The New York Herald Newspaper, March 14, 1868, Page 3

WASHINGTON Proceedings of the High Court of Impeachment. Hot Haste of the Managers. Radical Addresses of Messrs. Bingham, Butler and Nelson. Ten Days Allowed the President to Prepare for Trial. Brilliant Display of Fashion and Foreign Diplomats. ‘WASHINGTON, March 13, 1868. ‘The excitement in reference to the trial of the President culminated to-day, and Washington has been astir from an early hour this morning. Nothing Dat the impeachmenl trial was talked of, and the where and how to get tickets were the all absorbing questions of the hour. The Capitol, of course, was the centre of attraction, and long before eleven o’clock crowd had collected in the Rotunda and filled all the approaches to the Senate. The throng of ladies was quite large, each fair one holding in her hand the coveted card of admission; but there were some dis- consolate beauties who had come to the Capitol fondly hoping to get the necessary cards, who were doomed to walk from corrider to corridor, and failed to meet with any chance of success, ‘The mode of admission was very rigorous. Police- men of Washington in twos and threes were stationed at every door, and each card has to undergo a triple examination before being recog- mized as valid. The audience, as a consequence of the peculiar method of distributing the tickets, presented a very distingué appearance, the plebeian element, which usually resorts to the men’s gallery, being entirely shut out. More than two-thirds of the auditory were ladies—the créme dela créme of Wash- ington society. Outside of the Capitol on every side were groups of men leaning lazily against the pillars and projec- tions, and wondering if they lived in a democratic country, where none but the upper ten were admitted to the halls of legislation. ‘The darkies were unusually numerous, but not a solitary son of Africa succeeded in reaching the gal- lery. Every available inch of space on the floor of the Senate was occupied with light cane-bottom chairs, and in front of the President’s desk two tables were placed, one for the prosecution and the other for the defence. Seven seats were ranged about each, paper and a silver tray and a pitcher of water on top. The Senators’ desks occupy their old positions, When the Senate, on motion of Mr. Morton, re- solved to retire for private consultation on the ques- tion of granting time to ‘the President to prepare his defence, a scengof delightful and excit- ing confusion followed. Everybody on the floor of the Senate, which was thronged to its utmost capacity, ‘stood up and made a mechanical motion for the doors, and as each one moved in a contrary direction from his neighbor amid a bewildering labyrinth of chairs and desks “confusion more confounded” was the natural result, The galleries maintained comparative com- but the thirsty and hungry ones in the audience thought the opportunity a favorable oné for patronizing the restaurants in and around ‘the Capitol, and thitherward for physical consolation and mental variety fair ladies and gay and festive masculines wended their way. The Senators retired in a motley crowd, and left the floor to the curious ones from the House of Re- presentatives. These legislative bipeds distributed ‘themselves in all manner of groups and attitudes, talking over the event of the day. From the gallery came a loud and incessant buzz of conversation, which, mingling with the animated chatter from below, made a very Babel of verbal sound, The reporters’ galleries were especially moisy, the knights of the pen, upon receiving a re- ess from théir labors, running into all manner of extravagant ways of enjoying their leisure time. Lorgnettes came into extensive use among the ladies, and each opposing gallery scrutinized the other with unwearying assiduity. ‘There was a good deal of interest in the survey of ‘the distinguished audience at this time. Seldom has #0 much beauty, wealth and fashion been represented at one time at Washington. The array and variety of rich dresses and showy head gear furnieked a de- dightful picture to the eye, and the many animated and beautiful faces here and there wge ne little charm in the general feature of the scene. Of course the Managers of the House and the counsel fer the President came in for a large share of attendon. Thad Stevens was a particular object of observation, The old man sat in @ half re- clining attitude, his brow knitted and lowering, face of corpse-like color, and rigidly twitching lips and and searching and supernatural expression of eye. Looking down from the gallery on the “Great Com- moner,” he appeared, indeed, a strange and unearthly appartiion—a reclaimed remonstrance from the tomb—a “Daniel come to judgment’’—with nothing to indicate a fellowship with humanity, wrapt up in forbidding gloom and misanthropy; cold, remorse- less and relentless, the very embodiment of fa- naticisam, without a solitary leaven of justice or mercy. The high protruding cheekbones, colorless parchment skin, coarse black hair and attenuated lips gave him a close resemblance to one of these old Indian chiefs who has registered a vow with the Great Spirit of eternal hostility to the race of white men. A good many members gathered around him, but no amile or token of amiability ex- pressed itself on the old man’s face. There he sat, “gloomy and peculiar” indeed —the avenging Nemesis of his party—the sworn and implacable foe of the Executive of the nation. Butler was creased for the occasion in a swallow- tail coat and extra exposure of linen, radiant in ex- pression @hd keenly alive to the grand opportunity of making an impression on his distinguished audi- ence if not on the records of history. Logan, the dark and handsome Hoosier, kept modestly in the background. Bingham was less untidy in his ap- pearance than usual, and was eminently caim and dignified in his manner of address. Wilson, Bout- well and Williams demeaned themsetves quietly and like men impressed with the gravity and moment of the occasion. On the other side sat Stanbery, Curtis and Nelson, and one could not help