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

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

—_—. WASHINGTON The Impeachment Question in Congress, Adoption of the Charges Against the President by the House. Protest ‘of the Conservative Representatives. Senatorial! Debate on the Rules Gov- erning the Trial. THE IMPEACHMENT QUESTION. Wasuinaton, March 2, 1868, Scenes In the House of Representatives. After the adoption of the articles of impeachment to-day the House proceeded to elect managora. You are already 4m possession of their names; but you have not heard of ‘@ little scene that preceded the election, Tickets, it weems, had been prepared with the names of the candi- dates for managers written thereon, On those tickets the mame of Mr. Stevens appeared first, then Mr. Butler’s, nd then Mr. Bingbam’s, ‘The order of precedence on the tickets had been agreea upon in caucis on Saturday might, when it was ygselved that Mr, Stevens should be made chairman and Mr, Butler hold the next piace, with ‘the understauding that the latter would have todo all the Reavy work, as it was considered that “‘Uld Thad” would Be physically incapable of bearing up against the arduous duties ho would havo to perform as the mouthpiece and master spirit of the manazers. ‘When tho time for election came to-day, however, an nlooked for rumpus occurred, Mr. Bingham, insulted Bnd mortitied to Gnd himself below Butler on thé ticket, gave vent to his foolings in a most decided manner. He ‘was heard to exclaim, while ho knocked on his desk ‘with closed fist, ‘I'll bo d——d if I serve under Butler; ® man who denounced me to tho country aga murderer. It is no use to argue, gontlomon, I won’t do it.” A srowd of friends assembled around the excited member rom Ohio and endeavored to calm bis excitement by feasoning. Mr. Boutwoll, of Massachusetts, ap- peated to Mr. Bingham to be calm and fet things go on quietly, as the order sould easly be arranged aster the election; but Bing- ham was inexorable and {nappeasab'e, He repeated his @elermination not to servo under Butler and not to dllow himself to go before the country under any cir- Sumstances as playing second fiddle to the Lowell Matesman, Mr. Biugbam’s manner was so emphatic and earn there was nothing left but to make a change, even at the eléventh hour, Should Bingham back out of Impeachment, even after committing bimsolf 80 Strongly, no one could say what would be the eonse- uence. Tho state of the caso was, therefore, hastily txplained to the bulk of the republican members, And the result was that whon the yote was an- Bounced Bingham appeared at the head of tho lst, Boutwoll next, Butler near the tail, and Old Thad bringing up the wp end. This was a sudden Prostration of ‘B, B.,”tand a corresponding elevation of “J. B.,” his deadly enemy. So much fora little vigor- ous eloquence not intended for the public car, ' Proposed Action in the Senate. The first thing the prosecution in the impeachment Srila) is expected to do is to challenge Senator Patterson, of Tennessee, as being allied to the Prosident by such lose private and personal relations as to be deemed predisposed yn his convictions about the merits of the tase, The defence will also, it is said, challenge Ben Wade, on the cround of *holding a personal interest in he trial, and thorefore bringing a biased judgment to its wonsideration, The removal of those two will have no ‘Other effect on the ultimate verdict than a simple palre Wg off, On Friday last the President gave instructions to Messrs, Merrick and Cox to © an application for a \writ of quo warranto, the object boing to bring the ques- Won whether Mr. Stanton holds rightful possession of the War Department before the Supreme Court of the United States; but nothing of any importance has yol been done in the matter, owing to the absence from the Bity until jast night of one of the counsel, There seems to be but littie hope expressed by emi- ent lawyers that the object sought will be at all ad- wanced by instituting such a suit in the Supreme Court ®f this District, Tho opinion has been expressed that @olays will bo created and obstacles will be thrown im the way by the friends of Mir. Stanton sullicient to pro- Vent the case going to the United States Supreme Court ‘within the next two years, From all that bas transpired of the secret coneultations Beld among the controlling men of tho radical party, it W certain that they will use every means in thoir power Wo avoid a decision in the United Siates Supreme Court Defore the impeachment trial is conciuded, for they are well convinced that the Tonure of Office act does not ‘epply to Mr. Stanton in the most remote mannor, Sinco the removal of Staaton some of the most dis- Moguished iawyors in the city have been giving the law &and-the constitution bearing on the question a thorough examination, and all of them that your correspondent hes conversed with havo expressed their unquall- fled opinion that Mr. Stanton can claim nothing More, even by a liberal construction of the law, than that he is Secretary of Way de facto ; that he is a Seere- tary of War in possession of tho office, who refuses to be removed therefrom, and who dares so simply because he is confident of beiwz supported by Congress, whether Fight or wroug, tho common olject being to force the President into some act that would warrant bis impeach. ment. Mr. Stanton having no lega: right to the office ho holds, and not coming undor the protection of the Ten- ure of Office lav, the impeachment articles preferred against the President by the House of Representativ fall to the ground. It is contended that the fenure Office law does not apply to Mr. Stanton, inas- much as the frst clase of that law ox- Pressly states that ‘“Porsons holding or appointed to any civil office, by and with the arlvico ‘and consent of the Senate, shall be entitied to bold such Office until a successor Ahall Lavo been in like mauuer appointed and duly quatified. The Secretaries of State, of the Troasury, of War, of the Navy and of tue Interior, Sho Postmaster General and the Attorney General shall Bold their offices respectively for and during the term Of the President by whom thoy may have been ap- ported and for one month thereatter, subject to removal by and with the advice and consent of the Son’ Mr. Stanton, it Is argned, wos not appointed by Prosi. ont Johnson, nor was Mr. Welles or ) ard, nono of whoin aro alfectod by the Tenure of OMco law. The effect of this law is to place it beyond the power of the Presideut (0 fomove any Cabinet oillcor who oids ® commission granted by Prosident Joun- gon since March 4, 1895, an@ who was con tirmed goch by tho Senate, The commission Of Mr. Stanton discioses that he was appointed by Prosideut Lincola, and im 1802, But it fe claimod that ‘even though it be admitted forthe sake of argument that the Tenure of OMce act dvos apply to ali tho mom. bers of the present Cabinot appointed during tho exist. fing (Pin, 3 the radicals asoort, Whe Prosident has not wiolated the law, becauso Mr. Sianton was not re-ap. pointed by Mr, Lincoln at the commenceinent of hia wecond term, Mr, Lincoln may aot have beom dis posed to make any changes in his Cabinet when he Begun the sccond term of hit administration, and may have told the officers of his Cabinet at that time to con. tinue in the dischargo of their duties, which only made Whose oOllicorsa mombors of the Cabinet de facto, This authority was suffcient to legalize thelr acts as Cabinet Ministers and heads of departments, but thoy were only tenants at will, and bad no legal hold upon their offices untii recommissioned and reconfirmed by the Benate, According