The New York Herald Newspaper, March 1, 1868, Page 3

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WASHINGTON The Articles of Impeachment Against the President. Debate on the Charges in the House of Representatives. Consideration of the Rules of Procedure for the Trial in the Senate. Probable Suspension of Official Busi- ness Between the Senate and President. THE IMPEACHMENT. QUESTION. Probable Suspension of Official Business Between the Senate and President John- basal _ Wasurvatox, Feb, 29, 1863, ‘Tt ws stated that the Senate, at the first opportunity, will go into executive session to consider the pro- priety of holding no communication with the Presi- dent until his trial is decided. The temper of that Body has already been shown in the numerous Instances at have occurred where nominations have been Bent ‘and rejected without scarcely any consideration, aad in the many bills that have been passed over the Prestiont’s velo. There is sufficient reason for conclud- Mg thatif there is any feasible way of transacting the Business of the government without the aid of the Executive ap attempt will be made to nullify, to all intents aad purposes, the power of tho President during ‘ae remainder of bis term, Cancus ot Republican Members of Congress— Selection of Managers to Conduct the Pree ceedings Before the Sennte, ‘The republican members of Congress held a caucus to- might at the Capitol, Mr. Poland in the ghair, and Mr, ‘Van Horn, of New York, secretary. There were about maveniy members present, ‘he only business trans- acted, and for which the caucus waa expressly called, was the selection of managers on the part of the House to conduct the impeachment proceedings before the Sonate. Tho following managers were elected by Dailot:—Mossrs. Stevens, of Pennsylvania; Butler, of 8; Bingham, of Oi10; Boutwell, of Massa- 2; Wilson, of Iowa; Williams, of Pennsylvania, and Logan, of Illinois, About forty members have entered their names with Me Speaker as candidates for the floor on the discassion @n the impeachment articles, Ihe debate wil accord. Sagly occupy ten hours, each speaker being limited by ‘tho rules to fifteen minutes, ‘The vote on the articles will be taken on Monday at foer o'clock. THE FORTIETH CONGRESS. Sccoud Session, SENATE. Wasntycton, Feb. 29, 1868, MEMORIAIS AND PETITIONS. ‘The Cnare laid before tho Senate memorials from the Legislature of the Siaic of Missouri asking aid to re- pair the Icvees of the Mississippi river, which was refor- Ped to the Commitieo on Commerce. Mr. Nyg, (rep.) of Novada, presented a petition of @aptain R. W. Meade, of the United States Navy, to be Bail ‘on she active list, which was referred to the Com- ioe . on Naval Affairs, ‘THE GOVERNOR OF TAO AND HIS BALARY. «Mr, Nye offered a resolution inquiring cf the Secretary ef tho Treasury for what reason the salary of the Gov- ernor of Idaho is withheld, which was adapted. PEROPOLED ABOLISION OF THE OFFICE OF ADJUTANT GENERAL ‘ (OP THE AKMY, ‘Mr, Tnarer, (rep.} of Neb., introduced a bill to abolish fo office of Adjutant General of the Army, which was Seferred to the Committee on Military Affairs, UNITRO STATES COURTS IN TERRITORIRG, Mr. Craaty, (rep.) of N. H., introduced a bill to pro~ wide for the Lolding of United States courts in Terri- tarics of the United States, which was referred to the @owmitteo on Territories, Consideration of the Impeachment Repert. On motion of Mr, Howanp, (rep.) of Mich, the enate proceeded to the consideration of the report of the select committee of seven in respect to impeachment, The question was stated to be on the adoption of the rales. ‘Mr, Jonsson, (dem.) of Md., moved that action be taken on each article separately, saying that Senators might concur in some aud object to others. Mr, Davis, (dem.) of Ky., moved to refer the report Wack to the committee, with the following instruc- ‘tlons:—That the constitution of the United States having e@ppointed the Senate to try all casea of impeachment, gad baving provided that the Senate be composed of we Sonators from each State, and the States of Vir- gipla, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Arkansas, Louisians, Florida and Texas Raving the right to elect two Senators, but not being re- presented on this floor, the Senate cannot therefore re- @elve itself into a High Court of Impeachment. Mr. Davis supposed that all would azreo that the States ro- ferred to are, and continued during the war to be, States fm the Union, and if so, he contended that they were en- tied to representation in the Senate whon it resolved teelf into a court of impeachment, It had been threat- ened to oxciude his own State fiom representation, Had ‘Congress power to deny Obio or Indiana representation? ‘and if 80, could the Senate resolve itself into a court of im- peachment, and in such a state of things cou'd a two-thirds Majority pronounce upon such question? He pre- mea Senators would admit that Congress had mo right to exclude States that had never beoa fm rebeliion from representation, If it were @therwiso tho majority of Congrosa would have power over all consiitutional questions, Under the @enstitution overy Stato m the Union had aright to be Teprescated in the Senate, and its represent: s had a Fight to be component paris of any court of impeach. Ment Without this there was no safety for the tenure Of the President orany officer of the government, If ‘that principle were conceded, was it not proposed to Wiolate it on the present occasion? Was not Virginia a Btate in the Union? In the early part of 1861 she was Fepresonted here, and Johnson sat throughout that ses- Siow #3 2 Nenator from Tennessec, His friends, Senator Willey and Senator Carlisle, appoared at tho session ommencing in December, 1861, with credentials from Virginia, Tho Senator from Delaware (Mr, Sauisbury) ‘bjected to their admission on the ground that their ere- @entiais wero not signed by the truo Governor of Virginia, but the Senate voted to receive them, ‘end they were admitted, Senator Willey remaining asa Fepresentative of Virginia until the creation of West Virginia into a State, and Mr. Carlisio served until tae expiration of his term, while the term of Mr. Bowdoin Weuld not have expired until long after; and long after Virginia seceded from three to five representatives gerved in the House, Mr. Clements and Mr. Maynard, from ‘Tennessee, too, were received by tho House of Kep- Feseniatives in 1861, and ser’ Members (rom Lousiana—Messrs. Hahn and Fiat ‘Were admitted in 1865, anit served out their terms, Mr. Bararp, (dew.) of Del., thought that the Senate had no authority as a logisiative body to decide upon its jction ag a court of impeachment, When the ques- camo before them asa court he should express his He bad considered that question, and hed arrived at adifferent conclusion. Suppose there ‘were bot thirty Senators present, and they appointed a oommittes to prepare rules, would it not be competent to instruct them to report that the Se: ‘thus consti- ‘Mated had no power to form themselves into court of impeachment? He thought, therefore, that the motion ‘was properly made now. It was a Senatorial question, Bot one for the Court of Impeachment to deci Had the ten exciuded States, he went on to say, never re- Welled conld Congress exclude ten other Ly! then Tesoive itself into a court of impeachment? He thought hot, When arebellious State submitted to the laws fhe claimed that it was as much in the ion in the rebel- as if it had never taken part tion, Virginia had bad a representative in tho Senate ever since the rebellion commenced. Hi uoted the cace of Luther vs. Borden to show that whet nators and Representatives from a State are admitted, tbe State is thus recognized as being a State in the Union and republican in form by the proper constitw onal authority. He thought that settied the question Qs to Virginia and Tennewsee ; and as representatives Were admiited from Loursiana, he thought that con- Alosive that both Houres had recognized Louisiana also, NEW YORK HERALD, SUNDAY, MARCH 