observing how isolated they . seemed to be from the mass of the persons present on the floor. While the Managers of the House were surrounded in turns by congratulating friends, the three forlorn defenders of the President were left alone, Ishmaels, as tt were, in the throng of men. Poor Stanbery leaned his head upon his hand and gave himself up to reflection; Curtis leaned back and talked occasionally to Nelson, but all three seemed to have no link of sympathy with their surroundings. ‘The withdrawal of the members of the Impeach- ment Court from the chamber to the reception room in the north angle of the Senate wing of the Capitol, to consider and fix upon a day upon which the President of the United States would be required to present his answer to the charges of the House of Representatives, was pro- tracted long beyond the time anticipated by the party having the disposition of the question within their own control. Before the meeting of the Senate the more prominent Senators were busily engaged in canvassing those favoring impeachment, when it was very generally supposed that little diMcuity would be experienced in determining the question of time when brought before the Senate in secret seasion, ‘The fact, however, wae far otherwise. A strong effort was made to redace the limit for the auswer fo seven days, and ied to a lively controversy, Ten NEW YORK HERALD, SATURDAY, Two were thus consumed. During this delay a large crowd of Representatives and officials, as well as members of the press closely besieged the strongly guarded and the appearance of any of those within was the signal for 9 shower of interrogatories as to the pro- gress being made. In reply, however, the Senators were unusually curt and unsatisfactory. Shortly after four o'clock the impatience of the spectators was dissipated by,the reappearance of the Senate in the chamber of that body, when the result of the consultation was made public. ‘The interest Im the proceedings on the part of the representatives of foreign governments was evi- dent by the following gentlemen being present during the day:—Baron Gerolt, Minister of Prussia; Mr. Rangabee, Minister of Greece; Baron Wet- terstedt, Minister of Sweden and Norway; Sefior Sarmiento, Minister of the Argentine republic; Mr. Defoase, Minister Resident of Belgium; Mr. Mazel, Minister Resident of Nether- lands; Mr, Bille, Ohargé 4’ Affaires of Denmark; Mr. Bodisco, Secretary to the Russian Legation; Mr. Saint Ferrial, First Secretary of the French Legation, and Sefior Potestad, First Secretary of the Spanish Legation. And then, when the final decision was rendered by the Senate, that Andrew Johnson make answer on the 234 of March, a feeling of relief crept through the large and expectant assem- blage. Something definite was at length done, each one thought, and the trial, whether long or short, was certainly soon about to take place. The motion to adjourn was received with favor, and quite orderly and undemonstrative the audience dispersed, generally pleased with the entertainment. During the deliberations of the Senate in secret session Mr. Edmunds’ proposition to allow the Preal- dent twenty days to make answer was voted upon and received but four votes. It was understood during the proceedings of the Court of Impeachment to-day that Messrs. Bing- ham and Wilson would resist all attempts to extend the time of proceeding in the trial. The adverse vote, however, upon Mr. Bingham’s proposition to proceed forthwith, it is said, demoralized both those individuals, as it was expected that the measure would be supported, and, as a reserve, Ben Butler ‘was pressed into service, and made his few remarks, advocating prompt action on the report of the Senate, Affairs have been very quiet at the White House to-day. There was no admission of visitors on ac- count of the usual Cabinet meeting, which was attended by all the membets excepting the Secretary of State, who was represented by Mr. Frederick Seward. Mr. Stanbery and others of the President's counsel visited him during the forenoon, and were some time in conversation relative to Proaching trial It has not yet been deter- mined by the President as to who will form the addition to his present counsel; that will be decided upon probably during the coming week. Adjutant General Thomas, who has attended several of the Cabinet consultations recently, was not present this morning. Secretary Browning, after attending the mecting, repaired to the office of the Attorney General, for the purpose of engaging in any business there which might require his attention as the acting chief of that department. Judge Curtis and Hon. Henry Stanbery held long consultations this morning at the Attorney General’s office with reference to the proceedings which are now engaging their professional attention. The President will give the sixth state dinner of the season this evening, to which some fifteenor twenty members of the House of Representatives have been invited with thetr families, the ap- ‘The Show as Scen by One of the Critics. WASHINGTON, March 13, 1968, ‘The house fs full, the curtain up, and the show commenced at one 9” P.M. The Senate, by a Piece of legal suddenly disappeared, and the High Court of Impeachment presented itself to the eyes of the admiring gallery, Milled with the select of the capital and such fortunate strangers from afar as happened to have friends in court or sufficient influence to secure reserved seats, The audience was certainly brilliant, particularly the ladies, who verified the pre- diction of Dick Yates by coming to the exhibition in their very prettiest, and bearing upon stage and actors with looks calculated to make the latter forget the parts allotted to them in the pro- gramme. Yates, “Senatorial and judicial,” cast many ati ardent look skyward towards the galleries, and evidently enjoyed the realization of the fancy picture he painted a few weeks ago in the course of a discussion on impeachment in the chamber of the Senate... The stock company was very large, consisting of some fifty-four members, all in a row, and seated. ‘The star acters