to the Tenure of Olfice net, if it is regarded Qs retrospor! Mr. Stanton’s ¢ornmission expired on te bth of April, 1965, one month afier the close of Mr. Bancola’s first term, and the law in question eouid not, therefore, apply to him by any coustruction ever, Kvon supporing thal Mr. Lincola appointed Mr, stanton stihe beginning of his second term, by simply recog- nyving hin ay RAgratare of War, 'n order to bring him Wituin we Seopa ot (We Teuure os Vice saw Le eve NEW YORK HERALD, TUESDAY, MARCH 3, 1868—TRIPLE SHEET. have been confirmed by the Senate, The President did not construe the Tenure of Office law as applying to Mr, Stauton, and when be removed him he did so in the firm conviction that he was not violating that law, It is very well known that the able and astute law- yers in the Senate are thoroughly cogvinced of the fore- going facts and are greatly concerned as to the manner ip which they will avoid doing violence to their convictions. They want the President to be removed, and have agreed, it is said, that the impression shail provail that they will vote for his conviction in order to keep up the courage of those Senators who are not so well informod in the law. Their hope is iu dragooning the other radi- cal Senators to vote for conviction while they them- selves will do their best to avoid doing eo, The arg’ ment they purpose to uso towards the other Senators in the accomplishment of their purpose is gaid to be as follows:—“I have placed myself on record against this measure and canuot, therefore, consistently vote for it, but you can,’? It will be understood that there will be voles enough secured to convict the President and when the decision is reached it will be found that these law- Yyers, most of whom come at the end of the list, when tho roll of the Senate is called will vote against cony!~ tion, The Impeachment Testimony. In the additional testimony given before the House Impeachment Commitieo is that of Mr. Samuel Wilke fon, as follows:— By Mr, Bingham—Question, State if you are ac- quainted with Lorenzo Thomas, Adjutant General of the United States Army. Answer. Yes, sir, if you have had any conversation with him recently in reference to a change in the War Dopart. ave, Q. State when that first conversation was, where 1: wasgand whatit was. A, It was on Friday last; I went to General Thomas’ room at the War Department; he there showed me an order which the Presidenygave him to take possession of the War Department; he told me of an interview between himself and the Secretary of War; he said to mo the Secretary asked him if he wished him to go out immediately, or if be would give him time to gather together his papers and his property and take them with him; he told me he replied to the Secretary of War that ho could take what time was nec? sary; be sald that that was Friday;.that the next day (Saturday), was a dies non, it megs He national holiday ; that he bad given orders for the closing of the War Department; that the next day would be Sunday and that on Monday he would demand possession of the War Department booke, papers aud property; and that if the demand was denied or re- Bisted he would send to General Grant for, I think he said, redress, or for forces to enable him to take sion; he further stated that he did not know how Gone- ral Grant could decline to obey that order, re Q. Did he say anything about the President's order to possession by torce if it was remsted? A° No, sir; id that that course of action would be his duty under the order; that he had shown me that he had no election, that he would be bound to pursue that course as a subordinate acting under that order. Q Did you have any other conversation with him afterwards upon this subjeet? A, I did on, I think it was Friday night, at Willard’s Hotel, What did he state thero? A. Ho said there that he would demand possession of the War Oilice and that he should call upon General Grant for a force sufficient to enable him to obtain it. Q. Was that ail the conversation you bad with him about it? A. I think that is all the conversation that was material Q. Did ho make any reference to the President in this Jast conversation? A, I think not; I do not recollect that he did, THE FORTIETH CONGRESS. Second Seasion. SENATE. Wasurxatox, March 2, 1863, MEMBERS OF THE GRAND, ARMY OF THE REPUBLIC atu OFFICE. ‘Tho Cuam presented a memorial of the members of the Grand Army of tho Republic setting forth that their services have uot been sufficiontly recognized, and pray- ing for a portion of tho departmental and other ofiices, THE DENNISTOUN COTTON surTa, The Cuam Jaid before the Senate a communication trom the Secretary of the Treasury in response to the resolution of the 17th ult. giving information in regard to the eompromiso of¢he Dennistoun cotton suits in New York, He transmits a number of letters and docu- ments relative to the maiter, and says the compromise and settlement were arranged with Mr, William M, Evarts, counsel for Dounistoun & Co., the department acting under the advice of Mr, Caleb Cushing and Dia- trict Attorney Courtney, Assistant Secretary Chandler, who was familiar with all matters of this nature, also took part in and advised this settlement. THB HARGOR OF BUFFALO, Mn Conxrina, (rep.) of N, Y., presented a memorial of the Buffalo Board of Trade, praying am appropriation to complote the improvemeut of the entrance of the bar- bor at Buffaio, which was referred to the Commitice oa Commerce, THE PROPOSED COPYRIGHT LAW. Mr. Moxcas, (rep.) of N. ¥., prosented a memorial of publishers of Philadelpiia against the passage of tho proposed Copyright law, ‘TUR VETERANS OF 1812. Mr, Carrent, (rep) of N. J., prosented a petition of soldiers of 1812 asking to be placed upon the pension rolls on the gainé footing with the goldiers of the war, Which was referred to the Committee on Military Atairs, i a SEE NC aka aE ner 2 eer one Teme ie See Aa ER Sear a oa a a ay A Sat eee eee ad a al ce ities eck Saal as we Ee Sh PE tes TA SUPREME COURT JURISDICTION BILL, Mr. Bockatew, (dem.) of Pa, presented a memorial from the citizens of Philadelphia against the passage of } the pending bill to define the jurisdiction of the Supreme Court and other bills as unconstitutional, which was referred to the Judiciary Committce, SHIPBUILDING MATERIALS, Mr. Cnacty, (rep.) of N, HL, presented the petition of citizens of New Hampshire praying a remission of the duty on materials used for shipbuilding, which was referred to the Commiitee on Commerce, SETTLEMENT OF PAYMASTRRS’ ACCOUNTS. Mr. Witsox, (rep) of Mass., from the Commitiee on Military Affairs, reported @ bill for the se:tloment of pay masters’ acconnis, SALS OF A MILITARY SITR, Mr. Camron, (rep.) of Pa., called up the bill to an thorize the Secretary of the freasury to sell au unoccu- military sile at Waterport, Pa, which was passed, ‘onsidcration of the Impeachment Kules. On motion of Mr, Howanp, (rep) Mich , at hail. past twelve o'clock the Senate proceeded with the con- sideration of the mmpeachment rules, with Mr, Anthony im the cha ‘The Secretary read the remaining rules, commoncing atthe thirteenth. The fifteenth having been read, Mr. Duane, (rop.) of Mo, moved to add the words “or any nator,” allowing them tg direct the redaction to writing of any motion. Rule twenty having beon rond, Mr. Dror offered a substitute providing that arguments on preliminary of interlvoutory questions shall be alowed one hour in opening aud Aftecn minutes in closing, one person on'y | to be heard on each side, Mr. Cowkuna sort that this, like many other quos- tions, had been loft to the court, There was a practics in courts which, doubtiess, would be