a a a free from tax ; the tax is not exacted on that be incumbered. All the various interests in tax yet remaining in our revenue system, the part of it which is exported, but in order to the country, that are complaining of taxation, only general tax, and that it is imposed upon collect the domestic tax burdens are thrown will of course claim a right to be considered a manufacture which, instead of being discourupon this expertation which the country can in connection with this bill, and the conse- aged by us, ought to be encouraged by our well afford to rid them of. In order to insure quence will be that the bill will be burdened || legislation. The only effect of permitting this the collection of the tax on that which is con- down with these numerous amendments, and tax upon the products of petroleum to remain sumed at home the whole system is loaded with || probably defeated. The interest which the while the crude article is free from taxation is the same provisions which we have just gone Senator represents is not the only interest in to push the manufacture out of our own coun. overin reference to tobacco and distilled spirits. the country that complains that taxation is too try, to cause the raw article to be exported, Those articles are mere luxuries and should high; it is not the only interest that is demand- and the capital and labor of Europe to be be taxed high, and if they are taxed bigb means ing relief; and if we allow this amendment to | employed in its manufacture instead of the must be resorted to in order to secure the col- go upon this bill then no objection can be made capital and labor of our own country. Therelection of the tax. The are also looked upon to any amendment that may be proposed affect- fore the clearest reasons of policy are against by many as having an ill effect upon the morals | ing any other interest; and instead of being a | the retention of this tax ; and it is manifestly of the community. I see that clergymen now bill which was intended by the House to be a an unjust and odious one when we have reare beginning to discountenance the use of bill to regulate the tax upon whisky and tobacco, lieved other manufactures from similar burtobacco as they have of whisky for some time taken out of the tax bill that was reported by dens. This I consider to be a conclusive view past. That shows, at any rate, in what esteem the Committee of Ways and Meaus expressly of this subject, without going fully into that it is held by many of our citizens. for the purpose of legislating upon that subject, argument which was submitted upon a former But, sir, nothing of this kind can apply to it will become a bill regulating the tax upon occasion, and which then enlisted favorably the mineral oil. It is not an article of luxury || all the various subjects in the country upon the judgment of the Senate. by any means. It is found in the family of which it is said the taxes ought to be modified The only objection made by the Senator from every poor man, perhaps, in the country. It or repealed. Oregon is in regard to the time and place furnishes him a cheaper light than he has ever It is upon that ground, without taking time when this amendment is offered. He is averse had before. It furnishes him at the same time, to go into the discussion, that I oppose the to entertaining it and voting for it, although he perhays, a better light for the quantity of oil amendment. I am not disposed now to say does not object to it upon its merits, because used. The considerations that may lead to that if the proposition made by the Senator if we adopt this amendment other amendimposing these heavy burdens on tobacco and was in a different form or upon a general tax ments may possibly be offered. Now, sir, whisky would argue a different way in reference bill I should not be willing to support it; but those of us who are in favor of this amendto petroleum. And yet, sir, in order to collect at this late day in the session, when there is ment can give a conclusive answer, a satisfacthis tax upon the oil that is consumed at home no time to discuss these various propositions, tory answer, at least, to that suggestion. In the the export trade is heavily burdened; and it is the only way to save this bill and pass it at all first place, these taxes are entirely unlike any necessary that a host of officers, inspectors, is to confine it exclusively to the two subjects | others in our internal revenue system. In the gaugers, and I know not what you call them, which are contained in it. next place, this question is connected with the should be appointed. The manufacturers of Mr. VAN WINKLE. I think I can say to simplification of the revenue system, which is oil are compelled to employ extra clerks to the Senator from Oregon, with perfect pro- one of the leading objects of this bill. We are make regular returns, and are incumbered in priety and with great truth, that there is no to dispense as far as we can with the inspectors that way with an additional expense which || parallel interest to this in the country. In the of revenue and with other subordinate officers must affect them even in reference to their second place, I may say, as I have already under the Commissioner wherever we can. export trade, although nominally no tax is said, that it is in some sense germane to this These taxes upon petroleum require a considplaced upon that. bill, as it has the same apparatus and body of | erable number of officers for their administraWithout attempting or wishing to detain the officers that these other articles have. tion. I am told that some of the inspectors Senate one moment longer than is necessary, I Again, the Senator's remarks might well have been receiving as high as eight or ten ask them to take into consideration the fact I apply in the House of Representatives, where thousand dollars a year. It is made a matter have last stated, that this article is a most the committee were ordered to bring in a bill of complaint and of odium that such features valuable export; that it is one of our largest in relation to tobacco and distilled spirits only; are permitted to exist in connection with our exports; and that this export trade, valuable but I think the Senate has the right, and has revenue law. I believe public opinion everyas it is, is to a certain extent injured by means independence enough when a good proposition where is tending to this ground: that our tax of the arrangements made for the simple col- like this is offered to it, to pass it without being system should be simplified; that we should lection tax on the home supply. For the fiscal cowed by any consideration of that kind. It confine the burden to as few objects as possiyear ending in June last the tax amounted to is the only manufacture, as I have already | ble; that we should dispense with all the offisomething short of five million dollars. One | said, of its class that is now taxed at all. cers that we can, and should confine ourselves half of that is reduced, which would leave it I wish in this connection to read a letter only to those necessary objects of revenue considerably less than two and a half million from the chairman of the Committee of Ways demanded in order to meet the public burdens. dollars, and I apprehend, as the production bas and Means of the House. He says: I venture to say, in answer to the Senator somewhat diminished during the last year, that "Wo think, in my committee, that mineral oil from Oregon, that the adoption of this amendit cannot be stated at over two million dollars. ought to be put upon the footing of all other manu- ment by the Senate will not embarrass the This is an amount, considered by itself