Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-04

Il II
",il, an.- we'd from the Secretarv .
Amt ~..r "i-ing whether auy
war TO the resolution inu~ e>bO
and what mftitsry distrsrt. h, with Ia,
Eshed in the p4sfrict of Columbia q
numbers, names, rank, and duty of ON cers, -
.ne expense involved; also, whether officers
nave been detailed for duties other than militia
~, and, II SO, under what law or by what au-
thority II is authorized. Referred 10 the Com
mittee on Military Affairs.
On motion of Mr.. Anthony. the Senate pro-
ceeoed TO the consideration of the report OF the
Senate.
The Clerk read the rules, which were then
laid over for further consideration, and at ten
minutes past p the Senate went into executive
session, several messages having been received
from the President.
sE-Iesterday, after your report closed.
The Speaker presented Executive communi-
cation from the Postmaster General, in relation
TO pay TO railroads between Baltimore and
New York.
The Speaker presented a message from the
Senate informing the House that the Senate is
ready to receive the managers appointed by the
mouse OF Representatives TO carry to the Ser
ate articles of Impeachment against the Pref
dent. he message was entered on the journal
The House then went into Committee Of the
Whole, Mr.. Ashley, of Ohio, in the chair and
proceeded to the consideration of the post once
appropriation bill.
Mr.. Blaine explained the bill. and after con-
rI-
ported the bill TO the House, and i; was passed
Mr.. Schenck, from the Committee OF WAYS
and Means, reported back the bill for the relief
of certain exporters OF distilled spirits-the
same as he reported AT the close Of the proceed
Ings last Friday.
Alter explanation and discussion, the bill
was passed.
At quarter past three o clock,
Mr.. Butler rose and reported, from the man
ayers of impeachment, the additional article,
published in full in the STIR of Monday, I'd
instant,) remarking that there was but one dis
sentient voice upon it among the managers, and
that it had failed on Monday on account OF
want Of time.
Mr.. Butler addressed the House in support of
the article. precedent for il was to be found
In the impeachment of Judge Samuel Chase,
against whom an article, framed this article
is, was presented, and received more votes sus-
tanning il than any other article on which ne
had been tried He understood what the diff
Guilty had been In the House yesterday on this
article. 1t was fear lest the trial might be
protracted, first, by the attempt 10 prove the
ayerment, and second, by the calling of a large
number of witnesses for the defence. On the
part Of the House, they should only have to call
the stenogTaphers, with their notes, who re-
ported the speeches These men Were known,
and could easily BE- produced. On the part of
the President, he could only call persons TO
show that he did not say the things alleged
against him. Therefore. there could be 20 de-
lay. The managers Won Ia have the thing all in
their own hands. They had a right TO strike
out any article, OF 10 decline presenting proof
to sustain II. This article WAS. therefore, with
in the precedent. il was an article that struck
the mind Of any one who read il; and there
could be no doubt of its truth. There could be
no doubt of the President having used blasphe-
nous and unholy Ian guage in addressing a ieer-
ing, drunken crowd.
Mr.. Garfield said he noticed that by the rules
adopted in the Senate, each member of the Sen
ate would have a right TO speak ten minu es on
every introductory motion and question, and
suggested whether that might not protract the
trial to an unlimited extent If so, he should
certainly be opposed 10 this article.
MIR. Butler replied that in regard 10 the adj
instability of the evidence there was but one
question. That was, TO prove the words. IL
would b. observed that the article dif not al
lege The falsity of the words, because, in his
judgment, IL was not according To the digrity
of the House or Of the Senate To try the ques-
ton OF truth or falsehood of any accusation
against Congress as an unconstitutional body.
The gravamen OF the article was, that If the
words were spoken al all, " neither true or false.
any man should be so vile To such lam
Puage, and especially that President of the
United States should do so. The moment this
article was made the foundation for delay, 1t
would be competent for the managers TO with
draw it, or to offer no proof on it.
Mr.. Garfield suggested that they could with
draw parts OF II.
Mr.. Butler assented, adding that At contained
three specifications, and that il was SO drawn
UP with that view.
Mr.. GetZ "a ked whether il would be in order
TO inquire W neither the attacks Of the President
upon Congress bad b.eL half as scandalous and
indecent az the attacks Of Congress upon the
President.
The Speaker said it would be if the gentle
man had the floor TO make the inquiry.
Mr. W oodbridge stated that he opposed
TO the article for two reasons; The first being
that if the President Were pat his trial un-
der II, il would take length of time-if his
counsel should desire 10 consume Unequal
to that occupied in the trial of Warren Hastings
and the second being that il charged no crime,
but only utterances that Were indecent and I'M
becoming in the Chief Magistrate Of the United
States There was bat two classes OF offences
on which conviction could De- had. They Were
high crimes and mlsdemeanors, and neither
were charged in this article. 1t was not A crime
for the President TO make remarks, while he
was ssswiB ging around the circle that might
be dIs,asteful to Congress, or improper for him
TO make. Hence he believed that there was
nothing in the article on which a conviction
could be bad.
Mr. Butler expressed his salts ia ction that that
old doctrine, which he had supposed dead and
buried-that the President could only be i'm
peached TOR a crime or misdemeanor-had been
again resuIrected, in order that he might get A
fair lick n ii. Laughter. The proposition
was that. for the lowest degree of indIctable
cIime-to wit: assault and battery, selling
liquor without license-the President might be
impeached; but that he could not b. impeached
when ne usurptd the Liberties of the people,
because no indictment lay against that. Tne
proposition was that the President might be
impeache9 for selling liquor without licease,
but could not be lmpeached for getting into
cafrIars and riding up and down Pennsylvania
avenue Win TWO baO women. one on CaCn Side
of him, reeling drunk-for he knew of no stat
ute agar INST that. He would inform the gentle
man IRON Vermont Mr.. Woodbridge that this
article did not charge that the President brough
hims elf IN to ridicule and contempt-that he was
welcome TO debut that he brought the high
ON ce which he fills-no. occupies-into sover-
eign disgrace, ridicule, and contempt, so that il
was hardly respectable for a decent man to fill
il hereafter. Was not that an Improbable mis-
d, meanorf He did not stand on his own word
alone, but the authority OF Judge st ory,
" no used these words about Impeachment
alt proceeding. probably the fairest that
could be devised, by which the people, through
the action of that branch OF the Government
which more directly and fully represents them,
call in question the fitness of their public
officers, and dismiss them ii unfit
He would Ike 10 see anybody in the House
or in the country, who was on their side, vote
that Andrew johnson was 4 ut man to be
President OF the United States.
A Democratic Member There's logic for
you.
Mr.. Butler proceeded to say that the article
had been drawn directly within the precedent
in Judge Chases case, and that none of the
great lawyers who helped Judge Chase-com-
prising MIR. Wirt-yentured to say that the
article, If proved, was not misdemeanor with
in the meaning OF the Constitution.
MIR. EldIidge inquired whether the opinion
cited from Judge Story was not in direct con-
fiict with the d. csion Of the United States Su-
prsme Court on that very point
Mr.. Butler answered decidedly no; adding