has been most unhappy in his friends, no man has been so fortunate in his enemies. They have given him a high place in history as one who suffered for the rights of the American people. And when he shall go to his final account, and his friends seek in clear, terse, and lasting terms to tell that he was a man who loved his country and was hated by the corrupt and treasonable, they have to chisel upon his tombstone that he was impeached by this House of Representatives and cendemned by this Senate."

126.-IMPEACHMENT OF PRESIDENT JOHNSON.

Political tacticians, like military strategists, often threaten what they have no thought of attempting. It is doubtless true, that the Republicans wish to get rid of Mr. Johnson and place the Government in the hands of a daring and reckless Republican who would use the army and navy and all the influences it could command to carry the next election, and in the mean time to allow the most favored ones to dip deep into the Treasury. Whatever the reckless may say, or the simple believe, the substantial Republican leaders would not step upon what they knew to be untenable ground. They knew, notwithstanding what General Butler said at Brooklyn, that impeachment would not lie for error of opinion, because that is no crime, and for the reason that no standard has yet been established by law with which to make the comparison. On a trial of such a case, it would be a question of fact and not of opinion, which the Senate would have to try. A million of witnesses might be called, and the evidence stand equally balanced. As to criminal acts, the Senate could not, either as a matter of law or fact, declare that they were so, unless a statute had previously so declared them. When the law is silent, the Senate cannot declare an act a high crime or misdemeanor, without, in fact, making a law for the case, an ex post facto law. The most rigid scrutiny could not find that Mr. Johnson had violated any existing statute law or precept of religion. On the question of receiving or expelling members, each House is expressly clothed with the power to "judge of the elections, returns, and qualifications of its own members," and there is no express limitation of authority. But on impeachment, before a conviction can be had, some act, previously

declared by statute to be a high crime or misdemeanor, must be proved, as matter of fact, and not of opinion. The thinking men of the Republican party unquestionably knew that no such act could be proved, and no conviction had. The more reckless partisans, knowing that none could be expected, have proposed to pass a law to suspend the powers of the President during the trial, and in that way make the president of the Senate acting President during that time, and, by consuming the residue of Mr. Johnson's term in the trial, about the same result would follow as if he had been actually convicted. But the more thoughtful men knew such a law would be unconstitutional, and against former conclusions of the Senate, and therefore this plan has not been attempted to be carried out. The only thing left is to threaten impeachment, and shake the nerves of Mr. Johnson, hoping that he will attempt to pacify them by conferring offices to order, and allowing them such advantages as circumstances may permit. But they do not expect to carry out their threats. Many of the States make threatening and sending threatening letters a punishable offence. Are not these perpetual threats of impeachment as injurious and offensive as those made indictable by the State laws, and do these threateners occupy a better position? These revolutionists in Congress, for such they really are, have not now the remotest intention of entering upon an impeachment of the President. They are merely keeping up a show of acting for their own purposes, and perhaps to please buncombe. But they will sink under the weight of their own wrongs and infamy, and, whatever may become of the man they are now victimizing, the people will soon discard them and place the destinies of our country in the hands of the Democracy, to remain for a long period of time.

Since the foregoing was written, new events have occurred, and articles of impeachment have been filed and the trial of the President commenced.

ACTUAL IMPEACHMENT.-Since the completion of the preceding article, President Johnson made an order removing Mr. Stanton, Secretary of War, but he still remains in office, lives in the department, and protects himself by armed force. He has made himself a prisoner to himself, with an outside show of Government

bayonets.

Adjutant-General Lorenzo Thomas received an ad interim appointment, but has not been permitted by Mr. Stanton to perform its duties. This step on the part of the President rekindled the fires of impeachment, and eleven articles have been adopted by the House and presented to the Senate, and he cited to appear. He is now on trial by a court composed of the Chief Justice and the United States Senators. Nearly every Republican Senator has, either directly or indirectly, formed and expressed the opinion that the President is guilty, before he took the oath to "do impartial justice according to the Constitution and laws." Mr. Wade, who is to become President if Mr. Johnson is convicted, was allowed by the Republican Senators to be sworn and to act as a disinterested trier. The charges are all frivolous and some are childish. They were got up, not because the President had done any thing illegal or wrong, but to afford a pretext for his removal because "he is in the way" of the schemes of the Republican party for continuing in power, and rewarding their friends. The charges are, in substance, these:

1. That he removed Edwin M. Stanton from the office of Secretary of War, contrary to the Civil Tenure Office Act.

But this act, if constitutional, expressly excepts those who were not appointed by him, leaving them subject to removal. 2. That he appointed General Thomas as ad interim Secretary, contrary to the act.

