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NUMBER. 1 96 •
• sOUT .
- -- ' the .ll l w -intl k h . ll artteles, *l andi n a reniai a Ina - t pl ii- y e CM , ,
~
an • • but cy . ,
I 010
t' of " 8 Ifl • d Ot based' 'Won • '
individual. cos VB,, ATI seven wet. • n
—= -a an1aw.0 ..... t is not . : 1. , t.l t gt: articiel GEORGIA.
- 'mo t IMO 41 do mica- . .
w."24 T 4- ir '- 44.4 t e --- •iattles ' i•orrli, cr CIAIOCII7.. A.., DI. ,
R eg: . ~.... , My Telegre ph to the Pittsburgh Gszette.l
ini
EIG
YU HEM.
ovMJI3CIc
IN
FORTIETH, CONGRESS.
. .
The Impeachment Trial-1141mM.:
seen as to
_the s Ulnitation of Ar
, Limitation ,
..:,
invents---Slpeech,,.',o; Manager-
Stiittstrelli-rMIC OEII 'Conclude
To.Dai. ,
car 'Telegraph to the Puteanoth ciszette.l
.. ‘, . „
WA43:I3'‘VOIc,- April 'fr.:,. WS
I.t Itbfilliiiiit OPliiiiiiliSloTilien o'clock.
The .CHIEF ,JO z'r CE -stated the first
,
business to be an order offered by Senator
' &Finder, alkniing '•the Managers ;of the
House and Coensal for the President to
11.01.0./o.63'Ettittil.e.wAtten•-ctr„.„P:rinted arg'u-,
M9nts , ,,petore.l.••the oral arguments com
menced.
IgenSfor' VlCktifft-g' oiteta. an amend
' -mein preposhigtonllow sue 'of the, *ins
gers as were not authorized to speak to file
written or printed arguments, or make
oraladdreses, and counsel of tbe President
to alternate with them in so doing.
Mf.'0313,1113 stated that Mr. Stanbery's
indisposition was such thatit would be im
practicable • for him to take any further
partin the proceedings.
The substitute was agreed to by a vote of
' - '26 to 20. The order as amended was then
lost-21 to 26.
,s - i'Maneger STEVIINS-•••Mr.,„ President, I
desire to make an . inquiry.; and • that is
whether" there is any impropriety in the
Managers publishing short arguments?
Alter - the motion made here on Saturday
some few of us, I among the fest;. tom
menced to write out a short , argument,
which I expect to fin i sh by to-night, and
which if the first, order had passed, I
shoulii have filed. 1 do not know that
there ia any impropriety,in it, except that
it will net• go into the •pric&dings. I do
,
not like to *do anything .improper, and
henee I make the enquiry.
Senator FERAY-M.r. President, I would
inquire• whether it would be'out of order to
move the original order, on which we have
• .
. taken no vote.. , •
The CHIEF JUSTICE -It would • not, as
the Chief Jtudiee 'understands the Matter
has been disposed of. The order was sub
mitted by Senator Stewart some days ago,
E'l and Awn aefnunvin:: z , -4 " -
, "That one of the. ManaOri on the part o f
. the ',House be permitted to`file his print
i ed argument before the 'adjournment to
day and that' after an oral opening by a
~. Manager, and the
-reply of one of the Pres
. iderd's counsel, another of the President's
counsel shall have the privilege of , filing a
written or of making an oral address, to be
followed by the closing speech of one of the,
; s ,President's counsel and the final, reply orte,
Manager."
‘-', Under the existing rule . the Chief Jus-
A 2Y,t - tice Agfa it could be considered by unani
v MorilLAlNWrit.,,,:„. ~4 - 1.-.- ik *.
No objection was Made.
Z ::, 131,eator•VON,Neffered the following,.
- as a stibslitide: • That - such Of,,t,be. , ,Xani
1 - agars and counsel for the President as
-k• now choose to.do soz have leave to fit their
i arguments on brhefore Friday, April 24th.
,/ senator SUMNER---That is right.
Senator BUOKALEW moved to lay the
order and amendment on the table, which
wastejected without division. ~. •-•-
Senator Conness' amendment was re
- jected by the following vote:
Yeas--Messrs. Oupproti,-.Cattell; ,Chan
dler, Conklin, ter:nese, I tarbott2rragin,
Drake, Perry, Hendenem,"lloward Mor
' rill, of 'Vermont, , Patterson, of New /lamp:
shire; Pomeroy, Ramsey, Sherman; Stew
, art, Sumner, Thayer, Tipton, Willey, Wil
. • hung, 'Wilson, and Yates-24.
Nays-Messrs. Anthony, Bayard, Buck
ales,. Davis, Dixon, Doolittle, Edmunds,
1 1 ,.: Fassenden, Fowler, Frelinghuysen, Grimes,
_ r- "Hendricks, Howe, Johnson, AlcCreery,
Morgan, Morton Norton, ' Patterson, of
•.. .1 - .-„Pennsylvania, Ross, Saulsbury, Sprague,
Trumbull, Vanwinkle and Vickers-25.
1'• -The question recurred.. on the order of
ferid - bv Senator Stewarta, .4
On 'motion 'of Senator JOHNSON; it was
amended by striking out the word "one"
in the first line and inserting "two."
z , Manager WILLIAMS suggested that the
order.would leave the matter substantially
as it stood before; but as one Manager was
,
prepared with a'printed argument, if it
was 'amended so as to allow them to file
written yr printed arguments, it would be
-:-..setis,fif-yfory._ -- - -- -
I.On , notion. of) &alter SHERNIAN the
~• orderiwas se .itieclided.._• .., '-•
'Senator GRIMES enquirid how it trOidd`
be for counsel for respondint, if printed or
written arguments were tiled to-day, to ex
. amino them so as to reply to-morrow
• morning.
• -
•- Senator HOWARD -It is not necessary.