were eleven in number, to wit:—Chase, Stevens, Bingham, Boutwell, Butler, Wilson, Logan, Williams, Stanbery, Curtis and Nelson. There were two head aupes and scene shifters, Forney and Brown, who played their parts very well and elicited from some more applause than the great stars themselves. ‘The play was entirely new, and just produced for the first time on the American stage, after over a year’s preparation. It was‘called “Impeachment.” and was remarkably well cast, though the principal part, the President, was left out by particular desire, owing to imperfect preparation, The general plot is known to the public, and there- fore it is only necessary to point out some Mttle new dressings it has received latterly, aad to make allu- sion to the actors, their appointments, elocution, &c. Chase was dressed in @ long black gown, and occu- pied a sort of regal throne, from which he “spoke his piece” with great dignity and effect, though his tone was not always lound enough to be heard by the audience, and particularly the corps of critics assembled in a@ large private box just over his head, Chase promises to make a first rate performer, judging from his style to-day; but he should look to this little defect of utterance, and bear in mind that one of the tirst requisites of an actor is clearness of voice and strength of ditto. Without this he cannot hope for permanent success, He must make himself heard and felt in the perform- ance, Stevens, in the réie of Mephistophiles, showed some physical weakness, but over- came this defect by the intellectual force, thongh subdued and silent, with which he in- vested the character. He threw into it a large amount of diablerie, and looked his part diabolically enough to suit the taste of the moat critical. The fall powers of this great actor have not been completely developed yet. He will undoubtedly come out stronger on some future occasion, It is the intention of the authors to add some new scenes to the play which will will enabie Mr. Stevens to be seen to more advantage. He was dressed in a sable enit, and were ablack wig. At times he smiled sardonically and seemed to gloat over lis great “hit,” the biggest of the season, certain to draw for a long time and better than any for a number of yeara. Butler was rigged up lavishly, without regard to cost. His part was very smali—that of a disap- pointed Massachusetts statesman—but he played it to perfection. Boutwell, Wilson and Williams were also well got up, and performed capitaliy. Bingham, in the character of a first class spouter from the country, did not quite come up to expectation, owing, it was thought, to an unaccountable fit of nervous- ness, which he will not suffer to bother him on the next occasion. The best of performers sometimes get bothered. Logan was down for the heavy blood and thunder business; but the entire scene in which he was to have enacted the rile of grand hero, with an unheard of number of grand armies and navies at his back, was omitted to-day. The managers reserve the right to tack on this scene again should they de- termine hereafter that it will pay to do 80, Stanbery, inthe double capacity of ex-Cabinet minister and head counsel to a great criminal brought to trial, towered away above the other stars, and undoubt- edly made the highest sensation. He went at his part like a man in dead earn- est, not merely playing, and caused such an effect that most of the other stars were almost obscured, and the stock company became slightly demoralized, having to suspend the perform- ance for quite two hours to give time for recovery. The players accordingly withdrew to the green. room, and the avdience meanwhile buzzed and flut- tered as audiences always do during intertnissiona, As the minutes few, however, ile epectators be 7 ONT ube meee ens 2 rer ere eres MARCH 14, 1868.~TRIPLE came impatient, aad when, at the expiration of two Mortal hours, the actors returned the endu- ranee of the audience had well nigh been worn out. But the play. was resumed and concluded about five P. M., when it was announced that a repe- tition would be given in ten days, next Monday week. ‘While this play was going on in the Senate a broad farce was being enacted in another part of the Capi- tol, to wit: the House of Representatives, Most of the members had gone over to the other wing to witness the big show, but some who remained behind extemporized an entertainment for themselves. James M. Cavanagh, of Montana, took the Speaker's chair and called the House to order with mock gravity. Speaker Cavanagh called for @ prayer from Rev, Mr. Poland, of Ver- mont. Mr. Mungen, of Ohio, moved that Speaker Cavanagh treat the House to a drink, to which the latter replied that ‘‘no levity would be allowed, and that if the gentleman from Ohio per- sisted in the motion he would call him ‘Mungen’ by name.” A number of dreadful attempts at small wit followed, and Cavanagh finally abandoned the chair with the remark, “Oh, pshaw! You fellows don’t know how to conduct the Third House. We do it better in Montana.” SPECIAL CORRESPONDENCE OF THE HERALD. The Impeachment Question—Chief Justice Chase and the Radicals. WASHINGTON, March 12, 1868. ‘The lull that has ensued since the presentation of the summons to the President demanding his ap- pearance in person or by representatives before the bar of the High Court of Impeachment has given ample time for reflection and created a variety of speculations asto the final issue, The New Hamp- shire election—which was recognized by all parties as the political weathercock to indicate which way the wind was stirring—having blown over, and ite results accepted by the radicals as sufficient assurance that the popular sentiment will sustain them in their contemplated deposition of the President, the friends of the measure are in @ suitable frame of mind to carry out their pro- gramme, or at all events attempt to do so without a Moment’s unnecessary delay. There is a class of radicals who are not entirely satisfied with the result of their party triumph in New Hampshire, and argue if the people there wi 9 all in favor