1, 1868,—TRIPLE SHEET. He held that they could not legally or constitutionally reverse that precedent, Congress had fo regard to the rebel States, and the Senate had confirmed the revenue and m them, The Supreme Court permitted cases brought to that court from those States beiore the rebellion to b@docketed since for twial, Here wasa distinct and frequent recogpition by all the departments of the government that they were ‘States in the Union, A constitational amendmeat was submitted to them, and the proper authorities pro- claimed that it had Deea adopted by the requisite num- ber of States, counting them in the necessary two- thirds, He concluded by referring to Vattel’s definition of the status of a rebellious State when conquered, bolding that by the principle of post amine the sove- reignty of the former governing power was only sus- pended during the rebellion aad was resumed at its close, and it was obliged to reinsiate them to their former relations with it, Mr. Mortoy, (rep.) of Ind., said the presonce of the Senator bere was a protest against his argu- meat If he (Mr, Morton) held such ag opiniol he would feel it his duty to decline recei' ing his 'y and mileage. If the Senate was em- powered to pass @ bill it could resolve itself into a court of impeachment, The constitution did not require two Senators to be present from each State, but required a vote of two-thirds of those present, The Senator ignored the fact that there bad been a rebellion and all tne con- sequences towing trom it. These Statos having destroyed their State organizations had themselves rendered their representation impossible, ir, Davis said it required a majority to do any busl- ness, His position was that apy number could meet and adjourn from day to day. The precedents. wero fully gone into by Senators Foote and Foster somo yeara ago, who had clearly shown that less than a majority of the whole number of both housea could not constitute a quorum to do business, ‘It was not necessary tor him pow to go into that ques tion, He repeated his views, claiming that the south Was now'toyal in its obedience to the constitution of the United States, They had committed great crimes, but they were amenable only to the laws, not to any action of Congress any more than other criminals, He believed it to be one of the most essential principles of the constitution that they were entitled to represent. ation, and that the Senate should adjourn from time to time, until a majority of those entitied to, seats were present, Mr. Jonson said that whether the rebellious States were entitled to representation here was a question upon which he differed from the majority, who, however, had decided that they were not, and he considered that all should submit to that decision, Congress having passed laws in regard to those States recognized as valid by all departments of the government, Tne Senater from Kentucky (Mr. Davis) claimed that it was necessary that a majority of all the Senators who would be here if all the — were represented; was necessary to constitute a court, Mr. Davrs said his position was that a majority of all the Senators elected was requisite. Mr. Jounsox asked who was to judge what Senators were properly elected? The fifth section of the first = icle of the constitution gave the power to each louse. Mr. Davis asked whether the judgment had not been against the eleven States iu question, and not against Persons elected by them ? ‘Mr. Jounsoy said if the Senate could pronounce upon the right of a person applying for admission 1t couid re. fuse to admit him, because he was sent by @ body that had no authority to send a Senator. He understood tho requirement to be that a quorum of those decided by the Senate to be properly elected should be present on thejoccasion referred to by the Senator. When Foster and Foote took the contrary view the Sen- fate decided that question by a large majority. If the Senator’s position was correct, everything doug by Congress since the rebellion terminated was void, and the Supreme Court and the President had misun- derstood their dutes, If, when they had organized themselves into a court of impeachment, the President or his counsel should demur to their jurisdiciion on this ground, and if, after afyumont by counsel, he should cliange bis opinion, he would not hesitate to say s0, At present he tuought they were a Senate, aud as such authorized to lay the question of impeachment. Mr. Epmoxps, (rep) of Vt,called for the yeas and nays on the motion of Mr, Davis, and it was iost, Messre, Davis and McCreery only voting in tho atfirmative, Mr. Henpuicks, (dem. ) of ind., thought the committee had gone beyond the purpose of 1s appoiniment, He thought the Senate, as sucn, bad no right to prescribe Tules for its mode of proceeding during the trial. That was a question for the court itself. ‘these rules did not purport to be a law, Under the constitution Le thougut the Senate could not go go far, and ne moved to strike out tho twenty-first pal ph of the report, Mr, Pomeroy, (rep. Kansas, reminded the Senator that there bad been a proposition to consider the report section by section. Mr, Hexpricks simply wanted to get an expression of opinion on his point that the Seva:e had ‘no power, as such, to do anything that migbt be materiai on the trial, He thought that question should be tirst decided. Mr, SueRaax, (rep.) of Ohio, thought it obvious that the proposition of the Senator from Marylana should be adopted. No doubt the great body of the urticies would be adopted without question, Wea the point raised by the Senator was reached he would be glad to bear it dis- cussed, ‘The Secretary proceeded to read the articles to the fourth, when Mr, Morton raised the point that by the third and fourth articles th@ implication was made that the Senate changod ita cliaracter, aud was no longer tho Senate in becoming the Court of Impeachment, By the Constitution the Jenate was (o try this case, Mr. Jounsoy said they should adhere to the precedent established by former cases, which the present course followed, They were obliged to take an adaitional oath, ‘and would be really acourt while thus engaged, as they were a leg slative body while engaged in those duties, » Mr. SHERMAN supposed this was only a criticism of words, The characterof the Senaie would not thus be changed any more than when it was in committeo, Mr. Hexpwges quoted the words, ‘‘grand inquest of the nation,”’ #aid tpare was no such body; they were mere high sounding words, that made him fancy they were in the daye of Queen Elizabeth, very different from the simple language of the constitution. Mr. Epuunps poinied to the fact that the fathers of the constitution used these very words in such proceed- ings. ir. Henpaicxs merely referred to the language of the constitution on the subject, which he quoted. He thought that a court presided over by the Chiei Justice should make iis own rules for the impeachment of the President.» Mr. Eomunps said it would be time enough when the articles of impeachment were presented for ihe court to pronounce upon that question, The committe bad resented rules for the impeachment of any tuture resident, ihe purpose of the Senate was to resulve itself into a@ judicial capacity, not to a bill of attainder, The essential idea was to provide for putting va the robes of justice, divesting themsolves of all prejudice, and the commitiee bad tol- jowed the precedent of the fathers in calling ita “grand inquest of the nation.”” He thought no more appro- priate language could be found for their change of char- acter. Mr, CoNKLING, (rep.) ot N. Y., said if he agreed with tbo Senator as to their change of character as a court of Mu peach: it he would concur in the justice of the criti cisin of the Senator from Indiana (sir, Hendricks). He denied, however, that any such change took piace. ‘The cousti(ution said that the Sepate shail have the sole power to try impeachment, He referred to the cases of the im hment of Chase and Peck, and said that the