The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-24
XLth (0gaRRss-Seoond SESSION.
The Impeachment TRIAL.
ARGUMENT GF MR. NELSON,

WASHINGTON, April 23-The Senate met at
II O'Clock. Soon after Mr.. Boutwell, resumed
his address.
When Mr.. Boutwell, had concluded, at .25
o'clock, on motion of Mr.. johnson, the Court
took recess for fifteen minutes
On the re-assembling of the Senate at 40
O'Clock, Mr.. Nelson took the floor and deliv-
cred an eG tenlpore address. After abiding to
the magnitude of the case and to what he
deemed his own inability properly to treat it.
he said he should consider many points which
though not rightly belonging to the case, re-
CURED attention because they had been intro.
duced by the managers. He referred TO the
charges OF evil nature, wickedness and detes-
table character which has been brought
against the President which, so far, had re-
manned unnoticed by his counsel. There
never was President but what was accused
OF being everything, from political criminal
to common scold. These accusations st;g-
mas and aspersions he intended to examine
MT; Nelson asking, WHO is Andrew John
son?' proceeded to sketch the Presidents
early lite and career, and passed high en-
comium on his patriotism and public services.
referrlLg, also, to the fact that his neighbors
and those who, like him (NelsoD), knew him
pesG SUSIE lned MN and believed HIM innocent.
Mr. Nelson felt that he was not addressing
merely Senators or politicians, but Judges,
whom he begged to rise above prejudice or
party considerations and do impartial Justice
he referred to the immense outside pressure
which, ii was impossible 20 conceal unworthy
persons and journals sought to bring to bear
upon them. he was confident they would re-
pei it with Indignation. If he could believe
the result OF the trial was foregone con-
cluslOD, humble individual that he was
he would scOrn to address them He
asked them as far as possible to put them
selves in the Presidents place, to Judge of his
teelDes, motives and intentions-a privilege
accorded to the meanest of criminals. Citing
the resolution declaratory of the purposes of
the war, which was introduced by Senator
johnson just after the battle of Bull Run, was
passed by Congress, and sGill remains unre-
pealed. He claimed that the President has
acted upon and still maintained its principles
He argued that President johnson, after the
surrender OF Gen. Lee, endeavored faithfully
to carry oat the policy Of his predecessor
which was based on that resolution. Although
senators may conscientiously believe he was
wrong IN his action regarding the formation of
new State governments, they must admit that
there is no express provision in the Constitu-
ton for reconstruction, and that the President
had right to his own opinion. More espe-
cla'ly as peace had not been fully restored aud
the necessity for prompt action was pressing.
honesty and integrity of motive must in char
lty be presumed in such case. Referring to
the recognition by Congress of a State govern
ment IN Virginia formed without the passage
OF any reconstruction act, he claimed Con-
gress had also ju stified the Presidents policy
Congress had also in the act of Nov. L, 1867,
dated the cessation of the war from August,
1856. the time fixed in the Presidents procla-
1udIion, anu GuuS recognized It's validity. and
also he (Nelson) claimed the fact that the rebel
States had rot been out of The UnIon Hay-
ing thus endeavored to dispose of the charges
OF nsurpation, &c, based on the Presidents
conduct in former years, Mr.. Nelson said he
would consider the important question wheth-
er or not this body is a Court. He denied that
authority or precedent could be found for its
guidance in Parliament, except in the same
way that history was to be consulted. This is
the tribunal of the American Constitution
Nelson fhar tod FIR doh, ina
formation of the Constitution, in support of
his views that tie Chief Justice was called
upon to preside as judge and was expected
TO state the law, and also to decide in the first
instance upon all law questions which arise
He further commended that the use of the word
trial" IN the Consttu zion in the provision for
1mpeachment, 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 a law unto itself
and that common fame was sufficient evidence
and ground for its action as a startling decllr-
alton fraught with danger to the country.
lie held that they must consider their cas-
very lame If forced to receive evidence on COM
mon fame, which the old adage says is COM
mon liar. In the lowest Courts, and by Courts
alone, are Justice and equality maintained. No
such claims would be advanced and their very
oaths showed they were bound by law ri.
denounced as morally improper the considera-
lions put forward by the managers that the
people OF the country demanded conviction,
aud that the public pulse beat faithfully while
they delayed it.
Mr.. Nelson then discussed the meaning of
the terms treason, bribery, and other crimes
and misdemeanors. He held that, as at the
date of the formation of the Constitution, trea-
son was punishable with death, while bribery
was not the word. Crimes must be construed
with the former and the word misdemeanor
with the latter. Hence no offence is impeach-
able that is not a misdemeanor of the class to
which bribery then belonged.
AT this point at o'clock, on motion of Mr.
Yates, the Court adjourned, and the Senate
also after brief legislative session.