followed in this care, Mr. Deane withdrow the amendment, Mr. Games, (rep) of Iowa, moved to strike ont tho | fulo as wnneceasary, holding that it had been o matter of congratulation that no such rule bad ever boon adopted by the Sonato, If any person shoutd abuse their patience thoy could make a rule to meet the caso, but he thought i would not be necessary, Mr, Epwenps, (rop.) of Vt, eauld the objection would apply to ail ruloa, This was @ imitation that would commend itself to the spproval of all, and why nos make it in advance, $0 that no one could complain afverwards of their changing (her procedura? It would ide more than another Mr. Grimes dn non» of the four courts of im- peochment hitherto held had there been any such timi- tation, and there was uo record that the privilege had beon abused, The wholo question might turn om an in- terlocutory order or the admission of a pioce of tosti- mony. It might occur that in such case an appeal would bo made to them for an extension of time of argument, Why should they place themselves in the attitude for- Didding it in this the most important trial that ever took piace in the country. Mr. Epaunvs said the Senator was inconsistent in ar. guing, Oret, that the rule was unnecessary because tho power now existed, and second, that it should not be exercised, Tho world had progressed since they wore born, and long discussions were entirely unnecessary, The court did mot tie itself up by this rule, and doubiless necessary an extension of ti mously granted, Mr. BuckaLnw said while lt was pecossary, perhaps, to have such a thing as the previous GRestion in such & merous body as the House of Representatives, it had beon alwaye held that it was unnecessary here, It wae #0 because a party making unnecessary detention knew that he would prejudice bis case, No doubt it wou.d be fo ie os case, am Ir. Mowros, (rep.) of Ted., enid it was not intend ilavit Senators, Felden sel, and ~ the Senate was not in @ torminahte dolore Ney anand thus prevent the neglect of other important e34. Mr, Sautapory, (dem.) of Dol, also deprecated any limitation of debate 1m the greatest trial ever had in this couutry. No similar question was to come before them. Every point shouid be fully argued by both sides, and t the American people would endorse them; other- their Jadgmnent would not carry with it such com- weight. Mr, ConkLinG said the cause that impelled tho courts to make such rules—the multiplicity of business--aiso applied here with great force. True, counsel were not limited tn the impeachment in 1804, but neither wore they in the State courts or the Supreme Court. On ue occasion a man travelled to New York and back while a counsel was speaking. In England about that time a trial lasted for ten years, and Chesterticld said that “the Lords walked, bu! the trial stood. still,” if a rule was established there would be nothing ungracious in insisting upon the rule, which, wheu necessary, could be retaxed, They would then be conforming to the practice of the Supreme Court and tho biguesi judl- cial tribunals in Christendom, 3 Mr, Feeuinauvysey, (rep.) of N, J., thought that while there should be some limit the time was (00 short, and it should not be confined to one counsel, fo moved to amend by making tt two hours for each side, the extension of time to be applied for beforehand, Mr, Winttams, (rep,) of Oregon, saw no necessity for confining it to one counsel, but thought no necessity ex- isted for extending the ti i would be chieily on the an.hour w: questions Jurisdiction couid be discussed. Mr. Howarp said preliminary motions of counsel might be very material. For instance, a motion to quash the impeachment, which would open a nost of legal and Political and partisan questious, upon which counset might expend themselves for months, aa might the point be raised whch was raised by the Senator irom Kontucky (Mr, Davis) on Saturday, The Senate could not sit week after week to hear such aiguments, which they must decide upon the final hearimg. He was too old a lawyer not to know’ that danger was to be apprehended from these delays merely for the purpose of staving off, poping something would tura up in favor of the accused, His only desire was that there should bea fair and a rea- sonably speedy trial, so that they might proceed with other important business, Mr, Jounsox, (dem.) of Md,, would prefer that there should be no limitation of time—that ihey ghould follow the established precedent, The rule, bowever, would Operate upon the managers of the part of the House as Well as the counsel for the acdused. In courts the opening counsel was never obliged to close. Many pre- liminary questions of great importance would probably be raised on this trial, and it would not do for the court to limit the defonce as to the manuer of conducting the case. In similar trials objections to jurisdiction had often led to dismissal of the cases. ‘These articles alleged no criminal intent, and counsel might arguo that Was laial to thom; that the Pr. sident bad acted without criminal intent, ‘Then if thoy eatistiod the Senate that the objection was well founded tho trial would be at an end and other articles, if thougut advisable, could be presented, Hoe was particularly anxious to preserve the honor, the impartiality and the justice of the Sonate, that no one could comp! 1d he therefore thought thoy should adopt no ru! it would weara sembianc: of injustice, Again, conviction required a two-thirds vote, and be thought this rule should be suspended if on third demanded it. As there was no precedent for this he thought a commacding public policy required that there should be no limitation on dobate, Mr. Yates, (vep.) of Ill., thought a limitation would secure greater portinency and would be eutfticient to en. able counsel to moet every point, He pointed out the interminable delay that might ensue if no limitation Were prescribed, as evidenced in the ten year trial of Warren Hastings, It was to be a great field of elo. qnout debate, and the people would tire of it if it we: span out as It might otherwise be, M1. BucKALEW said the case of Warren Hastings was Nota parallel one, a8 a great mass of facts were there examined into, extending over years of administration, He arg) that the fact that they could at any time relax the rule was an argument against making it, and that it would be a precedent which might lead to a limi- wary of debate in om neue: ir. SrEwaRt argued that for ordinal urposes hour was quito safficiens. Eieaa ae a Mr Fretincuvysen again supported bis amendment. Mr. Hevoricks, (dem ) of Ind., held that as these rules purportod to be for all tuture cases they shouid not be cons'dered with reference to avy particular case, but in the hent of tho usual practice of the courts, Ostentunes the death struggle of a case was fought on @ preliminary moun, and he argued that the question should bo left to the presiding oilicer in accordance with the practice of the courts. Messrs. Yares and Morroy again argued in favor of keoping the rule intact, and held it to ba their duty to see that the trial was not unreasovably protracted, Mr. Morton argued that the court could jadge of the importance of questions a3 they arose and of te advis bility of allowing extensions of time, but that inte minable delay would result if counsel wero theimnzelves permitted to judgo of the advisability of spinning out their ports, Mr. Dixox, (rep.) of C nn,, said if counsel did so fooliah a thing as to prejudice the court agamst them by unnecessary delay the court could at any time stop it, The poople were more anxious that the trial should bo just than that it should pot be protracted, But