History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868Ross, Edmund G. (Edmund Gibson)
History
History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868
Ross, Edmund G. (Edmund Gibson)
Johnson, Andrew, 1808-1875 -- Impeachment
Without doubt, many of these votes on the admissibility of testimony
were governed by, the usual rules prevailing in the courts, but it was
deemed by others that every question not manifestly frivolous, or not
pertinent, should be permitted answer without objection, regardless of
such rules--that the Senate sitting for the trial of an Impeachment
of the President of the United States--the occasion a great State
Trial--should not be trammeled or belittled by the technicalities common
to ordinary court practice--that the Senate was composed supposedly of
gentlemen and lawyers of high standing in their profession and familiar
with public affairs and public law--that they were sitting in a
semi-judicial capacity--not merely as Senators or jurors, but, judges
also--judges of fact as well as of law--and constituted the highest
trial body known to our laws--a tribunal from which there was no
appeal--that each of its members had taken a solemn oath to "do
impartial justice" in this cause, absolutely unswerved by partisan or
personal considerations, and that as such each member had not only
the right, but it was his duty under his oath, as well, to hermit no
obstacle or condition to unnecessarily keep from him a knowledge of all
available facts pertinent to the cause, no matter on which side they
might weigh--to help or to hurt. That the body, each member for himself,
was the proper party to determine the admissibility of testimony, as
Mr. Manager Boutwell had declared in his opening argument, "AFTER HE HAD
HEARD IT," and knew its trend an purport. Every member of that body had
the right to know all the witness knew about the case, and, moreover,
the witnesses were brought for the purpose, and for the sole purpose, of
telling what they knew.
The same assurance of absolute fairness as that of Mr. Boutwell, was
also given by Mr. Bingham, another of the Managers of the Prosecution on
the part of the House, in his opening plea before the Senate: "It is,"
said he, "certainly very competent for the Senate, as it is competent
for any court of justice in the trial of cases where questions of doubt
arise, to HEAR THE EVIDENCE, and, where they themselves are the judges
of both the law and the fact, to DISMISS SO MUCH OF IT AS THEY MAY FIND
INCOMPETENT, if any of it be incompetent. * * * Under the Plea of Not
Guilty, as provided in the rules, every conceivable defense that
the accused party could make to the Articles here preferred, can be
admitted."
Mr. Manager Butler also said, on the same occasion: "Upon this so great
trial, I pray let us not belittle ourselves with the analyses of
the common law courts, or the criminal courts, because nothing is so
dangerous to mislead us."
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