New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-12
TIE IMPEACHMENT TRIAL.
Opening Argument of General Butler


Opening Argument of General Butler.
We have received a pamphlet copy of the
argument OF General Butler before the Sen
ate sitting as a high court of impeachment
delivered on Monday, March 80 1t is be,
yond doubt one of the ablest speeches OF
the kind ever delivered in the United States.
The logic is close and the argument conclu.
sive upon every point raised by the distin
guished manager. We regret that we have
not room for the whole spec CHI, which fills
eleven columns of the New York dailies in
small type.
The argument opens with a history of i'm.
parchment trials, both in this country and
Great Britain, from whence our own laws
and precedents in regard to Impeachment
are derived. He draws the lines sharply
between the Senate sitting as court of
impeachment and a judicial tribunal;
One ofthe important questions which meets
us at the outset is, is this proceeding a trial
as that term is understood, so far as relates
to the rights and duties of court and iury
upon an indictment for crime? Is it not
rather more in the nature of an in0uest
termined 1t to be the latter, because, under
its provisions, the right to retain and hold
ONCE is the only subject that can be finally
adiudicated, all preliminary INQUIRY being
carried on solely to determine that question
and that alone. All investigations OF fact
are in some sense trials, but not in the sense
in which the word is used by courts, Again
as correlative question: Is this body now
sitting to determine the accusation of the
house OF representatives against the presi.
dent of the United States the senate Of the
United States or court If this body here
IS court In any manner, as contradistin.
guished from the senate, then we agree that
many, if not all the analogies of the pro-
ceedures OF courts must obtain; that the
common law incidents of trial in court
must have place; that YOU NAV he
bound in your proceedings and adiudica.
ton by the rules and precedents ~
the common statute law: that the
interest," bias, or preconceived opinions or
atfinities to the party, of the judges, NAV be
open to inquiry and even the rules of order
and precedents in courts should have effect:
that the managers of the House of Renre,
sentatiyes must conform to those rules AZ
they would be applicable to public or pri
vate prosecutions of crime in courts and
that the accused may claim the beneft Of
the rule in criminal cases; that he NAV
only be convicted when the evidence makes
the facts clear beyond reasonable donht
instead of by preponderance of the eyi
dence.
Mr.. Butler proceeds at great length to
show, both by precedent and reason. that
no senator can be challenged; and he boldly
questions the right of a member of the
Senate to Withdraw and thereby deprive his
state of his vote. In view of the inyiola.
bility of the senatorial office, the managers
had not thought proper to except one Of the
senators, although he had written a letter 10
his constituents three days after this trial
had begun, pledging himself to sustain the
President. This referred to Reverdy John.
son. And another senator Patterson of
Tennessee) stood in a near relation to the
President, but the fact did not deprive him
Of his right nor relieve him of bis dutv 10
sit ON this trial.
The charges against the President ara
then summed up:
The first eight articles set out in several
distinct forms the acts Of the respondent,
in removing Mr.. Stanton from oiiiea ana
appointing Mir, Thomas ad interim, offer in
legal effect In the purposes for which ana
the intent with which either or both ~ Ths
acts were done, and the legal dntiea ana
rights lntrfnged, and the acts Of coneresr
violated In so doing. Ali the articles alIeCa
these acts 70 be In CONFIRMATION OF lis oath
o. once, ana In disregard Of the dutieg
thereof II THEY are So however. the nresi-
dent might have the power 70 do them mn.
der the law; still, being so done, they are |
acts OF official misconduct; and. a wa have |
seen, impeachable. The president has ne |
legal power to do many acts which, ii done |
u dlsregard of his duty, or for inlproner /
porpesees then the exerciee Of that power & /
~ olnclai nisqemeanor 4. g., he has the |
power OF pardon; II exercised Ia a eiven /
case for q correct motive, as fof ne
payment Of money, or wantnnlS
pardontng all criminals, It wouId M
misdemeauor. EXAMPLES ulfui,f - /
multiplied indefinitely. Article Sat
stripped OF legal ver6iage, alleqes fhaf
having suspended Mr.. BtaAton ana renorie3 /
ne same % the senate, which refused IA i
'ohcuf "a the suspen6len, and Etanton hav. L
1g nghHuiiy resumed the du4ies 81 Ma
idce, the respondent with knoWledqe N
be iacts, issned an order, which IA refisaS
lr stanton's removal with intent 70 violete
be- act o. March 2, 1867, T. regulate the te,,.
re Of certain civil Offices, aud wIfh ne
lrlheY tntens TO remove Stanton from ia
nee Ct secretary Of war then II tie iAHiui
lechafge Of ita duties, Ia contrayeaffaa ~
Nd ACT without the advice and oonsenf of
ae senate, and agstlgt the Constitution 81
. United etetea, Article second charges
~ the PRECEDENT without authority Of law.
t1g tWenfy-ardt day Of February, 1asS. /
s-eu letter Of anlhority to Lorenzo
l3HA4 70 act ns secretary Of war "a Ia.
'r,Ai. saS eaAf9e being IN session, II viola
" q tAe tenure 81 oitee act. and With I
..eet u violate Il and the constitution.
a1se ueaeE re vaconcy "a the oaiee Of aac. /.
'.-Il q We. A4slcie thlrd alleges the
"a alleges intent n viosase I'M ~ ce ~
o.. article fourth lasr71 fE7l ~, ,.ss-
Nv ceasf!raa VIII t.lte11e fsonfas and !
YNI8 o5heE peE5Qna. UlF inessse g
fnfimf1 % and tfsstis 's