sup- pose they protracted it for a month, would tha: work avy injury? Limitations of time were of recent in- “uiroduction in courts, Doubtless men of great ability and character would appear in tho de’ence, and all pro- prieties would bo ob erved, and it any limit was to be: imposed it should bo at least two hours,. ‘Mr. Morwrn, (rep.) of Mo, said there was no limita- ton whatever ta the great queation of impeachment, two counsel on each side being allowed to apeak as long they choose. Tue arguments against this rale would apply against haviog avy rules at all; but without it de- lays would be endless, The proposition of the Senator from New Jersey (Mr, Frelinghuysen), requiring applica. tions for extension of time to be made beforehand, was evidontiy a reasonable ove, and he hoped the rule would bo amentted necording!y. Mr Dixon said if giving two hours’ time on preliminary motions would give opportunity to delay intentionally, riving one hour would aiford equal opportunity, as two motions could be made instead of one, The whole thing proceeded upon the aesumption—wiolly unworihy of this senave—that there would be an atvempt at unfair. hess on the part of the defence ° Mr. Cones, (rep.) of Cal, hoped at this time they would settle these preliminary questiona without any lunpotations from one side agains: the ovber. Mr, Dixoy ead he aiways endeavored to conduct him. eolf with propriety here. If he needed instruction on the subject he would apply to the Senator from Cali. fornia, They shoul, ie continued, conduct this trial wrth jastice and morey, and be would not eetablish such a role in a trial for perit larceny, Mr. Grimes said he bad been informed by one of the fromers of these ruics that he had been one of the six counsel in a cave in which each of them occupied one day on ono question, and the court after that abuse established the one hour rule, This proposition was to es'ablish tho rule beforshand ond thus prevent the abuse. Mr, Dixos made a few more remarks. Mr. Drake said:—The last thing you can excite the sympathy of (he people upon ts to attempt to limit the epecches of Congress, ‘The firat part of the amendment, allowing two persons to argue on each sid’, was adopted, The question was onthe second part of the amend. mont, allowing two hours to each, Mr. Howaep said the regular ion was usually four hours, and this would allow t persons to occupy a whole session, ‘The rule was intended tosare the public time on unimportant questions, Mr, Coxkrise said courts In general, beitlg composed of a small number after consultation, estabilehed limit to discussion on points or stopped it becars: their minds ‘were made up one Way or otver, No such process was possible here, with fiity-(nres Judges, unless a reatric- | tion was establiehed eforevand, Taereore tho court would be at the mercy of counsel, who pressed, not for t ¢ purpose of delay, but with (ne mistaken pertinacity often common to cotnsl Hy would make fur and liboral rules, but not permit the court to be paralyzed at this eventful period. ‘Mr. Davia, (dom.) of Ky., opposed any limitation, Mr. Susser rem nded Se in the cays of the Is ref rred Lo spooking against time had not be- 0 of the fine arte, and no rule was considered necessary. Ho roferred’ them to one of the most ime ortant (rials that ev iz place—the triat of Lonis Napoleon for his attempt on tho French throne, The trial took piace befors the Chauber of Peers, ond Napo- loon’s advocate, one of the moet femous in’ the world (M. Perr, o*), ecous ed but three-quarters of aa hour, the qvesiion was put on the second branch of the amendment, and it was lost by the following vote:— Yras—Anthony, Ruckelew, D: n, Yowler, mca rieks t heson, MeCr . cc ‘on, Patterson of Tenn nary, Sprague, 1, Van Winkie etm ‘on, Chandic . Drake, Kanna, Morrill of Me, Merri Lot ¥ Yat ‘Tho question was put o: the Inst branch of tho ameadmens requiring aoplication bolorehand for an ex: tension of time, which, after debate, was lost by a vote of 10 to 23 Mr Drage moved to add atthe ond of the rule tho folowing :— arguing (a favor of @ quostion or ‘& motion shall bo entilied to open and close the argu. ment theretyom, aud thoy may divide their time bevween the opeatig aut closing, as they deem proper.’ The amendmont wy el Lo. Mr, McCrarny, (dein. ) », offered an amendment striking out ali timitation of (ine aud number of per ‘Ho snid while others might refuse to represent the sentiments of their States, the judiciary of Ken- tucky, on the trial of avy person, put no limitation or the accused, In this respoct be felt con. resiriction apo: strained to offer this amendraent, without much hope of its adoption, becaus, winle others migut not foot the necessity le dosired to get all possible information on the subject, This would not only be fair, bus it would Appoar so. The majority contd well afford to let ¢ quostion stand or fal ite merits, Whother tho exhibition Was to be a groat one oF not, as the Senator rom Ilinois (Mr, Yates) had intimated, he would be guided by no such motives. However, the ladies might ait with their silks rustling In the gallery, they should aut go that all should say the Senate stood by ail the rights that mon the mo¥t enlightened in the land might claim, If counsel endeavored to trifle with the court tho court cowid put a stop to it, Mr, Yares said they bad oceupied the whole day on one role, whieh was an indication of what might be expected if the amendment wae adopted. He had no doubt the learning and eloquence Of the Senator irom Kentucky (Mr, MeCreery) would be stimulated by the beauty and elegance of galleries, though he had uo idea that he could be seduced from Kentucky ivtogrity by tho emiles of tho Indies, (Langhier ) Mr. MoCrmmmy had no doubt a Kentucky jury would ise th eure eine as one from any other section, He concluded wiih am cbservation, Inaudible to porter, about the notoriety of tho Senator from Iii which Mr, Yates anderetood io ve im effect that he was an unnatural son. fost, he twonty -firet rule was roa, 9 a ING, (FOp.) OF Mase, called aitention to ihe thai no provision was mado for opaning tho care. He moved io igseri al the Wegieiiitg Ve Lhe ce pend cane shalt be opened By got inere thie eNO lina te tne Mr, Howanp asked if the Senator intonded that the counsel for the accused as well as the prosecution should open the caso? Mr. Svaxe replied in tho negative, saying the amendment contemplated the opening of the defend- gut's Case afler tue prose ution closed. Mr. Guiwes suggeated leaving the matter to be settlod, as it had been in ali previous inals of impeachment hero and in Engiand, by the court. dur, Witttans, though he had voted for the ons hour rule on preliminary motions, said it would not impose any restrictiops im this respec This impeachment would bo quoted as a precedent for all future cases, and they should, therefore, be extremely careful in their action. Probably not more than two or threo would appear for the defence, aud they would most likely occupy but a day a piece, 4 Mr, SumNeR referred to the fact that Mr. Wirt, on the trial of Judge Chase, occur four days in bis closing speech, and others occupied several days each. They pak he thought, provide agwiust any possivle con- At the suggestion of Senators Mr, Suuner modified his amendment s0 as to make it read, iho caso on each sido shall be ope ed by one person.’ 