The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-01
The Impeachment Trial-second Day.

The impeachment Trial-second Day.
In its very incipiency the impeachment OF
Mr.. johnson has proved a failure In the
compilation Of radical stump speeches and
newspaper articles that Mr.. Butler gave as his
opening address before the High Court of I'm
peachment, he showed conclusively the animus
of the prosecution in the trial of the accused.
We had some pretty dramatic pictures drawn,
it is true; we were told that Mr. johnson
aimed at grasping more than regal
powers; that he had made speeches,
denounced Congress and acted in q
very undignified manner generally. Did Mr..
Butler prove his assertions? We answer the
question by insisting that he did not In the
lengthy string of pettifogger's twaddle that he
delivered on Monday last he nowhere proved
that law had been set aside illegally or that
the constitution had been violated In his
efforts to convince his hearers that the Executive
had no power of removing civil officers he
clearly demonstrated that in all past legislation
on the subject Congress invariably recognized
| such power. In his endeavor to show that
fed conduct he was compelled to argue against
that freedom of speech" which is guaranteed
to every citizen of this republic. What, then,
are the deductions to be drawn from this ina
bility to establish the charges of criminal con-
duct? No unprejudiced man can read the
speech without becoming satisfied that one of
the most solemn provisions of the constitu-
ton is being prostituted to the contemplate
work of partisan clique. Had the Impeach-
ment Managers plainly said, 'tAndrew john
son stands in the way of our plots for perpe-
trating our power; he will not aid us
in the work of enslaving and de-
grading nine millions of people of our own race,
therefore we desire him removed" their case
would have been rendered more respectable
than all the platitudes of Mr.. Butler have made
it, But not honest enough for such frank
avowal, grave charges are brought against the
obstacle, and at the very outset Of the trial the
prosecution fail miserably to sustain their
cause. Not even the ingenuity Of the shrewd
lawyer has been displayed. The determine
| ton to remove Mr.. johnson from Office because
| he is opposed to the radical policy is apparent
in every sentence; the charges are merely pre-
| texts by which to compass the end.
That the prosecution have no case; that
they depend solely upon the circumstance that
over two-thirds Of the Senate consist of radi-
calls, was made apparent by Mr.. Buffers d.
rect and indirect threats to the Senators in
the address alluded to. And if anything more
were wanting to satisfy an impartial mind Of
this truth, the proceedings Of yesterday fur
nish the most convincing evidence. The tes-
timony taken was unimportant. It related
merely to Mr.. Stantons removal and to the
events which transpired subsequently. But a
sudden interruption to the proceedings
took place by reason Of one of the President
counsel Directing to certain question being
asked The Chief Justice decided that the tes
timony was admissible. This decision had NJ
sooner been rendered than Mr.. Drake, of Mis-
souri,, one of the radical Senator'S, rose from
his seat and questioned the right Of Judg,
Chase to decide upon points Of law and evi
dence. The counsel for the prosecution fol
lowedup this attack by declaring that the Senate
had the sole power to try impeachments, ant
offer any opinions. One of the counsel (Mr
BOUTWELL, was willing that he should give hi
, opinion on 'accidentdl questions" Of law ant
, evidence, but further he would not go. Mr.
Drake continued his attack upon Mr. Chase
, who maintained his position with frmness, an,
, declared that the Senate were the sole judge
= Of the case. Now, what did all of this mean
II is no answer TO say that after the Senate ha'
retired and consulted the position of tn
Chief Justice was practically sustained
The entire argument of the prosecution
! developed the purpose to ignore law, jus
}. tice and the rights of the accused, so that
y partisan triumph may be achieved. Andrew
n Johnson is no longer on trial for crimes com
y mitted against the constitution and laws, bu
he stands arraigned before the highest lega
n tribunal of the land to answer for offence
h committed against political organization. II
: perchance, a sufficient number of sober-minde,
Senators can be found to prevent the consum
e nation of the great wrong which Is designe
1t the country will be able to congratulate itsel
e on narrow escape from precedent whic
= would inevitably lead to anarchy and despotism
q Andrew johnson as an individual would
4. too Insignificant for sympathy or notice; but a
d the Chief Magistrate of the United States, tn
e representative Of our sovereignty, he become
4. of great Importance. He has committed n
a crime and has been guilty of no misdemeanol
The power of impeaching him was nevs
granted for partisan purposes, and, whether b
a. be acquitted or convicted, future history,
lie the light of Mr.. Buffers speech and of the pre-
ceedings yesterday, will consgn his pros
:, cutors to that obscurity which they so we
merit.