Senator CORBETT moved to strike-out
' the word "another" and insert
_the word
"two" before the words "of the President's;
counsel." •
.•
Mr; EN - ATM-Mr. Chief Justice and
1 • Senators, if you will allow me to say one
word on this question, es the rule .stands
: two of the President's counsel are permit-`
s. . ted, to make oral argtunents. By the
. _• : '1 ithendm:ent.aWitbont ithe , - - Modification of
inserting "two" instead of "another E " we'
lords
• I
~,, midekelandshat three of the.-Preakatir,o 3,
1.13.0.
' *
eeiMset-willhetnabled to make , oral. ar-',
• ' gpmeats to the Senate. That Is; As many
' ' - la`•• under the eliedratitinces as weiould hitsi
or will be enablad to do se. _' ' °''
~„ •-.
Itiiiitot=tjpn,,of Serugor ,T,Atlar,,-,
.01_ t,:. -LCerhett. i' withdrew:lls
•,.•
49 amendment.
r l t. rMA OBRRIYOs -Mr. President, thiti
o
'''. vititadombuthe Manageri,v4yry muc h,
, Would it do to say, that the Managers and
1:.. 1 tro . edditierof turEPtesidtiet May file l ivritten or
8 - printed arguments tbetween this time and:
• i
. ii 4 lhaldietingathe oburt to-morrow?, That'
34 'would relieve us from all difficulties.
r &deter' CONNIMS, :at the instanoc,_ he
aag„.l3f one__ 0f,,,,th,e - Managers , moved IV
- 4 ; • ' 4 " asitettd t6r 'tittilaig twut the words ,1,4444:43,
, . , the ,imliquiTllluty,l' a ee nd d tc i reg t
. libaraganQUU.,..... 4gr
/.........
ON offere4 as asubst -
ii ;''' I 31r4 tint r itlrildltreffli the Milliners hot do-'
i 'fiVgaratirnie4ollll‘3' be Perini
te ' ' te ewr ten gu ln iintt lit ally time be
''
i.11,-A• tritthp.24lo,insti, grt4 disulisel a the Prost,.
- - 77 - dent net makilfg bril argtunents may file
it-writtea arguments soy time hefore 11
i4l . w o k so k atalondaCth inst. 21 ,
. 1 , r va•
1. 1/ ''
Amster, Tklit..Y moved to table the
4 :1 ''' '' iihble attbrekt. "Rej S-13 to 8.5:.
r.,'" .Ke'rN =5O ll - 0 ,1 .•. , • f ( maid Ite-had
-I - 6
M 1» felt an irresti le re ,„ . co to say
# Awl tanyttitiercalieSeithte on Lis subject. S . e.
~ .i•
if.-. 1 ' ' ,lends. Tie: likrtititi , l, 4uweLlicated a
t ' .. • titilis tlAtigry :rare unlit t o to allovra r
: , ~..Atuila.or givapept,,thanN oitherreftd
A idwit's 'counsel. , ..13tiadistrthe•re tt l i #
kaoil .0.7:11 4 ` , " :"." . . 1 .,q; . 1 t ,„,.,' .' he task ,ofth Sl
e,.1
~.. ~ .1. (-„vip . ..,-, • ',l,inr ' tfier . ... ' 7l 7 1 : ties itere - Owi"
' ' ' 1 - :Owever, it was not I .1:y INfi. Stanbery
i would be able to - make the flan argnmenvo -
and he (Mr. Nelson) , would ask per
1
=
mission to address the Senate 'lon
behalf , of:- the President. He thought
the rule should be so enlarged
•as 'to -alb:ilk ... Atha- 'privilege to all the Presi
dent's counsel who choose to exercise it.
;Tinder the c4tiltrisPances they tad not pre
pared' written nrgnments, and it was too
Jet!) now to do so. He was prepared from
mlimoranda; however, to make an oral ar
gument. He hoped he would be allowed
to aci-446.:,..;n4ltellividPidoleng to be ani
mated b$ the spirit of idleiranity in making
the request. He was aware sometimes
sorxtas, gained by silence than by a
peed. - HeVas satisfied that the Praia tit }
I d esired the case should be argued by alltho
counsel. He had no objections that the
1 1. ' Ivilege should be extended to all the
Ma : - lil the 'Case of the impeachment
of Judge Chase six managers and five
counsel were heard.. I trust that in such a
•rrionienteinc case no - limit will be placed
1 1 on the argument.
Senator IT.OWARD inquired whether a.
proper conatruation of the amendment of
the Senator from-Missouri (Mr. Henderson)
would not leave the door open anfl t , .repeal •
-the 21st rule . I' , in shortorer,'ltP#ool,
not allow all 'the - counsel on the part"cethei
accused, and allthe Managers, should they
see fit, to.make oral arguments on the final
slimming nril''
Senator CONNESS proposed, in order to
make it entirely clear, to insert in the
amendment the words "subject to the 21st
.rule:',' . : :;-, c: 1 ; „ ~ .: ,
_The proposition was agreed to,
' , Senator TRUMBULL moved the follow
ing as a substitute: -
. ,
Ordered, That as many of the Managers
and of the counsel for the President as de-
Sire to do so. be permittedledle arguments.
or address the Senate orally.!, . . -
. The substitute was agreed to—yeas 29,
nays.2o, as follows:
Yeas Messrs. Anthony, Itueludew, -
• , Conkling, . Cragillx,DAViS, • Doolittle, Ed
monds, Ferry, Fessenden, Fowler, Grimes,
Henderson, Hendricks,Johnson, McCreeryi,
Morrill (Maine), lirorten,. Patterson, (NeW
Hammshire),Tatterson, (Tennessee), Ram
sey, Saulsbury, Sherman, Spragge,Tipton,
Wilbey.,:,.. Trumbull, Vattlytnkle Vielters
and Yates-2.9.