4 Mr, Drxon contended that there should be no limita. tfon on the opening of thia momentous case, when ten issues were to be presented to tae Ho had no doubt that all Senators oxpected to try this question as jurors. The Presumed the accused to be innocent. Sup- pose the Opening took four days; it wasa small period ‘of time in view of the importance of the case. Mr, Howaro sald thera was no limitation in the rulo on the time that counsel could occupy. counsel allowed on each side, which the Senator would admit wore enongh, Mr. Dixon said be would allow both sides to say all ies had to say and take tho necessary time, ir, Howarp said no court in tho country would allow unlimited time to counsel, Mr. Groves said by all precedent it was for the court to determin rules for the arimission of evidenco, &. He thought t nate had no power to decide such questions for tho court. Mr. Drxpy remindod them again of the trial and the impropriely of making an nayielding rale to contine the accused to two counsels, When they were in a position to judge of tho importance of questions raised it would be tifme enough to decide upon the manner of their presentation. Mr. Evaunps gaid it would appear odd toa stranger ‘hat gentlemen on the other side stood as aunit on questions arising on these rules, though, doubtiess, it was only a coinvidence, This was arule forall cases, id Would operate more severely on the prosecutors than the defence—tho former baving seven mana;crs, and perhaps othercounsel. In crim/nal cases every- whero the restriction te two counsel was goneral, and in ry ivaportant case now on trial in the Supreme Court the same rule was enforced. If they were to have any rules at all they should be such as would be reasonavie in all future cases, Mr, Hunpricks was eatisfled that justice was generally necured by hearing two counsel on cach side, and ho was satisfied with this rule, He thought the imputation thrown on Senators on his side entirely unjustitiable, Ho moved that they take a recess, as it was now five o'clock, until seven, saying it was evident thero would be a long discussion, asrs. Howarn and Covnt:xc opposed the motion, as the rules were little more «ban half floished. A motion by Mr. McCreery to adjourn was lost. Mr. Hendrick’s motion was also lost. After discvssion Mr, Sumuer’s amondinent or modifi- cation was azreed to, ‘The question recurring on tho amendment of Mr. Wil- liams to sirike out the article, Mr. Epmunps moved to amend by inserting after tho words “on each side” the words “unloss otherwise ordered by the court on app!i- cation for that purpose,” which was agreed to. Mr. Dixon offered an amendment providing that the counsel for the accused bo allowed the closing argument, saying that was the usage in Connecticut. at Ha, (rep.) ‘of Coun,. said it had worked proju- cial The amendment was lost. The twenty-second articlo having beon read, Mr, Fre- LINGHUYSEN offered the following amendment, to come in at the boginning:—“Un the final question whether tho impeachment is sustained, the ayes and noes shail be taken on each article of impeachment,” Tbis was agreed to, Mr, Morr, of Me., moved to strike ou! tho words {high gourt of impeachment,’ and insert the word ‘“3onators,” Mr, Senay, (rep.) of Ohio, called attention to the fact that this rused a questioa to which he had given some attention—nainely, whether the Chief Justice, in being eailed upon to preside, became tberoupoa a meni~ bor of the court, and iherefore entitled ty a voto if a tie ‘vote occurred, Mr. Howakn sald tho usage followed the British pro- cedent, The House of Lords, sitting on such questions, was presided over by the Lord Ciancelior or tho Lord Steward, who had no vote by viriue of the Presideacy, Mr. Morrint moditied his amondment by moving to str'ke out the words “and voting” after the word *“pro- seut,”’ referring to the number of members of ine court Becessary to convict Tt was agreed to, Mr. Van Winks, (rep.) of W. Va. moved to insert after the words ‘the court,” where they Jast occur, the words ‘shall proceed to ascertain what Judgment shali be rendored in the case, which, being ascertained. shail be pronounced.” Mr. EpMexps moved and Mr. Van WINKLE accepted an amendment to sirixe out the words “of such court? and the words ‘by its pre » Agreed to. Mir, WiLttAM@ offered t providing for convigtion upon any one artich Mr. Deake suggested as stitute to insert after the word ‘nov” in the first line tho words “under any of the articles presented with other verval amendments to the sama effect,” Mr, Winuiama accepted the amendment, which was agreed io, The twenty-third article baving been read, Mr. En- munve moved to sirike out tho words “by unanimous consent'’ and insert ‘by consent of the senate tabled without debase,”? Agreed to, Mr, Hexpricks moved to ineert “the same amend. ment was made in regard to debate on the final quo;. tion,” Not agreed to, Mr, Wictiams offered an amendment to allow any Member of tho court to Mle nis writen opinion oa any Of the j- gues at any time within two days alter jadg- ment with the Secretary of the Senate, Not agreed to, Mr. Hexpricks moved to assert as au additional article the following: —‘‘When the Senate sits as a Hgh Court of Impeacoment in a caso in which the Chit Justice may preside such of the foregoing articlos as apply to the trial shall be considered aud adoptva by ihe court before they shall have force.’ He contended that these very important rules should be made by chem, not as Senators, but aa sworn jutyes, and that the Chief Justice, instead of the possible successor to tho President's posictoa, should preside when rules Were adopted which would govern the action of the Chief Justice and of the court on important poinis, In reply to a question of Mr, Kmoanda, he said be was not sure that the court would ba comperent to change the rule established by the Senate; but as it was certainly porsiblo that Sonators might ‘thon discover Imporioc- tions in them, the qnestion admitod tho justice of his josition. Por. Hows, (rep.) of Wis, sad that calling tho Senate a court did no. Change its character vo as to deprive it of tho right to change rules mad» beforehand. Toe Senate was competent to make rales for its future government im the trial, and as the same individuals would vote at any time it made no difference when such rules were ca tublisned. ‘The amendment was not to. ‘The twenty-fourth article was read, Mr, ConKLixa moved to strike out the words “sitting asa High Conrt of Impeachment’? wherever they oc- curred, on the ground that they were not usual and might seem to Import (hat the Court of Impeachment is ate. ate the amendment was Mr. MoCavexy moved to insert in in rule 24, ofter the words “constitution the words “of tho United States passed in pursuance thereof.” Mr. Devce asked whether the Senator desired that all Jatge for themecives of the constitutionality of the laws, Mr. McCareny said the words wore taken from tho conetitns on, and Were such, he thougiil, as ougut to be Inverted. mist bo andersiood that tt was intended to evado it. and that tt meaut that each Senator must bo the judge of the {utionality of the laws, and therefore could evade at ground, He would not be a party to opea the y sven stato of things. ew eaW no reason for warmth en this eub- 1. Drake conld not be an icicle like the Senator froin Ponusylvanir, (Mr, Buckaiew). M warn pointel out that the person impeached Migh: pload just this oxercise of judgment, The amendinent was lost by the followiag vote:— Buckalew, ¢ Ramee: Sher 1, Vat Widkle, Widlaihs Wil REI, on and Yates On motion of Mr, Reckanew, the words “or any pore fon authorized thereto” wero added at ihe end of the section. nt Howe, tho words “at twelve o'clock noon’ were inserted in the form of summons, Toe twouty-fiith rule havior been read, Mr, Conk: xe of a verbal amondment making it conform t the preceding section, striking out tho words « rch court’ in both places where they occur, and inserting the words “for the consideration of impeachment.'’ vir, Wittiae aaied whether (ho Senator denied that th y were & court when sitting to try impeachment ? Mr. Conmuna merely wishod to conform it to the Jangrege of the consiitution, Ho said the argament ado against it reminded him of the old conundram, “jlow many legs has a cat got, calling her tail one?" The answer to whi was that she had | fowl be- cause calling her log a tat! doosn’t make itso, (Laughter,) ‘Tho amendment was agreed to, Aftor further discussion Mr, Haxoricxe moved to amend the second arti: ‘iking out th rds “grand inq of the nati sad insert “Hor of Representatives.” Mr, Henprick* read the elevonth articlo and asked whether it was contemplated that the Louse of Repres seater would bo presont ina body during tue pro. evedin Mr. Howarn replied in the aMirmatire, saying that my! would thus bring the accused and the accuser face to face, My, Hespricks thought it would be improper to bring the ben 9, of the House upon thom in trying the im chment. Mr. Howann said the House could not proceed with ite business pending the trial, nor would it have a quoram@ 1p the absence Of those o od in the prosecution, and the constitution required their presence here, Mr, Haxpatens would like to gow Where Mr. BOCKAtRW auggosted thas ine House empowered cominittees to go over ths country, and yet wont on with its businesa, Mr. Hexdxicka contended that there was ao autbority for the House attending asa body, For what parposo would it be? Tt would brin, a A ete jaenes to eantrot tele action, stron iavor Wins 00 (we, i ane not dre voveuse seouos asiboriaing ine preaidlag Wer Daiitn moved wo Mr, Deaxe said aa the question was not answered it , cide incidental ions unless @ formal vote of the engee bo caltee, for, T, SHERMAN Opposed the amendment on the ground that the presiding officer must decite hitle questions which would otherwise involve great delay, Mr, Drake held that the Cuief Justice, ‘im presiding, had no more power than the Vice President would have if im the same position, and he shouid not be subjected to & reversal of his decisions by them. Mr. Howarp said the cominittos had inserted tno provision to but he now sar that difficulties might ariae from it at'some time in the future that would antagonize them to tue chief judicial ofllver of ihe government, Hoe ofered an amendment, which Mr. Drake accepted, providing for (ho submission by tho presiding officer of ali incidental quostions to ihe Senaie to bo decided, if demanded by one-vixia of tho members, by the yeas and pays, Mr, KALTW thought the motion of Mr Droke was Preferable, Ho advocated it at length, holding that they must either regard the presiding oiler as a wom. ber or not asa member, The decision on the adw a of evidence might produce a inaterial offect oa a trial, Mr, Saerav warned them that difficulty might reentt from changing this rule, If he (Mr. Sherman) had tho Power Jo raiso a point at every stop of tho trial aud no- cossitate a vote by the Senate, ho could prolong it for two months, It was the all bodies to subintt such questions to the preciding officor, and it would greatly expedite business, He donied that any grave Cmstitutiopal questions were involved, aud that it is sirange such nt was raised at this time, Mr, Wititamt ued that the intention of the consti. tution was to consti ute the Chief Justice in effect a mem~ ber of the court, and to empower him to decide in ques- tions here, as he would in any court, as its presiding oillcer, To do otherwise would be to act with @ sort of jealousy and make him a sort of figuronead, Mr, Conxuina said when tho Lord Chaucollor and Lord Steward sat in the Lorasin England presiding at im- peachment they were not considered as members of tne body, so as to cast a vote, but were simply a speaker or chairman pro tem, He quoted several Engiish precedonts iu support of hia view. Mr. Hexoricks supported the amendment of Mr, Drake. After further debate Mr, Pomenoy. (rep) of Kansas, moved to amend verbally by striking out the portions calling the Senate a court, &o. At ten o'clock Mr. Henpaicks said as tho committee Was not satistied with its own report he would move to adjourn, The yeas and nays were ‘called and the motion was lost_by 5 to 22 votes—‘lessra, Buckalew, Hendricks, McCreery, Sprague and Van Winkle voting aye. Mr, Pomsroy supported his amendment, insisting that it left the question whether they were or were uot at court just asthe constitution loft it, It simply gave the presiding officer the powers of a moderator, ‘The amendment was lost by the following voto:— Yeas—Mexsrs, Anthony, Co'e, Harlin ff Hendricks, Hows, Morrill of Vt., Pomeroy, Ka:nsey, Sherman, Van’ Winkis and Witliams—11, Measrs. Buckalew, Cameron, Corbitt, Chandler, Cragin, Drake, Merry, Howard, Mereery. Mor: $22, Sprague, “Stewart, “Yhayer, Wilioy, Wilsua und ‘aven mld. ; Mr, Borers amendment was adopted by the follow- ing voto: Yxas—Messrs, Buckalew, Cameron, Cattell, Cole, Conk. ling, Chandler, Crigin Drake, Forty, Harlan, Howard, Howe, Morgan, Pomeroy, Rumsey, Stewart, Thayer, Van Winkle, Willey, Wilson and Yates—31, Nays—Messrs. Anthony, Hendricks, McCreery, Morrill of Vi, 5 in, Sprague and Williains—7, Mr, Ferry moved to amend by striking out in varions sections the words ‘High Court of Impeachment,” and other languago conveying the implication that. the Sonate changed {ts character in tho trial, Tho amendment wus agreed to, On motion of Mr, Drake the provision in the twenty- fourth article, administering tue skme oath to the pre- siding officer as to Senators, Was stricken out, Mr. BuckaLuw thought the amendmont proper, but that an oath of some kind should be administered to the presiding officer, Mr. Pomexoy contended that bis oath as Chief Justice covired the point. Mr. BUCKALEW pointed out that tho Senate took an additional oath in becoming 2 court. Mr. Pomenoy said they did so under tho constitution, which did not prescribe any for the presiding officer. Mr. McCreery moved to fasert the words ‘=aturday and’ before the words “except Sundays” in the third section, providing for daily sessions, Lost. Mr, Buckarew moved to strike out the words ‘30 help you God” at the end of the oath in section 24, on the ground that allirmatives ag well as oaths wore re- ceived. Lost. ‘Too rales were then passed Onally, and at a quarter before eleven the Senate adjourned, HOUSE OF REPRESENTATIVES. Debate on the Articles of Impeachnient=Tho ya Artivies Adopted, Wasnin March 2, 1368, The House re-assompbied at ten o'clock, in Conmittoe of the Whole, Mr Washburne, of Ill, in the chair, and continued the discursion on tho articles of impeac! ment, the interval between the hour of mecting aud noon being regarded as part of the legislative sexsion of Saturday. There were not a dozen members tn the hall and not fifty spectators in the gallory at the hour of meeting. Mr. Wastnunrs, (rep.), of Ill., having loft the chair, said he would not attorapt to discuss tho particular articles of impeachment béfore the (Committee, but would submit for publication in the Glotea full exammna- tion of the whole question of impeachment for refur- ence hereafter. Mensrs, Gurz, (dem.) of Pa, and Humrurey, (dem.) of N, Y., asked aud obtained leave to have speeches priuted in the Globe, Mr Ganrirxn, (rep) of Obio, took tho floor and ex- Plnined tbe cause of his absence when tho vote was taken in the House on tho prezeut articles of impeach. ment. If Le had been prusent be would have voted aye, Tt was known that be had on ‘toug occasions uni+ formly voted against impeachmen‘; bat it scemod to bin that the President had taken advantage of tho obvious unwiliingness