New-York tribune., 1868-04-23


friend, Assistant Secretary Of the Treasury.
The evidence fully susalns the statements made in the
opening argument OF Manager Butler u support Of Art
Gle nIne The facts regard Gen EInorys interview
with the President then well known TO the Man
ng contain all that is necessary he said upon that art
Gle IL may he added however that although the PreS
dent on the 22d had obtained from Gen Emory what he
now says was the purpose OF TINS interview knoWienge
Of the number and assignment OF troops In the City OF
Of February, he had interview with Gen. Wallace ap
pareny for no other purpose than to get from hn inc
same information which, the preceding day, lie had
received from Gen Emory
The learned counsel who opened the case for the Pres
dent seems not 10 have cOmprChended the nature Of the
oense set forth the 10th article HIS remarks upon
that article proceeded upon the idea that the House of
ibelng the Congress OF the United States No such
fense chareed nor II claimed by the Managers that
to libel SANDER the Government IL is for purpose
of protection indemnity punishment that we ar
Cleveland and St Louis We do arraign him for the
words spoken; but the charge in substance that man
who can utter the words which as proven were uttered
by him. IS unfit for the Office he holds We claim that te
common law OF crimes, as understood and enforced py
Parliament In of impeachment In substance TINS:
that no person in office shall do any act contrary 20 ne
good morals OF the Office; and that whe any Qnce -
guilty OF act contrary 10 the good morals OF the ooe
which he holds that act is isdemeanOr for the purpose
OF impeachment and removal from once. ,,,,or b
Judge Chace was impeached and escaped cOnWcuOh py
four votes only for words spoken from the bcneh OIL he
Circuit Court In Baltimore; words whcn are uecVIUus
and reputable when compared with the utteraces OF Mr.
Johnson Judge Humphreys was J oonvlctSd anu an ae
moved from office for words spoken tre2sOhaple IN ch
III.
Coyernment of the United States into contempt than
were the words uttered by johnson in his speech of
viced by the unanimous vote Of the Senators, nineteen
Of whom now sit on this trial II magistrate can ever
be guilty for words spoken. Of an lmpeachabe misde
meanor, there be no doubt that Mr. johnson Is SO
guilty. - a.. -, :, ooor,.o =, &, oon+-os+ tbo
nature Of the language used by Chace Humphreys and
johnson. forth in the articles of impeachment pre-
The eighth article in the case Of Chace is these
words: o.
United individual States and between the
Pupe bmonv oat which there can be no public happiness yet
said Samuel Chaee dsregaring the duties and Ggn,y Of h d9
Baltimore month Of NAV 1903 peer his Official right and dny to
n va 2 sr I % ~ polieai iaspgne with
good people against their State and eonst
sDbscomns Judge o the Supreme Court Of the United States and
y a @ 5 5ss sq S Sss 10 . the 1 5 Grssd Siy aeS
did in manner highly nnwarTanab eeavoI 70 Iee he eam o.
Government Of the United delivering opinions which II
Judiciary their suitable occasion
proper manner that time and delivered by him
highly indecent aude and tending to prostitute the mgh aea
eerng partisan"
The first article against Humphreys was as follows;
That regardless OF his duties citizen The United States and IN
mindful dues bis said once and violation Of the sacred ob
sSs and isa3 and spsy discharge al the duties incumbent
upon Judge Distinct Court Of the United states for the
United the ssd West HUMPHREYS the 10Th
STATE o. TIE S'3'I @ IVES: i a%pTsr. Hum ssH en- being Isu
.S S S the sDa STs oaT Of Se d S a for the several dis
ie Of said sss PSoe meeting on the TIE DAY and e & last sors
then there present dd ensayo G public speech 70 9e revolt 'o re-
United States and did then and there publicly declare that was the
the people ofths said State By an ordnance Of 70 a
states the Constitution and laws thereof
The offence with which Humphreys is charged in this
article committed the 29h day of December 1860
before the fall Of Sumter and when only State had
passed the ordinance of secession The declaration was
merely declaration IN public speech that the state OF
Tennessee had the right to secede from the Union.
