unexamped spectacle of prosecution which overreaches
judgment from the very beginning and nVades. I'M
pugns, and oppresses at every stage the victim which u
pursues Now, the duty of constraInt upon prose
ouung authority under government OF law pursuing
only public justice is scarcely less strict and severe
than that which rests upon the judge himself TO select
evidence that notperinent to exclude evidence know
ing that 1t turns upon the inquiry restrict evidence
knowing that the field is thus closed against the true
point OF justice, is no part OF prosecuting attorneys
duty power, whatever may be permitted IN the con-
cOntendng clients; there is such authority no sucn
duty, such permission for public prosecutor. much
less when the proofs have been thus kept narrowed
When the charges are thus precise and technical s
permissible for prosecuting attorney to enlarge me
Court preindice and extrayagant jurisdictions Now it
has usually been supposed. that on an actual trial In
vOlvDg serious consequences forensic discussion was the
true method Of dealing With the subject and ana we
Mr. Manager Butler has been, polite enough
sharpened but not enlarged their intellect" have con-
fined ourselves TO this method OF forensic discussion
But have learned that there Is another method
of forensic controversy which may be called the method
of conclusion. Now understand the method OF concus-
object Of attack whereas the method of discussion is TO
penetrate the position and II successful capture IT, The
Chinese method of warfare is the method o concusslon
and consists of great blowing of rumpets sounding OF
gongs and shouts and sheks in the neghbofhood OF tho
the air is freer the effect Is to be watched
for But 1t has been reserved 10 us in our modern
warfare ms illustrated here the Rebellion TO present
more singular and notable instance OF the method or war
fare NV cussonran has been known before; fort
mpeCDabe by the methods Of discussiOnthat OF pene
trating and capturing ithas been large scale at
tempted captured by the method Of concusson and
hundreds OF tuns OF unpowder placed IN yessel
near the walls Of the fort has been made the means
to the conclusion of this vast experiment Dissatisfied
with that trial. and It's results the honoIaple Man
ager who opened thiscase seems to have repeated
the expeTlmeRt in the VICINITY aa leS % uts cnibets
the dome shook with invcctive. Wretchedness.
misery suffering and blood were made inc means .u
OF this explosive mixture, ahd heIe, we are I SUI,
viyg cOncusson and after all reduced to the humble
attorneys whose ntellects nave not peeh shipeeo D.
enlarged by the practice OF law" lGeneiai ahd con,
what constitutes inueachabe ofenses within the true
method and duty of this solemn and unusual procedure
Managers was TO make this inquisOn OF Oihce In
stead Of trial Of personal and constitutional quit II ~
throughout for instead of the solemn precedents
and more dgnded authorities and duties which belong
very thorough and well considered suggestion OF wnat
constitutes an impeachable onense. Let me ask your
high m!sdemeanOr 10 be one ITS nature or con
sequences subvcrsve Of some fundamental OF essen
to the public interest And this may consist of Viola
ton Of the Constitution, Of law an Official OATH or dhy
Nv an act committed or omitted, without violating
positive law, by the abuse OF discretionary powers from
included in that situation The act must be subyersiye
OF fundamental or essential principle OF govern
nnsf proye from Improper motives for improper
purpose Now that was intended IN the generality Gi s
terms avoid the necessity OF actual ana positive
crime But 10 has given MS IN one regard everything
that was needed TO show what an hnpeaehabe ohense
fying terms is in making them the substance
OF the crime, instead OF the condition OF ihe pee pee
cabilty. You must have the crime defined under
the law and Constitution, and even then ~ Is not
impeachabe unless you affect 1t with some Oh tnesG pun
In this definition by the learned and honorable Manager
Managers Of the House OF Representatives, IN lhe case o
the impeachment Of Judge Peek Mr. EVarls Ieau m m &
Managers in the case Of Judge Peck to the effect that the
Managers bound to prove tbat the IespOhusnIaau
aud had committed misbehavor IN once. ne @ ALSO Leu
from BuTkes Invectiye, in the case OF warren hans
misdeeds such as good men might iai mo ana
which might produce pernicious effects. without
allowance ought TO be made Tor human intTmlty
aud for human error, and that the crimes
Errors common to human fralty could be atoned for
but not ofenses having their roots IN ayarlce ins9
need not insist on the very definite, concise, and effect
i've argument of the learned counsel who opened this case
Constitution prohibiting post factO laws and bills OF
attande But it is essential here that the act charged
shall have what crime against the Constitution and
against the law and then that that crime shall
have those public propositions which indicated Ia the
definition Of the opening Manager and those traits OF
freedom from which belongs In the language OF
Mr. Burke TO an arduous public station You will, then,
perceive that under this necessary condition. either this
Judgment must be arrived at that there Is no peach
able Ofense here which carries with 1t these conditions,
else that the evidence offered on behalf OF the re-
spondent which 10 negative, which was to counter
vail, which to refute all these qua1tca-
tions should have been admitted when "a Court
like this las excluded the whole OF evidence rea
ting 10 the public character OF the accused and TO the
dcutes Of an arduous public station. IL must have
determined that the crime charged does not partake Of