The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-05-06


war and ne claimed, further. that every
one not stupid insane must see that II
Nj stanton nau been kept out Of his
Court, and a decision could never have
/ been obtained by the Presidents defense.
/ Ihat ne wanted 10 obtain a quo tOarrQnf0.
/ was7a mere bubble in the ears OF the SEN
{ ate. He asked why. iii the Presidents
] purpose in all he did was to secure dpci-
I sion Of the Supreme Court he did not IN
stitute the proceeding? 1t was because IL
f was impossible for him TO do so, as he
knew il would be, from the beginning:
He then read from Greenleaf, to Show
I that the President must be held respousi-
bic for what he did with ordinary in
4 Iellgence- IN repiy 10 MS defense, that
the act was not cOnsnm mated. ne said I'D
had been long settled that the attempt TO
commit a misdemeanOr was Itself an iu-
dictable miSdemeanor, In support OF
which proposition he cited legal authOri
u. He also held that any odense under
the common law was indictable in the
District OF Columbia, according 10 the laws
of 1871 and 1881 According 10 the Tenure
Of Office law, 10 made the removal Of STAN
ton and the appointment OF Gen. Thomas
a ni>demeanor, and no intelligent man
could deny they were impeaehable Of
mained to be considered was the constI-
tutiOnaiity OF that law. He might say that
was close question, that to aeknowl- dge
now that the Tenure OF ONCE Act which
after long discussion had been passed and
again passed over the Presidents ve;o,
and again approved on February 22d, W as
unconstitutional. II will be for the SEN
ale 20 deny its decision three times made,
aod confess u is the guilty party worthy ~
NJ Bingham then referred to his own
course, and that or the maj 0rity or his
party In opposing Impeachment until M
was unavoidable, and until the gods uad
made him mad, whom they wished 70
destroy. In regard TO the defense based
on the practice OF the Government during
eighty years, he denied that uch prdc ace
" as contrary 70 the spirit Of the Tenure ~
once, but claimed that the acts OF I7s3 aud
1892. and subsequent years, ali implied and
ASSUME "a the power OF Congress TO regulate
the ent Re subject IN regard to the deciara-
tons OF the Pres dent, which, eon-
trary to all rules of evidence, had been
atduced in his defense. he said they We're
al made after the fact, aud that ne was
not sorry they all cOncurred in showing
the Presidents unjustidable purpose.
Bingham then took up the. ciarges Of
conspiracy, and argued that the Joint ac-
ton Of the President aud General Thomas
was fndictaDle under the Conspiracy Act
Of 1851 but said that the indictment OF
GeBera Thomas would be useless until
after the Presidents impeachment and
conviction, since the latter would nuillfy
IL by the use OF his pardOning power. In
the Interests of justice, men, the convic-
tion Of the President vgsis demanded. Il IL
We're urged this was small Oftense. he rr-
minded Senators they were not granted l
fbe avidence 0r General Thomas and
clatmei TO show therefrOm that he nd the
President had con pred together in refer
ence TO various matters concerning army
movements and appropriations, bur ou
conference had decided to let their matte 3
rest until they should see whether an acc
quittal would not give them a better
Bingham. at this point. stated it would
take him an hour more 10 finish, and the
Seaate and Court adjourned At 4;05.
HOIS -. ........... W AsIUNGroN. Mays.
The Speaker announced the select Com
mittee TO investigate Washburne's charges
against Donnelly, as Messrs Banks,
Thomas, OF Maryland Poland, Griswold,
Blair, OF Michigan, Woodward, and
Dawes. al the request Of Butler. intro.
duced resolution that the Committee
also inquire into the allegations Of Brooks
on Friday. relative 20 Butler.
Brooks said he wouid not object to the
reception OF The resolution, II he could
move an amendment extending the limits
of fhe investigation.
bawes replied thai he could present his
proposition "A separate matter.
The House then proceeded 10 the Senate.
Upon reassembling, Kerr introduced "A
bin amendatOry Of the Pc sion Act Of 1854,
authorizing pensions granted in certain
cases, to da e from the discharge or death
OF the soldier. Referred.
DonnelIy, on leave, introduced a bin 10
grant the construction of railroad from
IaylOr's Fails, via 81. Cloud, TO the west
ern boundary Of the state. Referred, there
being no objection.
Brooks stated his reasons for objecting TO
the resolution. He desil ed that another al
IegatlQh Dy BuLer, Wnlch involved ques-
lon 0i NeraclLy DeIWeen hlinsef ana JhaJ
gentleman, should be Investigated, viz:
That in relation % the New York E1press.
He read a letter from >. T. Clark, denying
the truth OF Buffers statement and said IL
the matter or $50. 900 Ia gold was to be In
vestfgated it was nece sary to follow IL
with an Investigation OF the whole of
the New Orleans Military Department.
Iawes said he offered the resolution at
the request Of his colleague LButlerl. on |
whose character for integrity the remarks /
Of the gentlemen from New York reflect |
ed, and not that he believed there was
sufficient ground in the charge for an IN
YestigatiOn.
Eldridge desired TO make some sugges-
tions before the House should determine
to act upOntn resolution; but Be- iauin I
objected.
fine Speaker presented brief message
from the President, enclosing certain docu- I
ments which have been submitted 70 hIm,
relative TO the proceedings TO which they
refer in south Carolina and Arkansas. I
They include the Constitutions Of those
states. Referred 10 the Committee on Re-
obstruction.
Brooks asked unanimous consent 10
offer resolution which he considered nee Z
essery for proper Investigation.
Dawes said II tile House should rule 10
consider he would have cOntrOl OF 81.
The House agreed 20 consider Dawes's
resolution. WhereupOu he all wed AIr.
BTo9ks 70 ouer ms proposllo1, WhicL o.
reefs the committee 10 bring 0-iD them
the report Of the Special Comm s-ionerss
Major General W. r. Smith and j. 4. Bra
dy. appointed BY President Lincoln. ana
Secretary stanton, 10 investigate the mai
administration Of New Orleans during iAe
war, and specially Of General Butler and
his connection in the trade ot Lakes
Borne and POnchatrian with his Dr0lheff
A. j. Butler.
Dawes thought 10 altogether unnecessary
TO instruct the committee.
ton and ordered the main question
Breek asked the Chair whether, If the
resolution should be adopted relative 70
I the misapprO pTiatiOu Of gold % WOuld be
competent 10 inquire the misappropria-
tiOu Of spoons and plate, provided the
The Speaker said the inquiry was not
Dawes resolution was agreed to.
Cary rose % question OF privilege and