As that act is unconstitutional and void, this charge cannot be sustained. General Thomas was arrested as a criminal for receiving this appointment. But nothing was done with General Grant who received precisely such an appointment, and the proceedings against General Thomas have been abandoned and dismissed.

3. This charge is the same, omitting all reference to the Tenure of Office Act.

4. Charges a conspiracy between the President and Thomas, to prevent Stanton from the performance of his duties, by intimidation and threats.

5. Contains the same charge, and adds, that they conspired with others unknown, to prevent Stanton from holding office.

6. Charges that the President conspired with General Thomas

to seize by force, take, and possess the property of the United States then in the hands of Stanton, contrary to the Conspiracy Act, and by violating the Tenure of Office Law.

7. Charges the same thing, omitting reference to the Conspiracy Statute.

8. Charges the President with a violation of the Tenure of Office Law, in order unlawfully to control the disbursements of the military appropriations.

9. That the President called General Emory before him, with the intention of violating the law requiring all military orders to pass through General Grant, to enable him to prevent Stanton from holding the office of Secretary of War.

10. Charges the President with making speeches on three different occasions which were disrespectful toward Congress.

11. Charges that, in a speech, the President declared that, owing to the non-admission of members from the South, Congress was not a lawfully-constituted body, thereby intending to prevent the execution of the statute which deprives him of the command of the army, and to avoid the execution of the Reconstruction Laws.

Here we have the whole list of charges, not one of which has any possible rational foundation. He is to be tried and convicted, if the plans are carried out, because he differs in opinion from the Republican party on questions of constitutional law, where he has the same right of opinion as any other department of the Government. If convicted, it will be for difference of opinion, and not for any illegal act.

The proceedings of this Court of Impeachment, so far as Republican Senators are concerned, is under the control of a caucus, where the majority dictates and compels the minority to obey. There are many Senators who disapprove what is being done, but who dare not disobey the dictation of the caucuses, for fear of losing caste in their party, of which they are so often reminded. This is also true of other officials, and of many individuals who dare not do what they think right for fear of losing the confidence of their party.

The history of the times presents some strange anomalies. Jefferson Davis, who was at the head of the secession govern

ment, was arrested nearly three years ago and is not yet tried, the Republican court and district-attorney concurring in all the postponements that have occurred, and one Republican, at least, becoming his bail. Mr. Johnson's trial is hurried on before the Court of Impeachment with indecent haste, by a party vote, not allowing him and his counsel time to prepare his defence. The crime charged against Mr. Davis is, that he believed the secession States were legally out of the Union, and he tried to keep them out, and thus committed treason. Mr. Johnson's crime is, in substance and effect, that he believes they were not legally out of the Union, and he seeks to restore and keep them in, and for this he is, in substance and effect, impeached. The Republicans have ceased to denounce Mr. Davis, and heap curses mountains high upon Mr. Johnson for seeking to do what we fought for, to restore the Union. Such are the inconsistencies of Republicanism.

ACTUAL TRIAL.-The managers on the part of the House so conducted the trial as to disgust the honest men of the country. They scarcely discussed the issues at all, but gave over a hundred columns in the newspapers of bitter rant against the President, having nothing to do with the matters charged in the articles of impeachment. They made it clear that the object was to get rid of him, without reference to the charges they had presented. At their instance, the Senate excluded the evidence of the President's good intentions. They were answered by the President's counsel in a calm, dignified, forcible, and conclusive manner. They left no question of doubt open.

The Republican press and politicians came to the assistance of the managers, seeking to induce the Senate to convict at all hazards. The following from the New-York Tribune is a fair specimen of their efforts. It was aimed at Senator Fessenden:

"To vote in favor of impeachment is merely to repeat votes that have been given a hundred times. If it were wise to assail Mr. Johnson for his policy, it is just to punish him. His impeachment is the logical consequence of Republicanism, and no Republican can vote against it without making himself infamous. The only alternative is IMPEACHMENT OR INFAMY. If Johnson is acquitted, then the whole course of these men is a LIE, and their