/ //^r SPEECH OF GENERAL BUTLER, Against farther dtlays in the Trial of Impeachment in the Senate sitting on the Trial of Andrew Johnson, President of the United States, Thursday, April \Q, 18G8, lu/iicA was doiominated hy Mr. Evarts, one of the Presidents Counsel, and by Mr. Doo- little, of Wisconsin, a "harangue f^ together with the tables of the Sales of Gold and Purchase of Seven-thirty Notes, which were referred to but not read. Mr. Manager BUTLER. Mr. President, I hope upon this movement for delay the Presi- dent's counsel will be called upon to go on with the'ir case, and I have only to put to them the exact word which the President's counsel, Messrs. Cox and Merrick, used in the case of General Thomas before the criminal court of this District, according to Merrick's testimony. It is always ungracious to object to delay asked because of the sickness of counsel. We should be glad to have Mr. Stanbery here, but these gentlemen present can try this case. There are four of them. When a motion to post- pone the case of Thomas before Chief Justice .Cartter was made because of the sickness of Mr. Carpenter, for a single day, the Presi- dent's counsel, arguing his case, trying his case before the court said, "No; a case involving so much of public administration cannot wait for the sickness of counsel." " I thank thee, Jew, for teaching me that word." The Presi- dent's counsel there well told us what we here ought to do. In the case of Mr. Thomas the President could not wait for sick men or sick women. The case must go through. We can- not wait now, on the same ground, for the sickness of the learned Attorney General ; and why should we? Why should not this respond- ent be called upon now to go on? We have been here thirty-three working days since the President actually filed his answer, and we, the Managers, have used but six days of them, and the counsel but part of seven. Twenty-one of them have been given to delays on motion of the President, and there have been four ad- journments on the days we have worked earlier than the usual time of adjournment, in order to accommodate the President. Now, the whole legislation of this country is being stopped ; the House of Representatives has to be, day by day, here at your bar. The taxes of the country cannot be revised because this trial is in the way. The appropriations for carrying on the Government cannot be passed because this trial is in the way. Nothing can be done, and the whole country waits upon us and our action, and it is not time now for the exhibitions of courtesy. Larger, higher, greater interests are at stake than such questions of ceremony. Far be it from me not to desire to be courteous, and not to desire that we should have our absent and sick friend here to take part with us ; but the interests of the people are greater than the interests of any one individual. Gentlemen of the Senate, this is the clos- ing up of a war wherein three hundred thou- sund men laid down their lives to save the coun- try. In one duy we sacrificed them by tens and twenties of thousands on the field of battle, and shall the country wait now in its march to safety because of the sickness of one man and pause for an indefinite time, because the duration of sickness is always indefinite ? More than that, I have here in my hand tes- timony of what is going on this day and this hour in the South. Mr. CURTIS. We object to the introduc- tion of any testimony. Mr. EVARTS. We object to the relevancy of it here. Mr. Manager BUTLER. The relevancy of it is this, that while we are waiting for the Attorney General to get well, and you are asked to delay this trial for that reason, numbers of our fellow-citizens are being murdered day by day. There is not a man here who does not know that the moment justice is done on this great criminal these murders will cease. Mr. CURTIS rose. Mr. Manager BUTLER. I cannot be inter- rupted. This is the great fact which stands here before us, and we are asked " Why stand ye here idle?" by every true man in the coun- try. Mr. Chief Justice, in Alabama your register of bankruptcy, appointed by yourself. General Spencer, of Tuscaloosa, is driven to- day from his duties and his home by the Ku- Klux-Klan, upon fear of his life, and I have the evidence of it lying on our table; and shall we here delay this trial any longer, under our responsibility to our countrymen, to our consciences, and to our God, because of a question of courtesy? While we are being cour- teous the true Union men of the South are being murdered, and on our heads and on our skirts is their blood, if we remain any longer idle. Again, sir, since you have begun this trial — I hold the sworn evidence of what I say in my hand — since the 20th day of February last I and up to the 4th day of this present April — and no gold had been sold by the Treasury priortothattimesince December 12— §10,800,- 000 of your gold has been sold at a sacrifice to your Treasury, and by whom? More than ©ne- halfofit, S5,G0O,OO0, by one McGinnis, whom the Senate would not permit to hold office, and over ten thousand dollars in currency, of which 1 have the official evidence here, under the sworn oath of the Assistant Treasurer at New York, has been paid to him, after the Senate had refused to have him hold any office and bad rejected him as a minister to Sweden. He now takes charge of the sale of your gold by order of the Executive, as a broker, and we are to wait day in and day out while he puts into his pocket, from the Treasury of the country, money by the