of impeachment would have been an overwhelming majority, when the truth is the party has been unable to hold its own. It was natu- ral to expect some expression of epinion: at least, if not of jollification over tne election, but pouring has been said or done to show any gratification al the result. Here, then, comes in the great question in the political mind—will the people sustain im- peachment? The inauguration sure, thot carried through here upon @ nigh tide of passion and partisan animosity, the effect upon the people appears to have been widely different, and as the wave reacts from the great masses of the People upon their Representatives here, afew days of reflection has had a material effect in tempering the bitterness of many of the supporters of the measure, and it is dvident many are looking back to their own part in the proceedi with some concern and laying ‘the way for retreat matters come to the wors' In order to keep pace with the importance as well as the solemn nature of the impending trial, great, preparations will be made for the due observance of every formula, It is already known that the Presi- dent has employed as his counsel some of the ablest representatives of the | rofession in the coun- try. With a knowledge of this fact, the managers of the impeacument on the part of both branches of the national Legislature are now busily engaged in pre- paring themselves for the grand tournament. The radicais are considerably exercised at the position Chief Justice Chase has assumed, and fears are entertained that the powerful arguinents of the Executive counsel will be less manageable than the rulings of the presiding officer. It is very generally believed among the radicals that the Chief Justice will maintain a conservative stand and rule out all exhibitions of partisan malice or purposes on the part of the prosecution. It is alleged that the action of the Chief Justice will be a card in view of his nomination as the candidate for the Presidency on the democratic ticket if he suc- ceeds in the programme laid out by the conservatives: in protracting the trial or defeating the conviction of the President. This, in connection with the antict- —— a in the cases now pending in the jupreme Court of the United States test the con- stitutionality of the Reconstruction acts, re much encouragement to the conservatives, and they express great hopes that tl will Gnd a valuable supporter of their cause in the Chief Justice. These indications have given rise to considerable anxiety on the part of the radicais, and the leaders are already caucusing among themselves to devise @ plan to thwart -~ purposes of this kind. They do Hot fail to express their opinions very deflantly, in the event of such a game being practised upon them. The most bitter of this faction say if the course of the Chief Justice does not accord with their views they have at least the resource of appealing from his decisions and submitting them to the sense of the court. But the pre- cedent already established in the appeal from the decfsion of the Chief Justice, on a former occasion, makes it doubtful whether they will succeed any bet- ter in the event of a repetition of the same course. A division of this nature between the Judge and the jur , instead of accomplishing any purpose of the rad- icals, will subserve the interests of the op) delaying the proceedings and probably drivin; im) rs to such lengths as to cast such upon their conduct as will present no very Battexing picture of the impartiality, justice or discretion 0! those favoring the measure, The conservatives see in a condition of things of this character their strength and brightest nope: and while — will assume an bf sg of indif- ference, trusting to the justice of the court, will not lose an opportunity to throw quietly every im ment in the -way of their oppo- nents and widen the breach which seems to be inevitable. Within the past week the change manifested by many members of the House of re- sentatives seems to indicate less ment from that body than was looked for. Hav! a themselves from the responsibility of furtl prose- cuting the measure than the adoption of articles of impeachment, they are now di d to throw the whole burden upon the Senate, while they will be Passive spectators of their action. ‘The predominating idea in the mind of the leaders is the perpetuation of party power and ascendancy, and for this purpose the most enthusiastic friends of the measure are willing and ready to wep ome to any means of accomplishing a triumph. This idea of vy and self-defence has already been so generally admit- ted that the radicals are keeping a vigilant watch on the movements of any one whom they have Teason to suspect will be found wanting when the final test is reached. The argument to meet such cases is that the failure to impeach the President will be equivalent to the utter ruin of the radical party, so the watchword is impeachment right or wrong. Those of the Honse of Representatives who have placed themselves on the record on the vote on the resolution of the House Reconstruction Committee, as well a8 upon the articles prepared by the committee appointed for the purpose of preferring chai mit this logic as a matter of ae but, for fear of con- tingencies unlooked for, qualify their assent by de- claring they have done their duty in arraigning Pre- sident Johnson for acts which they considered a vio- jation of the constitution and jaws of the United States. If the verdict of the court be adverse to their cl they have done no harm, and at the same time have not been backward in the performance of their duty as guardians of the liberties of the people. This species of self-sat- isfying argument is presumed to cover both sides of the question and will, it is thought, be @ sufticient assuraace to their constituents at home that their action was entirely prompted by @ remarkable pepe aces of the welfare of those who sent them ‘The lobbyists are in a lugubrious frame of mind over the impeachment movement, and are in favor, indif- ferentiy of either extreme, to knock the thing in the head