Nays—Messrs. Cameron, Cattell, Chan
ler, Conness, Corbett, Dixon, Drake. Fre
lingliuysen, Harlan, ' Howard, Howe, Mor
gan, Morrill, (Vt.,) Morton, Pomeroy,
Ross, Stewart, Sumner, Thayer and Wit
liams---20.
Senator 13UCRALEW moved to amend
the substitute by adding to it the following
words: “Brit the concluding oral argument
shall be made by one- Manager, as pro
vided by the 21st rule." Various other
amendments were offered and voted down.
Finally, after nearly two Inturs spent in at
tempts to settle the question, the substitute
offered by Senator. Trumbull, as ambnded
by Senator Buckalew, was adopted, instead
lf thr ' ;Ind order.
of ..ie °rig_
- Manager BOCTWELL, at 10" minutes be ;
fore 1 o'clock, began his address to the'
Senate. -. .•
--
/Mr..lkiutwelk began by adverting to the
innio - rtiince — or the occasion wit his, due
to the unexampled circumstaheedhat the
Chief Magistrate of the principaPrepriblie .
Atha world Is on trial. Its soleuittitY is
dud tO:the oheurastsrase,that this trial is a .
liev;;lest of the stredelt, - viger and popular-'
ify of the government. .Theobjee ,
proceeding Is not the - prinhilitnWr 3 4•Mir
offendenbUtlhe safety of the State. • The
issues of record er° technical and limited.
They require the *Senate to ascertain and
declare whether Andrew:Johnson is guilty
of the high crimes and misdemeanors set
forth in the articles, and especially whether
he has violated the-laws or the . Constitution
in the attempt to remove Stanton frenfof-F'
lice and appoint Thomas as SecieterY of
War ad interim. The final action on these
issues inVolves and settles questions of
public policy of greater magnitude
than any which have arisen since
the adoption of the • Constitution. John
son asserts his power at any and at all
times in removing from office all executive
officers for"causes to.be judged by the Pres
ident'alone. • This claim,obyiouslyextends
to the officersof the army,truivy, &la and•
diplomatic Service. lie' thus assumes for
himself ;and 'successors _ absolute control
over the vast and • increasing , patronage of
the GoVarnment. This claim, if sanctioned,
strips the Senate of practical power in re
movals, and leaves the revenues and expen
ditures of the emintry in the 'hands of the
President alone. ''No accountability remains
in any branch of the rinblie; Service; no se
curitylifor the fidelity of the army and navy;
no security for collection' of revenues.—
These are the graver, issues affecting the
vitality of our institutions •and system of
Gfovernment which aro involved in" and
must be decided With the issues of the
record, which•appear narrow andtechniaal.
In dealing with the criminal, and these, his
crimes, it is necessary to examine the con
stittltionilleMtere of the President and the
Senate, and.to consider the tharecter of the
GOvernment, the - diatribution of powers,
• and limitationsvleeed•by,the Constitution
Legtatitivii,'Exectitive add Judicial De
partments. The Legislative Department
has original power; *derived from. the Cont
stitution, by which it can set anll keep Mel!
in motion as a branch of the GOVerilgletit,
While the Executive and Judicial Depart
ments have no self-executing constitutional
eapaeity, l , bat. are constantly dependent - .
• upon the,.-Ipagishitive Department. Ey the
,Conatituthin the peaple have vesk*disere
,tionary powerii,, limited, it is trueriiitfie
, Congrese -of Act-tinned - Stites, while they
have denied tothe Executive and_Xfilicial,
- Viipartintniiii - all diseretionary or implied
imbwer.*iThe Executive power is thiitwhich
is conferred , upon the Prosiderit • bjf" the'
CMistitUtion and-;is limited by -the terms
-of the Constitution, acid must be exercised'
in , tho , manner prescribed In the Cehstitu
don; :the PitMdefit's 'powers being sp_eoi
hod, 'takes :nothinghY jafilliaatlatir
there was no occasion•to ,, reeite or enumer
ete,thetir mot elegited to him. ' He,
can °icor e ,pewkliSe• only which.
• are sped lly7ecirtAirred, and can take
,nothing'coriStrittllonimplication; or
whatistermed PtheitecieiWy of the case."
The Eteentive must take the law and ad;
nibdatei..it'4B inquiry
as tothe , Wisdom cif the 'legislature, It is
within his province to - considerwlietli;
eralaw is eonstittitiontil.',ilf a law-he 1111-
constitutintail, it maybe_ repealed by Con
gr, brit May be amidllod in its uncon
,etitutional features by, the'"Supreme Cane,
of ,the',United States. The repeal of the
taw is a legislative fiat; a declaration by the
.court thafitis:unconsti • t quit I's; a 4m11,-,
.0411'11ot; but power to : • or- annul;,ni.
id; indde a law of the:lJ Stateside ixtrifi,
aspect of the case an Executive
It
'Unlade the ilut3e hid Tireentive take
care.thet.the laws be fidtfifolly executed,
en inpinction whollyinconsistent with the
,the am7.,that is in the power of the
Mce ka entive te'repeal, annul or d4pense
:with the laws : of the land . 7:..When to
is ournpetent ,tribunal,,At
ceases to be a law-, T ennlv then must be ex
a '1 s 01-
itFrithiekiliitii &Lisa
o inquiry glin
bp mdeow,b4hep)he law is 'wnstitutiorfal,
Icir'itiftwucth lee 'Be had no , constitutional
unfelt for thilTrif whetha ut hr;
10000 'o4lM o ,Nra'irtigpt, so is War
xi
A1m, 12 1 0 1111 1 6 - dld A4ls
so i l ianfrotadecineitothelidonineisiV ,
,thOlivtirksurieonsttteliopal. If
'Megmay , *Auks whether the laws are
cons titutWnal, and execute only those he
believes to be so, then his opinion is sub.