thousands, because this gold is sold from one and one eighth per cent, fo three per cent, lower than the market rates at differ- ent dates, as taken from the best tables. The commissions alone amount to what I have said, supposing the gold to be sold honestly by this rejected diplomat. Worse still, sir ; I have here from the same source the fact that since the 1st day of Janu- ary last there have been bought in the city of New York alone, on behalf of the Treasury, $27,058,100 of the bonds of the United States, by men who return them from three eighths, one half, five eighths to three quarters above the market price, and since February 20, $14,181,000 worth. Mr. Manager LOGAN. Below. Mr. Manager BUTLER. No ; I mean what I say, above. I never make mistakes in such matters. I know what I say. From the 3d of January to the 28th of January, by such pur- chases, the price of bonds was run up and the people were made to pay that difference — run up from one hundred and four and three quarters to one hundred and eight per cent., and still the purchases went on, and they have gone on from January 1 down to the 4lh of April, ■when the Managers of impeachment on the part of the House of Representatives felt it their duty to take this testimony of the Assist- ant Treasurer at New York under oath, and the result of it I here lay in detail before jou : Sales of Gold from Januarj 1, 18G8, to April 4, 18G8, indusioe. Date. By whom sold. February 20. 18G8.. February 21, 1803.. February 21, 18G3... February 21, 180S... February 21, 1808... February 21. 18153... February 2(5. 1SG8... February 2(5, 18GS... February 26. 1863... March 10. 1868 March 11. 1368 Marcl' 12, 1863 March 14, 1308 March 14, 1863 March 14. 1868 March 16, 1863 Marcli 16, 1863 March 16, 1863 March 16, 1863. March 16, 1868 March 16. 1863 March 18. 1868 March 13. 1368 March 18, 1863 March 19, 1868 Mnrch 19, 1863 ' March 19, 1863 March 19, 1868 March 19, 1868 March 19, 1863 March 20, 1868 Marcii 20, 1868 March 20, 1868 March 20, 1868 M-arcb 20, 1863 March 21,1863 March 21,1863 March 21. 1858 March 21, 1863 March 21, 1863 March 21, 1368 March 23. 1808 March 23,1863, Jay Cooke & Co P. M. Meyers k. Co P. M. Meyers & Co P. M. Meyers & Co P. M. Meyers & Co p. M. Meyers * Co P. M. jMcycis & Co P. M. Meyers & Co P. M. Meyers & Co McOinnis Brothers & Smith.. P. M. Meyers & Co McGiniiis Brothers & Smith.. P. M. Meyers & Co McGinuis Brothers & Smith.. McGiunis Brothers o,ooo 12.100 50.000 300.000 300, OUO 100,000 105r 1051 105} 105J- 105J 105* 105J 105J 50,000 50,000 15,000 67,000 250.000 300,000 300,000 105J I05»i 1051- 105.^ 105^ 105^ 105J 105i 105^ 105J- 1051- 105* 105* 105J 1051 10.5 J 105f 40,000 105J 50,000 25,000 100,000 105J 105 J 105* A„ -^o' T Brought forward. Ip"-! 2 J.L.Brownell&Co ^P"-.' 2 Stone & Downer 4Pr! 3 Vermilye A Co. 4P'"} 3 Jay Cook & Co.. Ij""? 3 Lockwood & Co f''^\?, Newton Russell & Co 4'"} 3 Howes A Macy Apr} 3 Fisk & Hatch. 4!"'! 3 Central National B'''k.. 4p'-! 3 Hatch, Foote & Co.... ^PH 3 Baker & Kitchen.. ^Pr.' 3 Rodman. Fisk & Co April 4 Rodman. Fisk ct Co April 4 Ninth National B'k «25,443,600 50.000 55,000 250,000 300.000 660,000 25,000 5,000 250,000 10,000 25,000 34,000 35,000 25,000 50,000 105J 1051 105 J 105* 105* 105* 105* 105* 105* 105? 105* 10.5* 105* 105* >,443,600 Office of Asslst.^nt Treasurke United States New loRK, ^pri^e, 1868. estates. U. H. VAN DYCK. Assistant Treasurer. [N-QTE.— By looking at the table of the pur- chase of bonds it will be seen that from Jan- uary 11 to the 21st inclusive, by buying up its own notes and thus running up the premium, the Government lost $65,700 03 on $3,503,500, In thus buying in the seven-thirty notes, which should not have been done at all, the Govern- ment lost $170,795 62 in ten days. Again, McGinnis swung round the circle with Johnson and was nominated as minister to Sweden, and rejected by the Senate July 26, 1867. On the 12th of August, 1867, he set up a broker's shop in New York, and was intrusted by the Treasury with sales of Gov- ernment gold.] These tables are from the sworn testimony of H. H. Van Dyck, given before the Managers and certified by him. Now, I say, for the safety of the finances of the people, for the progress of the legi.sIation of the people, for the safety of the tnie and loyal men, black and white, in the Soutli who have periled their lives for four years; yea, five years ; yea, six years; yea, seven years, in your behalf, for the good of the country, for all that is dear to any man and patriot, I pn^y let this trial proceed; let us come to a de- termination of this issue. If the President of the United States goes free and acquit, then the country must deal with that state of facts as it arises; but if he, as the House of Repre- sentatives instructs me, and o,s 1 believe, is guilty; if on his head rests the responsibility; if from his policy, from his obstruction of the peace of the country, all this corruption and all these murders come, in the name of Heaven let us have an end of them and see to it that we can sit at least four hours a day to attend to this the great business of the people. Sir, it may be supposed here that i am mis- taken as to time wasted ; but let us see ; let me give you day and date. The articles of im- peachment were presented on March 4, and the summons was returnable March 13, at which time the President, by its terms, was requested to answer. Delay was given, on his application for forty days, to the 23d — ten days, then the answer was filed, and a motion was made for thirty days' delay, which