it is true, factures. If you can put this amendinent in the bill Senate itself. No other amendments will be in the Senate we can pretty certainly carry it through large ; but in proportion to the whole of our the House. It would have gone tbrough to-day if we offered of a general nature leading to debate taxes it is a light amount. I have the opinion had not been limited to spirits and tobacco." and producing delay. I venture to say, also, of the Special Commissioner of the Revenue Now, sir, abstractedly considered, it may bea that the adoption of this amendment by the that it can be dispensed with, and he thinks it very nice thing not to have too many subjects Senate will not produce a difference with the ought to be dispensed with. I have the author- in a bill; but when an interest like this, so House. The Senator from West Virginia has ity of at least a majority of the Finance Com- great as I have shown, is suffering without || already informed us that the House is disposed mittee that they believe the tax might and occasion, for I may say it is without occasion to it; that the Committee of Ways and Means should be dispensed with. I understand that that this interest should be put to so much are not only willing, but some of them at the same opinion prevails in the Committee of expense in order to conduct it, when there can least anxious to accept this amendment and Ways and Means, and that this amendment || be no occasion for it either in reference to the to incorporate it into the present bill. would probably have been made in the House, amount of tax to be collected, or to any frauds The objection that this amendment will inexcept for their strict rules, which after it was that are taking place in it, or to the character troduce a subject not in the purview of the bill offered would have compelled it to go back to of the commodity manufactured, I hope the as originally introduced in the House goes for the Committee of the Whole. I trust, there- || Senate will not for that reason at least refuse nothing. Are we to have bills introduced into fore, that this amendinent will be fairly con- to adopt this amendment. that House and sent here as they were originsidered by the Senate, and that this relief may Mr. BUCKALEW. Mr. President, the || ally formed? Have we no power of amendbe given to so valuable a branch of manufac- || former argument made in the Senate on this ment? Are we not permitted to cast our eyes ture. subject, which was indorsed by the vote of the over the whole field of inquiry, and if we find Mr. WILLIAMS. I do not propose to con Senate, would cover completely in the pages a particular object deserving of our attention, trovert particularly what the Senator has said || of the Congressional Globe the amendment || exceptional in its character, and directly conas to the necessity or justice of removing this || which is now proposed by the Senator from nected in its machinery with the measure sent tax ; but the Committee on Finance did not West Virginia. We then had a full debate on to us, shall we not propose an amendment? consider it expedient to attach this amend- the subject of the taxation of the products of And especially are we to be deterred from ment to the bill, as this bill is confined exclu- || petroleum or manufactures therefrom ; and it | doing so when we have the best assurance that sively to whisky and tobacco; and it was was only, in my opinion, because the Senator the House of Representatives will concur with partly upon that ground that those sections from West Virginia then proposed his amend- us in our action, and that even if there should providing for the taxation of banks were ment in the form of a reduction of the tax to be objection in that House we can recede in a stricken out of the bill, so that this legislation one half, instead of an amendment proposing moment when the bill is returned with a nonmight be exclusively upon the two subjects of to remove it altogether, that we have this ques- concurrence in the amendment? whisky and tobacco. "If one amendment is tion again before us moved upon the present For these reasons I think there is no force proposed introducing another subject into this bill. in the point which has been made by the Senbill another amendment introducing another It is a decisive argument in favor of his ator from Oregon; and for the very satisfactory subject may be proposed ; and so the bill may Il proposition that this is the only manufacturing reasons which bave already been stated by the Senator from West Virginia, as well as for the The yeas and nays were ordered ; and being in charactor to the late Osage treaty, which has been reasons which were fully elaborated in the | taken, resulted-yeas 21, nays 12; as follows: emphatically condemned by this House: Therefore, Resolvedl, Tbut the Committee on Indian A Tairs be former debate and published to the country, I YEAS-Messrs. Buckalew, Cameron, Cole, Con- instructed to inquire into the facts and cireurostances think we ought to adopt this amendment. ness, Cragin, Davis, Fowler, llarlan, lowe. Me- of said so-called treaty, that they have power to send The PRESIDENT pro tempore. The ques. Creery, McDonald, Osborn, Patterson of New llamp- for persons and papers, and that they report to this shire, Ramsey, Stewart, Sumner, Trumbull, Van Housc by bill or otherwise. tion is on the amendment proposed by the Sen- Winkle, Vickers, Welcb, and Yates--21. ator from West Virginia. NAYS-Messrs. Anthony, Cattell, Conkling, Cor REFERENCE OF BILLS, ETC. Mr. VAN WINKLE and Mr. BUCKALEW bett, Edmunds, Morgan, Morrill of Vermont, Ross, Mr. UPSON. I move to reconsider the Shermar, Wade. Williams, and Wilson-12. called for the yeas and nays, and they were ABSENT - Messrs. Bayard, Chandler, Dixon, various votes taken this morning on the referordered ; and being taken, resulted-yeas 15, Doolittle, Drake, Ferry, Fessenden, Frelinghuysen, ence of bills; and also move that the motion nays 17; as follows: Grimes, Henderson, Hendricks, Howard, Johnson, to reconsider be laid on the table. IMPEACIIMENT OF THE PRESIDENT. Mr. STEVENS, of Pennsylvania. I rise to munds, Harlan, Howe, McDonald, Morgan, Morrill a question of privilege, and present a resoluof Vermont, Osborn, Sherman, Trumbull, Vickers, Wade. Welch, Williams, and Yates-17. HOUSE OF REPRESENTATIVES. tion, upon which, after it is read, I propose to submit some remarks. ABSENT - Messrs. Bayard, Chandler, Dixon, TUESDAY, July 7, 1868. Doolittle, Drake, Ferry, Fessenden, Frelinghuysen, The SPEAKER. The resolution will be Grimes, Hendricks. Howard, Johnson, Morrill of The House met at twelve o'clock m. Prayer read, after which the Chair will rule whether Maino, Morton, Norton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Rice, by the Chaplain, Rev. C. B. Boynton. it is or is not a question of privilege. Saulsbury, Sprague, Stewart, Thayer, Tipton, and The Journal of yesterday was partly read, The Clerk read as follows: Willey-26. when Whereas a high court of impeachment has lately So the amendment was rejected. Mr. WASHBURNE, of Illinois, moved that been in session to try Andrew Johnson, President Mr. DAVIS. I offer an amendmentthe further reading of the Journal be dispensed of the United States, for high crinies and misde. meanors, and has adjourned without completing its Mr. CONNESS. I move that the Senate with, judgment; and whereas it is proper that additional do now adjourn. It must be evident that we The motion was, by unanimous consent, articles should be filed, if the House deem expedient; Therefore, cannot pass this bill to-night. agreed to. Resolved. That a committee of — be appointed to Mr. SHERMAN. We can pass it in a little