-'11..41 _1.`%.5,A#3.3
iTterv.ta - a -
~: ~
~.- ,
'..,IrtFCVCRI4=7.PAVSM 2 . 4 7
/eqiiitted: if the Senate thinks !it correct,
convicted if in the opinion of the Senate his
judgment is erroneous. It is init,the right
of any Senator to,be &overned by the opin
ion he entertains of the constitutionality or
expediency of the law in this question. go.
the purees of this trial it must be
t rested y every Senator as in colnitart
-float -law. The President cannot plead
his motive-_--he has no right Ici . eliteir.
tam - any motive contrary, to his con
stitutional obligation to execute the
Lowe." Otheriitise theoxectition of all laVre
is dependent upon his opinion ,as to their
.eonstitptionallith the matte reason.
• roithessine 664-lie alight violate the re
construction laws, tax Jaws, tariff acts, or
'neritralitrlaws'of the country, and thus, in
a single day, raise questions which could
not be disposed of fbr years in the courts of
the ponntry.,,,Evidencelliseloseg feet
that ltrati
..taken. riciatoli for. the
Of testing the constit utionality of tt l e r it s v a .
He - suspended numerous officers under; or
if notlrnder. at least agile himself admits,
in. conformity with , the Tenure-of-Office
law, showing thatlit• his sole object to
test its constitutionality. He has had an
opportunity to make application through
theAttorneyGeneral for a writ of quo war
rant° which would have tested the validity
of the law in the Courts. This writ is a
writ of the Government; it can never be
granted "uponthb application of a private
person. Tho President never attempted to
test.the law in the Courts. .
Stnee hisattenipted removal of Stanton
on the _2lst of February last, ho might
have instituted proceedings by writ of ,Pro
warrant°, and by this time have obtained,
probably, a judicial opinion covering all the
points of the case, but shrank from the
test-he haws he sought. Thus is the pretext
Of the President fully exposed. The evi
dence shows that he never designed to test
his rights , in the courts. .„ His object was to
seise the offices of the Government for pur
poses of corruption, and their influence to
enable him to reconstruct the l'nion
in the interests of the rebellious
States. The power of removal and
appointment is vested 'jointly in
the President and the Senate. The Pre.si
dent singly may make temporary appoint
ments during a recess of the Senate. His
assumption of an unlimited pinver of re
moval is in the highest degree dangerous,
and is in pursuance of 'his purpose to re
store the Unicinin k the interest of those who
participated in, the rebellion. His course
has resulted in' the most alarming corrup
tion, particularly in the revenue service,
where the losses have amounted to proba
bly more than fifty million dollars in the
past' two years. By his conviction you
,purify, the Government and restore its
original character.
~The President's Cabinet, of course, gave
him the advice he sought. The President
is a man ;of strong will, violent passions,
unlimited ambition, with n capacity to em
ploy and. use 'timid men, adhesive men,
subservient:limn, andeoirript men, as in
struments :too actomplish lxis4esign. It is ,
trattec44.lllY-VAIP ha
\
rjr a ftilicattdMilify thaveteSeatxrd;;lfrO;ly
_by withdrawing cretin ids society altogether..
-He hes but one rale, of life, ho attempts - the
use of every man of power, capacity or in
fluent* witbintilsfeach. ; Succeeding in his
attempts, they are hi thite and usually in a
short time, utterly ruined. If the consid
erate flee from him,if the brave and patriot
, lo.ronst his schemes or expose his plans, ho
. attacks them With all the engineering anti
patronage of his office ' and pursues them
with all the violence of his personal hatred.
He attacks to destroy all.rwho will not be
come his instruments, and all who.become
his insj,ruments are destioyed in their use.
lie spares no one. Alroady this purpose of
his life' is illustrated in the treatment of a
gentleman who was one of the °camel for
respondent, but who has never appeared in
his behalf
The thanks of the country era due to
those distinguished soldiers whotetupted
by, the President by offers of kingdoms
which were not his to give;refused to fall
down and worship ,the .tempter; -and the
thanks of the country are due to 'General
Emory, who when brought into*,the pres
ence of the President by a request. which
he could not disobey, at once sought to_,
protect himself against his 'Machinations
by presenting to him the laiv•Upon the
subject of military orders."
Mr. Boutwell then 'discussed -minutely
the theories regarding the Tenurif-Office
law, put forth in the debate on the bill of
1708, and traced the history of the-govern
ment in this , regard. He considered the
Tenure-of-Office net and the President's,
course with regard to the War Department
in relation thereto. He argued that Mr.
Stanton and the remainder of the Cabinet
held office according to the exact
words of . the Tenure-of-Office act,
"during the term of the _ President'
Py , Viliomthery may - have -, been 'appointed,
and oiiiCfriOnth-thoreafter," and that Mr.
Stanton woslolding the office for the term:
Of Preaident Lincoln'
_by whom he had
been appointed, whieh•-would en d on the
::Fourth': day
. of. Manch, 1889.. If it ho
' claimed that - ' the "pia - vise does not refer
to . the _Seeretary ,„ of ; War, then he does
not , : coiner Within , the t, only extePtion
made in the statute to the general
, ,ptovisionlin , the body of the first section
already quoted, Mr.'Stanton having aveir
•
appointed to office originally by and •adtli
'the'advice‘anirceiasent'of• the Senate, and
it could, only be by the nomination and tip
' pointment of asuccessor by and with the,
advlee aid consent of the ,Senate. 'Upon
either•theory it •is plain that the President,
:violated the Tendre-of-Office Act in the or
der for the removal of Stanton, the Senate.
being . at the thrie in session. To suppOrt
this vie* the speaker gave citations from
debates in the Senate and House when the
bill was Pending there; In ordinary times
it would be just and• prci,Nri.;"for a
Cabinet" , officer ',to • tender - ilia resig
natloff.aipod Abe . suggestion of the Presi
dent. But" in justification to Stanton and
hiSelainitirtthelriatitude and encomiums
of, his tcountrymen, •it is -to , be said that'
when the inittl i on,was imperilled by usurpa
tions of the criminallY-nalfided chief meg
, &strati,' heffiSselted his constitutional ; - and ,
legal rights to the office of Becreta - of_
Nritr, find thus by his devntiontO principle,
,and at great personal sacrifices, he has done
,more than any other man since the close, f ,
- tha:thbealton.,to,protedf,the interests and
maintain klie t riglits 9f:the people and the
'country; _'-' -,..- —— % • , _ ~ 4 , ;
The ; ,t ostlmpay r -produeed by l the defense,
falls to disclose that the ‘Prealdent had
, otherwise than= ft criminal intent in viola-`
tins, the„law,...„lfiviere ambiguous in its
termslui-bouldhp 'his best judgment to
culties before m with evil intent, but
. is 'not the Aussie, ati lie, in his veto'...