at once or to rush it through at lightning speed. They reeive in the distance an entire suspension of ‘lezistation, and, asa Neo ing their operations will be en- tirely suspended. By prolonging the trial itis under- stood the remainder of the ion will be devoted to business of the most pressing nevessity, in order to admit of an early journment. To this course nee me exippentontly copes and it is not in the least doubtful will try their han or Way of pastiine in hurrying up the proceedings of the High Court of Impeachsoent. THE HIGH COURT OF IMPEACHMENT, Trial of President Andrew Johnson, Charged with High Crimes and Misdemeanors. Firet Day’s Proceedings. UNITED STATES SENATE CHAMDER, WASHINGTON, March 13, 1868, } The favored ticket holders to seate in the galleries commenced pouring into the Capitol by ten o'clock, and by eleven o'clock the ladies’ gallery was packed by as brilliant an audience as upon a full dress opera night. None were permitted to pass the Supreme Court door withont tickets, and guards were placed at haifa dozen points thereon to the entrance of the galleries. A heavy police force ia on hand, The roles are rigidly enforced, and hundreds of strangers, ignorant of the necessity of obtaining tickets, were tufned back disappointed. The Senators’ seats are arranged as before. In the open space in front of the President's chair are two long tables, each fur- nished with seven chaira. One of the tables ts in- tended for the Managers and the other for the coun: sel. Back of the Senators’ seats, and filling the en- tire lobby, are about two hundred chairs intended for the accommodation of members of the House, judictary and others entitled to be present on the oor. Senators Howard and Anthony were in their seats early. By half-past eleven o’clock half the Senators had appeared and ranged themselves in little knots discussing the momentous business of the day. It is noticeable that not a single negro is in the galleries; the section usually occupied by them is filled with ladies, There is no rush and no crowding of doors and aisles; everything is conducted with perfect order and decorum, ‘The Chaplain invoked a blessing upon those now entering upon this high and important duty and upon whom rest the eyes of the country and of the world, that they may be guided by divine wisdom, that all their acts may be characterized by justice and that this high court may be led to such a verdict as God will approve in the high court of heaven, and to which all the people shall respond heartily amen. At one o’clock the Senate suspended busingss and the President pro tem, announced that the Chair was vacated for the Chief Justice of the United States. The Chief Justice entered by the side door after a short pause, and the Sergeant-at-Arms made a pro- clamation in the usual form. ‘The Secretary of the Senate (Mr. J. W. Forney) then read the journal of the last meeting of the Court. During the reading a long file of the members of the House could be seen through the half-open door. On motion of Mr. Conxiine the reading of the articles of impeachment in extenso in the minutes ‘was dispensed with, At the conclusion of the reading, Mr. HOWARD, Chairman of the committee of seven, submitted the following, which was adopted:— Ordered, That the Secretary inform the House of Representatives that the Senate is in its Chamber and agers have put ppee. for the bie have been entirely misled by the reo) rT @ President) have construed the rule in the light of similar rules existing in courts orice, for instance in a court of equity. The order in the subpoena is to appear on & and answer the plea, But certainly it was never under- stood that they were to answer the plea on the day of their appearance. So it is in a variety of other legal pi ings; parties are summoned to appear on a certain day, but the day when they are to answer is either fixed by some general rule of the tribunal or there is to be a special order in this par- ticular case. Now here we find arule by which the President is required to ap} on this day to answer and abide. Certainly tl part of the rule which says “to abide” has reference to future proceedings and the final result of the and so as we have construed the rule or that part of it which relates to answer has reference to a future proceeding. We submit, therefore, as counsel for the President that the interpretation which is put upon the rule by the honorable members is not the correct one. Mr. WILSON, one of the Managers, said:—Mr. Presl- ready to proceed in the trialof Andrew Johnson, | dent, I desire to Goi in behalf of the Managers, that ident of the United States, and that seats are | we doe not see how it would be possible for the eighth provided for the accommodation of ita members. rule, adopted by the Senate, to mislead the respond- The Cur Justice directed the Sergeantat-Arms to attend to the execution of the order, and the Ser- geant-at-Arms then opened the door and an- nounced:—‘The Managers of the Impeachment on the part of the House of Representatives.” ‘The Managers appeared and by direction of the Chief Justice took seats at the table on the left of the Chair. Messrs, Stevens and Butler were absent. Mr. GRImEs suggested that the Senators who had not taken the oath be now sworn. ‘The Secretary called Messrs. Doolittle, Edmunds, Patterson, of N. H., and Vickers. Mr. Doolittle was not present. Messrs. Edmunds, Patterson and Vickers came forward and the oath was administered to them by the Chief Justice. ‘The Sergeant-at-Arms then subscribed to the fol- lowing affidavit, which was read by the Clerk:— The foregoing writ of bent tet vo to An- drew Johnson, President of the United States, and the foregoing precept, addressed to me, were this day served upon Andrew Johnson by delivering to and leaving with him copies of the same, at the Ex- ecutive Mansion, the usual place of abode of the said Andrew Johnson, on Saturday, the seventh day of March instant, at seven o'clock. GEORGE G. BROWN, Sergeant-at-Arms of the United States Senate. ent or his counsel. That rule provides that upon the presentation of articles