The New York herald., 1868-03-31
Trial OF President Andrew Johnson,
Charged With High Crimes
and Misdemeanors.
Openlng Speech Of Representative Benjamin p.
Butler for the Prosecution.
Third Days Proceedings
ofthe High Court.
UNITED STATES SENATE CHAMBER, !
WASHINGTON. March 30. 1893. [


WASHINGTON March 80, 1868.
At halfpast twelve O'Clock the Chief Justice en-.
tered the Senate chamber and took the chair, which
had Just been vacated by the President pro tenn. Of
the Senate
The same orderly and well dressed audience az on
former occasions filled the galleries. Carl Schurzi
was observed among those admitted to the privi4
leges OF the floor.
The sergean-atArms made the proclamation CON-
mandlng silence
The Presidents counsel entered and took their
seats as before.
AT twenty-five minutes to O'Clock the Sergeant
alarms announced the Managers on the part OF the
House OF Representatives, who took their places,
with the exception Of Mr. Stevens who entered soon
afterwards and took q seat slightly apart from tha
Managers table.
The House Of Representatives was then announced,
and the members appeared, headed by Mr.. Wash
burne, Of Illinois. on the arm OF the Clerk of the
House, and were seated.
The minutes Of the last day OF the trial were then
read.
OPENING OF THE CASE ON THE FART or THE PROSE-
CUrIoN-ARoUMENr OF MR.. B. F. BUTLER.
Mr.. BUTLER, at quarter before one O'Clock,
commenced his opening speech, which he read from
printed slips, as follows:-
Mr.. PRESIDENT AND GENTLEMEN OF TIE SENATE
The Onerous duty has fallen to my fortune to pre-
sent to you, imperfectly as must the several propo
sitions OF fact and law upon which the House OF
Representatives Will endeavor To sustain the cause
OF the people against the President OF the United
States, now pending at your bar. The high station
or the accused, the novelty OF the proceeding, the
gravity OF the business the Importance Of the Ques-
0ns to be presented to your adjudication the pOss-
bic momentous result or the issues each and all
must plead for to claim your attention for az
long time as your patience may endure. Now for
the first time In the history OF the world, has u
nation brought before its highest tribunal Its
chief executive magistrate for trial and possible
deposition from office upon charges Of maladmtnis-
finn Af fba av..t lACt thnf In
other times and In other lands II has been found that
despotisms could only be tempered by assassination,
and nations living under constitutional governments
even have found mode by which to rid them
selves OF tyrannica, imbecile or laithless ruler
work o Of the tse and hut 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 Our hlhers, more wisely
founding government have provided Tor all such
and similar exigencies u conservative, efcctua and
practical remedy by the constitutional provision that
the president Vice President and AL civil officers
OF the United States shall be removed from office on
impeachment for and conviction OF treason, bribery
or other high crimes and mlstlemeanorsn The con-
stituton leaves nothing 10 implication either as 70
the person on whom, or the body by WHOM, or the
which, or the manner IN which this high
power shouly be exercised; each and al are are
mand. The House Of Representatives shall solely i'm
peach the Senate only shall Try, and In case OF con-
ONCE, and disqualification for Office, one or both.
| These mandatory provisions became necessary 70
adapt well known procedure OF the mother country
to the institutions Of the then infant republic But
single incident only OF the business was left to con
structiOn and that concerns the offences incapaci
| ties which are the groundwork OF impeachment.
This was wisely done, 0ecause human foresight
in the task OF anticipating aud providing for
by positive enactment, all the infinite gradation-
Of people and Tie safety or nation may be endan.
gered from the mbecility, corruption and unhal-
lowed ambition Of its rulers. II may not be unin-
structve TO observe that The trainers Of the consti-
tuition while engaged m their glorious and, trust,
ever enduring work, had their attention aroused
and their minds quickencd most signay upon this
very topic. In the previous year only Mr. Burke,
from his place IN the House OF Commons In Eng
land had preferred charges for impeachment against
Warren Hastings. and three days before our Con.
vention sat he was impeached at the bar
ONCE as the ruler Of people whose numbers were
counted by millions. The mails were then bringing
across the Atlantic week by week: the eloquent ac.
cusatiOn OF Burke, the gorgeous auu burning denun-
Citations OF Sheridan, IN behalf Of the oppressed peo
pie OF India against one who had welded over them
the trial then III progress was the determining cause
why the trainers Of the constitution left the descrlp
ton OF Offences because of which the conduct OF All
officer might be inquired OF, to be defined 10y the
laws and nsa2es OF Parliament rs found IN the pre-
cenen's oi thc mother country, WIN which our
fathers were as familiar with
own. In the light, therefore, OF these pre-
cedents what are impeachablc offences under
the provisions OF our constituton2 To analyze, To
compare. 10 reconcile these precedents Is work
rather for The closet than the forum In order there
FORE To spare your attention. have preferred To state
the result 10 which have arrived; and that on may
the authorities and discussions. both IA this
try aud 10 England. from which deduce our pro.
positions, far applicable to THIS case, pray
leave 10 lay before you, AT Tie close ol argument
a brief OF all the precedens and authorities upon this
subject, IN both countries. for which Indebted
the exhaustive and learned labvrs VI my friend, the
Hon. william Lawrence, oi ONO member Of the Jn-
dietary Committee 0l the House OF representa-
tives In which I fully concur and which
] adopt. We define, therefore, an impeachabe
or consequences subversive Of some fundamental or
essential principle Of government, OF highly prejudi-
cial TO the public interest; and tins may consist Of
violation OF the constitution Of law. or onicias
oath or duty, by an act committed or omitted, or,
discretionary powers from improper motives or for
any improper purpose. The first criticism which
VIII strike the mind on cursory examination OF
this definition Is that some of the enumerated acts
not within the common law definition OF crimes.
II Is but common learning that In the English pre-
cedents the words "hIgh crimes and misdemeanorsi
universally used; but any malversatlon IN
Office, highly preIudicia to the public interest, or
ment by which the safety OF a people may be In
danger, Is high crime against the nation as the
term Is used "a parliamentary law Haam, IN his
duces this doctrine from the preccdents, aud es-
pecally Lord Dandy Case IL, State Trials, 6ocl. OF
which he says:--
The commoo., u impeaebing Lord Dandy went grea,
,ossds establishing the principle ba, minister
.Se orders Of as soSspean Ne og The iass
e e VEIL as a. u o s 81 AZ u s n.
administration Is or ought 70 be- suoordaae N All great
Of The two houses OF Parliament
Mr. Christian, In his notes 10 the commentaries OF
Blackstone explains the collection and use OF the
words "high crimes and msdemeanors" by say.
ing.-when the words "high crimes and misde-
meanorso are used in prosecutions by Impeachment,
the words high crimes have no definite signinca-
ton, but are used merely to give greater soemnity
to the charge. ike Interpretation must have been
given by the trainers OF the constitution, because
like desniton 10 ours was In tie mind OF Mr.. Mad
son. TO whom more than TO any other we are IN
debted for the phraseology OF our constitution for
IN the rrst Congress when discussing the power to
remove 40 orcer by the President, watch ~ one OF
the very material questions before the senate at this
moment, ne uses the following words:-
The Danger consss mainly IN this itsi the President can
dispAcs from ores man wanse merts ae9ure ea' M % ue