seuate waa called the High Court of Impeacument as often be- fore the articles were presented as afterwards. He read from the journals of that timo, svowing that :hose ‘words were used ou the tile page of the journal, ana claiming that nowhere was it said the senate had resolved itself into a High Court of Impeachment, as Every day Jamation was mad would be in this cass. Wh ers addressing the Senate in of Judge Humpbreys those words, “Ihe Senate resvived wseif into a High Court of Impeachment,” appeared, wo far as he knew, for the first time. He argued that they remained the Senate then just a3 much as when ip executive session, and thought it material to decide this question lire. Mr. Howakp insisted that tho words simpiy meant that the Senate regolved itself from one branch of its daty to anoth Te was still the same body, just as much 89 fs when they were eneaged in deciding upon treaties, Ip all capacities they acted as tue Senate of the United States, Phrases were material, but he felt disposed to favor adhering to the turms tuat had come down from their fathers, ‘Mr, MORRILL, (rep.) Of Me., asked whether it would not be better to use the Words, ‘The Senate then pro- coeded to the consideration of apeachment.”” Mr. Howard saw no reason tor deparung from the formula, though the terms were precisely the Same ellect. . Mr. Cawenox, (rep.) of Pa,, thought it proper to use the words “high court.’ [t was a court with the highest functions known to the law. He would throw avout it ali possible solemnity, Messrs Epmunns, Congune and others discussed the question further, citing precedents, Mr. Conkiing stating Ahat all writs, &c., issued in every case down to 1562 had been made returnable to the Senate, not to the Senate in any particular capacity. Mr, Ferny, (rep.) of Conn., moved to strike out the word ‘high’? wherever it occurs befure the word “court,” Wr, Bavaro said the fact could not be ignored that they would be a court, exercising ail the functions of such, and the constitution contemplated the or. ganization, He cited the case of Blount, seustor trom Tennessee, where the journais said that the senate ‘was organized into & court, Mr. Fenny said bis object tp moving to strike out the word “high” wi imply to do away with the idea that in resolving themselves iato @ court they were a different body, which might obtain from use of that and ol nf exprossions, which ag Would move to strike out should this motion prevail. The amendment was iOst—15 to 21, The sixth article having been read, Mr. Sacisnuny, (dem.) of Del., moved tosirike the clause empower. ing the presiding officer of tho Court of Impeachment to call in the assistance of the army and navy to enforce its commands, claiming that the Senato had no power to ‘ive any such orders, and that they had no power to en- ‘such orders, which, therefore, would be a nullity. Mr. BockaLaw, (det) of po that they could not, jn making these ru " presidin, officer of the court power that he did ot otwermise pon seas, Their rules should be only rules of ordor, it were found necessary the court, when organized, could iaaue such orders, a ree IN Ea Se att power, which, 7 Figh¢ to de, and. tor which they had preotdents in the British Parliament, on which their usages wet founded, If tue court, when organized, found itself cramped by any rule now mado they could change it There was the more reason for this power when it had been given it by a distinguished teader that their orders and man- dates would be resisted. Mr, Wintrame, of. ying Fesisted that cou id cail upon the Fay comitatus to enforce it, But if the judgment of any court Cor the court could mot order requiring the military power in contem; ing future resisiance to do certain acts, There should be some iaw to empower the issue of such on order; but it mast be the result of legislation, not ao order of the Senate. ‘Mr, Sianman said the constitution had already pro- | of #1 Jided for tho enforcement of their judgment, and it was in the power of any court to enforce execution of ita in+ terlocutory orders. Mr. Howanp said the Senate was clothed with certain Powers under the constitution, which instrument not Providing the meaus for their execution, was it nota clear implication that they could enforce any ord necessary to carry out that duty? It the military an naval forces voiuntariy obeyed such an order nobody Would claim that they would thus act improperly, Mr, Joaxson concurred tn the opihion of the Senators from Delaware & Saulsbury) and Oregon (Mr. Wil- liams). If the Vice President, now acting as President, ‘was found guilty, the President of the senate, by the constituuon, became President, and was empoqecred to call out the army aud navy to maintain bimsolf as such under the constitution, the preseat Executive ceasing the moment he was found guilty. Mr. Howarp—Supposes he refuses to vacate ? Mr. Jounson said the coustitution empowered his successor to put him out by force, It was a subject of legislation, and the Supreme Court would bave a3 much Powor to enforce its judgments as the Senate to enforce theirs. He said the Senator from Obio (Mr, She Was mistaken in supposing ourt could enfor interlocutory orders. The resistance referred to by the Senator from Vermont (Mr, Edmunds) was never con- templaidd by the President, or anybody else, and the er contemplated, had never been given without islation, Mr. FRatincuvysry, (rep.) of N. J., thought it dan- erous to assuine any power not given to them by tue constitution or that was quostionablo, and he thought Son canme should keep itself withia its constitutional rights. a Xr, Epauxps also held that opinion, 01 The constitu- did not contain a code of rules, but whenever a power was granted the Supreme Court had decided that it contained all powers necessary Lo carry it out Mr, Freuycuvysey said the constitution directed otherwise in this case, empowering the Executive to call out the military to execate the laws, Mr, Epavxns—Is not he a part of the army? Mr, Freciscuvysex—Is ho a creature of the Senate ? Mr, Epmunps continued his argument, claiming that the Senaie could enforce its Judgment as well as its interlocutory orders. e Mr, Henpkicks asked what the Senator undorstood to be interlocutory orders ? Mr. Epaunps said the overruling, a motion to dismiss, fone @ witness in contempt for refusing to testify, C. Mr, Hevpxicxs denied thet they belonged to such de- scription, Mr. Suerman moved to strike out tho word ‘judg- ments.” Mr. Henpaicgs deprecated the use of such language in the present agitated condition of the country. Even had they this power, it waa unnecessary for any good Purpose, and was simply vicious Mr. TRUMuULL, (rep.) of thought tho old form Would be satisfactory to everybody. Why not strike out the whoie provision, and insert that ‘tue presiding ofticer shall also be authorized to direct the employment of the Marshai of the District of Columbia, or any other person, during the trial to discharge such duty as may be preserived for him?” Mr. Savisnory said they had no more power to direct the Marshal of the District of Columbia todo a thing than they had over the military, They were both out- side of the constitution, Mr, Grits, (rep.) of Iowa, said it was the duty of that officer, under existing laws, to obey the order of any court held in the District, wr. TRUMDULL said at (his time, when the whole coun- try was watching their action, he thought the wisest dopted nearly twenty 1y beoa had, arise in tho fature whey could make any rales necessary, and the whole world would say that the Senate was justi- fled. He would not now, however, put itinto a straight > jacket, Mr. Connuss asked whether the Senator meant to be uncerstood a3 doubting the authority of Congress in the premises? Mr. TrRuMNOLL was of the opinion that the Senate had all the authority necessary to adopt the requisite means to carry int» effect tis orders, The amendment of Mr, Sherman was agreed to, BuckaLnw suggested that: tho sixth rule was un- necessary, the fifth containing all the power that