The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-04-02
THE TRIAL TO PROCEED.
Toisr1ErH CONGRESS.
SECOND SESSION.
WAsuiNoToN, March 30.
aWgATn

| tiVal ulhaDlutleb. me question was
on Mr.. Buckalcw's amendment to
to strike out tho word CONSTITUTION"
from tho clause proposing to relieve
disabilities imposed by the Constitu
ton and reconstruction laws.
Buckalew argued that the recon.
struotion laws having no application
to Tennessee, Butler could not pro-
perly be relieved from the disablli
ties imposed by them. Ho gave way
at the suggestion Of Sherman, who
presented report Of the Committee
on conference on the bill TO relieve
certain manufacturers from internal
taxation.
Several Senators opposed acting on
tho report immedia ely, aud Mr..
Sherman consented to It's going over.
giving notice it would be called up as
early as possible.
Butler spoke at great length, pre-
sonting to tho Senate tho several pro.
positions Of fact aud law upon which
tho House Of Representatives would
ondeayor to sustain tho cause of the
people against the President. He
reviewed. tho impeachment trials Of
other countries, in ordor to show. in
the light eR those prccedents, what
roally constituted impeaehable of
fences. lie defined an imp5Schablo
high crime or misdemoanor to 10 one
in its nature aud consequences sub
yorsivo of some fundamental or es-
sential priuoiple Of government, as
highly prejudicial to the public in
terosts, and this might consist of q
violation Of the constitution, of the
laws, Of an official oath, or Of a duty,
by an act committed or omitted; or
without violating any positive law By
tho abuse Of Discretionary powers
from improper motives or Tor any i'm
proper purpose. IIo referred to the
impeachment of Lord Dandy, a case
he said which went a great way
towards establishing the principle,
that no minister could shelter him
self behind the throne by pleading
obedience to tho orders Of his SOW
oroign. He was answerabo for the
justice, the honesty, the utility Of all
measures emanatinG from the Crown,
as we'll as for their legality, and thus
the executive administration was, or
ought to bc, subordinate in all great
matters Of true policy, to the suporin
tcndenco and virtual ooutrol Of the
two houses Of parliament,
The speaker then reviewed the
question, whether the High Court of
Impeachment was really the Senate
or not, and passed on tho matter of
tho competency Of ono OF tho triers
on account OF affinity to the accused.
He said; "Wo believe it is right,
nay his duty to the State he represents
to sit on this trial as no would upon
any other matter which should come
before the Senate. His seat and vote
belong to his constituents, and not to
himself, to be used according to his
best judgement on every grave matter
that comes before the Senate. Mr.
Butler then rccitcd tho articles Of
impeachment, aud the House of Rep.
resentatiyes and tho people have
Joined issue with Mr.. johnson as to
Ills right to act as ho has. This Te-
nuro Of Oiiico bill which ho has VIC.
lated received the -equisit sanction of
both tho Senate aud House of Rep
rosontatives after full consideration
of his objections.
The power which ho has assumed
is Kingly. Tho power Of removal
was elaborately debated in the first
Congress on tho bill to create the
State Department. 1t was debated
for four days and finally was framed
so as to imply that tho power of re-
moval was in the President; but the
triumph Of its supporters was short
lived when il came TO tho House on
motion of Mr.. Benson. tho provision
implying powers of removal in the
President was stricken out. 1t thon
wont back to the Senate, but as the
debates there were in secret session
We have no means Of knowing what
did take place; but We learn from the
journal that this provision, implying
tho powor OF removal, was retained by
the casting vote Of John Adams, Vice
President, Alas Almost all our
woes have come from our Vice Presi.
dents. Notwithstanding this, the
facts show that the President made
no removal without notifying tho
Senate. President Adams removed
Mr.. Pickering by nominating sue.
eessor TO the Senate. None Of the
early Presidents had ever attempted
to exercise the unlimited power of
removal now assumed by tho present
occupant Of the chair, Congress has
always asserted legislative power in
reference TO removals from Off 80,
some times in Que way and some times
in another,
Mr.. b, cited further acts of Con.
gress, in support Of his position aud
after stating the events Of FEBRUARY,
the removal Of Stanton, appointment
Of Thomas, the interviews with Gou
Emroy, etc, ooucladiug his argument
as follows;
"Who does not know that from
the hour the President began his
usurpatioOs Of power he everywhere
denounced Congress, the legality aud
eonstitutionality Of its actions, and
de6ed its legitimate powers, and for
that purpose announced his inteu
tion (aud carried out his purposes as
far as he was able OF removing every
true man from office, who sustained
the Congress Of the United States;
and is to carry out his plan Of action
that he claims unlimited power 0f
removal, for tho illegal exercise Of
which he stands before you TO day,
Who docs not know that 10 pursa-
anee OF the samc plan he used his We