PAYMENT FOR GOVERNMENT SUPPLIES. propare additional articles of impeachment, and while now. report the same in substance as follows: Mr. DELANO, by unanimous consent, in. Additional articles of impeachment exhibited by Mr. CONNESS. It cannot be passed to. troduced a bill (H. R. No. 1369) to provide the House of Representatives, in the name of them night. for the payment of certain demands for stores selves and all the people of the United States, The PRESIDENT pro tempore. The ques against Andrew Johnson, President of the United and articles used by the engineer department States, in maintenance and support of their imtion is on the motion to adjourn. of the Army of the United States; which was peachment against him for high crimes and misdeMr. SHERMAN. I call for the yeas and read a first and second time, and referred to meanors in office. nays upon it. the Committee of Claims. First Additional Article. The yeas and nays were ordered. That the said Andrew Johnson, President of the Mr. VAN WINKLE. I desire to state that ISAAC I. RICUMOND. United States, did abuse the patronage of the Gov. ernment, which by virtue of his office had been my colleague (Mr. Willey) is confined to his Mr. BAKER, by unanimous consent, sub- intrusted to him, and did pervert it to improper and room by indisposition. mitted the following resolution ; which was selfish purposes, inasmuch as he used it to corrupt The question being taken by yeas and nays, read, considered, and agreed to: the people of the United States, and to induce them to abandon and renounce the principles which they resulted-yeas 16, nays 16 ; as follows: Resoloed, That the Committee of Claims be in- conscientiously held, and to adopt others which structed to inquire what measure of relief is due to they did not approve, in order to promote the selYEAS-Messrs. Buckalew, Cameron, Cole, Con- Isanc I. Richmond, of Alton, Illinois, for services fish purposes of said Andrew Johnson, The Presiness, Cragin, Davis, Fowler, Harlan, Howe. Mc- rendered the Government as acting assistant assessor dent of the United States came into power and Creery, Ramsey, Sumner, Trumbull, Van Winkle, for the first division of the twelfth collection district received his office becauso he professed to bold the Vickers, and Yates-16. of the State of Illinois during the months of Decem- principles of the Republican party, and zealously NAYS-Messrs. Anthony, Cattell, Conkling, Cor- ber, 1866, and January, 1867, and to report by bill or avowed his determination to carry them into effect. bett, Edmunds, McDonald, Morgan, Morrill of Ver- otherwise. When he came into power ho found the offices of the mont, Osborn, Patterson of New Hampshire, Ross, Sherman. Wade, Welch, Williams, and Wilson-16. TERMS OF VIRGINIA DISTRICT COURT. Government, many thousands in number, filled with men professing the same Republican principles, and ABSENT-Messrs. Bayard, Chandler, Dixon, Doo Mr. BOUTWELL, by unanimous consent, who had been appointed expressly io carry thein Jittle, Drake, Ferry, Fessenden, Frelinghuysen, Grimes, Henderson, Hendricks, Howard, Johnson, introduced a bill (H. R. No. 1370) to fix the into effect. When, by a fatal accident, he became the Chief Executive of the nation, he determined to Morrill of Maine, Morton, Norton, Nye. Patterson time for holding the terms of the United States seek an election for the same office at the next presof Tennessee, Pomeroy, Rice, Saulsbury, Sprague, district eourt in Virginia; which was read a idential term. He foresaw that it would become Stewart, Thayer, Tipton, and Willey-26. first and second time, and referred to the Com. necessary to renounce the principles of the Repub. So the Senate refused to adjourn. lican party, and to establish a new personal party, mittee on the Judiciary. specially devoted to himself, and he did not hesitate Mr. SHERMAN. I now move that the NIAGARA SHIP-CANAL. to apply to that object the profits of thousands of Senate take a recess until half past seven offices and of millions of revenue. He set delibero'clock. [“No!” “No!''] Mr. VAN HORN, of New York. I ask ately about turning faithful officers out of their Mr. SUMNER. I hope not. unanimous consent to submit the following places because they would not renounce their prin ciples, and of appointing others to office because Mr. CONNESS. On that motion I call for resolution : they plodged themselves to support him and his the yeas and nays. Resolved. That the bill now in the Committee of principles. The removals and appointments were the Whole, providing for the construction of a avowedly made for no cause of merit or demerit, The yeas and nays were ordered ; and being | ship-canal around the falls of Niagara, bo postponed but for the purpose of adding recruits to the new taken, resulted-yeas 14, nays 20; as follows: to, and made the special order for Thursday, the 10th party. day of December next, immediately after the morn Second Additional Article. YEAS-Messrs. Anthony, Cattell, Cole, Conkling, ing hour, and continue as the special order from day That the said Andrew Johnson, being the Chief Corbett, Harlan, Henderson, Morgan, Morrill of to day until disposed of. Executive of the United States, and being assigned Vermont, Sherman, Stewart, Wade, Williams, and by law to the duties to take care that the laws shall Wilson-14, Mr. HOLMAN. I object. þc faithfully executed, and having no judicial or NAYS-Messrs. Buckalew, Cameron, Conness, legislative powers confided to him by the ConstituCragin, Davis, Edmunds. Fowler, Howe, McCreery, LEGISLATIVE, ETC., APPROPRIATION BILL. tion, all his duties , did, on McDonald, Osborn, Patterson of New Hampshire, Ramsey, Ross, Sumner, Trumbull, Van Winkle, time, usurp to bimself the branch Vickers, Welch, and Yates-20. of Mr. WASHBURNE of Illinois, Mr. DELANO, of the Government, and did do acts and exercise ABSENT-Messrs. Bayard, Chandler, Dixon, Doo- and Mr. PHELPS as the committee of confer- functions whicb belonged to the legislative branch little, Drake, Ferry, Fessenden, Frelinghuysen, Grimes, Hendricks, Howard, Johnson, Morrill of ence on the part of the House upon the dis alone; and in pursuance of such claim, having at the time the Army and Navy of the United States at Maine, Morton, Norton, Nye, Patterson of Tennessee, agreeing votes of the two Houses on the bill his command, did establish and erect into a separate Pomeroy, Rice, Saulsbury, Sprague, Thayer, Tipton, || (H. R. No. 605) making appropriations for the government that portion of the territory which had and Willey-24. So the motion was not agreed to. legislative, executive, and judicial expenses of been conquered by the United States from the lately 80-called confederate States of America, and wbich the Government for the year ending the 30th was lately embraced within the boundaries of the Mr. CONNESS. I move that the Senate of June, 1869. State of North Carolina, and did, by his own usurped do now adjourn. authority, create a State and form of government Mr. SHERMAN. We may as well close the POTAWATTOMIE INDIAN LANDS. hitherto unknown to the United States, and did cre ate an office hitherto unknown to our Constitution, bill first as last. Mr. JULIAN, by unanimous consent, sub- and appointed thereto an officer whom he called proMr. CONNESS. It is impossible to pass mitted the following resolution; which was read, visional governor, and directed bim how to construct this bill to-night. and carry out said government. He fixed, and by his The Senator ought to see considered, and agreed to : own will decreed, the qualification of electors, and that, I think. Whereas a contract has been made which purports who should be eligible to office in the new goveroSeveral