would be required. Ar. Conness claimed that the fifth could not take the Place of the sixth, After further discussion on the point) the amendment of Mr. Trambull was agreed to by the following vote: — Yeas—Messrs. Anthony, Bayard, Buckalew, Cole, Co bett, Davis, Dixon, Drake, Ferry, Fowi Harlan, Hendricks, Johnson, McCreery, » Koss, Sauisbury, ipton, ‘Trumbu iey'and Willitms—25. Nays—Messts. Conkling, Couness, Edmunds, Howard, Morgan, Morrill of Maine, Morrill bf Vi, Nye. Pomeroy, Ramsey, Sherman, Stewart, Sumuer, Thayer and Wilsoa— Mr, TrumavtL then moved to add a proviso authoriz- ing the -ergeant-at-Arins, under the direction of the presiding ollicer, to employ such assistance as may be necessary to entoree execution and carry into effect all the lawiul orders, &c. of the court, Mr, Drake, (rep) of “o., asked the Senator's leave first to offer another amendment, aud moved to strike out the remaining portion of tho siath section pravid- ing that the court shall nave power to compel the at- tendance of witnesses, Ac., saying that if that power was not inherent in the court they had no power to confer it Mr. Jonson moved tojadjourn at five o'clock, saying it was evident that these propositions would require time for consideration, The motion was lost—27 to 13, The question was stated to be on Mr, ‘rumbull’s amendment, Mr, Drake suggested that it would be better to vote on his amendment first and on this afterwards, but the question was pat on Mr, Trumbull’s amendment, and it was agreed to. ‘The question being on Mr. Drake's amendment, Mr. Drake asked the senator from Michigan (Mr. Howard) whether the court could exist as such without having every one of the powers enumeratedtt, Howarp said the Senate has power to establish rules for ite guidanoe when sittiug a3 a Court of Im- peachment, and that they should provide them befo ‘entering upon those duties, and he thought this was the time to do it, Mr. Buckatew asked whether, when they attempted to enumerate the powers of tho court, they did not cast a doubt on al! powers not evumerated? Alter furthér dis cussion, he said it was evideaty intended to force the rules through before an adjournment, when they should have reasouable time for consideration, Mr. Howaxp said the articies of impeachment would probably be reportod to the Seaate on Monda Mr, Henpricks spoke farther, again conuemning the committee for exceeding their power in reporting raies to govern the court, and moved to adjouro, which was Jost. Mr. Drako’s amendment was lost, The following was tho voto: Yeas—Mensrs. Buckalew, Davis, Drake, dricks, McUreery, Norton. bury, Sprague and Van Wink Navs—Messrs, Anthony, Cameron, Chandler, Cole, Conk- lng. Convers, Corbett, Edmunds, Frelinghuysen, Marian, Howard, Morgan, Morrill of Maine, Nye, Pomeroy, Ratnsey, Stewart, Sumner, Thayer, Tipton, Willey, Williams an Wilson—23, ‘Tho eighth article having been read, Mr. Bayarp said ‘under the article upon the failure of the accused to ap- Pear the court was empowered to cnter a piea of “Not gwity” for him, which #as a questionable authority. Tt should be materially changed. Mr, RucKALEW moved accordingly to insert the words “upon order’? after the word “fail."’ Messrs, Epaunps and Howaxp defended the provision, the lattor claiming that it could work no surprise to the Fowler, Hen- tterson of Tenn., Ross, Sauis- e—12, \¢ amendment was lost. dat, Hexpricks moved to insert the words “to pl answer or demur’’ after the word “fuil,” striking out ght the word “‘answer’’ covered the whole case. Mr. Hexpricks would withdraw the amondmont if that ‘was assumed to be the construction of the Senate. ‘The twelfth article baving been read, Mr, ScMver, (rep.) of Mass., called attention to the clause whi vides that on adjournment of the court tho Sen resume consideration of legislative and executive busi- ness, and supgested tue propriety of the Senate refrain- ing (rom intercourse with the President during tue trial insisting that they should give their uninterrupted attention to the grave duty devolving upon them. ile made no motion to awend, how and the ariicle was adopted without further progres On motion of Mr, Axti#oyy, at five minutes past six— it having become evident that when the twenty-first article was reacted a lengthy debate would ensuo—the Senate adjourned. ° HOUSE OF REPRESENTATIVES. Wasntvoros, Feb, 29, 1868. ‘Ps NEW JAM FOR THE DrsrRICT CY GOLUMMTA, The Houso resumed the consideration of the bui 2S? . ported by Mr. Covode, from the Committee on Public Buildings aud Grounds, in relation to the new jail for the District of Columbia, The report of the committeo was read at length, The bill declares pull and void the contracts made with W, H. Allen and othors for tho building of tho jail, and rejects the plans and specifica- tions made by E. Faxon, the architect, It appoints a Board of Commissioners to select another site, to procure new plans and specifications, and to let the contract after thirty days’ advertisomont for bids and proposals; ap- propriates $200,000 for tho total cost, and authorizes tho receiving of the iron work from Chas. A, Weidner, tho present contractor for the iron work, and requires the of the city of Washlagton to pay as uthoritios of Georgetown $12,000, Mr, INGERSOLL, (rep.) of Til, informed the House that the whole subject had been referred to a joint select cominittee of the two houses, and suggested that the matter be postponed for consultation between the two per authorit its proportion of Mr. Covom, ) of Pa, did not deem that neces- sary, as he had beon in conference with Senator Fessen- den, the chairman of the Joint Committee, who told him to go on with the subject and dispose of it Ho exprossed bis surprise that the gentioman from Iilinols (Mi Tagerepil) ‘would stand in the way bg Aree | the and tired in ini a, were it nurti iquity. Mr, Incengout. diectatmed ‘any such intention. On the ooutrary, ‘wished to prevent & conflict the two committees aud to agree upon the last bill. Mr. Wax! (rep. of Ohio, sustained Mr. Ingersoll’s ition. Ho it that by a litle conference & mig ht be which would save somo of the 14,000 already spent ‘Mr. Covops stated that nothing of that amount could be saved, Nine thousand dollars of it had been spent te ea cn andinay tio. Secretary of the Tuterior, and #8 accusat C interior, balance, it had been squandered on a foundation that was pot fit for a bara. ieee Copeue the bill, and stated reasons he thought his own proposition should prevail, ie ‘onn, (rep.) of Wis, a member of the Committee on Publi @ Bul ings and Grounds, sustained the action committee rting the bill before the House. Mr. Wainer &n amendment to enable the Board of Commissioners to select one of their own Dumber as supervsory architect, Mr, Joxgs, (dem.) of Ky., another member of the committee, said that while he acquiesced generally in the report, thery wero some reflections in it on the Secretary of the literior and others in which he did not conour. Mr, Covope said that in view of his colleague's sensitiveness he tad steered as clear of reflections upon oor body as the circumstances would permit bun to do, Mr, INGersou. desire the Committee on Public Buildings to take charze of the matier, instead of leaving it to @ board, but the amendment was notre- ceived. Mr, Welker’s amendment was thon agreed to and the bili passed, REMONSTRANCE soansr AN Law, ETC, Mr Kewurey, (tep.) of Pa, presented the petition of type founders aut printers of Philade|phia against the passage of @0 internotioual copyrigt bill, and Mr. O’NwiLt, (rep) of Pa., presented ihe petition of the leading printers of Philadelphia to the same effect, Also a petition o! the editors of the Philadelphia weekly newspapers claiming their rights, under the act of Con- gress of March 3, 1863, allowing publishers of weekly papers to seud eich actual subscriber within the county where tho paper is published oue copy free of postage, and showing tha; they are charged fifty-two conts per year for cach paper sentto a subseriber—this dis- crimination being confined to Philadoipiia, THE BRANCH MINT AT SAN FRANCISCO, Tho Sreaker presented a communication from the Secretary of the Treasury relative to the condition and management of the United States branch mint at San Francisco, Referred to the Committee au Coinage, TUE MISSISIPPI LEVEES. Mr, MeCorsick, (dem.) of Mo., prosented resolutions of the Missouri Legislature on the subject of levees. Re- ferred to the Committee on Freedinen's Affairs. ORT ON PRIVATS CLAIMS, ETC. The Sreaker proceeded to cal! tho, Committee of Claims for reports of a private charactor. Mr, Binanam, (rep.) of Ohio, reporied a substitute for the Senate bill ‘appropriating ‘$10,090 for Mrs. Elizabeth B, Anderson, wife of Major aud beir of the late General Duncangl. Mr. Sravipina, (rep.) of Owo, asked Mr. Bingham wheter the bill was predicated more on the distinguished services of General Anderson than on the merits of the ciajm ?