The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-03
GENERAL BUTLER'S SPEECH
soyELrs OF THE TRIAL.

Mr.. President and Gentlemen Of the Senate;
The onerous duty has fallen to my fortune
TO present to you, imperfectly as must, the
several propositions Of fact and the Law upon
which the House of Representatives will en-
deavor to sustain the cause of the people
against the President of the United States,
now pending at your bar.
The high station Of the accused, the nov
city of the proceeding, the gravity Of the bu-
siness, the Importance of the questions to be
presented to your adjudication, the possible
momen.oas result Of the issues, each and all
must plead for me to claim your attention,
for as long . time Is your patience may en-
dnre.
Now, for the first time in the history OF the
world, has q nation brought before its high
est tribunal its chief executive magistrate
for trial aud possible deposition from office,
upon charges of INSTRUMENTATION OF the
powers and duties of that office. In other
times, and IN other lands. 1t has been found
that despotisns could only be tempered by
assas estimation, and nations living under con-
stituuonal governments even. have found no
mode by which to rid themselves Of tyran-
nicai, imhecils, or faithless ruler, save by
Overcoming the very foundation and frame
work of the Government itself. And, but
recently, in one Of the most civilized and
powerful governments of the world, from
which our own institutions have been largely
modelled, We have seen nation submit for
years to the rule Of an insane king, because
its constitution contained no method for his
removal.
GROUND OF THE ACTION.
Our fathers, more wisely, founding our
government, have provided for such and all
similar exigencies conservative, effcctual
and practical remedy by the constitutional
provision that the s'President, Vice Presi
dent and all civil officers of the United States,
shall be removed from Office on impeach-
ment for and conviction of treason, bribery.
or other high crimes and misdemeanors.n
The Constitution left nothing to implication,
either as 70 the persons upon whom, or the
body by whom, or the tribunal before which,
or the offences for which, or the manner in
which this high power should be exerciseds
earh and all are provided for BY express
words Of imperative command.
The House OF Representatives shall solely
impesch; the Senate only shall try; and IN
case Of conviction the judgment shall sione
be removal from Office and disqualification
from Office, one or both. These mandatory
provisions became necessary to adapt we'll
known procedure of the mother country to
the institutions of the then infant republic.
But single incident only of the business
WAS left TO construction, and that concerns
the offences or incapacities which are the
groundwork of impeachment. This was wise
ly done because human foresight is made
quate, and human intelligence fails in the
task Of anticipating and providing for, By
positive enactment, all the infinite gradaiions
OF human wrong ard sin, by which the hber
ties OF people and the safety of nation
may be endangered from the imbecility, cor
ruption, and unhallowed ambition Of its
rulers.
1t may not be uninsiructive to observe that
the trainers of the Constitution, while en-
gagged in their glorious and, l trust, ever-en-
during work, had their attention aroused and
their minds quickened most signaily upon this
very topic In the previous year only Mr.
Burke. from his place in the House of Com
mons in Eogland, had preferred charges for
impeachment against Warren Hastings, and
three days before any convention sat, he WAS
impeached at the bar of the House of Lord
for misbehavior in office as the ruler of peo-
pie whose numbers were counted by millions.
The mails were then bringing across the At
lantic, week by week, the eloquent accuse
hons OF Burke, the gorgeous and bum ng de-
nunciations Of Sheridan, in behalf OF the OPP
pressed people of India, against one who had
welded over them more than regal power
May it not have been, that the trial then in
progress was the determining cause Why the
trainers of the Constitution left the deserip-
ton of offenses because of which the conduct
Of an officer might be inquired of to be de-
termined by the laws and ussges OF Parla-
ment "a found in the precedents OF the moth
er country, with which our fathers we're as
familiar as we are with our own?
tupr.cH1Dyr
In the light, therefore. of these prece-
dents. the question arises, What are impeneh
abe efeasts under the provisions Of our Con-
stitut on?