of impeachment and the or- ganization of the Senate as hereinbefore provided, a writ of summons shall issue to the accused reciting said articles and aoe ie him to appear before the Senate upon a day and at a place to fixed by the Senate, and named in such writ, and file his answer to sald articles of impeachment, and to stand to and abide such orders and judgments of the Senate thereon. The rule further provides that if the ac- cused, after service, shall to appear, either in persoh or by attorney, on the day 80 fixed therefor as aforesaid, or, a] ing, shall fail to file hisanswer to such articles 0! jpeachment, the trial shall pro- ceed, nevertheless, as upon a plea of not guilty. ‘Mr. SHERMAN moved that the day for answer be fixed as April 6, a oe Mr. BUTLER asked to be heard on behaif of the Managers, and asked why railroad should not be used on this trial. He said railroads and tele- cae could be used for bringing witnesses, &c., and affected all the business of life. He contended that the rules and precedents of ordinary courts were not applicable to this trial. In ordinary trials no danger resulted from delay. In this case the neces- sity for prompt action was pressing. The respondent at the bar controlled the power of the nation, and might, in any moment of passion, prejudice or wrong, use it for the injury and ruin of the country. The business of the War Department would stop until the result of this trial was reached. The pulse of the nation beats in perturbation while the trial goes on, He claimed that an earlier day should be fixed for the defendant's appearance, and if then he can show that he has not had time to prepare, grant The Curer Justice—The Sergeant-at-Arms will | nim the indulgence of further time. He said the de- call the accused. fendant knew on the 22d of February what he would The SERGEANT-AT-ARMS (in @ loud voice)—“An- | have to do, and he had had had fourteen days longer time for preparation than the managers. He re- marked that It could not be said hereafter that the charges brought were frivolous, because the accused says they are so grave that he will need forty days to prepare an answer to them. The learned counsel, in the professional statement submitted to the Senate, refer to the cases of Judge Chase and Jud; Peck, and I pragume that in the examination of the records of these cases the attention of counsel was directed to the rules adopted by the Senate for the government of its action on the argument of those cases. By reference to the rules adopted by the Senate for the trial of Judge Peck we find that a very material change has been made by the Senate in the adoption of the present rule, The rule in the case of Judge Peck being the third rule, prescribing the summons, and required that on a day to be fixed the respondent should then and there appear and answer, The same rule was adopted in the Chase case; by the present rule in these cases the words to which { have called the atten- tion of the Senator, that he shall appear and file his answer to said articles of Ue AME re | and that, appearing in person, he shall fail to file his answer to such articles, the trial shall proceed nevertheless, as on a plea of not guilty. I submit, therefore, Mr. President, that the change which has been made in the rules for the government of this case must have been made for some good reason; what the reason = have been may be made a subject of discussion in this case hereafter. But the change meets us on the presentation of this motion, and we therefore, on the part of the House of Representatives, which we are here representing, ask that the rule adopted by the Senate for the government of this case may be enforced. It 1s for the Senate to say whether the rule shall be sustained as a rule to govern the case, or whether it shall be changed; but standing as a rule at this time, we ask for its enforcoment. Mr. STANBERY said:—The action taken by the Man- agers is so singular that in the whole course of my ractice I have not met with an example of it. The resident of the United States, Mr. Chief Justice, is arraigned on impeachment by the House of Repre- sentatives—a case of the greatest magnitude that we have ever had—and it 1s too grave to he treated as if it were a case before a police court, to be put through with railroad speed on the first day of the trial. Where do my learned friends find a precedent for calling on the trial on this day? They say—“We have notified you to appear here to answer on a given day.” We are herey we enter our appearance. As my learned ther, Mr. Curtis, has sald, have used precisely the language that is used in @ subpoena in chancery; but who ever heard that when a defendant in chancery made his appearance he must appear with hia answer, ready to go on with the case and must enter on the trial? Of course we come here to enter our appearance; we state that we are ready to answer; we do not wish the case to go by default; we want time—reasonable time—nothing more. Consider that it is but a few days since the ident was served with the summons; that as yet all this counsel are not present. Your Honor will observe that of five counsel who —_ this professional statement two are not and could ry be pres- ent, and one of them, I am sure, ig not e city, Not one of them, on looking at thesé non BGS drew Johnson, President of the United States! Andrew Johnson, President of the United States! Appear and answer to the articles of impeachment exhibited against you by the House of Representa- tives of the United States.” The doors were thrown open at this point and every eye was turned that way for a moment, but Mr. Butler alone entered and took his seat with the other Managers, Senator Jonnson rose and said something in a voice inaudible in the gallery, whereupon the CHIEF Justice said:—The Sergeant-at-Arms will inform the counsel of the President. ‘The President's counsel, Messrs. Stanbery, Curtis and Nelson, were ushered in at the side door and seats at the table to the right of the chair, Mr. Stanbery on the right, the others in the order named. Mr. CoNKLING offered the following