* Mr, BINGHAM admitted that it was, Mr. Cons said that as a member of the Committee on Ciaims he did not concur ia the bill, Mr, Warp, (rep.) of N. Y., reported back the Senate bili for the relief of Joon H. Ellis, Paymaster in tho United States Hrmy, which was passed, Mr, Coss reported a joint resolution for the relief of Jobn M, Palmer, of Nashville, Tonn., relieving him from forfeitures ‘under a contract to furnish fifty-two mores coiling for deceased soldiers, &c., which was assed. Mr. Hotman, (dem.) of Ind., from the same committee, reported a bill allowing $4,419 to the credit of Goorge W. Lane, Superintendent of the branch mint at Denver, Colorado, beiag money stolen from the mint. Mr, ALLISON, (rep.) of Lowa, opposed the bill as estab- Ushing a very dangerous precedent. Mr. LawrsNce, (rep.) of Onio, also opposed it as at variance with the principles of the common law, Mr. Binauam supported the bill, arguing that it was in accordance with the principles of a ruling of the Su- preme Court. oir, LAWReNct exprossed bis belief that the ruling of the Supreme ‘‘ourt decided no such principle, Alter further @iscussion the bill was passed. Avticley of Impeachment Against President Johnsen, ‘At a quarter-past two o'clock Mr, Boutwers, chair. man of the clect committee on the subject, presented articles of impeachment against the President of the United States, which were thereupon read by tho Clerk, as follows: Articies exhibited by the Houso of Representatives of the United States, in the name of themselves and all the people of the United states, against Andrew Joha- son, President of the United States, as maintenance aud support of their impcachment against him for bigh crimes and misdemeauors in office. ARTICLE 1, —That said Andrew Johnson, Prosident of the United states, on the 2Ist day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, uwmindfui of the high duties of his office, of ‘his oath of office and of the requirement of the constita- ion that he should takg care that the laws be faithfully executed, did unlawfully, and in violation of the consti- tution and laws of the United Stateg, issue an order in writiag for tho removal of Edwin M. Stanton from the office of Secretary for tie Department of War, said Edwin M. Stanton having been therefor duly ap- pointed and commissioned, by and with the consent of the Senate of the United States, as such Secretary; and said Andrew Johnson, President of the United States, on the 12th day of August, in the year of our Lord 1867, and during the recess of the said Senate, having sus- pended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meoting of said Senate, on the 12th day of December, in the year of our Lord aforozaid, having reported to said Senate such suspension, with the evidence and reasons for his action in the caso, and the mame of the person designated to perform the duties of such office tempo- rarily until the next meeting of the Senate, and said Senate thereafterwards, on the 14th day of January, in year of onr Lord 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for gaid suspension, did refuse to concur in said suspen- ston, whereby and hy force of the provisions of an act entitled ‘An act regulaung tho tenure of certain civil oflices,”’ passed March 2, 1867, sald Edwin M. Stanton did forthwith resume the functions of his office, whereot the said Androw Johnson had then and thore due notice; and said Kalwin M, Stanton, by reasons of the premises, op said 21st day of Febraary, was lawfully entitled to hold said ofice of Secretary for the Department of War, which said order for the removal of said Edwin M. Stan- ton 1s in substance ag follows, Ubat is to say: Exvcurive MANston, Wasurxaron, De Cr Kobe Hh 1688, } Sin—By virtue of the power and authority vested in me as Prosideat vy the eonstitauioa aud jaws of the United Suvies, you are hereby removed from office as Secretary for Department of War, and your Tunctl ns us suck will Awe upon Tece.pt of this communication, You will er to Brevet Major General Lorenzo Thomas, Ad- Jotant General of the army, who bay this day becn au. Thorized and empowered to act as Secretary of War ad in- Grim, ali records, books, papers and other public property now in your custody and charge, Respectfully yours ANOIREW JOUN: To the Hon, Epwin M. Staxtos, Washington, D. C. Which order was unlawfully iasued, with intent then and there to violate the act entitied “An act regulating the tenure of certain civil offices,” passed March 2, 1867, and contrary to the provisions of eaid act, and in violation thereof, and contrary to tho provisions of the constitution of the United States, and without the ad- vice and consent of the Senate of tho United Siates, the said Senate then and there being in session, to remove said Edwin M. Stanton from tue oilice of secretary for the Department of War; whereby the sad Andrew Jobnson, President of the United =tates, did then and there commit and was guilty of a high misdemeaner in oflice, Anmicte 2,—That on tho said 21st day of February, in the year of our Lord 1868, at Washington, im the Die- trict of Columbia, said Andrew Johoson, President of the United States, anmindfal of the high duties of his Office, of his oath of office, apd in violation of the con- stitution of the United staies, and contrary to the pro- visions of au act entitled ‘An act regulating the teaure of certain civil oifices,”’ passed March 2, 1867, without the advice aud consent of the Seaate of the United States, said Senate tuen and there being in session, and without acthoriy of law, did appoint one Loreozy Thomas to be tecretary of War ad inerim by iseuing to said Lorenzo Thomas a letter of authority, in substance as follows, that 18 to eay : INTERNATIONAL COPYRIGHT Executive M. Wasnrxeron, D. C., Feb. Sin—The Hon, Edwin M, Stauton having been this day re- moved (rom office as Secretary for the Department of War, you are here! i and empowered to act as Secre- i tary of War vd interim, and will immediately enter upon the discharge of the dutiés pertalning to that ofice, | Mr. Stan- ton las been instructed to transfer to you all the records, books. papers and otter public, proverty now in his custody din charge. Respectfully you re, eee eapeckily YOST NDREW JOHNSON. To Brevet Major General Lorenzo Tuomas, Adjuiant Gen- eral United States Army, Washington, ». 0, Whereny said Andrew Jobnaou, President of tho Unite’ States, did then and there commit and was guilty lamcanor 1p oilice, ‘hat said vew Johnson, Prosident of Antics 3 ae aho United states, on the 2ist day 6; Fegruary, ia the year of our Lord 1868, Washington, inthe District of Columbia, did commit and was guilty of @ high misde- meanor in offico, in this:—Phat, without authority of law, whilo the Senate of the United States waa thon aud there in session, he did appoint ope Lorenzo Thomas to be “ecretary for the Dopartmeat of War ad interim, without the advice and consent of the Senate, and in violation of the constitation of the United States, no vacancy jhaving thappened in said office of Secretary for tho Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment so made by the said Andrew Jobneon of the said Lorenzo Thomas is in sub- stance as follows: — Exacetive Maxsion, } Wasminatox, D. C., Feb. 21, 1538 S—The Hon. Kawin M, Stancon having been this da} moved from office as Secratary for the Department of Wai ‘ou are hereby authorized and empowered to act as Secre: Yary of War a interim, and will Immediately enter upon the discharge of the duties pertaining to that office, Mr. stanton bee tme aad. oiker pubiig property now in his custody eu 8 wn r Bilige, espectfully, yours, ANDREW JOUNSU To Brevet Major General Lonexno Tuomas, Adjutant Geoe- ral United States Army, Washington, D, C. Anricts 4.