The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-24
BY TELEGRAPH
CONGRESS.
WAsHINGToS, April ..
SCALE

The Court opened in the usual form.
Mr.. Grimes offered an order that the
Court meet hereafter at 12, but being
objected TO It laid over.
AT ll:2O Mr.. Boutwell, resumed his
address. When MIR. Boutwell, had
concluded, at l:o5, on motion of Mr..
johnson the Court took a recess of if
teen minutes.
on re-assembling at I:4O, Mr.. Nelso n
took the floor and delivered an extern
pore address. After alluding to the
magnitude of the case, and to what he
deemed his own inability properly 10
treat it, he said he should consider
many points, which, though not right
fully belonging to the case, required
attention, because they had been intro
duced by the Managers. BE referred
TO the charges of the evil nature,
wickedness, and detestable character
which had been brought against the
President; which, so far, had remained
unnoticed by his Counsel; the Presi-
dent was accused of being every
thing from political criminal
to q common scold. These aecu-
sations, stigmRs and aspersions he in
tended to examine. Mr.. Nelson then
asking who is Andrew Johnson pro-
ceeded to sketch the Presidents early
life and career, and passed high en-
conium on his patriotism and public
services; referring also to the TACT that
his neigh bors, and those who like him
self TNeIsop1, knew him best, sustained
him and believed him innocent. Mr.
Nelson felt he was not addressing
merely Senators and politicians, but
judges whom he begged TO rise above
prejudice or party considerations, and
do impartial justicei and referring TO
the immense outside pressure which II
was impossible 10 conceal what un-
worthy persons and journals sought
to bring to bear upon them, and he
ssid hewas confident that they would re-
pei il with Indignation. If he could be-
Iieve that the result of the trial was a
Ioregone conclusion, humble individu-
al that he was, he would scorn to ad-
dress them, and he asked them as far
as possible 10 put themselves in the
Presidents place and judge OF his feel
inRs, and motives, and intentions, u
privilege accorded to the meRnesI Grim
inal. Citing the resolution declaratory
of the purposes of the war, which was
introduced. by Senator johnson just
after the battle OF Bull Run, was
nassed by Congress, and still remains
unrepealed, he claimed that the Presi-
dent had acted upon and still main
tanned its principles. he argued that
President johnson, alter the surrender
of Gen. Lee, endeayored faithfully TO
carry out the policy OF his predecessor,
which was based upon that resolution;
although Senators may conscientiously
believe he was wrong in his action re-
garding the formation of new State gov
ernmeuts, they must admit there is no
express provision in the Constitution
for reconstruction, and that the Presi-
dent had a right to his own opinion,
more especially as peace had not been
restored, and the necessity Tor prompt
action was pressing; the honesty and
integrity OF the motive must in charity
be presumed in such case, preferrinG
to the recognition by Congress of 8
State government in Virginia, formed
without the passage of any reconstruc.
tion, He claimed that Congress had
also justified the Presidents policy;
Congress had also in its act of March
LIST, 1867, dated the cessation of the war
from August 1S66-the time liked on
in the Presidents proclamation, thus
recognized its validity, and also be
TNelson1 claimed the fact that the re-
oelIious States had not been out OF the
Union. Having thus endeavored tC
dispose of the charge OF usurpatton
Sc., based on the Presidents conduci
in Fformer years, Mr.. Nelson said he
would consider the important question
whether or not this body is a court. He
denied that authority or precedent was
to be found for its guidance in Parlia
ment, except in the same way thai
history was to be consnlted; this IS the
tribunal of the Constitution.
Mr.. Nelson quoted from Debates or
the formation of the Constitution II
support of his view that the Chief Jus
tice wns called upon to preside al
Judge, and WIS expected to state the
law, and also decide in the first instanc'
upon all la~-Questions which arise
He further contended that the use o
the word trial in the Constitutions
provision for impeachment shows th'
judicial character of the Senate at thai
time. He proceeded to characterize th'
propositions advanced by eManageEs
that the Senate was bound by no COM
mon or statute law, butHas law untC
| itself and that common fame WAS sum
cient evidence and ground for its action
| ls a startling declaration frauSht viii
danger to the country. he held theN
must consider their case very lame l
! forced to receive evidence on common
| fame, which the old adREe say!
| Is a common liar in the loves
courts, and by courts alone ar
! iustice and aQuality maintainedi NJ
such claims would be advanced and
their very oaths showed that they Wer'
bound by the laws. BE denounced a
morally improper the considerations
nut forward by the Managers, that
The people of the country demanded
conviction and that the public pulse
beat ftfully while they delayed it. Mr.
Nelson then discussed the meaning o
the terms treason, bribery, and Other
crimes and misdemeanors; he held
that as at the state OF the formation o.
the Constitution treason was punisha
bic with death, while bribery was not;
the word "crfmes'' must be construed
with the former, and the word "misde'
meanor, ;" with The latter, hence that nc
ofense is impeachable that is not
misdemeanor of the class to which
bribery then belonged.
At this point, at O'Clock, on motion
of Mr.. Yates, the Court adjourneoi
and the Senate also, after brief legis-
lstive session.