• a, 'fit ppied,,no cabinet of:11mM could`
reitbviidivithbut the.advice and consent
flatiffir ?. io,,liii N1,4-vot, thereforei , ln.i
the Ttitefiticopt Congress, but
Lain:44oW ,y,wiltullyr. AM , intrtlonally
riiTAI: . 2 1 19L-Tilt4 te:Vicflite the law to ob
'tain`a ' tiditial acelehm. 'This wear . yr, , a ='
LekLeklithrie'nlefiths have.
'kid
be :has' :s
instituted riolio. The
President's counsel who owned :the case
is involved in difficulty about artiales !bur,
' a's.
,cdtapppl 1 dklf :unlawfully conspire. ..... _
very well katicnin thilt conspiradies are ,of
two kind*r-two or more..penione may con
spire to do a lawininet byntilallalmeina:'
These articles are based upon :the mixt.
Y../141:1' 3 1Z, 11$4000iWtr as the conspiel.;
acy act..., The evidence in; `Prodf.,Of
the:tioMPleaCT..willgenerallyprcive the'na- •
ture of.tbe rn.e to - bel'elift*stankial,vansl
tarilfrkolsWHOWUrtNirbSual expe!
nUtelelialihml courts. 61` tireal.: l
,dent Was enpaged in an uninwp r
act toltitt
'out ' , Stafiton','"and - ' ' lice "Mite° ..Gorteralr
Thomas to eo-operate with hiin.l ' Gonarac
Thomas' ignore/tee of the inept futtuie of
the transaction furnisheano-Liga:its - —fence
for him, though morally it, mig,ht. Xtv-en
excuse for his conduct. The iPtistdent,
who knew this to Im4tm illegal act,:' cannot
excuse. Meisel!, .by, asaerthme era
,4a his
conspirator was was at the time igntef the
, illegal. nature of the , business in which
they were engaged.
1 . The vitrious acts of suspending Stanton,.
appointing Grant, tendering his place to-I
General' Sherman, and also to General
George H. Thomas, are recited to shoWthat ,
these were nierely, delnsiona to Prepare the
way for an introductidnilite the War Milne
of one of his own creatures., He well knew
that the confidence of the people in Stanton
was great, Mid-they Wouldinot consent to
his removal; so he pursued this 'roundabout
Niay t 6 do it. I .
The learned counsel who opened the ease
for the President, seems not to have com
prehended the nature of the offense set forth
m the tenth -article. His remarks upon
that article proceeded inset the .idea that
the House of Representatives arraign the
President for slandering or libelling the
Congress of the 'United States. No such
offense is charged, nor is it chimed by the
Managers that it would be passible for Mr.
Johnson, or-any other person, to libel or
slander the government. It is for no
purpose of' protection, or indemnity, or
punishment; that we arraign Mr. John
son for words spoken in Vt'ashing
ton, Cleve land and St. Louis. We
do not uaign - him for words spo
ken, - but' the charge in substance
is that a man who could utter the words
which, as is proven, were uttbred by him,
is unfit for the office ho holds. We claim
that the common law of crimes ns under
stood and; enforced bv the Parliament in the
cases of impetchment, is in substance, this:
That no person hi office shall do any net
contrary to the good morals of-the office
and that when ar.y officer is guilty of any
act Contrary to the good morals or the office
which he holds, that act is - a misdemeanor
for the purpose of impeachment and re
moval from office.
The speaker then proceeded to the con
sideration of, the eleventh article, and said
the evidence 'showed a fixed purpose to
defeat the Congressional plan of reeonstrefe7
tip. The President's entire scheme of critn- -
inal atebition - was to , obtain command of
the War Department and of the army, and
by their combined power to control; the
electiona in .I_24 . iil l it2 . ten 64'xtheitt~Staf
d tlesigried to
impair the just antlnirity or -Congress.
The blasphemous utterances at . St. Louis
tm
eaot-beaggraviated,tnorean they be ex
tenuated by anything which - the counsel
for the President can oftbr. They exhibit
-the character of, the speaker. Upon, these
/acts we demand he conviction of the res
%pendent of the misdemeanors set 'forth in
the tenth article:
After treating at length upon the Presi
' dent's action in regard to the Southern
States, showinghis connection with men
- who aided the rebellion "and quoting from
evidence elicited durinithe trial, Mr. Bout
well concluded by re wing the acts . of
`the President, by appealing to the Senate
to do their duty and pronounce: judgment
upon this criminal. Nothing literally can
be said in his defence. Upon his own ad
missions he is guilty of all the charges.
lie has violatedthe laws and the constitu
tion. Under his adminietration, the gov
ernment has not been. strengthened, but
'.weakened.. Ten States are without law,
Without security, and without safety:, pub
lie order everywhere violated, public jus
tice nowhere respected„and all in cm:se
quence:of the evil purposes and machina
tions of this President at vont, bar. •The
Representatives demands justice
--justice for the -people ' -and justice to the
.accused.. Justice is of God, and it cannot
perish. By anti through justice comes obe
"-thence to law by all magistrates and people:
:By, and through justicirgomes liberty of
law, which is freedom without license. •
Senators, as far as I alai concerned the
ease is now in your hands, and it is soon to be
closed by my associate. :''The House of Re
presentatives has presented this criminal'
at your bar, with• equal.eonfidence in his
guilt and in your disposition to administer
exact justice between him and the people
of the United - States. His conviction. is
...a triumph of law, order and justice. 'I do
= not contemplate his acquittal. It is impos
sible. Therefore, I do not look beyond.