To anaiyze, to compare. to reconcile these
precedents, is work rather for the closet
than the forum. In order, therefore, to spare
your attention, have preferred to state The
result TO which ] have arrived, and that You
may see the authorities and discussions, both
in this country and in England, from which
We deduce our proposition, so far as applica
Bile to this case, pray leave to lay before
you. At the close OF my argument, brief of
all the precedents and authorities upon this
subject, in both countries. for which am In
debted to the extensive and learned labois OF
my friend, The honorable William Lawrence,
of Ohio. member Of the Judiciary Commits
tee Of the Honse Of Representatives, in which
j lulfy concur anu winch i dQ0pI.
THE TRUE DEFINITION.
We define, therefore, an Improbable high
crime or misdemeanor to be:
One IN its nature or consequence subver-
sive OF some fundamental or essential princ;-
pie of government or highly preiudicial TO
the public interest, and this may consist of =
violation OF the Constitution, Of law, of an
official oath, or OF duty, BY an act committed
or omitted, or. without violating Q positive
law, by the abuse of discretionary powers
from improper motives, or for any improper
purpose.
The first criticism which will strike the
MUD on q cursory examination OF this de6-j
milton is, that some of the enumerated acts
are not within the common law definition az
crimes. It is but common learning that IN.
the English precedents the words s.hieh
crimes and misdemeanors' are universally
used; but any mAlversation in Office, birbly
preJudiciai to the public interest, or suhver-
sive OF some fundamental principle Of roy.
9 rnment BY which the safety of . people NAV
oe ~ uanger' Is high crime against the M
non, - the term is used in parllamentsrv
law.
PRECEDESrs SUPPORTING prFrxrr,or
Hallam, in bis Constitutional H;.,a. ri
England. certainly dsduces this doc,r;ns 10y o.
The presidents, and especially Lord 1l.ap 49,
case y State trials, 600, or which he So.
!. me commons, in impeschine Lord Dan.
oyt vent great way tounrds eanehI;sh;..sI.
Pnncipie tnat no Minister can eheItsr h,,n...c|
hshind the throne By plesdine obsd;.ne s'e -
the orders Of his soysreiea. He i sns.a.saso
for the Jssttce. tie koaesly. lie rfsjs,,, ~ ~
sedsxres enaa1tisg from lie CLosr:y 81
as FIR Nav legaltly; and thus Tie Er.e ~, "eas
Adminietrati0n 10, or ought TO b.. enhc.ss:
nate IN al gr6ak nlattefs of policy q NJ ~
perinteadence NJ virtual coutrIl ~ IN -.
Houses Of pariieneat. !. Z. - W
~. Caaaians II HI sotee = III Ce-.,.n.
tares - bleekGloae. explsiea q. r,Ii,c-.;a.
and - Sftk~Hof1s 49, As- 1870
ee1eaasss,' ~ saoiox: .s'1 =
. "ssn ne words ligh esinse md n;.S..
aS~sIN. re used IL prosrcnf,nn: \. -
2rens, me words high cr;r.ss ~. ~ -
s.ass1 eA6nsheatson. bus an ~ asse no
ene soasmn;sy to me ch.s.. ." :, 70 |
- interpretation must NJ =
% ~ rsmers Of the Conssi,.,;.,ss oaeh gwen
IKE 0e9nftson 70 oufs VS. 10 IN - ssa III
- ~ wh0m mOfs than q 800 u q MT. |
afs tedsdted for the phraseolo., ~ Osnss se
seisasaon, fos, m the6r coaere.s M ~ pon
S9ae - povs 70 remose 8 ofEc..h. ~ .rr
Fssaaent, which is one 81 he yrrv 49,. ".
gaA1esoas before The Ssnasn 81 th;. 49,.
= 49, ths following words:
Z ! eonsssas neseiy u fkie. that
-. 49, go displace fisss - : -
shess nss'ss Fssairs y sho1ld s. ecesis.sd |