Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-31
LATEST KILOGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
CONGRESSIONAL PROCEEDINGS.
Senate.

ing to the Senate several propositions of
fact and law upon which the House of Rep
resentatiyes would endeavor to sustain the
cause Of the people against the Presi dent.
The speaker reviewed the impeachment
trials of other countries, in order to show.
in the light Of those precedents, what con
stitutes an improbable offense. He de-
fined an improbable high crime or mis-
demeanor TO be one in its nature or con-
sequences subversiye of some fundamental
or essential principle of government, or
highly prejudicial to the public interest,
and this might consist of q violation of
the Constitution, Of law, of an official oath
or Of duty, by an act committed or omit
ted, or, without violating a positive law,
by the abuse of discretionary powers
from an improper motive or for any
improper purpose. Butler referred to the
Impeachment Of Lord Dandy, a case he
said, which went a greatway toward estab-
fishing the principle that no Minister could
shelter himself behind the throne by plead
ing obedience to the orders of His Sover-
eign. He was answerable for the JUS
tice, the honesty, and the utility of all
measures emanating from the crown, as
well as for their legality, and thus the
Executive administration was, or ought to
be subordinate in all great matters of
policy TO the superintendent OF the yir-
tual control Of the two Houses of Parlia-
ment. The Speaker then reviewed the
question whether the High Court of I'M
parchment was really the Senate or not,
and passed on the mdtter of the competen-
cy of one of the triers on account of the
affinity to have occurred. We believe it is
his right; nay, his duty TO the State; he
represents to sit upon the trial as he would
upon any matter which should come before
the Senate; his seat and vote belongs to
his constituents, and not to himself; to be
used according to his best judgment upon
every grave matter that comes before the
Senate.
Mr.. Butler then recited the articles of i'm
parchment, and said The House of Re-
representatives. and the people have Joined
issue with Andrew johnson as to his right
to act as he has. This bill, which he has
violated, received the requisite sanction of
both the Senate and House of Representa-
tives, after a full consideration of his OBJ
iections. If he is TO be allowed to exercise
this dangerous power of removal, where is
it to end? Does the Constitution invest
the President with all the executive power
which is enjoined by Kings and the rulers
of other nations? If so, it has been much
more liberal to him than to the legislative
branch of the government. The executive
power of appointment is clearly limited by
the words of the constitution, which orders
the consent Of the Senate necessary. The
power which he assumed to exercise is
kingly. The power of removal was very
deliberately debated in the first Congress
on the bill to create a State Department.
1t was discussed for four days, and finally so
framed as to imply the power of removal
in the President; bnt the triumph of its
supporters was short-lived, when it came
to the House. On motion of Mr.. Benson,
the provision implying the power of re-
moval in the President was stricken out.
1t went back to the Senate, but as the de-
bates there were in secret, we have no
means Of knowing what did take place :;
but We learn from the journal, that this
provision implying the power of removal
was restrained by the casting vote of John
Adams, the Vice President. Alas, most
all our woes have come from our Vice
Presidents Notwithstanding this, the
facts show that the President made no re-
moval without notifying the Senate Pres
ident Adams removed Mr.. Pickering by
nominating a successor to the Senate. None
of the early Presidents had ever attempted
to exercise the unlimited power of removal
now assumed by the present occupant in
that chair.
Congress has always asserted Legislative
N rafaraDaa fp Pppnpuold from nHioa
sometimes in one way and sometimes in an
other. Upon the whole, never until now
has the exclusive control over appoint
ments to office been exercised by the Presi-
dent. In 1926 the powers of the President
were canvassed in Congress, and commit
tee was appointed on the subject, who re-
ported that it was necessary to trim down
his power by statutary enactment, and re-
ported no less than eight different bills on
the subject. One of them vacated within
certain time, all officers pertaining to the
collection of revenue. Here was a tenure
of office act, reported by one of the greatest
minds of the country. 1t did not seem to
occur to Congress then that it had not the
power to regulate appointments to and re-
movals from office.
Mr.. B. cited further acts of Congress in
support of his position, and after stating
the events of February, the removal Of
Stanton, appointment of Thomas, and the
interview with Gen. Emery. 1t is con-
cluded in the argument az follows: Who
does not know that from the hour the
President began his usurpations of power,
he everywhere denounced Congress to the
legality and constitutiOnality of its action,
and defines its legitimate powers, and for
that purpose announced his intention and
carried out his purpose. As far as he was
able of removing every true man from
Office who sustained the Congress of the
United States, and it is to carry out this plan
of action that he claims the unlimited power
of removal for the illegal exercise of which
he stands before you this day. Who does
not know that in pursuance of the same
plan he used his veto power indiscrimi-
nately TO prevent the passage of whole
some laws, enacted for the pacifcation Of
the country, and when laws were passed
by the constitutional majority over his
vetoes, he made the most determined oppo-
sition, both open and covert, to them, and
for the purpose of making that opposition
efiectual he endeavored to array, and did
dlialB dfi ihC iSoIlC idtSAl iu IcbtlllOu, 10
set themselves against Congress, and
against the tone of loyal men and their
neighbors, so that murders, assassinatiOns
and massacres were rife all over the South
ern States, which he encouraged by his re-
fusal to consent that a single murderer
sholld be punished, though thousands Of
good men have been slain; and further,
that he attempted, by military orders, to
prevent the execution Of acts of Congress
by the military commanders who were
charged Herewith, and his concurrent acts
show conclusiveiy that his attempt to get
control Of the military force of the gov
eminent, by the seizure of the War De
partment, was done in pursuance Of his
general design, if it was possible, TO over
throw the Congress of the United States,
and he now claims, by his own will, for
the execution of this very design, the
right to appoint every officer of the army
and navy, and those in the civil and d.
plomatic service of the United States.
He asks you here, Senators, by your sol
emn adjudication, 10 confirm him in that
right-to invest him with that power
10 be used with the intents and