The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1868-04-10
IMPEACHMENT

| ue COuTl IncL dL HOOn Oh MOHudy
to proceed with the trial of Andrew
johnson.
The Managers appeared, and Gen.
Butler opened the case for the Man
ayers on the part of the House. with
a speech of great power.
He spoke at great length, present
ing to the Senate. the several prOpO-
sitions of fact and law upon which
the House of Representatives would
endeavOr to sustain the cause of the
people against the President. He re-
viewed the impeachment trials of
other countries, in order to show, in
the light of those precedents, what
really constituted impeachable often
ces. He defined an impeachable
high crime or misdemeanor to he one
in its nature and consequences snb
versive of some fundamental or es-
sential principle of government, as
highly prejudicial to the public inter
ests, and this might consist OF vIo-
lation of the constitution, OF the laws,
OF an oltieiai oath, or ef a daty, Ly an
act committed or omitted or without
violating any positive law by the
abuse of discretionary powers from
Improper motives or for any improD-
er purpose He referred to the i'm
peachment of Lord Dandy, a case he
said which 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. lie was
answerable for the justice, the hon
esty, the utility OF all measures EN-
anating from the Crown, as we'll as
for their legality, and thus the exc
cutive administration was, or ought
to be, subordinate in all great mat
tiers oftrue policy, to the superinten-
dence and virtual control of the two
houses of parliament.
The speaker then reviewed the
question whether the High Court oi
Impeachment was really the Senate
or not, and passed on the matter OF
the competence of one of the triers on
account of affinity to the accused
He said:
"We believe it is his right, nay. his
duty to the State he represents, to sit
on this trial as he would upon any
other matter which should come be-
fore the Senate. His seat and votes
belong to his constituents, and not to
himself, to be used according to bis
best judgment on every grave mHtter
that comes before the Senate"
Mr.. Butler then recited the articles
of impeachment, and said the House
OF Representatives and the people
have joined issue with Mr. Johnson
as to his right to act as he has. This
Tenure of of Office Bill which he has
violated, received the requisite sane
ton of both the Senate and House Ol
Representatives after full consider
alton of his objections.
The power which he has attempted
to exercise is Kingly. The power OF
removal was very elaborately debated
in the first Congress or the bill to
create the State Department. 1t was
debated for four days, and finally was
framed so as to imply that the power
of removal was in the President but
the triumph of its supporters was
short lived; when it came to the
House, on motion of Mr.. Benson, the
Iprovision implying powers of reno
val by the President, was stricken
out. 1t then went back to the Sen.
ate, but as the debates there were in
secret session, we have no means oil
knowing what did take place but we
learn from the journal that this pro-
vision, implying the power of removal,
was retained by the casting vote ol
John Adams, Vice President. Alas
Almost all our woes have come from
our Vice Presidents. Notwithstand.
ling this, the facts show that the Pres
Iident made no removal without mott
fying the Senate. President Adams
removed Mr.. Pickering by nomina
ting a successor to the Senate. None
of the early Presidents had ever at
tempted to exercise the unlimited
Ipower of removal now assumed by
the present occupant OF that chair.
Congress has always asserted legis
.Ilative power in reference to removals
from office, some times in one way
and some times in another.
i Mr.. Butler cited further acts ot
Congress, in suppor. of his position
and after stating the events Of Feb
ruary, the removal of Stanton, ap
| pointment of Thomas, the interview
with General Emory, etc, concluded
his argument as follows:
"Who does not know that from thu
hour the President began his usur
pations of power he everywhere de
i nounced Congress, the legality and
constitutionality of its actions, ant
deaed lts Legitimate powers, and fol