Year: 1867




Representatives Charles A. Eldridge
and Samuel G. Marshall, the democratic
members Of the Judiciary Committee,
presented second minority report on
the impeachment of the President.
They agree with the Republican minor.
ity as to the law and evidence given in
their report, yet dissent from their views
of censure, endeavoring to show that
the President has performed no acts that
make him liable TO either reproach or
censure. AS we have given our readers
the reports of the other members of the
committee we feel bound to place before
them the views OF the minority, that the
substance Of these important documents
may be fully understood and compared,
that each one for himself may form an
intelligent opinion OF the merits Of the
case. The present rumors from Wash
ington are that the whole subject may
be disposed of on Wednesday, when it
will be called up, by Immediately laying
it upon the table, and IL this should be
done with decided majority the ques-
tion Of Impeachment may be considered
settled. Yet there will be = struggle to
prevent such q summary disposition of
the matter, and should it's consideration
be commenced, weeks and months would
a nndonbtadIu r,aSs hofOra ann Anal 1ac;s
ion would be reached, and debate en-.
sue TO the postponement, it Is feared, of
the great fnancial questions that are
pressing, and ought to receive the
earliest attention of Congress. The
press of the country since the reports of
the Committee on the Judiciary have
been made, by a large majority have
published editorials against impeach-
ment, for various reasons. The several
documents presented do not seem to ST.
ford sufficient evidence in our Judgment
to proceed st the present time to the
Impeachment of the President, to the
exclusion OF the graver matters which
require immediate attention. 1t is said
large proportion of the New England
members will vote to lay the subject on
the table.


The crowded state OF our columns
compels US TO divide this report, the
balance will be given In Wednesdays
HERALD, and entire in the Weekly:


The undersigned agreeing with our
associates of the minority OF the com.
mittee in their views OF the law, and in
the conclusions that the evidence before
the committee presents no cause :or the
Impeachment OF The President might II
they had stopped there been content
simply to have lined in the report
which they have submitted; but as
they, IS well as the majority, have felt
II their duty 10 go further, and express
heir censure and condemnation OF the
President, we feel that 1t is due to our
selves and to the position We occupy to
present as briefly SIS possible few addi-
tonal remarks for the consideration of
the House and OF the country, having
determined that the evidence does not
show that the President has been guilty
OF any act or crime for which, under our
constitution and laws, he can or ought
to be impeached. This conclusion, as it
seems TO us, is the determination of the
whole question submitted by the House
10 the committee. 1t Is the commission
by the President OF an impeachsble of.
feuse only that can subject him to our
official jurisdiction, or justify US, as a
committee OF the House OF Representa-.
tiveS, or even the House itself as such,
challenging his official acts. As the re-
port OF the msjority does not charge the
President with any act recognized by
any statute or law of the land as a crime
or misdemeanor, we can but regard the
charges preferred ss political or parti-
san demonstrations, tending and in.
tended to bring him into odium and
contempt among the people, as an un-
justti4ble attempt to excite their sus
plcions. "Spargese roceS IN vulgar antiques"
We utterly deny the right Of the COM
mittee or any member thereof as such,
to do this. AS citizens, AS politicians,
we may criticise, find fault with and
condemn the entire administration of
the President; but as committee OF
this House, considering the charge re-
ferred to it as members OF Congress act
ing officially, We have no such right,
power or jurisdiction. The Executive
is one of the Considerate departments of
this government, invested with certain
defined constitutional powers and pre-
negatives, over which the Legislature
has no CONTROL aud with the constitu,
ti0nal exercise Of which the Legislative
Department has no right TO interfere,
The original source of all executive and
legislative pa er is the same-the peo-
pie; the warrant and measure of those
powers the same-the constitution. In
his constitutional and legislative sphere,
in the exercise and conduct OF his de-
psrtment, the President is as free to act
and as independent as Congress. While
acting within the bounds prescribed for
it by the constitution, he is no more &C
countable or responsible TO Congress
than Congress is TO him. Congress has
no more authority to censure and con-
demn him than he has to censure and