The New York herald., 1868-03-05
HOUSE OF REPRESENTATIVE.


WAsHIsr roS, March Z, 1868.
MpEAcHWsr
The House proceeded. 'ne business first in order,
to the consideration of ths additional article OF mpeach.
ment offered yesterday 5y Mr.. Jenckes.
Mr. JRscKEs. rep, OF l.. proceeded 10 address the
House In advocacy OF the article He said II was not
offered for apy sensational purpose or from any an
agonism 10 the managers TO the committee, but was
the result Of deep consideration on his part He re-
feed to the reckless defiant and Incorporate harangues
OF the President while he 'swnginR around the
CIRCLE" and TO the peculiar ideas OF Mr. johnson as to
bis right 10 Judge OF the consttutonaity OF
the laws Of Congress. II was through his
inspiration, he SAID, that tho people Of the
South were arrayed against each other and that the
reconstruction OF those States had been delayed.
That all these and other acts, which Mr. Jenckes do.
nounced, connected with the War Department difficulty,
guilty acts no would deny, and behind them
all the criminal intent Who had made the execu-
tive officer tho judge Of the constutonality OF the
law? His functions were purely executive, and the
doctrine that he judge Of the constitutionay OF
the laws was q monstrous heresy II he thought that
the laws we're unconstitutional he had remedy, and
that the resignation OF his Office 1t was In that
view that the proposed article was drawn up. 1t
charged not only violation OF the laws, but il also
charged criminal intent The evidence that had
President satisfied him mr. Jenckes), and would
satisfy the Senate. The great crime for which
the President should be removed from office
was the crime charged In tho article. Il was not
proper to charge the great criminal with small offence,
when he could % sy G an sans ns
article would be adopted
Mr. HaBy !rep 9f Cs nexs addressed ,% the House.
matter follow the lead Of two members although
they had devoted themselves TO the particular consde
articles reported by the committee he found nothing
charged In them except attempt 10 violate the Tenure
was breadth enough to satisfy the people. but
Rhode Island wen. beyond that and 'hcssa
criminal intent not only to remove Mr. Stanton
but get possession OF the war power Of the naton
usurpng powers Ho therefore deemed Il necessary TO
lay strong groundwork on which 70 erect the sdince
Of impeachment He referred TO the fact that even
after the Impeachment Committee had reported tho ar
ticles the Managers had subsequently In further con-
s o s
for themselves and not be entirely governed by the
Managers they would support the article offered by the
gentleman from Rhode Island.
Mr. LAWRENCE, (rep.) Of Ohio said he had read
fully the article offered by Mr.. Jenckes and he was
adopted He would therefore vote for IT, as be would
for any other additional article which might be pre-
eented and which could DC sustained oy evidence; Dut
into the Senate with the first three or four articles and
press them to judgment With this view he desired TO
offer resolution directing the Managers OF the Impeach-
ment present to the Senate the first four articles Of
Impeachment agreed upon by the House, that they
proceed ask the judgment OF the Senate thereon after
the proper hearing and that they afterwards deemed
It necessary they should present the remaining articles
agreed upon.
Mr. BINGHAM. (rep) OF Ohio, expressed the hope that
the resolution would not be adopted.
The SPEAKER stated that not before the House.
Mr. JENcKEs then moved the previous question on the
adoption Of the article offered by him. II charges on
unlawful intent and design the part Of the President
ARMIES Of the United States without being bound by
the laws establishing the rules OF tho government and
the regulation Of the land and naval forces Of the United
States
The House under the lead Of Mr.. BINGHAM refused to
second the previous question, and then on his motion
the article was referred TO the Managera
The House then o'clock resolved itself into the
Committee of the Whole, mr. Dawes in the chair, and
proceeded to tho Senate In company with the Managers
to present to that body articles OF IMPEACHMENT At
quarter before two O'Clock the Committee Of the Whole
ho, 70 IS % MAN. sra o l on
tho part OF the House had presented to tho Senate ar
Gle. Of asans. the presasn. m or tne United
that the Senate would take action thereon OF which due
notice would be given
Printing offered various resolutions for the printing OF
extra copies Of documents, which were adopted.
FORMULATION OF THE LAWS.
Mr. LArIN reported back, with recommendation
that it do pass Inc Senate bill relation to the pro-
mitigation OF the laws Of the United Ssates which
passed.
THE CASE OF BUTLER, TENNESSEE.
Mr.. DAWES, trep.l Of Mass, from the Committee on
Elections, called up the joint resolution reported from
that committee relative to r r. Butler, Representative
elect from the First Congressional district OF Tennessee
The joint resolution provides that Mr. Butler be ad
mitted to q seat a Representative his taking the
usual oath to support tbs constitution and tho Test
oath, with the exception Of the following words
That have neither sought accepted attempted
exercise the functions of office whatever under
authority pretended authority in hosuiy TO the United
Mr.. DAWES explained tho facts in tho case stating
that Mr. Butler had been before the secession OF the
State OF Tennessee an ardent ouspoken, uucompromis-
ing supporter OF the Union but that he afterwards
carried away by tho popular sentiment, elected
member o' the legislature ana nSa qualified as such by
In the Legislature he sometimes voted for measures
calculated to aid the Confederacy and sometimes against
them but he had done all he couid to advance the
Union and 10 shelter and reiieve those who sur
fered imprisoned for It's sake.
Mr. MUSG8N, (dem- OF Ohio, inquired whether John
Young Brown had done as much against the Union
cause as this man Butler had done.
Mr.. DAWES replied that both John Young Brown and
X r. Butler had done what would prevent them from
taking the test oath and II he had found in the life and
character Of Brown what be had found in the life and
character OF Butler he did not think of himself
suppose that he would not ask for Mr. Brown
which he now asked tor Mr.. Butler. He did not know
what Mr. Buffers political sentiments were, nor how he
would vote If he admitted to his seat did any
such ideas govern his action.
Mr.. KERR, dem OF Ind, member Of the Committee
on Elections proposed to amend the JOINT resolution by
relieving Mr. Bu.lsr from the necessity OF taking those
other portions Of the test oath that consist declaring
that he had never voluntarily given aid, comfort coun
tenance and encouragement to tho rebellion, and that
he had voluntarily rendered obed dence to gov
ernment hostility to the United States the evidence
showing that Mr. Butler could not those portions
OF the test OATH
Mir. BAKER lrtp) OF Ill, supported the resolution
commencing the patriotism of Mr. Butler
Mr. PRcr, trcp) Of Iowa opposed IT, declaring that
while he occupied seat this floor he would abate
jot title OF the stringency Of the test OATH and
that what he would not do for democrat he would not
do for o republican
Mr.. Cook, trep.) of ILL.,, member OF the Committee
OF Elections, moved to recommt the joint resolution,
with instructions to the Committee to report general
Law providing that no person elected 10 Office shall be
required take the test oath II he shall have been
Iicved iron disability to hold Office under the consu-
tionsl amendment, known as tho Fourteenth article;
also TO report bill 10 the disabilities OF H. H.
Butler In the provided for such article.
Mr.. ScoFiKaD rep.l OF Pa had no objection to such
general law bat he did object TO the necessity for
ing a special act along with H.
Mr. PAfsg, lrep.) OF Wis, moved 10 amend the pre-
amble mako rccite that r. r. Butler had per-
formed honorable service in the army OF the United
States from september, 1853. TO May, 1864 That was
the only ground on which he would vote for the JOINT
resolution.
Tne matter was allowed to 90 over for the present.
ALABAMA ELECTION.