by direction of the committee in order, he said, to correct a clerical error:— Ordered, That the twenty-third rule of the Senate for proceedings on the trial of impeachment be amended by inserting after the word “debate” in the second line, the following words:—“subject, how- ever, to the operation of rule seven,” so that if amended it wiil read as follows: Twenty-third—All the orders and decisions shall be made and had by yeas and nays, which shall be entered on the record, and without debate, subject, however, to the rule of seven, &c. Rule seven provides that the presiding oMcer may in the first instance submit to the Senate, without a division, all questions of evidence and incidental questions, Mr. ConkLING explained that such was the original intention, but that the quaiifying words were acci- dentally omitted. ‘The order was adopted. At twenty minutes past one the Sergeant-at-Arms announced the members of the Heuse of Representa- tives, and the members entered and. digtributed themselves as far as possible among the chairs,and sofas not already occupied by those having the entrée to the chamber under the rules. Many, how- ever, did not find seats at once. Mr. STANBERY then rose and said:—Mr. Chief Jus- tice, my brothers Curtis, Nelson and myself are here this morning as counsel for the President. I have his authority to enter his plea. By your leave I will proceed to read. Mr. STANBERY read as follows:— In the matter of the im chment of Andrew John- son, President of the United States:—Mr. Chief Jus- tice, I, Andrew Johnson, President of the United States, having been served with a summons to ap- ted that if was the intention to bri ar before this honorable court, sitting as a Court of pethis day. Ny éMadeehaict fon outros the impeachment, to answer certain articles of impeach- | other side to say, “Read these rules according tothelr ment found and presented against me by the honor. | jetter and you must goon.” Ifthe gentlemen are righ’, able the Honse of Representatives of the United | if we are here to answer and to go ou with te trial to-day, then this is the day for the tr.” But States, do gi Bong 4 my appearance by my coun- article nine says, “at half-past twelve o” c's a pa sat sel, Henry Stan! pA Benjamin R. Curtis, Jeremiah S. Black, William M. Evarts and Thomas A. R. Nel- the ted for the return ~ - son, who have my warrant and authority therefor, Siuseel oe pers mn {impeached y of the #mmons - who Ie Lapwdinanaeck | od 7 wae this a the return A ‘and not th ata Sane ay that this is able court for a reasonable time for the preparation according to "2°, i managers of my answer to sald articles. Aftera pots exami. | iu weg rding tO ae ietier of We eighth rule this is the trial day tt o'), and that we must go on and ie our te pe, oF “ed without answer the court shali enter ‘ath ap ony aan oe a and once, tl is the retw nd not the day of triai. The tenth Tale says:—‘Phe person impeached shall be then calied to appear and er.” The defendant ap- pears to answer; states his willingness to nation of the articles of impeachment and consulta- tion with my counsel T am satisfied that at least forty days will be necessary for the preparation of my an- swer, and | respectfully ask that it be allowed, ANDREW JOHNSON, Mr. STANBERY—I have also a pfofessiona: atatement in support of the application. Whetuér it is in order to offer it now the Chair will dectde. rule. pays ee Pe ewe q bye = ‘The Cine Justice—The appearance will be consid- | the or appointed for the trial.” That is not ins ered as entered. You can proceed, day. This day, Which the managers would make the Mr. STANBERY again read as follows:— In the matter of the impeachment of Johnson, President of the Tenited Bates: envy Stanbery, Benjamiu R. Curtis, Jeremiah 8. Black, Willian M, Bvarts and ‘Thomas A. K. Nelson, of counsel for the respondent, move the court for’ the allowance of forty days for the preparation of the answer to the articles of impeachinent, and in sup- post of the motion make the following’ statement:— ‘he articles are eleven in number, involving many questions of law and fact. We have, during the limited time and opportunity offered us, considered as far as possible the fleld of Investigation which must be ex- plored in the esparation of the answer; and the conclusion at which we have arrived is that, with the utmost diligence, the time we have asked is reasonable and necessary. The precedents as to time for ans on tinpeachment before the Senate, to which we have had qestmeny to refer, are those of Judge Chase and Judge Peck, In the case of Judge Chase time was allowed from the 6d of January until the 11th of February next succeeding to put in his answer, @ period of thirty-two days; but in the case of Judge Peck there was but a single article, Judge Peck asked for time from the loth to the 26th of Ma first day of the trial, is in the Senate’s own rule put down for the return day, and there must be some Gay fixed for the trial to auit the convenience of the par- ties, so that the letter of one rule answers the letter of another rule, But pray, Mr. Chief Justice, 18 it not possible that, under the circumstances, we are to be caught in this trap of the letter? As yet there has not been time to prepare an answer to a single one of these articles. As yet the President has been engaged in procuring his counsel, and all the time occupied with so much consuitation as was necessary to fit the shortest time, when, in our judg- ment, we will be ready to proceed with the tri Look back through the whole line of impeachment cases, even in the worst times; go back to the Star Chamber, and everywhere you will find that even there English fair play prevailed. This is the first instance to be found on record anywhere where, on appearance day, the defendant was requii to answer iinmediately and proceed with the trial. We have not @ witness summoned; we hardiy know What witness to summon; we are entirely at sea. Mr. Chief Justice, 1 submit to this honorable body whether we are to be caught tn this way, “Strike, but hear.” Give us the age! that men have in common