SENATORS, (to Mr. SHERMAN.) Do to be a treaty between certain commissioners acting ment, which he by proclamation declared was denot give it up. in the name of the United States and the Potawat- prived of all civil government by the armed forces tomie Indians, by which the unallotted lands of said of the independent belligerents with whom we had Mr. SHERMAN. I do not give it up; but Indians, amounting to three hundred and forty-two been at war. And he appointed William W. Holden if the Senate choose to adjourn they can do so. thousand acres, have been sold to the Atchison, to the office of provisional governor of North Caro Topeka, and Santa Fé Railroad Company, at the lina, and directed him to administer the offices of the The question being put, there were on a price of one dollar per acre; and whereas these lands newly-created State. division-ayes twenty-one are known to be valuable, and said price is believed On the 13th of June, 1865, he usurped the same Mr. SHERMAN. I think we may as well to be in monstrous disproportion thereto, and said powers, and without any direction from Congress, treaty, so called, is declared by prominent and re- to whom alone it belonged, erected into an indehave the yeas and nays on this motion. spectable men in the State of Kansas to be similar pendent State that part of conquored territory for The SPEAKER announced the appointment | the 29th day of May, 1505, and before and alter that error. а merly known as the State of Mississippi, and ap- still retained in England, it was very much intention to drag it into daylight was among pointed William L. Sharkey provisional governor modified, indeed entirely changed, under our the things which it was impossible to evade, thereof. And on the 17th of June, 1865, he in liko manner Constitution. for the slightest exposure would make every. erected a portion of said territory into what he called But in England the objects of such trial were thing apparent to the naked eye. the State of Georgia, and appointed James Johnson soon perverted. Passion, revenge, and malig. But the Republican party fell into a great provisional governor thereof. On or about the 17th, 21st, and 30th of June and the 13th of July he, in like nity refused to let large malefactors escape from In a short time it became apparent manner, created governments which he called the the hands of those who were persecuting them that this was to be a work of very considerable States of Texas, South Carolina, and Florida. And by impeachment, and they changed the punish- magnitude, if the course pointed out were to wben afterward Congress declared such governments and institutions null and void, and prescribed other ment to one of criminal extent, and inflicted be pursued. Instead of investigating charges methods of governing said territory, and to enable it death by the block and gallows, as well as im- of impeachment against the President of the to enter the Union by the consent of Congress, the prisonment and banishment upon many of the United States on specific allegations, charges President declared such laws null and void, and advised the people to resist their execution ; and he high as well as low offenders. Many found extending to every crime and every folly which has norer aided in carrying into effect, but has themselves arraigned and tried for the deepest a wicked, bad man conld be guilty of were resisted, what are called the reconstruction laws." crimes in this form of proceeding, while the eagerly sought for and gravely investigated, or Third Additional Article. acts they had done were merely of a political | the investigation entered upon with a malignity For that Andrew Johnson, President of the United character. It was in this perverted state of the and feeling which could do no credit to so high States, by his corrupt practices did attempt to induce the Senators-elect froin the State of Colorado to per English law that our Revolution broke out and a tribunal. juro themselves, upon the condition of his signing our Constitution was formed. So that our To my mind the whole question of the guilt the bill admitting Colorado into the Union as a State, statesmen and judges, groping in the dark for of the respondent, the whole question of mal. and thereby admitting them as Senators of the Uni the right reason of the law and seeing it "as feasance in office by the President of the United ted States. He did also pardon and restore the rights of fran through a glass darkly," so construed our law States, the whole question of his official "high chise to one hundred and ninety-three deserters who, of impeachment that when the first cases under crimes and misdemeanors" lay within thirtyduring the war, had deserted from the United States Army, upon condition that they would vote for the it came to be deu.ded, and indeed all the sound six hours of the examination of the testimony Democratic party at the then immediately ensuing cases, the judges, though somewhat mystified in chief if it had been properly confined to that election; and they did thus vote, and give to the in the proper construction to put upon it, almost testimony. Democratic agent, Hon. Thomas B. Florence, the sum of $1,000 in cash. uniformly excluded from the essence of the But these innumerable eggs were thrown He appointed numerous persons to office who could | impeachment all necessity for the charge of into the nest of this investigation, until it was not take the test-oath, and did not take it, but were moral guilt, malignity, crime, and malum in se. more than full, and their was great danger of allowed to act and discharge the functions thereof in defiance of law. They rejected the whole idea of the necessity their becoming addled. llo ordered agricultural scrip to be issued to the of the commission of indictable offenses, and They thought to break the elephant's back, State of North Carolina, which scrip was issued followed the text of Story, of Wharton, and the broad as it was, by piling upon it straws and under the act of 1862, when North Carolina was in armed warfare against the Union. precedent of Peck's case as stated by Buchanan, chaff bags, out of which was to be extracted He restored, without authority of law, large tracts Wharton, and Curtis, of the earlier case of the heavy metal of decomposition; and espeof forfeited property; enough, it is believed, to pay Chase, in neither of which is there any attempt | cially, if that would not prove sufficient, to the national debt, which had been forfeited under act of Congress, approved July 17, 1862. By reason "crimen and malum in se,'' all recog. to prove mount upon it two or three buxom damsels of all which outrages this Government becamo im- nizing the doctrine that the great offense was seated on pillions; Mrs. Cobh proved too light. poverished, the people embarrassed, therebel raiders a political one purely, and the object of its Now, sir, I merely wished to lay before the allowed to flourish, and the Constitution flagrantly violated. punishment the prevention of further injury by | House and the committee a few reasons why I He sold pardons for money, or allowed it to be done || the incumbent. was so wholly dissatisfied, as I have been and through pardon brokers. When lately-I mean by the Committee on am still. Fourth Additional Article. the Judiciary-Andrew Johoson wasimpeached That a misdemeanor is triable by a common He did take from the Treasury of the United States for high crimes and misdemeanors, which meant law court in England, and a felony is triable largo tracts of land and large amounts of money, sufficient, it is believed, to have paid our national simply high political offenses, a grand oppor- as a high crime