But, Senators, the people of America will
never permit. usurping Executive to
break our securities fond liberty, •provided
for by the Constitution. The cause of the
country is in your hands. your verdict of
guilty is peace to oar beloved land.
At 4 p. m. Mr. Boutwell, at the suggestion
of Senator Conkling, yielded to a motion to
:64journ, stating he : would occupy 'about an
,hour and a half 404norrow, and according
ly the' Court' inimediately, 'and thereafter
the Senate adjourned. , •
During the interval of his illness,' Mr.
-.lFitaribUrYlhas: from time to time, by leave
of his physician, dictated to his Secretary
fposltiona:and.-,points which he had in con-,
templation for his speech on thb IrripeaChs
meht As there isaome doubt whether
lie will be able personally to appear before
the Senate, his argument will bo
At a oonsultation'ottheriesident'seciun - '
t sel;toltlayi the -understanding was that Mr.,
'N'tthion will Toilets , •Mt.•Bdutwell to-mor
row, and Mr. Everts matte the closing ar
gument for the President. ,
Mr. Stanbery's health is much improved
to-yiighit• "
EMI
11 •
'HOUSE' OF REPRESENTATIVES.
.
No businessof any kind was done in the
MISSISSIPPI
The Ee conetruction Conventlon:7 14- Vanch is ,
BM.
fly Telegraph to the lbMaher& Gozot 6 .)
• J,ItcjiAQNJ: April 2'24.44he Convention to
day modifiedthe'fiftivseetion of the fran
'clitsetill,(witielf exeludos from office all
persons who lgaVe voluntary aid to th e re: '
hellion, so as not to apply to private sol
djet,s, except, they voted or signed ordi
nance ofsecission.; The franchise bill has
passed its third reading, and goes to 'the
Committee of Arrangements of the Consti
blidsPit
ItePu. • ea , -y
a. rh ie 't" .iu NceP eee C g
(a' :easlbi li ti4; xise
Ho
nik4.t, t0:07411._ .hare
Couventlon.
'amfg.t. W a w a a building:
The movement 0 0 4 0 ,
large enough to woommodste.twelve thou
sand visitors.
~.Y GL&~:L::c-~F.A ~ ~~.7.~:
.!ii.; , 12-: , :;1111:14t1t ,3 -3
molt EUROPE.
•
tio
as:nn parliament
i-r. ItacAintshaili: - ralae.e
' :al-the tilerken
*iiliireiddit4--111Air
ErAVIV V IC •
Vi
- • •
t.py t*grayit to thEiritisiturgh azette.3
aitio l l3llkCAM
11..E51424 ED rKE C;01010N8h
LONDON,
Lawrence -Ottpia..d 2:;•,,cr'resigned
theirsißits - In tbo-.l4.cuise of &ffitiAclus. r
siilCKTiraifkit rAiketweE - snixidiA.
Barry andateelb are the names of the',
supPOsell' Finiin" Incendiaries aniited l tit
Buckinghafirralace lastnight. - .They
brought up:before - A , Police Mag;istrate this
morning, "arid after- a , brief, examination
were reinamled• to jail until • a mitinnical
analysis is made , of the.combustible fluid
found their posse slop.
PRINCE or WALE6—ORANGE 3 rEN nErassE.a.
DUBLIN; April 22.-=-Evertiruf—The Britian
of Wales accompanied by the principal
ffi
ocers oeState and a large and brilliant
state, visited the Roman Catholic Univers
ity,•at liarvorth, to-day.
Mr. Johnson; Orange Secretary, has been
released from confinement at Belfast.
THE CLIIREEN'WELL
0# THE ACdtISED.
Linktiforr, 'April 22.—Etiening.—The trial
of tfie f.Fenians charged with catising the
Cle'rkeihrell 'explosion was resumed this ,
morning.' The examination of witnesses
fbrithe prosecution wa.3 continued.
Mr. Clifford, a warden of the, Clerken
well House of Detentien, testified that ou
the 12th of Bocatuber lie saw English - and
T. Desniond with a truck on •w itch was a
cask; they wore near the prison wall which
was.blown up the next day.
Hannah Gilltestified that on the night of
the 12th she saw liege near the place where
the explosion occurred. - .•
Mr. Maskell, a warden at the Clerken
well prison, testified in ,regard to Burke's
conduct at the,time of the explosion.
Mr. Banger, an officer of the prison, was
sworn. He said ha' saw- the woman Ann
Justice for. the first time onDecember 13th;
she was admitted within the prison to visit
Casey, a fellow prisoner with Burke;
shortly before Ann came in; one Mr. Berry
had an interview with Burkei at that time'
Ann was seen ontaidti in company with the
prisoners at the bar: '. •`-, ~. . •
• Mr. Wckrth; awardep'at.tha Clerkeirivell
prison, testified he saw Ann.Jristice in the'
prison on...the 13th of DOCentber; tills was
her.first Visit'theirlilksr ,
~...., .v,..,,:
the t '; t. Att, ?Awe
1) testirtiony wns liliteri which 'folly
.corroborated the evidence- of f:llVarden
Worth.
Mr. 'Allum•lparore , he • izsaiv :Barrett, .and
Ann Justice unloading the 'cask frturt the
truck.
