The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-16

having come III soUu
the House journal to Mr. Butler.
MIR. Butler said-I find upon examl-
nation that the state of the record is
this On the 2lst of February reso-
linton of impeachment was prepared
and referred to committee; on the 22d
the committee reported and that report
was debated through the 22d and into
Monday, the oath, and the actual vote
was taken on Monday, the oath.
Mr.. Evarts-Late in the afternoon;
5 o'clock; so I was correct.
Mr.. Bingham-I rise to state further
reason why we insist npon this objec-
ton. The House, as appears by the
journal, voted on the oath of February
that Andrew johnson be impeached OF
high crimes and misdemeanors. On the
day preceding the 22d of February it ap'
pears that the Senate proceeded to con-
slider another message of the PRESIDENT
in which he had reported to the Senate
that he had renewed from the Depart
ment of War +. NJ. Stanten, the Score
tary of War, by previous action OF the
Senate. The Senate refused to concur
in the suspension and refused to ac'
0uiesce in the reasons assigned by the
President under the tenure-of-ottce
act. having given the President notice
thereof. The President thereupon pro
ceeds to remove him and to appoint
General Lorenzo Thomas, as Secretary
of War, ad interim, in direct cOntraven'
ton of the express words OF the act IT.
self and the action of the Senate. The
record shows that on February 2lst the
Senate passed resolution, reciting the
action of the President in the premises
to-wit: The removal of the Secretary OF
War and his appointment OF Score
tary of War dd interim, and declaring
that under the Constitution and laws OF
the United States the President had nc
power to make the removal or make
the appointment of Secretary of Wal
dd interim, and declaring that under the
| Constitution aud laws the President had
no power to make removal or make an
appointment. That was the action OF
the Senate, and notice of that action
was served on the President on the
night of the 2lst of February. Now II
takes place, here is presentment made
ON the Dist or 22d of February against
the President, before grand inquest
of the nation. After that presentment
he was within the power of the people
and although he had fled to the re
hottest ends of the earth he could moi
have stopped for a moment the proper
&C urse of this inquiry to final Judgment
even though q personal process haC
never been served upon him. 1t is pro
vided in the text of the Constitution
that it is to be challenged by no man
After these proceedings were thus III
stituted, and two days after the effect
of the action of the Senate being made
known to him, and three days after the
effect of the commission of his crime
/ the President enters deliberately on the
task of justifying himself for the vic
lation of its laws and the Constitution
for a violation of his oath of Office, fol
his defiance of the Senate, and for hi:
defiance OF the people by sending &
message to the Senate on the 24th o.
| February. What is it, Senators
more than the voluntary declara
ton of the criminal after the
fact, made in his own behalf. Does il
alter the case in law! Does it alter the
case i'll the reason or judgment of any
man living, either within the Senate
or outside, that no chooses to put his dec
laratiOn in his own defense in writing
The law makes no such distinction
and undertake to assert here, regard
less of any attempt TO contradict my
statement, that there is no law by
which anybody accused criminally af-
| ter the fact can make a declaration
either oral or i'll writing, either by q
message TO the Senate or u speech to 8
mob that can be given in evidence tt
acquit hiruSelf, or affect i'll any manner
his criminality within tribunal o
| Justice or TO make evidence which
should be admitted upon any form o
law or his own motion to justify his
criminal acts. / do not hesitate to say
that every Authority which the gentle
men can bring into Court, relating tt
rules of evidence in the proceedings o.
this Court is directly against the propO
sitiOn, and for the reason that this is :
written declaration made by the
accused voluntarily after the fact i'll
his own behalf / read for the in
| formation of the Senate the testimony
touching this fact of the service of the
notice of the action had by the Senate
and the conduct of the President
whereof he stands accused. Mr.. William
H. Mcdonald, chief clerk of the Senate
testified on page Ia: ''an attested copy
ofthe foregoing resolution was delivered
by me into the hands of the President OF
the United States at his office i'll the
Executive Mansion, about 10 p. NJ, OIL
the 2lst OF February" and Oh the 2itl
of February, three days afteward, the
President volunteers written declara
| ton, which his counsel now propose tt
make evidence in his behalf before this
tribunal of justice. OF course it is evi
dence for no purpose whatever, except
for the purpose of exculpating him OF
the criminal accusations preferred
| against him.
make one further remark. The prOpO,
sitiOn is to introduce this whole mes.
sage; not simply the argument which
he chooses to present i'll the form of Il
! written declaration in vindication OF
his criminal conduct, but declarations
of third persons. The Senate is asked
to accept this too as evidence on TIE
trial of the aCcused-the declaration OF
the third persons, whom lie calls his
| Constitutional advisers. lie states
their opinions without giving their
language; he gives conclusions, and
these conclusions are to be thrown be,
fore the Senate as part of the evidence
beg leave to say here, in the presence
of the Senate, that there is no colorado
excuse for the President, or for his
counsel, coming before the Senate t.
say that he has any right tC
attempt to shelter himself from q
violation of the laws of his country
under the opinions of any member
of his Cabinet. The Constitution
never vested his cabinet counselor,
with any such authority. 1t never
vested the President with authority t
suspend the laws or violate them, or tc
make appointments in direct contra
vention of the laws aud in defiance o.
the final action of tho Senate. Acting
in express obedience to law is no color
able excuse for these proceedings.
say it with respect for the learned coun,
sci, and l challenge now the production
of authority in any respect that evel
allowed any man, high or low, officially
or unofficially, to introduce his owl
declarations, written or unwritten, af
ter the fact in bis defence. This is the
point / take here. | beg pardon fol-