before a common jury, no one debts, and which had been transferred to the United tunity was presented, for the first time in this doubts who has paid the least attention to the States by act of the 17th July, 1862, as enemies' prop- country, for great judicial minds to lay down common law. But no one can, and so far as I erty, to be applied to the expenses of the war and the broadly and forever the law of impeachments, debts of the United States. This was corruptly and know, no one does pretend that either of those unlawfully done without any authority of Congress. so that on the one hand they would not allow offenses can be tried under the law of Congress Fith Additional Article. political offenders to escape for abusing their at common law, there being no common law He did usurp the powers of other branches of the high trust, and on the other hand would not in the United States. Government, and exercise the legislative power in allow heated and malignant demagogues to Why, then, is it pretended that any common defiance of the Constitution, in creating or attempt law offense can be brought before a judicial ing to create new governments out of the territory | persecute political opponents and rivals so as conquered from the “Confederate States of Amer to carry their punishments to the bloody marge tribunal of the nation? Why is it pretended ica,'' so called, and to govern them by his own mere of hatred and vengeance. that any of the offenses charged against Jefferpower, by forms unknown to the Constitution, witb- If further punishment were found necessary son Davis and his associates can be tried as out consulting Congress, but defying their authority || there would be no advantage from political | criminal offenses before the Government on when they had spokon, and denying the constitutionality of the laws of Congress enacted to govern ascendancy, for then the prosecution would impeachment? Whether they could now be said conquered territory. proceed according to the impartial principles | tried for riots and mutiny I give no opinion, The SPEAKER. The Chair decides that of the common law, where justice could be having always held that the sovereignty, when this is a question of the highest privilege. administered between man and man. I had it once reconquered its sovereign power, could Mr. STEVENS, of Pennsylvania. , Mr. | hoped that these great principles would have inflict just such punishment, and through just Speaker, when the English jurists undertook been so elucidated by the learned Judiciary || such tribunals as it saw proper, not by virtue to establish forms of jurisprudence, they estab- Committee of this House that no future time of its old tribunals, but by virtue of its eminent lished two or more sets of tribunals--one for would produce the risk of judicial persecutions || domain, or by virtue of its remnant of municithe trial of high criminal offenses against the and murders. pal power. good morals and the heart of society, in which Of all prosecutions which I have ever wit- Instead of alleging that impeachment can trials the most rigid rules of law and evidence nessed, either in civil or military affairs, that only be instituted where there is an indictable were observed, especially in the defense and result was to me the most unsatisfactory. I offense, I contend that the great object of protection of the aocused, and when conviction | speak of the first prosecution. I have nothing impeachment was to punish for malfeasance in was had, the most rigid punishments were in- to say of the last one, and I beg my remarks office-where there was no actual crime comflicted to deter from future wrongs upon society, || will be so understood throughout. But hav. | mitted—no malfeasance against which an indictnot simply as punishment, but as example- ing my own views I must utter them in good | ment would hold, and against which no alleexample being a large portion of the object, | faith, without regard to the position which the gation of evil intention need be made. In but punishment by no means overlooked. listener may happen to occupy. When that other words, that proceedings in impeachment But such was the structure of their uneqnal prosecution was first commenced, I believed it should be had mainly where the true distincsociety that it was very difficult to bring large | then, as I believe it now, to be the deep-seated | tion was made between a charge against a party malefactors to conviction and punishment for conviction of nine tenths of the honest men of with malice aforethought in it, and a charge offenses involving disgrace and capital inflic- the party that the respondent was guilty and against a party with no evil intention, but Hence, wrongs committed by public | ought to be convicted. with great injury to the country ; in short, that men against the mere administration of Gov. I admit that after the election of the new they could be had mainly for political offenses ; ernment, if prosecuted as such, were apt to President of the Senate there was a cooling off and that the grade of high crimes and misdeescape punishment. Still it was necessary that in certain quarters, from motives which I have meanors spoken of by the Constitution as subsuch public offenders should be deprived of never been able to fathom, and do not now jecting the party to impeachment, did not the opportunity of longer injuring the commu- intend to scan. When the Republicans of the involve the guilt of malum in se or wickedness nity, and another tribunal was established for House came to scrutinize the acts of the Pres. of heart, so that the highest official in the their trial, composed of men elevated above | ident preparatory to taking evidence I believe land can be impeached, convicted, and puntheir sphere or dread of influence; and to that none were of the opinion that the time ished without having committed a single offense secure success the punishment for political occupied in taking testimony would extend which involved malignity of heart. offenses on such conviction was in most cases over a period of more than twenty days. If an officer cannot be impeached except for reduced to mere removal from office, without To their minds the whole question was so an indictable offense, then you must wait until fine or imprisonment or disgraceful infictions patent , so clear, lay so completely upon the he has done some injurious act with malice suffered. Although the criminal feature was surface of events, that to seize it with the clear || aforethought. It cannot be, sir, that malice tions. But it may re is an ingredient that makes the maladminis- especially the large ones, so as to remove from Here then, sir, I might stop and say to you tration ci an officeholder either more or less power those who differ, and place those in who and this body, which of you is it that is corrupt injurious to the public, better or worse, as it agree with him, and in this way to propagate and fit to be inpeached and thrust forth from does not operate directly on the individual, the principles he advocates, and upon which your high offices? You cannot both remain but on the Government. He may believe that the people of the United States had placed where you are. One of you, or both, speak a certain course of conduct tends to the good him in power. Not to do that would, I think, with a forked tongue, and require that the song of his administration and the country. He be badly treating those who elevated him and of Almonah, if they never complain, shall be is warned by his advisers and by the legisla- | expected him to teach their doctrines. But so punished that the indomitable energy of tive branch that he is mistaken and must