failed. Then a motion for a reasonable time after replication was filed, which was done on the 24th. Time was given, on this motion of the President's counsel, until the 30th — six days. On that day the Managers opened their case, and proceeded without delay with their evidence till April 4 — six days. Then, at the request of President's counsel, we adjourned to April 9 — five days. Mr. Curtis opened a part of a day, and asked for an adjournment till the 10th, wherein we lost half a day. They continued putting in evi- dence till the 11th (12th being Sunday) and 13th. Because of sickness, adjourned again over till Wednesday, 14th. Wednesday ad- journed early, because counsel could go no further. Thursday, now another motion to adjourn, because counsel cannot go on. Thirty- four days since the President filed his answer; six days used by the Managers in patting in thtif case; parts of seven used by the counsel for the President, and twenty-one given as delay to the President on his motion. I do not speak of all this to complain of the Senate, but only that you and the country may see exactly how courteous and how kind you have been to the criminal and to his counsel. Yielding to the request of the counsel who opened you lost half a day. Then the open- ing consumed parts of two days. On the next day they said they were not quite ready to go through with General Sherman, and you again adjourned earlier than usual. Then we lost almost all of Monday in discussing the questions which were thereupon raised. We adjourned early on Monday, as you remember, and on the next day there was an adjournment almost im- mediately after the Senate met, because of the learned Attorney General. Now, all we ask is that this case may go on. If it be said that we are hard in our demands that this trial go on, let me contrast for a moment this case with a great State trial in England, at which were present Lord Chief Justice Eyre, Lord Chief Baron McDonald, Baron Hotham, Mr. Justice BuUer, Sir Nash Grose, Mr. Justice Lawrence, and others of her majesty's judges in the trial of Thomas Hardy for treason. There the court sat from nine o'clock in the morning until one o'clock at night, and they thus sat there from Tuesday until Friday night at one o'clock, and then, when Mr. Erskine, afterward Lord Chancellor Erskine, asked of that court that they would not come in so early by an hour the next day because he was unwell and wanted time, the court after argument refused it, and would not give him eventhathour in which to reflect upon his opening which he was to make, and which occupied nine hours in its delivery, until the jury asked it, and then they gave him but a single hour, although he said upon his honor to the court that every night he had not got to his house until between two and three o'clock in the morning, and he was regularly in court at nine o'clock on the following morning. That is the way cases of great consequence are tried in England. That is the way other • 'i courts sit. 1 am not complaining here, Sena- tors, understand me. I am only contrasting the delays given, the kindnesses shown, the courtesies extended in this greatest of all cases, and where the greatest interests are at stake, compared with every other case ever tried elsewhere. The Managers are ready. We have been ready ; at all hazards and sacri- fices we would be ready. We only ask that now the counsel for the President shall be likewise ready, and go on without these in- terminable delays with which, when the House began this impeachment, the friends of the President there rose up and threatened. You will find such threats in the Globe. Mr. James Brooks, of New York, said, in substance, *'You can go on with your impeachment, but I warn you that we will make you go through all the forms, and if you go through all the forms we will keep it going until the end of Mr. Johnson's term, and it will be fruitless." Having thus threatened j'ou, Senators, I had supposed that you would not allow the threat to be carried out, as it is attempted to be car- ried out, by these continued delays. Mr. President and Senators, I have thus given you the reasons pressing upon my mind why this delay should not be had ; and I admit I have done it with considerable warmth, be- cause I feel warmly. I open no mail of mine that I do not take up an account from the South of some murder or worse, of some friend of the country. I want these things to stop. Many a man whom I have known stand- ing by my side for the Union I can hear of now only as laid in the cold grave by the assassin's hand. This has stirred my feelings, I admit. The loss of my friends, the loss to the countryof those who have stood by it, has, perhaps, very much stirred my heart, so that I have not been able with that coolness with which judicial proceedings should be car- ried on to address you upon this agonizing tojjic. I say nothing of the threats of assassin- ation made every hour and upon every occa- sion, even when objection to testimony is made by the Managers. I say nothing of the threats made against the lives of the great officers of the Senate and against the Managers. We are all safe. There is an old Scotch proverb in our favor: " The threatened dog aye lives the longest." We have not the slightest fear of these cowardly menaces ; but all these threats, these unseemly libels on our form of government will go away when this man goes out of the White House. Printed at the Congressional Globe Office. 9 909 98L £10 «;<;q>(iMni ^n xxHNnn LIBRARY OF CONGRESS 013 785 608 6 * \