The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-25

against sid AnpreW Johnson, President
~ lie United states, do deny each and
every aVernent q said several answers, or
either of tbs IN, winch .denIes OF trayerses
the act~. intentS, crimes or mlSdeIn aanOrs
charged against SAID Andrew JOh son, IN
s-id 4 e.isies OF impeachment or either OF
them ana for replication TO the said an
swer. q ! say thai the said Andrew John
son, Pre-ident. OF the Unite states, IS
guilty Of the hf-h crimes and misdemeau
T trs MENTIONED in the said Articles, aud
that ta5e said House or Representatives
are ready to prove be same.
spa ding Inquired nom Boutwell, whether
the President lIad denied he was guilty
under the articles.
FarnsWOrth SAID I he President admits
the facts and denies the guilt.
i5palding added that the Managers would
Be met by legal critics ia the Senates and
they would have To ne careful how they
drew up the epIicatiOn.
Boutwell, said the attention Of the Man
sgeTs had been drawn 70 the pecu lar form
the answer was, in substance, that be was
net gully; therefore, the form of Jhere
plicat on was different from that usually
of the articles amounted TO demurrer
merely but on the whole the Managers
had chosen to treat the answer as a plea
of not guilty. The Managers were Of
opinion that no .adYant tage could be Ia ken
as against the House of Representative TO
the form Of replication now reported. He
was willing TO allow an hour for criticism
as TO the form of the eplicauon.
woodward wished to call the attention
OF the Managers to the fact that the an
swer Of the President to the Eleventh Artt-
Gle amounted TO q demurrer His own
opinion was that the demurrer was very
conclusive. He did not think there was
any lmpeacha ble offenses charged in the
Eleventh Article, as the answer put that
point in issue, which was a legal question,
and amounted 10 demurrer. He thought
there should be special replica ton TO
that part ofthe answer or a Joining OF de-
murreF. This general replication did not
join any issue on that article al all. and
was what might be called a departure IN
pleading. ~ 10
Bingham said that the gentleman from
Pen nsy ylvanta, woodward would find
that the eleventh article, like every other
article exhibited against the President,
charged him with misdemeanOr or high
crime in Office, so there was no departure
whatever in the replication. He desired
to call the attention OF Lhe gentleman to
the fact that while the answer does con-
tain much that is argumentatiVe, and
much that might be called a demurrer,
such a thing was never allowed az all ia
BEEN demurrer entertained in
Senator or ia the Peers OF England,
and there was nothing on record where
demurrer did not lie Ia such cases. as
sert that pleading was unknown IN the
whole proceeding. To the Presidents an
sWer to the llth article, he expressly de-
MED that he committed a crime and
was, therefore, a plea OF - Not Guilty;" he
refers TO the clause which contained the
general deniaI, aud this respondent, fur
ther answering the said 1lth article, denies
that, by reason or reasons OF anything, in
S8lu al Licle AllGZeus LuAs. TeSDULlAeuLa as
President Ofthe United States, did, on the
2lst day of February, 1858, ar at any other
day or time commit, or that he was guilty
OF a high m1Sdemeanor IN Office. He
claimed that by paFliamen tary law that
amounted to some thing, as II ne had said
he was not guilty OF the crimes alleged
against him, in the manner and form, as
charged. Forms were nothing ia these
matters. Substance was everything. The
replication was Of substance, and was not
a departure. he would ike tosee AndreW
Johnson go into the Senate Of the UntEed
States. and, by presenting demurrer,
confess the averment In the articles. No
such rule obtained. because "A demurrer
admitted everything that Is well pleaded.
Wood, Of New York, presumed that the
objection taken BY the gentleman from
PennN Ylvania, has reference 10 making
the replication what Il really ought to be.
Wood thought that this was uestfOn
which 'he Court might determine. 1t was
desirable, however, that whatever course.
The House should take, it should exercise
the utmost care, and should reserve
dIrecf G seti the Managers. Hs He would Would tale Re
exception to the phraseology of the
replication, which declares 10 70 be
states. We know, sal I he that that Is not
the fact. Thgre Is not a man here who can
rise in his pl ce and capdldly declare that
the people OF the United States have au
rhOrized the House to act on this quss-
ton; or that any member OF the House
was ever elected on such an issue. There
fore, 1t IL false in tact that the House OF
Rep essen tatives is acting for and IS repre-
senting all the people OF the United States.
We have had no re Presentations made TO
1his House, from any portion Of the people
Of the United states IN favor OF the
procedure, except by a handful of office
seekers who expect TO derive personal ad-
vantage from the result. The Managers
represent the House OF Representative
and only the House Of Representative,
and, In representing this House they are
its agents. one of the Managers, the gen.
tleTnan from Ohio, Mr.. Bingham I 0Ok up
on himself 20 bully the senate; he told the
Senate To whether 1t Md observe
the rules, and yesterday some HOu e Man
ayers u GdertOok % criticise, severely, and,
ions OF the Chief Justice OF the
United Sta es, tting as President and
as presiding officer in that COurI. II viii do
to say that gentlemal is alone responsible
for these things. The Managers are acting
in behalf of the House, and therefore it is
that I. as one member of the House, de-
sire to enter my protest against any con-
duct on the part of either Of those Man
ayers thai IS not suficien ly decorus and
commensurate with the dignity aud gray
1ty OF such an occasion W no, for Instance.
authorized the Managers TO say yesterday
that they would pre- ent their replica
ton TO the Senate at one O'Clock
to day as the repIi cation of the
Managers or House of Representa-
tive? 1 contend that in the absence
House of Representatives, il was an as
sumption of duty; an arrogance Of power
on the part Of the N snagers TO declare TO
the senate that they would at one O'Clock
to day present this replication; and L find
IA the Baltimore papers Of to-day this rep
ucatlon. Sir are we NOBODY? DO The
gentlemen who have been selected by this
House 10 represent It in the Senate scousti-
tute themselves the House Of Representa-
tives2
Boutwell, said he had understood that Il
was the opin on of the gentleman from
New York that the repiI alton processes /
TO ply in the name of all the people q f
the United States, and that as that gentle
man ma. does @ not are to X, Therefore 1t IS
that would be an end of the whole prose-
cuLiOn.
Wood said he had stated that no portion
Of The people of the u United States =had aau-
thOrized this action, and that therefore
il did not represent ali the people of the
IInlfaI -fala. nd inlaal Id