The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-30
CONGRESSIONAL PROCEEDINGS.
THE EACHHENT COURT
Sumner Introduces a Resolution Of
Censure on Nelson.
Nelson Allowed TO Make Further
Explanations,
A Strong Argument from Evarts.
without concluding, Senate Adjourns


SENATE. WAsHINsToN, April %.
Sumner offered a resolution. that
Nelson having used improper Ian
guage in this tribunal, calculated to
provoke a duel, and disrespectful to
the Court, he deserves the censure of
the Senate.
Sherman objected to the consider
alton of the resolution, and Sumner
objected to Nelson making any re-
marks except in explanation; but the
Senate allowed him b ad a portion
of letter bearing 0u questions Of
dates.
Nelson then explaiue4 what pur-
ported to be the original otter, signed
by Butler, Logan and Garfield, dated
March 9; also a letter sent to the
President by Chauncey Black, March
16, enclosing a copy with additional
signatures.
cameron offered an order for night
sessions, which went over.
Evarts then resumed his argument.
He assumed it to be already shown
that this tribunal is a Court, and that
the President is to be tried only on
charges supported by law ard evi-
dence; and by common fame he said
that much that had been advanced
by the Managers must fall to the
ground. So must fall the articles
based on charges which had repeat
ee " eean rejected as fair grounds for
in fcachmen: He referred to the
conduct cf the case by the prosecu-
ton as similar 70 the practice Of the
Chinese, who make a great noise in
the vicinity Of an object to be at
tackled. or ike the explosion of some
tive hundred and fifty tons of gun
powder at a safe distance from the
walls of the fort He said that, in
this case, where evidence had been
suppressed, the enlargement of the
privilege Of defamation and inyective
was more than usually improper. He
also spoke IN a strain of sarcasm of
BOutWel's reference to the Presi-
dents counsel as attorneys whose
minds had been sharpened but not
enlarged by practice.
He then considered Mr.. Boutwells
definition of impeaehable Offenses,
and argued at length that no action
could be so construed which did not
proceed from malice and evil inten-
ton, supporting his view by quota
tiOns from the records Of the Humph
rey trial, and also by the language Of
Burke, In accusing Warren Hastings,
when he expressly stated that the as
sertiOn and proof of evil intent we're
indispe ensable.
Mr. Evarts held that the best way
to determine the nature of Offenses
which may be deemed high crimes
and misdemeanOrs, is to consider the
punishme MT prescribed for them.
He referred to the punishment of
and in fOreible terms de-
serlbed the character aud magnitude
of the disgrace which such punish
ment involves. He claimed that the de-
of penalties provided in the
Tenure Of 0ffice Law for its infrac-
ton, showed the comparatively trivial
nature of the Offense, and a maxi
mum but no minimum of punish /
mont Is provided So, In the discre-
ton of the court before whom the in
dietment should be tried, the offender
could be let off with a fne of six
cents aud Imprisonment of one day.
He read from the debate on this
CuUlEEGe AD t4C tAIlC 0ACu NAlG BlLl
was prepared on which Mr. Williams
and the other Senators said there
should be no minimum fixeG, because
the offense might arise from mad
vertenee, aud would not, probably, 10
any case have a character Of moral
guilt.
Evarts then considered the general
debates on the bill, and proposed to
prove that the offense charged was
not made, or to be considered penal,
but more Of a political nature, and
then that even the alleged infractions
did not take place. He claimed that
all belief of the Presidents former
personal turpitude must be laid aside,
and it must be considered that he was
uuimpeachable before u o'clock on
February 2lst.
He then argued that even If the re-
moval of Stanton had been actually
effected, no change ID the relations Of
the War Department or to the rest Of
the Government would have ensued.
and hence that the mere act could
not be considered as dangerous to the
public safety, but on the contrary it
would have been benefited By It, be-
cause the relations existing between
the President and Mr.. Stanton we're
preiudicial to proper working Of the
Government; hence 1t resulted that
the crime contested IN the technical
infractiOn of the law. and If It be so
held, the law applied only 10 its re-
strictlons to himself. He believed the
law to be unconstitutional; it relates
to the ohense as not penal, and under
those pI~eT1 ru = "a t7oa- his action oarsi y
lot be deemed a crime.
He then briefly considered what
was meant BY unconstitutional law,