of the House to be forced into impeachment, aud had grown more arrogant, more reck- lesa and more cettant, till there was now no remedy but to impeach him, Mr. Garfleid went on to argve the legal and constitutional points involved in tho attempt to remove Mr. Stanton from the War Odice, conicnding that tho President bad no right given him, even in the constitution, directly to remove an oflicer, The act of removal was incident to that of appointment; thera was no such thing known {mo the constitution as the removal by the President of an officer, The factof the appointment by the resident and the confirmation by the Senate of olflcer No, 2 was the removal of offlerr Nu. 1, Ii this act of the President had stood alone it mieht possibly have been regarded as mere inadvertence on his part; but all tho President's previous attempts to make General Grant, Gencral Sherman and General Emory his tools showed a clear and devermined purpose on bis part to disrerord the law end override the constitution, Ho had thrown down tbe gngo of battle, and Congress must take it up and carry out the fight to its end. Cririciving the articies of impenchment, he thought it Would be better, instead of saying the President had appointed Lorenzo Thomas, to say be had attempted to do #0, becanse there could be no appointment without the consent of the Senate; and as to the tenth article, ho thought it should be altered eo as to express the militory offence of insubordiwation aod mating, He thought that the whole questioa might bo tried ia a fow days, and thus tho great obstacle of reconstruction wonld be pat ont of the way. If the democratic party endoavored to oppose this they would bo in the position which they bad co often charged tho republican party as ogoupying, of setting them: constitution of the United States, uweurping the powers of dospotivm laws ancl the constitution of the Mr, Lawrence, (rep.) of Pa, followed on the same side, Ho also wad hitherto opposed tmpeachment, and yot ke had been convinced that tho President had been guilty, if not of high crimot and misdemeanors, at least of great impradonces, Ho had hoard the Prosi- dont make bis sptech to the mob ou the 224 of Febru. ary, 1863, and had folt mortified, echagrined and humiliated at bis language, Ue had read the accounts of tho Provideni’s Western trip, and had recognized that the President had forgotten the dignity of bis high oftics, and had spoken of Congross naif it was gota constitutional body, But all this did mot justify im. pesthment, At hi with = ma eforethought aud dofiauce he had attempted to trample on the con. wtitation and the laws by removing Mr, Stanton and ap- pointine General Thomas, This might not bea worse crime than any of the others, but it was a plain ihfrac. tion of the law, and the House could do nothing But im- peach bim before the Senate, He bimwelf bad always been treated with great kindness and respect by the President; but that fact would not iafiaence his judg. mont im the matter, The inajority of his constituents had hitherto been oppored to the impenchment of Mr. Johnson, but he bad information now sot only that the republican supporters, but that Influential domocrate in his district, wero anxious that the President should be impeached and removed. His democratic friends on the other side of tho hall might laugh at that, bat mever- theloss he would repeat it asa fact, Al! the tele about the democratic rovistance to the impoachmont was bluster jonsense, If the President were deposed the democratic party would drop bim in one week from that time, Mr. Jobneon was tryiug to force the demo- cratic party to nominate bim as their candidate for the Prosidency, but it would do no such thing. with defying the d States, Mr, Nestack, (dem,) of 11 op the opposite ite or the ouen, branch of “it, bd gaj@, tad already of, it only remained for thé Hoss 10+ formu! of impeachment on which te Pi be tried, “Yot discuss she question if apy. jew, and regretedt th ibe lest speaker shold bare doseendes to on ordinary par. t discussion, The effect whirii the action of the ofacen ip Om J pagiy wan 0 Vary mincy abd tudlguiteacs aretinoe: ao | 3 compared with the effec: upon the country and upon tu ious, Tie republican members of the ‘epared to revolutionize the country for se of getting rid of a President who was dis- tasteful to thou, = Toey bad first atiempted to African- ize the imstisute of the country, and aow they were eihem. Proceeding to disouss the : he inded the Honse that the Statos, the legal adviser velury Stanton himeslf, bad tational, Thero wag there- fore notuing in tae act of the President which was deserving OF imypaschinent, It was 4 mere honest Fronce of opinion, and the proper way to settle is Was by obtaiing a judicial decision, aud i was ouly that which the President had soaght to obcain. Ams, ('eD.) of Pa, asked Mr, Niblack what authority be bad for the sta emens tia “tanton bad expressed tho opinion that the iaw was uncon ittutonal. Mv. Nipiack said bis authority wis the tostimony taken before ihe Juciciay Coumittos, of whieh the Senator by If was & meuber, dir, Wruntasts sand there was no aneh to vnony taken before that comMmisioe; it Was Orly thowssertion of the President himself, wer, iLAON said the fact bad been brought out by w message from the Pre-idunt, and that it bal nover ber controveried by any person im the interest of Nr, Stanton, Mr. Lovourinas, (rop.) of Towa, wext took the floor and declared tuat Audrew Johugon had already been impeached before tho wibunal of pubiic opiaion, and that he ought to have been impeached long siuce by the House, Hv denied that ine vresiden.’s belief of the un- constituioualty of tos Yenure of Osics jaw was gny excuse or jusiifcacion for him, Andrew Johnson talked about the constitution continually by day and bad probabiy dreamed of it by nish, and yet ho had all the time been violating 'ta proviaions and subverting its anthority, for the purpose of puttiag iat» oilloo rebels and traitors. be Mr, Fike, (rop.) of Me, followed on tho same side, Ho said that u the articles under discussion were suf. fieiout to grouad an impeachment upon, it was quite ovident that they did not include somo of the graver offences for which he might bave beee arrsi. ned, and he bad learned with great pleasure that aa ameadment was to. bu presented by the geutiemaa from assachu- set's (Mr. Boutwell) which would im,part,fat least, remedy this difflouli'y. lt was quite cesiwin that it would be more salisfactory to the Houre aud to tho country, for the reasons for romoving Preside t Joh 1:00 were pinced on tid record, ‘Tho whole reoued of uis ollences that he bad dono and what he had ‘ailed to do were co-termie nous with bis oificiai lite, He had endvavored to bring Congress into derision and disrespect as a body hangiag on the verge ot the government; he bat made himself # Jost and a by-word; had prostituced his otice in the use ‘of the veto and of (ho appointing pewer; had given all possible encouragement (oO rebela, and had done all hi could to prevent the reconsiraction of tie rebellious Siates. ‘he forbearance of Congress had only led to greater violence of action on the part of tho President, ‘Tho time bed now come, The jaw was plain, Tho President should bo impeached aud dviven out, Im- peachmont would end the combat. Lnpeachnent was peace, If it secured to the de:nocratic party a martyr, that party was welcome to him; out Audeew Johnsom had in him tho poorest stuff tuat over a manyr wae made of, Lot him, thea, be ejec'od from office as soon as toe forms of Lhe jaw will allow, and the whole coun- try will say, amen. Mr. Keun, (dom,) of Ind,, next ‘ook the