The New York herald., 1868-03-04

Iaisenood OF any accusation against - An un
constitutional body. The gravamen OF the srucie was
the words we're spoken 81 all, whether true or taso
shat any man should be vile 70 use such language
ana especially that President OF the United states
should do 90. The moment this article was made the
foundation for delay Il would be compeent Tor Inc
managers 70 withdraw t or 1 offer no proof upon u.
MI 1Ahs'sLD suggested thai they could Withdraw par"
Mr. BUTLER asssntsd, adding that IL contained three
spscnca'ions and that 1t was so drawn up with that
Mr. Huso.s dem, Of Ohio. rising to question Of
an article adopted by the House.
The SPEAKER declined to entertain the point order
a. !. was not question before the House.
hr. GErz tdem.l OF Pa. asked whether would be In
order 10 inquire whether the attacks Of the President
upon Congress had been half scandaous and indecent
~ the attacks Of Congress upon the Presldsntf
foor TO make the inqsiry
possa s " sS. s,e stated s. % ". sp
II the President were put on bis trial under m would
take length Of time " bis counsel should desire 10
Warren Hastngs and the second being that charged
no crimes but only utterancss that indecent
SSneecomng In the Chief Magistrate Of The United
which conviction could be had. They wore hisb crimes
and msdemeanors and neither was charged in this
den. to make remarks while be was .'sw,ng-
ing around tho circle" that might be dis.
to make; hence hs believed there was nothing 10
the article An which conviction could be had. He had
yet tc learn that the President any civil officer could
and hs only asked hst the article should be framed
that court Of impeachment could entertain IT.
doctrine which he had supposed dead aud buried that
the President could only DO impoached for crime or
msdemsanor had been again resurrec.ed in order that
he might get fair lick az Is. (Iaughter.j The pro.
position was that for the lowest degree OF indct.
able crlme-to WIT. assault and battery or sell.
be impeached. but that he could not be
iDpeached whom be usurped the liberties OF the people,
ton the Presid0nt he mn
ing liquor without license but couId not be impeached
for getting into carriage and riding up and down
side Of him. reeling drunk for he Of statute
against that. He would inform the gentleman from
charge that the President brough, himself into rdcue
and contempt that he welcome dol but that ho
brought the high office which he ns occupies into
sovereign disgrace, rdicnIe and contempt so that
hardly respectable for decent to oil hereafter Was
not that an impeachable .mIsdemesnor? He did not
Judge Story, who used these words about impeach.
ment:-"lt 10 proceeding probably the fairess that
could os DEVISED % BY which the people. through The
more directly and fully represents them. call IN
question the fitness Of their public officers and dismiss
them II unit" He would like TO see anyb body IN tho
House in the country their side that
Andrew Johnson was a OF man to be President Of the
DEMOCRATIC MEMBkR-"There's logic for youl"
Mr. BUTLER proceeded say that the article mad been
drawn directly within the precedent IN Judge Chase s
Judge Chase comprising Mr.. Writ, ventured say that
the article If proved, misdemeanor within the
meaning OF the constitution
Mr. ELDRDGB inquired whether the opinion cited from
Judge Story not In direct conflict with the decision
OF the United States Supreme Court on that very
point.
Mr. BUTLER answered, decidedly no. adding that the
United States Supreme Court had never decided that
question, had jurisdiction to decide It. That great
question TO be decided first by the House OF Repre-
senatves and then by the senate sitting in It's judicial
capacity. II The supreme Ccar, undertook to decide y
its decision should be brushed away cobweb. for
the judges OF that court themselves liable 10 be
adjudced upon BY that higher court the Senate OF the
United States The articles already adopted presented
only the bone and the snew OF the offences
OF Androw Johnson. He wanted TO olothe that bono
and with fesh aud blood and TO show him before
the country az the quiverng sinner that he 49, that
hereafter, when posterty TO examine the proceed
ngs, might not have cause TO wonder that the only
technical one. He would have him 60 down to postery
the representative Of this age. With label upon
him that would stuck s sS him through al y time
stated that he himself was the member referred TO by
Mr. Butler as dissenting from the reporting Of this sr
the articles adopted yesterday vas one on
which Andrew johnson could be convicted and
shas wn. the House Controlled the present
could not control the proceedings before the Senate
The House could not determine what question the de-.
what time might be taken up In their
consideration; what witnesses might produce,
what testimony 1t might introduce-al that TO be
determined by the court As to the Chase being
precedent for the article, did not the gentleman from
MaSsacnuSetts tuat tnat case resulted ia an
acquttaS II II was worth ANYTHING at oil. therefore
u worth something a warning TO try In this
case what had failed 10 that There was this other dis
tipct0n between the two cases-ths utterances from
Judge Chase had from his lips while be sitting
on the bench presiding as Justice over the
United states Court; not his uterances from
the steps balcony OF hotel the city or 81.
Louis II was nowhere alleged that the President .
utierances- sible as they were outrageous
improper and in instances inamous-wero spoke
by HIM while be was dischargng the duties OF his oce
those OF Judge Chase The House knew his mr.
peachments; but he willing TO let the 60 to the
court order the doctrine might be settled but he
begged the House TO remember that under the article
now proposed counsel for the defence might prolong
indefinitely unless the article was withdrawn
suggested. But would the gentleman Mr Buterl with.
" he did not believe that there would bo remain.
ing in tho case enough 10 convict the Presdsntr And,
II ne believed why load down the record with this
additional article
Mr.. BUTLER replied to Mr.. Wilson'S argument He
held that though judge was only IN his Official position
while on the bench. the President was In bis whether
the balcony OF St. LOUIS Hotel In the East Room
Of the White House He reminded the House that
Judge Humphrey. Of Tennessee, had been impsached
the compliant OF Andrew Johnson himself for poi
tca speech delivered the stump before the
fore Fort Sumter Cred upon before South Carolina
had seeded.
Mr. WILSON begged to correct the gentleman. The
speech n gu eston had been made after the OF
the ordinance OF secession OF South Carolina and after
South Carolns had levied against the unod states
Mr. BUTLER suggested the inquiry IN Latin Qau castc-
diet citodosp who shall correct the correctorY or who
shall keep the keeper and he denied on the l9th
speech for which he was impcached, there was war
between the United States and South Carolina As to
the OF Judge Chase the article similar to that
before the House the which got the most votes
for conviction, and the only article on which the
vote was not strictly party He did not think his
friend from Iowa would have objected TO this article II
he bad not about him the lingering ghost OF his dos-
trine about ndcabe He trusted the House would sus-
tam tho action OF the Managers reporting this article
and also other articles which they we're prepared Ia
report.
Mr. LOGAN, (rep OF H., argued in favor OF adopting
the article. 10 n ycted
on every count In Indictment and he supposed there
was not lawyer in the House who would say that he
ever knew conviction to fail because there were too
many counts In the indictment. lie thought Andres
johnson could be convicted on the articles already
adopted, but others might have different opinion, and
certainly the adoption of the proposed article would mol
facilitate his acqutta. He could not therefore
see the possibls injury that could DO
The gentleman from Iowa tMr. wilson,, was
a good LAWYER, technical lawyer, and Chairman
OF the judiciary Committee; but he deemed y
strange that man should become 20 technical
that everything must DO judged In tue House TO be the
law exactly as he lays down or else that can not bs
law. IL conviction could be had as he believed Y
would be- the article already adopted. additional ar
a