—That said Andrew Johnson, President of the United States, unmiadful of the hig! ties of his office and’ of his oath of office, in violation of the con- stutation and laws of the United 51 on the Zist day of , im the year of our Lord 1868, Washin, ia District of Columbia, did unlawtully conspire one Lorenzo Thomas, aud wi sons to the House of Representativ: intent by intimidation and threats to Edwin 5 and Department of War, ly appointed the United States, from ing said office of Secretary for the Department of War, contrary to and in violation of the constitution of the United States vistons of an act entitied “An act to di certain conspiractes,’’ roved July 31, 186 said Andrew Johnson, President of the United Siates, id thi vend there commit and was guilty of a big! co, cum 6,—That the said Andrew Johnso 0 United States, unmindful of the h office and of his oath of office, on the 2ist Fobruary, in the year of our Lord 1863, ana on re other days and times im said year hefora the said 28th y of February, at Washingtea, in the District of Co- aie did untawfuliy conspire with one Lorenzo jomas, and with other persons to the House of Rep- resentatives unknown, by jorce, to prevent and higder the execution of an actentitied “An act regulating the tenure of certain civil officers,” passed Marcu 2, 1867, and in pursuance of said conspiracy did attempt to pre- vent Edwin M, Stanton, then and there Deing Secretary t ‘he Department ot War, duly appointed and com- missioned under the laws of the United States, from holding said otfico, whereby the suid Andrew Johnson, President of the United States, did tien aad there coin: mit and was guilty of a bigh misdemoanor in office. AxricLs 6.—That said Audrew Jonuson, President of the United States, unmindful of tho duties of bis bigh ottice and of his oath of otllce, on the 2ist day of Feb- ruary, in tho year of our Lord 184%, as Washington, in the District of Columbia, did unlawfully conspire with ‘one Lorenzo Thomas by force to seize and take poases- sion of property of the United States in the War Do- partment, contrary to the provisious of an act entitled “An act to define and punish certain conspirac) apy proved July 31, 1861, and wit intent to violate and disregard an act entitled “An act regulating the tenure of certain civil offices,” passed March 2, 1867; whereby said Andrew Johnson, President of the Uuited States, did then and there commit a hign crime in oillce, AxvicLs 7,—That said Audrow Johnson, President of the United States, unmindful of tho bigh duties of bis oflico and of his oath of office, on the 2ist day of Feb- Tuary, in the year of our Lord 1868, and on divers other days in said year before the 28th day of said February, at Washington, in the District of Colimbia, did unlaw- fully coaspire with one Lorenzo Thomas to prevent and hinder the execution of an act of tho United states entitied “An act regulating the tenure of ceriain civil oitices,”” passed March 2, 1867, and in pursuance of said couspiracy did unlawiully attempt to preveat Kdwia M, Stanton, then and there being Secretary for the Depari- ment of War, under toe laws of the United States, from holding gaid office, to whica he had been duly appointed and commissioned; whereby said Andrew Johnson, President of the United States, did tion and there com- coinmit and was guilty of high misdemeanor in olllce. Axnicie 8,—That said Andrew Johnson, President of the United States, unmindtul of the high duties of his oitics and of his oatn of oillce, ou tue 2ist day of February, in the year of our Lord 1863, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas to selzo and take possession of the property of the United States in the War Depart- moat, with tuient to violate and disregard the act en- Mtled “An act regulating the tenure of certain civil cillees,”” passed March 2, 1867, whereby said Andrew Johnson, President of the United States, did then and there commit high misdemeanor in oft AnncL# 9,--Lhat said Andrew Johnson, President of the United States, unmindful of the higu duties of his office and of his oath of ollice, with intent uulawfaliy to control the disbursement of the moneys appropriated for tho military service and for the Depariment of War, on the 2ist day of February, in the year of our Lord 1863, at Washington, in the District of Columbia, did unlawfully und contrary \o the provisions of an act eutijled “An act regulating the tenure of certain civil oillces,” passed Marca 2, 1867, aud in violation of ihe constitution of the United States, and without the ad- vice and consent of the Senate of the United States, aad while the aie was then and thero in session, there being uo vacaucy in tho oliive of secretary for the Department of War, appoint Loreuco thomas Secretary o: War ad inter, aod then and there deliver to said Lorenzo Thomas a leiter of authority in writing in sub- Stance as follows, buat 1 Lo say :— ia} Wasminaros, V. Sin—The Hon. Edwin M. Stauton hiv been this day removed from oifice a# Secreiury tor the L oF ou ace herevy. authorized “and or and wi r ties pertaining to taut ollic er two you ull tha erty now in his AN JONSON, To Brevet Major General Lorexzo Tuomas, Adjutant General United “tuies Army, Wasiuagion, D. O Whereby said Andrew Johnson, President of tho United States, did then and there commit and was guilly of high misdemeanor ia ellice. Awrici# 10,—fhat said Andrew Johneon, President of the United Staros, on ihe 22d day of lebruary, in tho year of our Lord 1868, at Wasiungton, 1m the District of Columbia, in disregard of the coustitution and the jaws of Congress duly enacted, as Commander in-Chiet of tho Army of the United States, did bring befora himself then and there William H. Emory, a major general by brevet im the army of the United Siaies, actually in command of tho Department of Washtagton apd the mulltary forces thereof, and did then and there, as such =Comimander-in-Chiel, declare to an instruct said Emory that part of a law of the United States, passed Marci 2, 1867, entitied “An act making appropriations for the support of the army for the year ending June 30, 1883, and for other purposes. especially the second section thervof, which provides among other things tnat “all orders and in- structions relating to military operattons issued by the President or Secretary of War shall be issued through the General of the Ariny, aud in caso ot his inability, through tho noxt iu rank,’ was unconstitutional and contravention of the commission of said Emory, and therefore not binding on him us an officer in the anny of the United States, which said provision of law had been theretofore duly and legally promulgated by gen- eral order for the government and direction of the army of the United States, as the said Andrew Johnson then and there well kuow, with intent thereby to induce said Emory in his official capacity as Commander of the Department of Wasbinyton to violate the provisions of said act, and to take und receive, act upon and obey such orders a8 he, the sald Andrew Johnson, might make aud give, and Which should not be issued through the Gevoral of the army of the United States, according to tho provisions of the said act; whereby sad Andrew Johnson, President of the United states, did then and there commit and was guilty of a high misdemeanor in olllee, ‘And the House of Representatives, by protestation, saving to themselves the tb: exhib atany nw vereafter any further ar: or other accusation of impeachment against the said Afdrew Jubnson, Pres dent of the United states, aud also of replying to bis answers which he shall make to the articles berein preferred against bim, and of oilerias proof to the samo and every part thervof, and to all and every other vriicle, accusaion or impeachment which shail be exhibited by them as the caso shail ro- quire, do demand that the raid Audrew Jolinson may bo put to answer the bigh crimes ond misdomernors in oflice herein charged against Lim, and that such pro- cooding:, examinations, 8 aud judgments may be thereupon had and given as may be agroeable to law and justice, Debate on the Artictes of Impeachment, The reading of the articles having been concluded, ur. Evpripas, (dem.) of Wis, sought the floor, but the Speaker deciined to recognize Lim, and tho House at twenty-five minutes before three went into Committec of the Whole on the State ot tho Union, Mr. Washburne, of Ill,,.40 the chair, in conformity with the prior order of the House on that subject, for the purpose of con. sidering the articles of impcacament, Mr, Bourweut then rose to state the general points of the urticles, The committea would observe, be said, that these articier, excepting the tenth,were founded on proof before the House. That tenth article was founded on the testimony of General Emovy, which testimony ‘was printed, and would at once be laid berore the com- mittee, That testimony would show that in an tater. view botween President Johoson and Genoral Emory the General had laid before the President a general order containing extracts from tho law requiring all ordera to officers to be transmittod through the General of the army, to which the President replied that that order and law were not in conformily to the constitu. tion of tho United Siates or with bis (General Emory’s) commission, It was on that testimony that the tenth article was founded. The other articles wor founded on matiers connected with the attempt to remove Secro- tary Stanton, and were within the public knowledge, The committoe goad met with a dilficalty which it be- came him now to present—that was sho dereription, 80 far as the office was concerned, of the person accused, whether as President of the United States or as Vico President, discharging the duties of ‘President, He thought that the description in tno articles was the proper one, The constitution bad mado a provision for the oilicer who was to preside on the impeaciment of the President of the United States, but that officer w: not required to preside on tho iinpeachment of the Vice President, He was of opinion that it was impossible to avoid possible dificuities mm the matter, It Andrew Johnson were arraigned as President of the United States the Chief Justice would be called upon to preside on tho trial; and if the Provident of the court should do- gido against the deseription gives, thea the constitution would Dave #0 be reorganized and further delay caused. us, books, custody and eh. If the House were (0 fail on the arraignment of those charges, he could not see how upon arraignment upon other charges already known to the country it could auc. ceed. He knew there was a diversity of opinion among the people; but he understood that among the loyal people of the country there was a substantial agreement that the President should bo impeached and removed on the charges against bim. The committee Lad no particu. lar regard as to the articles presented, and would be gov- ernod by the decision of the House on the matter. Mr. Burr, (dem.) of Ill, rose to oppose the adoption of tho articles. It soczned that at Iast tho vials of radical wrath wero to be poured on the head of the President of the United States, Ho characterized the whole movo- ment as one in tho interest of party, and that party centred around two men, ove of them the Acting Secrs- tary of War, E M. Stanton, omd the other the presiding officer of the Senate, Benjamin F. Wade. Assuming that these articles wero to be sustained = by charges the verdict of guilty should be pronounced, constitutionality of the Tenure of Oftice bill, ® man in the Cabinet, the Senate, and that on the on, Would be the result? That a man who sow ‘was @ candidate for such am office, and who had recently been repudiated by his own State for the Senate, was to succeed to the office of President. Tho people of the United States believed, aud he believed, that the motive of Mr, Johnson in removing Mr, Stanton was to test the Be did not blame the President for removing Stanton from that office, but he blamed him only for having tolerated such Had Stanton possessed honesty, Manliness of seit-respect this disgraceful scene would never have been enacted om the face of the American Continent, as be would have voluntarily rotired from 3 ee ——E Ho felt, however, that it was ‘not very safe to say much against the acting Secretary of War, so long a3 he had control of the bas- tle, to which he had consigned so many who bad offended him during the war. He referred to the tele graphic message recently read im the Hoise from @ drunken Governor of his own State, sou, called Me. Burr to order, and dented the insinuation mado against Governor Ozlesby, Mr, Bor said the g d Governor Oglesby when ue got the floor, Mr, INGERSOLL said it was not proper to slander one who was not a member of tho Housy, Mr, Burn trasted that Oxlosby would never be a mem- bar of this or of any other Houzo, Mr, Ixcunsont thought it g¢ Burr) thi utleman might dete 4 for his colleague (Mr. Governor Oglesby was not here to-day. Mr, Bugx doclined to yrold to interruptiona, and re- marked that no sober man wou'd have done what Governor Oglesby had done in sending the tatlammatory telogram. Mr. Isamnsout having obtained tho floor declared that R. J. Oglesby was one of nature’s noblemen; that no more patriotic or moro upright man existed, The poople of Ilinols had endorsed him by noarly sixty thousand majority against the democratic compotitor at tho Inst gubernatorial election, Whoever slandered Governor Oglesby slauderod a man who carried in his body a minie bali fired from a rebel ynusket at Fort Don. elson. Governor Oxlesby bad p rilted his tite in defence of the republic, and was’ nosoriously a sober man, and was aman of brave, patrioite heart; but (he Knights of the Golden Circle would assail him aod sumke nim down, Mr, Bore remarked that if his cotieacue (Mr Inger. foll) intended to say that he (Mr. Burr) was a Kaight of the Golden Circle be was falsifying Mr. Incersout said be did not bear his colleague’s romark, Mr, Burr repeated it, and said that ho trusted bis col- league would understand him, Mr. IxctRson saidjhe bad no insinuations to make Against bis colleague 1a reference to the Kuights of the Golden Circle, Mr. Cook, (rep.) of Ill, asked whether it was not trae that atl the Knights of the Goiden vircie bad voted with his cotleague (Mr, Burr) against Governor Oglesby ? Mr. InceRsout could not answer positively, but he had no doubt that it was a9, Mr, Bure did not know anything about tho Knighte of the Gotden Circlo, but he did Lot think they were worse than the Loyal League, whose work had been mis. chief all the time. Mr. Bromweut, (rep.) of TI, sustained the articles of impeacbinent, aud said that (he time bad come when Andrew Johnson should be acc pted as (be autocrat of the country, or when Congress should do its duty under the constitution, Ho went on to speak of politi cal questions generally, aud to defend Goverior Ggtesby agaiust the assertions of Mr, Burr, buy Mir, SPALDING made the poimt of order that rambing political discussions. were pot in orler in this do- bate, but that the debate must bo conilned to the articles of inpeachment, Mr. Raxpant, (dom )of Pa, mquired how that could be done wien the House had only just heard the art- clos read ? Too CraiMax, Mr. Dawes, sustained the point of or- der, avd Mr, Bromweit adapted ntins If to the ruling and went on to sustain the articies of wapoachment, ALi ) of Iuwa, sustained the articles of hoped they would be substantially House, hore was no other course tert ress but to proceed with tho hmeat of Andrew Johu Ho beloved that even withoat whe Yeuure of Olli tho removal of the secretary of War while the to Was in session was am act of usurpation. ‘There was no autoority or warrant of law for tual removal, aithough tue Teaure ot Oilles bil had nevér been thought of, Lhat power of removal without tho consent of the Senate, if 1 existed, would possess all the germs of royaity, and tw gut prove tatal to tue ropubli:. he question involved in the matior was not @ new one, for the Pre-td ad signed the bill of March 2, 1867, ine second section 0 n deciared that the General of the Army shoul not be removed by the President of the Untied staves witout the consent of the Se: Mr. Ni (dem) of Dei., asked whether the Pre jad not protested aga ns. tuat sect Mr, Auiisoy replied that It Was true (he Fresident had made some sort of protest about 1. ever, that if any removal from off by the President it should be, ab: the army or navy, for the coust(ubon tad expressly mate him Commander-ia-Chief of the Army and Navy. Mr. RaxpAut addressed the House nex: aud said;—Mr. Chairman, the few minutes allowed me to discuss tuts dil-importunt question will enahie me to do but partial justice to the subject. I am anwiling, howevor, tuat those whom I bave the honor ‘o rereseit should be silent on 80 august an occasion, with go iach danger to the country. The President of the United states, in the presence of tho people, sole:nnly obligated himself by oath not oniy that the saws should be executed, but aiso that he would preserve, protect and deiead’ the constitution, Ho believed that the power of removal under the constitution is absolute in bim, the Senate of the United Siates being ad- visory 1 appointments. Under this constrac- tion he removed Mr Sinton as cretary of War. Tne exercise of this power by the President, wich to my mind is a plain tutional prerogative, is made the protext for bis impeachment; pr direction are taken with hot and in too without any consideration, certualy tunity for legitimate disc vasion; and for this mere a ference of opinion as to what 18 the law (ubout which there is a diviston of judgment even in the republican party) he 1s arraigned a5 guilty of high crunos aud misdemeanors, and you bave pledged yourselves to make good these charzes at the bar of the Senate, The sanctity of individual oaths is nothing when it stauds in ttf way ot a reckiess party oiject intent on Lhe ree moval of the obstacle out of the road that leads to the consolidation of the power of tue two coordinate branches of the goveroment inio the legislaave branches, and then, periaps, to an irremediable despotisin, Surely an adherence to the corms and spire of the censtitation, even if in cooflict with a law which Mr. Stanton uiinself has deciared to be uncoastitntional, gives but a slight cause for this attempted rev lutionary For mv part, can oniy say that were tne Vrest~ thas tana Rept ative, I would dofy, as Ido here this day, any ir on earth to intervene between myself and the peoply I represent, for tue tnvtolability of my oath of office, Mr. Kerr, (dem.) of Ind., inquired of Mr. Boutweil whether there would be reportea to the House aay fur- ther testiinony han tbat already prinied Mr. Bourwstt replied tha (he committee had no pur- pose to report further tes'imoay. Mr. Myers (rep.) of avocated (ho adoption of the articles, He c immented on the tureat coniained in tue closing part of Mr. Woodward's speech last Monday, and said that he understood that the geatieman nad nov pronounced that part of bis apecek, Lis time having terminated before he got so far, aud that was the reason heghad not been cailed to order tor sucn lang He reviewed the facts Ieading to the present pri ings, and argucd that the only remedy was the Ampeac mentand removal of the President, Andrew Johnson, allured by the worst features of Roman bitory, bad called himself the fribune of the people, while in fact he sirove to grasp the fascrs and the axe, and to assume the powers of dctator, He denied that under tue con. stitution the lresident bad the power of removal of oificers While (ho Senate was in session, and quoted Alex- fie argued, how. were to be made aL ovaersjotiicers, of ander Hamwilion as rity tor demal, Ti tie removal of Mr. Stanioa were toe the dciatorship would be an accomplished fact and tt cipies of free people trodden under foot by the power of d ism. Pour ‘Lawrence, of Ohio, spoke on the same side of the question, He said he bad already twice expres#ed hig views on the impeacoment 0’ the President, acd had nothing to cuange or take back. Iie did not know that he could express the guill oC’ be Presideut better than by quoting tne language © the gemdeman frou W 1 consin (Mr Eldridge) some Gime siace, in which be spoke of Congress aud of the President as being om part delictu, nod said that they stood together as infamous usurpers of uogranted powers. He did mot bold that the motive of the President wes at all matured when bo violated the cou-titution or the ia of the land, aud be denied that tho Prosident could shield himself bebind any plea of innocent mot ve. He iliua:rased the of Mr, Buchanan, who eid tha! tha government nad no constitutional power to coerce a State, and asked whether, it Mr. Buchanan. bad hed his fali term them to serve, he wourd not have been liadie 11, acting on that conscientious conviction of hs miod, to impeachment and removal, so that the repubic might be saved? It nade no difference, he said, whether tho act of the President was or was not en Indictabie offenc If for any cause he was unfit for the office 16 was the right and duty of the Grand Inquest of the nation to eject him from © and be was glad that Congress had fowad t mo to dovute to the performance of tuis duty. Mir, Vax Avxen, (dem) ot Pa., next addresaed tho committee agaiyst the adoption of the articies of im- peachment. Hie asserted that what the House most feared was a thorough exposure of ite acts in this matier, and therefore it was that such brief time was allowed for debate, Was the country, be asked, to be rocked to its foundation merely because the President hed, in tho exercise of his lawful authority, undoriaken the removal of Edwio Mr. Stanton trom the War Department? Aud yet this Was what the radical ruajority wos domg. Mr. Stevens, (rep.) of N. H., supported the articles of impeachment, aud in the course of his remarks paid @ compliment to the unsurpassed ability and loyaity of Mr. Stanton, who, be said, hed filled nis place as War Mintater to the admiration of the loyal people of tus oun. b; The Tiebato was further contioued by Mr. Morcay, (rop.) of Olio, against the impeachment, and by Mr. Movie, (rep.) of Tenn, for tt, the former claiming that none of the Senators who had voted for the resolution. deeiaring that tho President had no right of removal could sit as jurors on the trial of the resident for + act, and that as to the tenth article it does Dot desery ent’s conaideration, mar, Mutiixs declared his belief that one of the reasons why his life bad been spared wheo tie missies of dea't wore flying thickly arouad was that he imigtt vou for the impeachment of Andrew Jobnson—a mo! ir wae riding over all the rights of the peopre aud usurping the legislative powers of the nation. Hy deciared that monarchy and despotism lay ,at the bottom of the whole movement of Andrew Johnevn. A Czar of Russia bad how a crim ea to exercise the powe i authority of Com- mnander-'n-chicf of the army and 'y, in accordance with the rules for the government and regu! i d aud naval forces, im violation of the act of Congicss M constitution, nd of the comet auggested that Mr. Jencks embody tis iu a separate acticle, and Mr, Jencks suid that be . wort soruen, (rep.) of Masa, obtained the floor, and then, at balt-peat five, the Committee took a recess till CONTINUED ON TENTH PAGER

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