floor, Speak. ing of the tentb arficlo he said that a charge bad never been made on such flimay, such shadowy, #uca abso. jutely unsub:tautal testimony as that on which that are ticle rested. NoTair minded maa could rise from ite reading without utter asionishment that it contained so little, was go trifling and 80 absulutely disgeacoful to tho intelligence of the House, There was not enough in it to Guuviet a whito man, much jess a nogro, of steal- ing au orange, It showed that ‘Prittes Nigh Aro to tha Jealous eon iz Aw proots Of Holy West. —He know of but ono paraliel in ridica these proceedin, other day of thac humbug, nousensical about niwo-glycerine, AS to Mr. Lawrenes’s stacemebt that the inpeachment movement was su; ported by demo- crats, he declared that he had yet tu near of ‘tue first democrat in or out of Congress Wao supported it, Om the conirary, all democrats aad ios. of tho respectable republicans bad spokou of it as discacocul to Cougro: aud the couniry. Dovaocrats appeared hore not as de. fendora of tho I’resident, bat lors of tho mht President Li hi ‘ehato was in seasion, a4. He re-erred tothe fast that > V, Fowler iro a the Pocus ership ork, aa yer, acc@rchag bv dir, Garsoid’s argue ment, President Lincoln bad no constivalional power to dso, aud sbould have boea.impeasied for it Mr. Pains, (rep.) of Wis. was the nex: speaker, He discusged the question as to how Andrew Johuzoa should bo tried, Whetuer az Hresident of tua Uuiled States or ag Vico Pres dont, fulscharg ug the duties aud powere of President, [uae was an Luportant question, as con- nected wit O.ber questions, a3 wo Who suouid preside at ihe trial, if (ho Hrosident o1 the Senate were to pre- sido on the trial, then certainly Andrew Joluson should not be arraigacd as Presideut, ip bis opinion, The come mili¢o were righ’ la tue description of the office, and the trial ehould be presided over by the Chief Justice of the United @iaes, Tue mater wasa yoo! deal mixed up, because it Mir. Lincoln were stiti acting a3 Prosident, and if Andrew Jobnoa were t) be impeached us Vice President, bo vould himsolt be enutied to preside at bis owa trial, The reason why the Chief Justice was re- quired to presuio on the trial of the Prosideus was thas ja case of bee conviction and deposition from oiice the ding officer of vie Sonate was to’succeed him, and t reasun applied in {ull foree 10 tho present cave, Just bolire the etroke of noon tha ¢ minittce arcee and (he session Of Saturday was coaciude. inrough the form of roment, Tae Houve mmediately commenced th: session of Monday, dispensing with pray the jouraal, aad went into Committee of tas W the State of tno Union, Mr. Schoileld ia ihe Ci resumed the debae om the articles of imp-achment aganst Ue Provident, Mr. Trion, (dem.) of Ky., entered his solomu pro. test asaiust this movement, a8 One subversive of the una strong vasncss to ation the libertios of the people. If the President could be re- movod on such iriyial preteuces there was no * stab! in goverum:nt ant vo security for the position of avy fuiure Fresideat. “He im- plorel the mojorty to pause beore it \ouk such a ft os In his jadgment the impeachment of the Pres} at would MOl be sustarted by the Senate or by the people, Vor the violation of the eon tituiion and laws by a’resitemt Lat ant Se rowicy Staptom the republican party of the country had not though: of resoriing to impeachment, but, on the comraty, had passed acts of indemnity for iuem, = Wuy, urea, Mr. Johusop, wie bad beon elected Vie+’ Prestieat of the United States by the repab.cau party, be Impeashed And removed for acting, as he beieve!, unuer the con itutioa? When the Presidoat been shorn of all power he did not see why tue perilous undertaking of impouchinant chould ba reeoriad bo, eoduggering she fiuanci il and pablic toteresva of the coantey, Mr. Ccliom, (rep.) of iL, followed on the oppose side of iho que: no remuvai of and argued that the Preadeat r, btanton, Violated the law aud Bub. to the pains and penalty of impeach: in fo.iowed on the same okt negieried to see ated, or assumed to Jianct ca, he wae tiavle to impeacument. he argued Jonasen's polloy of recoustraction was the 1on of power belonging to Con: ot of erav'ing pardong and rosioring property to 4 beou in league with ireasou and raitors, (hat the roao,alol Secretary Stanvou was ‘on of (he laws and constitutoa, and thought tha’ any further forbearnace on the part of Congress would got bea wiriue, He cbarged Mr, Joppson with the lives of Union men, persecuted , and wih pressing like an iggubus on every set of the country, t but his power would give to the country peace, ayity an s tebe rep) ot M ollowod om the some side, ft, proper Aad onristont (oat the vemo- under tho teat of Jefferson Davis, 2 to roga.m poliical power by means vil wer, eliould now seek tho rame eud wader th leadership oF And AYNCH, ( Lew Job on—-the more peaveful but more dangerous moihed of usurpation. Mr, Loven, (dom) ot Pa, wsked Mr Ly he admitted thot that war gotirely @ party q Mr, Lyscnt declined to allow tetorrupsion, and went on hat noibing now seemed tw be constitutional bat (he ates of the rebeilion, Androw Joun-oa and the democraiia = party. Au wes wucousti D ama be put vo. Reéerring 1 Mr. Brooks! appeal to the bone 4 muscle Of the cemocra ic party, he said that hke appeals to Tesist (he government Had beon mode by demvcratic loaders q (uo War, aud thay tie geutioman’s con- responded, and had made tue city of New ence and bloo ‘to bad-never hoard, however, that any of those geu:lemon bad ever led them ta the 0 This acc porhaps, for the Northern wing of tho Confederate army jogaced by the Metropoities -Voilce, and Aubinismon to the laws by the «ittingui York a scone m Masachusctts, but whose mii valiant genilgimen wow atoctod to despise. Hut bo would give Warning to th tiemea trom New York (Sir. Brooks) and to the geni om Vounsyl- yonia (Br, Woodward) to boware bow they undertook (0 naugarats a second Febellion, becauso they tight fall joto (ho hands of an Kreeuttvo diapyed t make trea. goa not only otious, but dangerous, Mr. Wann, wep} of N. ¥, fo lowed on tho same side, Ho said be would have been plowed if tho articles of impeachment had prosented some of tho grave offences which that igh cfender had committed. He should be Jod to have seen bim arraigned tur asurpation of legis- lative powers; for U ution of the velo power, the pardoning power, of the power of appointment to office; hut he bowed to the sa) Winde mittes that reported these articie}. In oponiy, defiantly, in the eet of the Senato and of the constitution, removed the Secretary of War from office. ‘That was the first, his great offence, What ose had he done? He had coue among his eubordinates of the army acd picked up thie creature, bis tool. Too republicon party had been — foibearn with that man, It bad watted, and waic! hoped that he would conduct himself go aa not to lorce Er eiytie as Sptet e + procipita' if against t tutiton, Ho had foreed the issue upon tho fous, and t should be mot, The President would be tried, eon. victed, and the executive 0 long disgraced and dishonored, would be flied by iF 2 “g 8 b ¢ Serer aa crusted out by tne vindictiveness of Nie Johnson and his associares, would b resumed, and thie creatnre of Congress, this apostate Prosidout, would be to aa infamy so deop, #0 damning, so pro- found, tat (he baad of resurrection Would never reach: him, of Cal, spoke aga’ ma 4 ihe or bimself, and he ojher members of the ocralie pa: i Hove. F te im ith disobarge Thom fener Lorepao Thomas by the Supreme bites t) celaimed that that waa ade taratiog oa the coxirNcsD O8 tents race, me

Other pages from this issue: