The Portland daily press., 1868-03-31
XLth 0ONGREss-3econd Session
The Impeachment Trial.
BUTLER's OPENING.
SENATE.


appeals to the Court of Claims, which wa
amended and postponed until to-morro
Mr.. Trumbull called up the bill to reliev
Mr. Butler, of Tennessee, from political dsa
bilties. The question was ON Mr.. Buckalewi
amendment to strike cut the word Constitu
ton from the clause proposing to relieve tn,
disabilities imposed by the Constitution an,
reconstruction laws.
Mr.. Buckalew argued that the reconstruc
ton laws having no applica ton to Tennessee
Mr.. Butler could not properly be relieved from
the disabilities imposed by them.
AT ten minutes past IL Mr. Buckalew CAV,
way at che suggestion OF Mr.. Sherman, who
presented report of the committee of confer
6nce on the bill to relieve certain manufac
lures from internal revenue tax.
Mr.. Hendricks moved that the report be laid
over and printed.
Mr.. Sherman moved immediate action, say
ing that everything Objectionable to the SEN
ate had been stricken out.
Several Senators opposed acting on the re-
port Immediately, and Mr.. Sherman consented
TO have it go over, givins notice that he would
press it early as possible.
MIR. Hendricks motion was modified SO as to
order the printing simply, and was agreed to
AT l2,90 the President pro tenn vacated the
chair, which was Immediately taken by Chic
Justice Chase.
The Sergeant-at-Arms made proclamation
commanding silence
The Presidents counsel entered and took
their seats at 1870 o'clock
The Sergeant-at-Arms announced the man.
ayers on the part OF the House of Representa-
tives, who took their places, with the excep-
ton OF MIR. Stevens, who entered soon after
wards and took seat slightly apart from the
managers table.
The House of Representatives was then an
nounced, and the members appeared, headed
by Mr.. Washburne of Illinois, on the arm OF
the Clerk of the House. and were seated.
Minutes OF the last day of trial were then
read.
Mr.. Butler commenced his opening speecb
at quarter before l o'clock. He spoke at
great length, presenting to the Senate several
propositions of fact and law upon which the
House OF Representatives would endeavor to
sustain the cause of the people against the
President. The speaker reviewed the i'm
parchment trials of other countries in order
10 show in the light of those precedents what
really constituted Improbable Offences He
defined an impeachable high crime or INSIDE
meanor to be one in its nature or consequences
subyersive of some fundamental or essential
principle OF government or highly prejudicial
to public interest," and this might consist of
violation Of the Constitution, OF law, of official
oath or of duty, by act committed or omitted !;
or without violating positive law by the abuse
Of discretionary. powers from improper mo-
tlves or for any improper purpose.
Mr.. Butler referred to the impeachment of
Lord Dandy. He said this case went great
way towards establishing the principle that no
Minister could shelter himself behind the
throne by pleading obedience to the orders of
his sovereign. He was answerable for the
justice, honesty and utility of all measures
emanating from the Crown as well as for their
loyalty, and this executive administration was
or ought to be subordinate iu all great matters
Of policy to the superintendent and virtual
control of the two Houses of Parliament.
The speaker then reviewed the question
whether the High Court of Impeachment was
really the Senate or not, and passed on to the
matter of competency of one of the triers on
account of affinity to the accused. We believe
1T is his right, nay his duty to the State he
represents to sit upon the trial as he would
upon any other matter which should come be-
fore the Senate. His seat and vote belong to
his constituents, and not to himself, to be used
according to his best judgment upon every
grave matter that comes before the Senate.
Mr.. Butler concluded his arguments as fol-
lows:-Whe does not know that from the hour
when the President began his usurpations of
power he everywhere denounced Congress, the
legality and constitutionality of its action,
and deied its legitimate powers, and for that
purpose announced his intentions and carried
out his purpose, as far as he was able, of re-
moving every true man from Office who sus-
tanned the Congress of the United Stltes. And
1t is to carry out this plan of action that he
claims the unlimited power of removal, for the
illegal exercise of which he stands before you
this day.
Who does not know that in pursuance of the
same plan he used his veto power indiscrimin-
ateiy to prevent the passage of wholesome
laws enacted for the pacifcation of the coun-
try, and when laws were passed by the Con-
stitutional majority over his veto, that he made
the most determined opposition, both open and
covert to them, and for the purpose of making
that opposition effectual he endeavored to ar
ray and did array all the people lately in re-
bellion to set themselves against Congress and
against the trne and loyal men, their neigh
DOrS. that murdars qSSaSqinaf i0na and
sacres were life all over the Southern States,
which he encouraged by his refusal to consent
that single murderer be punished, though
thousands of good men have been slain; and
further, that he attempted by military orders
to prevent the execution of the acts of Con-
gress by the military commanders who were
charged Herewith.
THESE and his concurrent acts show eonclu-
sively that his attempt to get the control of the
military force of the Government by the seiz-
ing of the Department Of War was done in
pursuance of his general design, if it were pos
sible, to overthrow the Congress Of the United
States; and he now claims D Owl Will Tor
the execution of this very design every oiisseer
Of the army, navy, civil and diplomatic service
of the United States. He asks you here, SEN
ators, by your solemn adjudication, to confirm
him in that right, to invest him with that pow
er, to be used with the intentland for the pur-
poses which he has already shown The re-
sponsibility is with you.
The safeguards of the Constitution against
usurpation are in Your hands; the interests
and hopes of free institutions wait upon your
decision. The House of Representatives has
done its duty. We have presented the facts
in constitutional manner; we have brought
the criminal to your bar and demand judg-
ment at your hands for his great crimes. New
er again, if Andrew johnson go quit and free
this day, can the people of this or any other
country, by constitutional checks and guards,
stay the usurpations of executive power.
speak, therefore, not the language of exagger-
alton but the words of truth and soberness in
saying that the future political welfare and lib
critics of all men hang trembling on the decis-
ion of this hour.
During the delivery of Mr.. Butler address,
which he read from printed slips, the Presi-
dents counsel were attentive listeners, and
took occasional notes. The stenographic re-
porter of the Attorney Generals Office was,
mean time, industriously taking it down at a
managers table,
The same orderly and we'll dressed audience
as on former occasions comfortably filled the
galleries. Carl Schurtz was observable among
those admitted to the privileges of the floor.
Mr. bingham, one of the managers, then
rose and said:-Mr. President-The managers
on the part of the House are ready to proceed
with the testimony to make good the articles
of impeachment exhibited by the House Of
Representatives against the President of the
United States, and my associate Mr. Wilson
will present the testimony.
Mr.. Wilson, wish to state in behalf of the
managers that, Notwithstanding the meaning
of the documents which we deem important
to be presented in evidence have been set GU
in the exhibits accompanying the answers ant
also in some of the answers, we still are OF tn
opinion that it is proper for us to Introduce tn
documents originally by way OF guarding
against any mishaps that might arise from i'm
perfect copies set out in the answers.
Mr.. Wilson then offered in evidence cerhhe'
copies of the oath of Office by President John
sson, of the appointment of Secretary stanton
by President Lincoln and of the ratification Q
said nomination, and of President Johnson
communication to the Senate assigning tn
reasons for suspending the Secretary of Wal
alter which the Court adjourned till 70 o'clocl
tomorrow, and the Chief Justice vacated th
chair.
The President pro tenn called the Senate t
order
The report of the committee of confa,anc
on the bill to relieve certain manufactures fror
internal tax was taken up, and after conside,
able debate agreed to, whereupon the Senat
adjourned.
Mr. Eliot introduced a bill relating to thir
assistant engineers in the Naval Academ
Referred to the Committee on Naval Affair
Also, the memorial of Charles q. Nazro, Pre-
ident, and other officers of the Board of Trad
and p. w Lincoln, n. Thomas Lamb and
others, merchants and citizensof Boston, pra
ing for legislation in aid OF the shipping al
carving trade OF the United States.
Mr.. Churchill introduced bilFto amend Il
act of March i, 1892, relative to the offices
President and Vice President of the Unite
States, requiring new elections in case of Il
interval OF eighteen months between =
double vacancy and the ordinary terminals
of the Presidential term. Referred to the J
dietary Committee.
Mr., Churchill introduced bill suppleme