desist. for an Executive who has been elected to office their nature should never again be exhibited He reconsiders it and persists, under the con- professing and loudly proclaiming, one set of in the land of civilization. scientious belief that he is right and his advisers principles to change into a diametrically oppo- Sir, I am almost ashamed to charge the are wrong. site course all those principles through which respondent with so small an offense as corHere is no indictable offense, here is no in- he was elevated to power, without surrender- || rupting the lawful voters of the United States gredient which constitutes an indictable offense ing that power to those who gave it, and to to build up a party for himself, especially when -malice aforethought. And yet it there be bribe by patronage, by money, or by the peo- there are so many graver charges, charges large interests at stake intrusted to his care ple's offices, the very men who had assisted to which, in any other country, would bring out he may be crushing the life of the nation so elevate him to adopt other principles, and the block and sharpen the ax. while he believes himself but doing his duty. thus to corrupt and pervert the good morals be well to expose to the gaze of the loyal peoHow can any man pretend that such acts, as of the country, so far as his patronage will || ple of the nation the conduct of him who these, which are destroying the welfare of a allow, seems to me to fall little shortin atrocity claimed to be pure, and who violated all his whole people, and persevered in 'afte of the most corrupt practices of Europe in the claims It charged and proved, beyond the peated warnings, do not constitute impeach- worst days of the corrupt courts of Charles and possibility of a doubt, that one hundred and able offenses, although not indictable ones? Edward, and to put Judas Iscariot to the blush. ninety-three deserters from the United States But has not this subject been adjudicated Would to God that such an Executive had the Army, who had taken with them their arms time after time, and by tribunal after tribunal? repentance of that remorseful malefactor, who and accouterments to the enemy, were parHave not the elementary writers of the various bad been guilty of no indictable offense, but doned by the President a few days before the States of America, and of the General Govern- had simply indicated by a kiss the identity of election at which they were expected to vote, ment of the United States, clearly and decid- the Master who trusted him. in order that they might cast their ballots for edly pronounced the same judgment? I refer But let us look a little further into the items Mr. Andrews, of Virginia, and Colonel Montto Story, to Rawle, to Madison, Hamilton, which the evidence discloses. I will speak now gomery, of Pennsylvania, both friends and parMay, and Curtis. of the acts which have been perpetrated by || tisans of the President. Seeing, then, that there are no obstacles in the President in attempting to corrupt and No one doubts, from the evidence of Colthe way of impeachment, let us go a little bribe citizens of the United States, now mem- onel McEwen, that he urged the pardons upon further with the facts which are produced in bers of Congress, and here ready to discharge that ground alone. No one doubts that to some slight manner to sustain the preliminary | their duty. procure such pardons he paid my friend Tom action of this tribunal ? Colorado, a virgin golden State, presented || Florence $1,000, and that, by the way, is the We will now partially consider the evidence herself for admission into the Union of the only redeeming part of the transaction; for and arguments applicable to the first additional States. She presented a constitution to which had he made it $2,000 I would have passed it article. To corrupt the youth of a nation was а no branch of the Government objected, so far over without comment, so anxious am I that held by Socrates and Plato to be among the as I recollect, except the Republicans, who my old friend should flourish in these times. most atrocious of offenses, because it tended insisted upon the allowance of the enfranchise- Does any one doubt that all these cases are to overthrow the solid forms of government, ment of the blacks. fully proved? If they do not, where is there and built up anarchy and despotism in their But it was objected to by the President upon any man sufficiently corrupt to deny their place. If it were so in an oligarchy how much various grounds, among which was want of impeachable character in the Executive of the more would it be so in a government where || population, together with others which I do nation? If there be any such, let him speak. the laws control, and where the laws should not find it necessary to recapitulate ; one of But let us pass over the quires of scandalous be pure if that government is expected to be | which, however, I believe was his desire to testimony going to prove the respondent's conducted with purity, and to survive the tem. have all men enfranchised. Congress then so depraved appetite and licentious habits, as porary shocks of tyrants? If it is proved or modified it as to agree to accept it, with one matters to be dealt with to the shame of those known that Andrew Johnson attempted at any or two exceptions, among them that which I who selected bim rather than by his public time to corrupt the legal voters of the United have before mentioned. accusers, and proceed to the graver charges States, so as to change them from their own They so directed their members of Congress, of embezzling or allowing others to embezzle true opinions to those which he himself had the vote of whose Senators was necessary to the public property, and of the abuse of the adopted, then, I suppose, there are few who give the requisite two thirds majority to pass it | high prerogative of the pardoning power. will pretend that he was not guilty of a high over the veto. Before this period had arrived On the 17th of July, 1862, Congress passed inisdemeanor. We need hardly call witnesses the President had set up a kingdom for him. a law, and a very comprehensive one, the first to prove a fuct which everybody knows, and self and determined to people it with apostates four sections of which defined the punishment nobody will deny; and yet in legal accuracy from honest communities. He informed the of treason and misprision of treason. They it becomes necessary to prove by sworn evi- Senators from Colorado that he could not sign extended no further than to punishment by dence the facts to which I have referred. Does the bill for the admission of their State unless death without confiscation. All the other the sun shine at mid-day? It would hardly be they agreed to support his policy in the course portions of the law, which is a long one, thought necessary to answer that question by | he bad determined to pursue ; and he most dis- treated the officers, soldiers, aiders, and abetproof, and yet there is just as much necessity || tinctly said, if there be any truth in those gen- tors of the so-called confederate States of for it as to prove that Andrew Johnson had tlemen, that if they thus supported him he America as independent belligerents, and prochanged his whole principles and policy, and would in turn support them, and become their ceeded to denounce against them the punishentered into the most dangerous and damaging | friend, and give them his signature, which ment which should be inflicted and the penal. contracts with aspirants for office to induce would admit them into the Union. I know ties which they should endure when conquered. them to aid him in changing the principles of that cavils have been had upon this point, but Among these penalties and forfeitures it was those who sought office. Did he not so author. I know, also, that no man of common honesty || expressly provided that the President of the ize his known agents so to instruct Colonel would enter into the arrangement I have cited United States should seize all the property of Selfridge, a gentleman of high character? Who unless both parties fully understood it to mean any member of the belligerent army, and prodoes not thence believe that the patronage was precisely what I have stated. To say that || ceed to have the same confiscated, not as the put into the hands of DOOLITTLE, Cowan, and there was no written pledge is but an insult to property of traitors or citizens guilty of treathat tribe of men for distribution on precisely the high place and what ought to be the high son, but as enemies' property, engaged in a such terms and conditions as Cowan stated to character of the Executive. national war with the United States, whenever Colonel Selfridge? Show me a more shame. Supposing, then, that this offer was made, is | subdued, and that the same should be applied less perversion of patronage in any country or it a crime and misdemeanor, such as entitles || by the President to the Treasury of the United in any Government, however corrupt and des. the prosecution to a verdict against the respond | States, to pay the expenses and damages which potic, and I will admit that Andrew Johnson ent and a consequent removal from office? In the enemy had caused to be created on the is pure as the icicles that hang on Diana's my judgment if no other proposition were ever part of the United States. temple. made and proved, if the testimony of Mr. Evans Here was a most distinct, emphatic transfer Can you look abroad over this country, even and Mr. Chaffee is not contradicted, there is no of all the property belonging to the independwith imperfect vision, without shuddering, and honest tribunal upon the face of this globe ent belligerent, and to all the members, aiders, forget the hundreds of instances even within which would continue the President in his place and abettors of the so-called confederate gove your kuowledge of the good and true Repub- and enable him to go on disgracing the high ernment, whether as officers or soldiers, and licans ejected from office without any charge functions which a nation of freemen have placed the same was directed to be appropriated to the of misconduct, but simply for the reason that upon him. There is no jury in any portion of Government of this nation. By virtue of subthey had not joined the party of the President? the land who is not too intelligent to be de. sequent laws, which I have not time nor strength Now, sir, I admit that when a new Execu- luded by any of the humbug arguments which to enumerate, all the abandoned property of tive comes into office it is not only proper but would cast such remarks into another quarter, the independent belligerents who should have it is his duty to change his office-holders, and make them mean anything else. left their homes was directed to be seized by the Army and Navy of the United States and was worth. The real estate of the rich belliger- make the application for them. When one of to be transferred to the officers of the Freed- ents over the value of $20,000 each would these high culprits was pardoned, the Presimen's Bureau, in trust for the freedmen and more than pay all our national debt and the dent invariably ordered a restoration of his those who were made destitute by the war. damages done loyal citizens. To be sure, the property by a clear violation of the ConstituThese laws, also, were absolute and unqualified, /| expenditures which we have already incurred. tion. He has the pardoning power, but that and admitted of no ambiguity, no doubt of their probably exceeding $3,000,000,000, can never power does not take from the Treasury any construction, and under them large amounts be regained from the enemy, for there is no property of the United States and bestow it on of property were seized. trace of their amount. Let us see how the the convict. Under the first-named law the officers of the account would stand. The liquidated debt, as Where an act of Parliament or of the legis. Government, as fast as our armies couquered reported by the Departments, is returned at lative power of a nation declares the forfeiture, the country, seized the lands and goods of the about $3,000,000,000, and if the Government and orders its application for the purposes of enemy, and instituted proceedings for confisca- is foolish enough to pay, under the pretense the Government, it is beyond the pardoning tion. No one, I suppose, doubts that had these set up by bondholders that it ought to be paid || power of the Executive. It is not a case that laws been fully carried out enough revenue in gold instead of money, it will probably reach comes within the law of forfeiture at common would have been produced to pay the whole of $5,500,000,000-an enormous debt, which no law, but it is one that requires precisely the our national debt, together with the damage || nation ever incurred and survived. But taking same power to restore it that it did to take it done to loyal men by the enemy, both in south. it for granted that no Administration ever dared away. I feel no doubt, therefore, that the ern territory and in the northern States which to give away of tbe people's money more than restoration of this property was all a nullity, they invaded, and that, too, without seizing one $1,500,000,000 or $2,000,000,000 that do not and it is the duty, and has been the duty, of particle of property whose owners were worth belong to the claimants, and taking it for the Executive ever since he has seized this less than twenty thousand dollars. No poor granted that no clamor of bondholders or property to convert it into money and apply it man, guilty or not guilty, would have been dis- shavers or hired editors will ever induce an to the payment of the national debt. If we turbed in his possessions, or, if the proceeding honest Secretary of the Treasury, or an honest are right in this, is it not the duty of every be a hard one, would have been unjustly pan- Administration to pay the debt in anything but member of this body who has any respect for ished for his offense. Fortunately for such a lawful money when it falls due, still I suppose his constituents or any regard for his oath to proceeding the South was a land of satraps the debt would amount to over $3,000,000,000. put the respondent upon his trial and see how and nabobs, and their estates were of almost Now, the property already seized as confis- far he is guilty? Any other course, it seems indefinite extent. I once had an estimate by || cated and abandoned, from the evidence taken to me, savors so much of party corruption and competent men in the Census Bureau, and I before the Committee on Reconstruction and party demoralization that it can be accounted found that it would affect less than sixty thou- the various reports from the Freedmen's Ba. for in no other way than, in looking over this sand men out of a population of some six reau, could it have been all applied in that body, to suppose we are beholding not an million. Now, it would seem that no one who || direction, would have nearly paid, if not quite, || amphictyonic council, but an assembly of cowdesired the punishment of crime and a remun- the obligations due by the United States to the ards. I will not, therefore, believe that any eration for wrong done could much object to various holders both in Europe and America, adverse vote will be had until I have heard such a proceeding, unless all his ideas of jus- || including the certified indebtedness and legal the responses as the parties are called. tice were perverted, and he would turn the tenders. This property, you remember, is There is but one thing further on this branch punishment of the malefactor on the innocent ordered by act of 17th of July, 1862, and other of the subject which I deem it necessary or and his reward on the guilty. acts, to be reduced to money and paid to defray even proper to touch. For if the fact be as I When the President had been commissioned, these very claims. And if that course had suppose, and its exhibition do not induce this like the tormentor of Job, to deal with a nation been pursued by the President, who was ex- body to vote for impeachment, then all effort. to whatever devilish extent he chose, in order, || pressly commanded to see it executed, the debt were vain, and we should not obey, though one I suppose, to try their virtue and the endurance which now by the weekly statements looms up were to raise from the dead to instruct us. of the fire of liberty, and had commenced his to about twenty-five hundred million dollars || After all the governments in the ten or eleven acts of torture and injustice, he began by par would have been liquidated and paid. Why | conquered States which had formed the condoning the most lofty rebels, having first exon- was not this done? By the law of nations and || federate States of America had been subdued, erated all of the lower grade, and ordered to by the practice of every well-regulated Govern. crushed, conquered, by the United States, and be restored to them the land which had been ment, the conqueror compels the vanquished were admitted to be subject to their disposal seized as enemies' property by the conquering || belligerent in an unjust war to pay not only the | and lying prostrate at their mercy, the ques. power. debt incurred by the victorious party, but all || tion, a grave though not difficult one, arose: Of course I cannot now attempt to enumer- the damages caused by the invasion and inroads in what way shall they be governed? The ate the one tenth part of the property which conqueror had a right to impose just such laws had been seized, and which, under the vain It was the duty of the President, and which as he chose, within the bounds of humanity. idea that a pardon restored it, the President he had sworn to perform, to convert this prop: He had a right to give them new forms of govordered to be returned to his friends, the ori- erty into money and pay off this debt. Had ernment, new constitutions and laws, to oblitginal owners. A few specimens may serve for he not been guilty of official perjury the whole erate their old boundaries and make new ones. the whole. General Sherman, in company of the bonded debt, which is now a lien upon Who did I say had that right? The conqueror, with the Secretary of War, had seized Charles- every man's property, would bave been paid the nation, the Government, that had subdued ton and the adjacent mainland, together with or be in process of payment out of the confis- them. That conqueror, in every nation claimthe Sea Islands, so famous for cotton, and had cated funds of rebels. ing to be free, consists of the legislative power set aside these islands and the margin of the But he preferred to grant them pardons, and of the empire. The Commander-in-Chief of its water fronts as homesteads for the liberated then order that the property seized, either as armies, its judiciary, had nothing to do with freedmen, as some slight recompense for their belligerent or abandoned property, 'should be the permanent governments to be set up, ex: lives of toil. On those islands more than forty | restored to its rebel owners. How much the cept to obey and execute any laws which the thousand persons were thus provided with com- restoration cost those whose influence was used | legislative power might deem proper to pass. fortable homes-made, as they thought and all to gain their pardons and procure their restora- That was resolved and decreed, not once simthought, proprietors of the soil and independ- || tion I do not undertake to argue. I should be ply, but more than once, by a two-thirds vote, ent landholders. The testimony shows that very sorry if any man's reputation were to de- until every person belonging to either branch four hundred and fifty thousand acres of the pend upon the testimony of the Cobbs, Davises, of the Government was fully aware of it.. And mainland were laid off in a similar manner for and Bakers upon such points as these. That until those governments were established it the accommodation of these unhappy freed- they were probably right in their account of his was just as clear that the conquered provinces The testimony also is that more than social intercourse with them I think likely; had no lot in Israel. And, in order to give two thirds of Charleston were taken possession | but that would no further implicate him in high them any right, they must petition the conof on behalf of the United States, and for the crimes and misdemeanors, or be relevant evi: quering power and receive whatever terms it game purpose. dence, than as it went to show a looseness of might deem fit to give. Now, what those Sea Islands and Charleston morals which would induce honest and upright Whatever might have been the doubt of were worth I have no means of knowing--- men to give but little faith and credit to any of || iguorance and ambition immediately after the many millions, says the testimony. I should his acts. contest: no one not entirely destitute of the think they were valued very low at a billion. If the property to which we have already re- proper knowledge of the law of nations and the And who were they given to? The testimony ferred had paid off the national debt and relieved | decrees passed by this Government can now be shows that they were given to the richest men the United States from its burdens, it is clearly || in ignorance of the fact that such is the law in the South; Aiken, Trenholm, and Whaley, || proved that a very large amount of surplus which this nation determined to enforce. But and others of the opulent, who were proved to remained to the large land-holding belligerents || the executive officers thought themselves supe, have made vast amounts of money by block- after the war was ended. In all the slavehold. || rior to the sovereign power of the nation, and ade-running during the war. The estates of ing States, farms, instead of occupying two or instead of consulting them and obeying their these three are estimated at from five to twenty three hundred acres, were manors of from three | instructions they proceeded to institute gov. millions each; taken altogether, but little short to thirty thousand acres. The brothers of Jeff. ernments of their own, to dictate the kind on of a billion. The abandoned property in Vir: Davis, it is shown, were owners of hundreds of laws and constitutions under which their sub: ginia, Louisiana,and other provinces was proved thousands of acres of the richest bottom lands || jects should act, and how they should demean to be very large, and would most probably of Mississippi, and too proud to ask for pardon | themselves so as to be represented in the nation. carry up the aggregate to $1,500,000,000. But that they might save them. They bade defiance The sovereign legislative power rejected this it matters not what the abandoned property to the conqueror, and their relations had to ll proceeding, and ordered new governments to of the enemy men. |
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