Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-24
LATEST 1'ELEGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
Speech of Hon. I. A. Il. Nelson.
CONGRESSIONAL PROCEEDINGS.
senate.

senate.
WASHINGTON, April 23.-The Senate
Court opened in the usual form.
Mr.. Grimes offered an amendment that
the court meet hereafter at II O'Clock, but
being objected to, it laid over.
At 1920 Mr.. Boutwell, resumed his adj
dress.
When Mr.. Boutwell, had concluded at
Los, on motion of MFR. johnson, the court
took recess of fifteen minutes.
On re-assembling at lao, Mr.. Nelson
took the floor, and delivered an ex tempore
address. After abiding to the magnitude
of the case, and to what he deemed his poor
inability properly to treat it, he said he
should consider many points, which,
though not rightly belonging to the case,
required attention, because they had been
introduced by the managers. He referred
TO the charges of evil nature which had
been brought against the President, which
80 far had remained unnoticed by his coun-
sell The President was accused of being
everything from a political criminal to q
common scold. The accusations, stigmas,
and aspersions he intended to examine.
Mr.. Nelson then asking who is Andrew
johnson, proceeded TO sketch the Presi-
dents early life and career, and passed
ecomiums on his patriotism and public SER
vice. referring, also, to the fact that his
neighbors and those who like himself
(Nelson) knew him best, sustained him, and
believed him innocent.
Mr.. Nelson felt that he was not address
ing merely Senators or politicians, but
Judges, whom he begged to rise above pre-
iudlce or party considerations and do I'M
partial iuitice. Referring to the immense
outside pressure, which it was impossible
to conceal, that IN worthy journals sought
to bring to bear upon them, he said he
was confident they would repel it with in
dignation. If he could believe the result
of the friaI was foregone conclusion, the
humble individual that he was, he would
scorn to address them. He asked them,
as far as possible, to put themselves in the
Presidents place, to judge of his feelings
and motives and intentions, privilege
accorded to the meanest criminal. Citing
the resolution, declaratory OF the
purpose of the war, which was in
troduced by Senator johnson, just after
the battle of Bull Run, aud which was
passed by Congress, aud still remains I'M
repealed, he claimed that the President
had acted upon and still maintained Its
principles. He argued that President
johnson, after the surrender OF Gen. Lee,
endeavored faithfully to carry out the
policy of his predecessor, which was based
upon that resolution. Although Senators
NAV conscientiously believe he was wrong
in his action concerning the formation OF
new State governments, they must admit
that there is no express provisions IN the
Constitution for reconstruction, and that
the President had right to his own opin-
ion, more especially as peace had not been
fully restored and the necessity for prompt
action was pressing. Honesty and ihteg-
rity of motive must, in charity, be presum-
ed in such a case. Referring to the recog-
milton by Congress of a State Government
ic Virginia, formed without the passage of
any act of reconstruction, he claimed that
Congress had also justified the Presidents
policy. Congress had also, in the act OF
March Let, 1867, dated the cessation of the
war from August 1856, the time fixed in
the Presidents proclamation, thus recog-
nizing it's validity, and also he, Nelson,
claimed the fact that the rebel States had
not been out of the Union. Having thus
endeayored to dispose of the charge Of
usurpation, ETC., based onkthe Presidents
conduct in former cases, Mr.. Nelson said
he would consider the important question
whether or not this body is a court.
He denied that authority or precedent was
to be found for its guidance. In Parlis-
ment except in the same way that history
is to be consulted, this is the tribunal of
the Constitution. Mr.. Nelson then quoted
from debates on the formation of the Con-
stitution in support of this view, and that
the Chief Justice was called upon to pre-
aide as Judge, and was expected to state
the law, and also to decide in the first IN
stance upon all law questions which arises.
He further commended the use of the word
trial, In the constitutional provision
for impeachment shows the Judicial
character of the Senate at that time. He
proceeded to characterize the propositions
advanced by the managers, that the Senate
was bound by no common or statute law,
but was law unto ITSELF aud that COM
mon fame was sufficient evidence III the act
on the grounds for its action, "a a startling
declaration, fraught with danger to the
country. He held they must consider
their case very lame, if forced to re-
ceiye evidence on common fame,
which the old addage says is a
common liar. In the lowest courts,
and by courts alone, are justice and equal
ity maintained. No such claims would be
advanced, and their very oaths showed that
they were bound by the laws. He de-
nounced as improperithe argument and the
considerations put forward by the mana
gers, that the people of the country de-
mand conviction, and the public pulse beat
ftfully while they delayed. Mr.. Nelson
then discussed the meaning of the terms
treason, bribery, and other crimes and mis-
demeanors. He held that at the date of
the formation Of the Constitution treason
was punishable with death, while bribery
was not. The word crimes must be con-
strued with the former, and the word mis-
demeanors with the latter; hence, that no
otiense is improbable that is not INSIDE
meanOr-that class to which bribery be-
longed
At this point, at o'clock, on motion of
Mr.. Yates, the court adjourned, and the
Senate, after brief legislation, also adj