Idr: - Bird testified, with Much, .cironm
stantial minuteness,' thatAill ,saw
place the fuse in.the cask.,• Teitimoily'was
given to show that the latter witness idea
titled Barrett at. Milbank;Where.bußicked ,
him .ont among nine other:Men.
The interest manifested in the tiled ie
nn
'abated The court room was crowded with
spectators throughout the day. •
WAR PPREarzisroNs QUIETED.
PARIS,
,April
tar Duzor, "
nn • editorial' to:day, "stye
thr o ugh.he good Sense of the,
people he
baseless .apprehension •of an appMaching
Niter was`subdued, 'and the Public mind is
now tranquil. This result Is in part due
to the efforts made by the .foreign pthittrs
to sustain the pacific policy of Fmnce.,
GERMANY
FEDERALIST BILL - "WITH DRAWN.
BERLIN,' April - M.---Count Bismark has
withdrawn .from - Alte North .German. Far
liami3nt Federalist the` bill introduced by the
Govermilent. He takes this - action in cim=
sequence of the amendments made to the
bill by the opposition.
HEALTH OF THE PRIME MINISTER. '
MADRID, April 22--Evening--Bulletins in
regard to the, health of the Prime Minister,
.Navarez, announce that his Excellency is
better this evening.
FINANCIAL AND COMMERCIAL.
•
IJODOIT, Aprll 22.---Evcning.-I-Consols,
03%. Americansectueities :steady; 5-20 s,
x,1@1%; ex-dividend Illinois Central; 93%. • •
Flurrirvonr, April 22.-5-20 bonds strong
and a fraction higher; last sales 75%.
Pints,`April 22',.--Itonrse closed steady.
Itentes 69 francs and 35 centimes. •
•
HavnE,' April 22.—Cotton clUed firmei- •
and higher at 149 francs per cwt .„ - for, trey
ordinatre.
Awrwv,nr, April 22.E'einins.--petrole.
urn closes fiat at 43 francs anti 75tentithe6.7.,
• LrvEnrooL, April 22.--Cotton closed.
firmer and higher With considerable busi
ness in Cotton t o arrive; Middling uplaridi
,121/.. middling upland - afloat 12y 3 @12%;
m iddling .Orleans .12%; sales 15i0OfT,Wles.
BieadstuffThO inark-et clessd qUitit And
steady: Wheat • 16i.: 2d: for white' d 14ii
ed for No. 2 • red , westeru t% ) ' lBl
Oats 4s. 2d. Provisions dug ano
- Beef 122 x. Gd. 'Pork'Bsn. Lard 64a 3d.
Cheese 545. 'Bacon 465.' Sugar 264.t6dPre6. 1
low 455. 6d. per cwt...,Relbutd,Botmit.
Is. 3d; Sqirits Petroleum 9d. ,
. • ,
The Political Campaign Opened., :
cnylKetcantatt to t4e rittabpfsh panto.)
ittpnbunin,,Auril 22.—The camPOIPAJWs,I
opened in Virginia. - Repubilean speakers
have --been leaving. here all LW:mai:IWO)
'canvass the;different, portions of the State.
At ,all the county .Courts held this.,week
Conservative speakers' to le Open the:
- canvass: , Gov.e Pd t'.: addrmaed,ra: lie
:publican meeting this evettingin,pePark , ,,
He supported the Constitution and Oharac
terlied the 'means which' he'luld been
removed from the Qovernorship as skoPLY
contemptible. Tiiscapeakers ogo Aer i a l
licatt :eidein this
camps/ be e u
• %f Hotts;d
men an Alemilidelqiives ••
and op. the Coascrvative el* 441211b q
er, A. H.,H.,SteNart and ptitevat-fl,
oopa-
AdailAa Vq 32l/6 2_.4,4.,4' 2
PiwT i by
en,t 0.94410 , .
Tuesday hcs winos t
Wertilrtheardrni n g Cla ir i , Rtoo#
araktkaOn, I YMWT:„ 46;ii eYoawleel
)n l.OOl E l 4O h ° "' bndly bruised, but
out. Th e eng ineer
will recover.
MAcox, April 22.—Four thousand and
. . ...._ i
thirtv-six 'vote
_s were polled to-day. The
. .....„....
Democrats
`gained'- heavily to-day; and
expect td' mrry . the county. ] Tele=
.
grams report a close vote in Sump
ter, the RadiCal ticket about'. 50 ahead,:
with about 400 votes to be cast, mostly
white. The Democrats claim Monroe coun
ty by 200 majority. Accounts - from, Bald
win are favorable to the Democrats: Put
tuun is doubtful. Adispatch frpm Albany
says the Doinocrats are sanguine of`carry
ing the county. Teft, Democrat, is elected
to Congresei in the Second Distr . '
AIJOUSTA • . IS pro
~ „ d . . out disturbance. The total
biros. .. ed is 4,400. Accounts front Ahe in
terior .a.to conflicting, each party claiming
to bp ahead.. The Radicals claim Bullock's
'election,' and the Democrats Gdrdon's.
, SAVANNAH, APril 22:-:-The election to
day pawed off quietly. The vote of yes
-ferday and 'to-day is acknowledged to be
in faVor of the' Conservatives. The vote
cast toiday nutribers 1,446'in the city and
428 in the county. Total for three days:
4,287 in the city, and 1,406 in the county.
. ComuntS, GA., April -22:—Seven hun
dred.and forty-nine votes were polled to
day:. Many negroes voted the Democratic
ticket. Marion and Chattahoochie have
gone Democratic. ' All wilet: ,
1 ATLANTA', April ..1--Thu.election passed
off orderly. A heavyvote.was cast to-day
by both parties. Gordon_ is considerably
ahead. A very' heavy white - Vote h' expect
on the last day+ of the election. i e Gordon
and Bullock are both in town..
der diet_
FRANCE
SPAIN.
vincinnAt yr-
•
121
RN STATE RLEMONS.
NORTH CAROLIN t.
VtritatlNcerths, N. 7 -C., < April '22.—The
election returns are ,meagre, but indicate
that the Conservatives have carried-Colum
bus cotmty.by , 300 majoriy, Sampson by
.450 majority, and.the Radicabt Bladen and
Robinson counties by small majorities.
The vote in Richmond and Brunswick
will be close. In two prebiticts in Sampson
county sixty-seven negroes voted the Con
servative ticket on, the Brat day- Every
thing is 'very quiet, and; both parties are
betting oven on the general result. Par
tial returns from Dauphin county
give over 400 inajority ,against the
Constitution. At -Hallsville, in that
county 135 votes were cast, all against the.
Constit ' ution. The lisidicalmajority in.this
city for two days is about 600. This will
probably be reduced-to-morn:lV, The reg
istered negre.inajority i 5725. It is thought
that - the., city and • county will give
about eight hundred - for the Constitutaon,
being 450 less than' the 'registered negro
Intdority: The,,nnOrity:Sor the Conven-
Vie; '
1 4 837 , , Reli3ble informa
tiontiOnfreniOpriteincts in'Coltimbus county
.gives the • Conierviithies , 183 radicals 39. •
Twenty megrotes voted with the Conserve-
Weigeri, Halifax county, on the seo
'dad day, gift small Oansertaave
• Broad Cre ' 40Mitithe
- Wfirl6"
;71r .' . **idled major
ity t d ! '5O. !'
34114/0/4°6P_r_atar•jrhe vete on the new
Constitution will be a full one. Yesterday
1,375 votes were polled in this city. To-day
the whole vote :has risen np to abodt
two thousand. the blackq bare polled
nearly their - entire vote. Reports
I from the county ;are • favorable to the
Conservatives, but there. is no certainty as
to the result. The results are kept strictly
secret, and be until the votes are
datinted.. The ' large . majority will be cut
down. but it can hardly belentirely over
come in Wake county. _
The news from the State indicates the de
feat, of the . Constitution by a large majority,
but, rumors, of ,majorities either way are
mere speculation. -
The election has generally been quiet,
but a serious disturbance tnis l threatened in
the city about 4 o'clock this afternoon. It
was caused by the ctonduct - of J. H. Harris,
thq negro candidate for House of Commons
lit ;: -Wake , CountY, was, however,
promptly supptessed. ,
NEWBERN, April 22.-Tile election is
progressing very quietly. - The total vote
for the two districts „end, negro settlement
gives the blacks a majority of 1,620. The
news from the , interior 'indicates a large
Conservative majority;.. • al
t " " iblUl . Sllitlif
Naw Outniii,--April ' L":—'No o ff icial re
turns-Of the •!votes c., east : have yet. been
made. Further , retunn. give slightly in
creased Dernaciatie - majorities. Thirteen
parishes give majorities against the Consti
i
tution; six parishes ate in favpr, " d two or
three ,parishes give very lame orities
far ' the' * Constitution. ' Tlo ' ()titles
against - the Constitution are sin . ,The
result in the State is still extremely doubt
fill.
It is reported that frauds have been com
mitted in the election p Plaquemine Pa
rish. 'The parish gives 1,800, votes for the.
Constitution. • '' ' 111 • -
SOUTH CAROLINA.
CHARLESTON, Apiil22.—:Trae majority for
the new Constitution, as far its heard from,
is 33,000.
—The police imbroglio at lArdsville still
•COntinues. The Common Colman; at.thbir
neetlpg. to-night, will undoubtedly move
in the matter.
New Orleani WlFlcet.
tiy Telegraph id th`o ritisatirsi'eszettel
Nzw Ontiesals; .. 0 44.pril 12. 7 —Cotton quiet
with doing; ddlings,sales of
1,000 balesf reeeiptif 620. "'Sterling 1504,
152;'New , York Sight ‘Exchange 13. Gold.
140 N• • ' sugar .0314.4Slolitssea unchanged.
Flour. firmer, double extra 510,25@ 1 0 , 50 .
Oattilimer 'at '74e. - 8ay111 90 9 21 . - Me ss
Pork firM. at 822;i auxin. firm; shoulders
.13§c; clear rib 16X e. ,- Lard firm; tierce
- 18 ®l9erkeg lifixe.
~„Whiladelphiald ar k et•
Lily Telegraphto die rutabaga essette.l
seed,
PlixLinnurini, 'Airil 2% --Clover
118 for Ohio. FelenntAield firmly for
exude Bmci,fi n o4,.-25340. Flour in
vi,dem9,o' extra. farAgt 510,50aI2,80„
i n 'god demand; ions e 3; Kentucky
iffil.-QM26,v:itye firm it .V. Corn in' fair
. dionan d; odes ii ,000 bush ;mellow at , 11.24 a
i723rinixed 'western. e1tP11,24. Oats dull
ae 57 • a m p Frovilduns =changed.
. ,
, • Sutraloldhrkitt.
iliiilvicgrapit to the F1%91)1:1;14 ,Gazote.3
Ailkill2ll=Fletii•griod demand
lar spring:a 750 basiCitv ground at
100, 50 . and 209.41)0144x111xm0ti10 at $12,90.
:Me • /01PLuel YilloE4 nominally un- .
•Chinge.d. ' Corti higgtvit 85c. western to sr-,
triYeiqVic.:‘,4NUWintirkiit.bare. -Rye ditto.
x is „z or k i . asking. 898 at cloak
and un-
, . ...
•, , tr ai t 2(arket e,
$4 . T e l e i rs pi k ) 4 ) , liii, lytiaburO l euette.l
` . l - i
'iiliitii'Apill 22:...:07itr rather less ao
ilveinvelableolitOperior ei80a3,25,
, A bo a v , I.2.ll7iYheat t , , shade walker;
under thelnfluence orthe Ne*Nork re
port holderssaki2,9B for No. lifeline; No. 2
sold at 12,72. • ' '
1
El