The President in his speech Of the 18th Of August 1906
al Washington says:
We have witnessed in one department
prevent the restoration Of peace harmony and union we
were. body calling assuming the Congress United States
gre assuming Union when every they tool 20
ptase d,oaOn and make dissolution Pennsn9t We have seen
been legislation Iha took The character Of penalties retail
Of one department Of your Government
These words have been repeated frequently and the
public so much accustomed to them that ihey nave
apparently lost their influence upon the PUBLIC mind
But should be observed that these words as has been
preston Of fixed purpose of the President His design
was 10 impair, 10 undermine and. II possible 10 destroy
the influence OF Congress IN tne country Having accom-
him for the prosecution OF this criminal design 70 recon
sruct the Government in the interest Of the rebels and
through influence with them to secure his own elec
tOn to the Presidency in 1868 IL must however b" apa
rent that the words ia the speech OF Mr. johnson OF
than the words which spoken by Judge
Chace 70 the Grand Jury at Banoreor those uttered D
the latter was convicted by unanimous vote OF this
Senate and the former escaped conviction by four votes
only These words OF gTayer import, not merely III
the circumstance that they assa department OF the
Government, but IN the circumstance that uey Were
uttered by the President OF the United states III the TX
ecutive Mansion, and IN his capacity az President OF the
United States, when receiving the CONTAMINATION anu
support Of portion OF the people OF inc country zen
dered him In his Office Chief Magistrate Judge Chaee
although high officer Of the Government. w0s without
political influence and without PATRONAGE ms personal
and official relations limited, ana his remarks Wefb
addressed TO the Grand Jury Of Judicial district o the
Judge Judge Humphreys was comparatively unknown and
although his words were calculated 10 excite the cIehs
Of Tennessee, aud induce them TO engage IN uneohsuu
tonal undertakings. MS influence was limited neasura
bly to the people OF that State.
Mr. Johnson addressed the whole country and holding
in his hands the immense patronage ana influence belong
ing the Office Of President he was able To give pIdc
teal effect 10 the declarations he then made.
Moreover the case Of Judge Chace, as Is stated by
Mr. Dane IL his " Abridgement' Vol . ehap' zZ2l'
On the whole evidence remained ~ donb Sh wol be d ue
eduoBs intent rested solely on the words themselves and
words clearly proved the intent was II ooooi
In the of Mr. Johnson there IS no doubt about te
words uttered; they have been fully and explicitly
proved Indeed they not denied by the respondent
The unlawful intent with which he uttered he words not
only appears from the character OF the language en
poyed but is proved by the history OF MS
In his message OF the 2th OF june 1860 relating 70 the
Constitutional Amendment In his annual message OF De
cember 1866 and numerous other declarations he has
questioned and substantially deuiea' inc iesay oi the
In the trial OF Judge Chace II admitted by the re-
spondent that for Judge 70 utter sedous sentiments
with intent 10 excite sedon would be an impeachable
offense" Danes Abrdgement, vol 7, C. 222 And thls
not under the act known the Sedon act for that
had been previously repealed; but upon the general
principle that officer whose duty II is to administer
The law has right TO use language calculated 10 sur
up resistance TO law. II this be true OF Judge win
stronger reason Of the President OF the United
that he should set example OF respect Tor all
the Departments Of the Government ana OF reverence
for and obedience TO the laws Of the land. -,,,
The speeches made by the President al Cleveland ana
ST. Louis which have been proved and are found IN the
record of the case contain numerous passages similar III
character to that extracted from his speech OF the 18TH
of August, 1866, and all calculated and designed TO
impair just authority OF Congress While these dec
aratiOns have not been made the basis OF SUBSTANTIVE
charges In the articles OF impeachment they furnsh eV
deuce of the unlawful intent Of the President IN his utter
anoe the 18th OF August and also OF the fact that hat
uterance not due 10 any temporary excitement or
purpose which passed away with the occasion
which had called forth II declaration made IN ac
eordance with fxed design, which had obtained such
entire control Of his nature that whenever he addressed