The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-02-29

tiou 10 tnc resOiuuon. he asked the Reutle men
on the other side If they believed or expected
that it was possible for this government, Of sew
eral coeQual Departments, to exist when not
only warning with each other. but when the one
bad not only no confidential counseis with the
other, but was known and determined enemy,
holdi' his position against his own pronounced
conviction of constitutional right aud duty. He
believed that this was part Of great organized
glan to get rid Of the executive and to invest
congress with all the power OF the government.
1t was the execution Of q great and determined
purpose to subvert and overthrow the Constitu-
ion and to destroy all the constitutional depart
ments of the government. IL was the carrying
out of purpose long since formed by the most
radical of the Republican party. In proof OF this
he sent to the clerks desk and had read notes
of conversation had last fall with prominent
member Of the Republican executive committee
Of Indiana, in which the purpose was foreshsd-
owed OF removing Mr.. johnson, and putting in
his place one who would use the army TO carry
the presidential election. If necessary. He had no
doubt that this conspiracy would be carried out.
Mr.. Judd said that his past action in voting for
the Impeachment of Andrew johnson had met
with the appreciation Of his constituents, and he
had just received dispatch which justified his
proposed action in voting tor this resolution. The
dispatch was read as follows:
CHICAGO, ILL.,, Feb. "a.
" The Republican press and party of the city
of Chicago unanimously demand the impeach-
ment Of Andrew johnson. mass meeting Is
called for tomorrow evening to give expression
to tlas feeling.
Mr.. Harding said that his constituents had in.
stTucted him to unite his voice and vote with the
representatives Of the loyal millions in demanding
the impeachment of the criminal who occupied
the presidency.
House should speak but one word, and strike bat
one blow, and that the blow should come frat.
Mr.. Stevens, Of Pennsylvania, closed the debate.
he said ." agree with those gentlemen who
L. r. Al. Al. -.
and should be gravely treated. 1t Is important to
the high official who is the subject OF thsse
charges. and il is important to nation Of forty
millions of people now free, and rapidly increasing
to hundreds of millions. The official character of
the chief ofthis grand nation being thus involved
The charge, if falsely made, is cruel wrong. IL.
on the other hand, the msdemeanor and usurpa-
ton charged against him are true, he is guilty Of
as arocous an attsmptio usurp the liberty aud de-
stroy the happiness Of this nation as were ever
perpenated by the most detestable tyrant who
ever opposed his felow.men. Let US, therefore,
discuss these questions in no partisan spirit, but
with legal accuracy and impartial justice. The
people desire no victim. and they will endure no
nsuTpation. The charges. so far as shall discuss
Them, are few and distinct. Andrew Johnson Is
charged with attempting to usurp powers OF other
branches OF the government. and with attempting
to obstruct and resist the execution of the law
with misprision Of bribery. and in the open viola
ton OF laws which declare his acts misde meanors
and subject him to fine and imprisonment; with
removing from Office the secretary OF war during
the session of the Senate. without the advice or
consent OF the Senate and with the violation Of the
sixth section of the act entitled act regulating the
tenure Of certain civil officers. There are other
onenses charged In the papers referred to the
committee, which may consider more by them
| selves. In order to sustain impeachment under
our Constitution do not hold that II is necessi airy
| to prove q crime indictabe ofense, or any
act NAHUM ia Sc. l sEzss with the distinguished
gentleman from Pennsylvania, on the other side of
the House, who holds this TO be purely political
proceeding. 1t is intended for a remedy for mall
feasance in Office, and to prevent the continuation
thereof. Beyo nd that 1t Is not intended as per-
sonal punishment for past offenses and for future
| action. Impeachment under our Constitution il
| different from impeachment under the English
law. The trainers Of our Constitution did not rely
| for safety upon the avenging dagger OF Brutus,
but provided peaceful remedies which should pre-
vent that necessity. England had two systems of
| NEUTRALITY-SUSPICIOUS. for fhe trial and punishment
of common offenders. and for the trial of men
in higher stations whom it was found difficult to
| convict before the ordinary tribunals. This lat
ter proceeding was by impeachment or bills Of at
| taiLder, generally practiced to punish official
| malefactors; but the system soon degenerated
into political and personal persecution, and men
| were tried, condemned and executed by this court
| from malignant motives.
| 'sSuch was the condition Of the English Law
| when our Constitution was framed. aud the con-
vention determined to provide against the abuse
| OF that high power, so that revenge and punish
/ ment should not be inflicted upon political or
| personal enemies. Hence the whole punishment
| was made to consist in removal from Office, and
| bills of attsinder were wholly prohibited. We
are to treat this question, then, as wholly poit-
| ical, in which, If an officer of the government
| abuse his trust. or attempt TO peVert it to i'm
| proper purposes, whatever be his motive, he be-
| comes subject to impeachment and removal from
| Office. The ofense being indictable does not
| sustain il. See Story's commentaries on the Con
| stituton, Madison and others. Spch Is the opin-
| ion of our elementary writer's, nor can any case
| of impeachment tired in this country be found,
| where any attempt was made to prove the ohense
| ndictsble and criminal.
What then, are the Official misdemeanors of
Andrew johnson. disclosed by the evidence! Ga
| the I'd day of March, 1867, Congress passed an
act entitled IAN act regulating the tenure of
| certain civil Offices Among other provisions 1t
| enacted that no officer who had been appointed
| by or with the advice and consent of the
| senate, should be removed from office with out
| the consent of the Senate and that if dur
| ing vacation a suspension should be made
| for cause, such cause should be reported to
| the senate within twenty days after their next
| meeting. II the Senate should deem the reason
of the suspension sufficient then the officer should
be removed and another appointed in his stead !;
but if the Senate should refuse TO with the
president, and declare the reasons insult; ient,
then the officer suspended should forthwith resume
the functions of his Office, and the powers of the
person performing its duties should cease. 1t Is
/ especially provided that the secretary of war
shall hold his Office during the term of the presi
dent by whom he may have been appointed, and
| for one month thereafter, unless removed by aud
| with the consent Of the Senate aforesaid.
"On the 18th of August. 1867, during the recess
| Of the Senate, the president removed the secre
tary of war, whose term of Office had not expired.
| requiring him to surrender the office, with the
/ public property. and appointed General U. s..
| Grant secretary of war I'D interiD1.
/ when Andrew Johnson assumed the Office of
president he took the oath TO obey the COnstitu-
| lion Of the United States, and to take care that
| the laws be faithfully executed. This was a
solemn, enduring obligation nor can he plead ex-
emption from it account Of his condition at the
| time it was administered TO him. Ia the attempt
| 10 obstruct the execution Of the law. not mere
| omission amounting to negligence, which would
| have been a msdemeaDor, but bold conspiracy
was attempted by him to Induce the general OF
he army TO aid him in defeating the operations OF
this law, and when he had suspended the secretary
tof war, be appointed General Grant secretary dd
| interim. with the avowed purpose OF preventing
the operation OF that law If the Senate Should de-
eide in favor of the secretary aud he says that the
general did enter into such conspiracy 20 aid him
IN obstructng the return of the secretary, u0twith
standing the Senate might decide 10 his favor.
This is denied by the general, and question OF
verscity, rather angriy discussed, has arisen be-
| tweau them and these Qentemen eeem CON-