civil cases, where they are aliowed to put in his answer it was ted. | hardiy leas than thirty days to answer, and mos! C al for | ble time, an in We shal ared for his im achment, a&d had been present before the | and for the sentence of the cour watever ft ae committee of the House upon the examination of th witnesses, and had been permitted by the House of Representatives to present to that ly an elaborate answer to the charges. It is apparent that the Presi- dent is fairly entitled to more time than was allowed in either of the foregoing cases, and it is proper to add that the respondents in those cases were law- yers, fully capable of preparing their own answers, and that no pressing oficial duties interfered with od pepe Ly business; wi the lent, not being a lawyer, must The chai involve his i tions, as vrepciniion consultation with him, be. The Cnrer Justice, rising, sald:—The Justice vee state, at the start, that he Po barrassed the constraction of the rules. The twenty-first rule ptovides that the case, on each side, may be opened by one person. He understands that aa referring to the case when the evidence and the case are ready for ment. The twentieth rale Vn that all prelt ~a1 or interlocutory questions and all motions shall argned for not exceeding one hour on each side, unless the Senate Intended {o, abpiy vo the: whole argument of see i¢ whol rm age hy argument on arguments of each Inay pi oa ae his defence, It is addrese the pl a is @ question which tho Gui Baby . constant comm between | Justice is at @ lose to solve. In the present case he be saleien can only be heh oy yet such com- | has allowed the argument to proceed withont at- ure allowed to the Presid ha te eae otherwise he wil Ls ie lent hours that mast be devoted to his nigh omc duties, for t} We further beg leave to Sepeennticn | ridged tit soe tadaccit was not my Purpose, when 1 under the rule of this honorabie court that as counsel, careful as to in ' rescribed by the sreH, of tele own reputation ax of the {ntereata of | appiieation which Tight We made forthe extensiny out of the ordinary “range Tot oreteeaioiet | Ont hha aatne reparation for the trial, The ly object I had in view, Mr; President, was to se flue ater ene, Much fesponsipuity 16 whainer the Benate were disposed to abide uy Ite oan e canaid consideration of the ere rules, and by Hand J the question, to remind whe re oF What they do know, that, in thle pro- t they have @ right to asx for semscves was:—‘We are not to consider the qu tually 13 or the trial or the time of the trial until a pies Front. because, as his lordship very well remark it may happen that no trial will be Foqnined.t Pe chance you may plead guilty to the indictment, and so the rule before us contemplated. The last clause of it provides that if the defendant appear and shall plead guilty there may be no further ceedings the case, no trial about it. Not! would remain to ment under the constitution. It to talk about the trial when we have an ‘The rule is a plain one, a pe one, and I oned for saying that I fail to perceive rules ten and eleven, to which the learned have referred, which in any kind of cons can be applied to limit the effect of the wi rule eight, to wit:—-'That if the party fail to appear, either in person or by counsel, on the day named the summons, the trial shall proceed as on the plea of “Not guilty;” and, further, that, if failing on the day named in the summons, either in person or by attorney, to answer the articles, the trial never- theless proceed as on a plea of ‘Not guilty.” words are plain in written law there is an end of construction; they shall be followed. The mana~ hy so thought when pied appeared at this bar. Il that they ask is that the rule be enforced, not postponed for forty a, be met at the end of that time, perhaps, with a dilatory plea and @ motion “if you please to quash the articles,” or with, @ question raising the inq whether this is the Senate of the United States. It seems tome, if] may be pardoned in making one other remark, that in prescribing both these rules, that the summons shall issue to be returned on a day certain, given, os in this case, six days in advance, it was Intended thereby to enable the party on the day fixed for hig 8. ale 5 appearance to come to this bar and make his answer, to these articles. I may be joned for say! fur- ther, what is doubtless known to every one within the hearing of my Voice, that technical rules do in no control or limitor temper the action of thie ly; that under the plea of not guilty every conceivable defence which this can make to these articles, if they be lew at all, if they be preferred by a competent tribunal at all, can be attempted, why, then, this delay of forty days to draw up an answer? What we desire toknow on behalf of the House of Representatives, by whose order we appear here, is whether an answer is to be filed in accordance with the rule? and, if it benos filed, whether the rule itself is to be enforced by the Senate and a plea of not guilty entered upon the ac cused? That is our inquiry. It is not my purpose to enter on the discussion at all as to the postponing of the day for the progress of the trial. My desire 1s for the present to see whether, under this rule and by force of this rule, we can obtain an issue. ‘The Cu1zr Justice—Senators, the counsel for the President submit a motion that forty days be allowed for the preparation of his answer. ‘The rule requires that, as every question shall be taken without debate, you Who are in favor of agreeing to that motion say aye. Senator Epmuunps, rising, said—Mr. President, on this subject I subinit the following order:— Ordered, That the ndent file his answer to the articles of hinpeachment on or before the. Tat day of April next, and that the managers of impeachment file their replication thereto within three days thereafter; and that the mater stand for trial on Monday, April 6, 1368, Senator Morton—I move that the Senate retire for the purpose of consultation, Mr. Bingitam—I am instructed by the managers to request that the Senate shall pasa on the motion under the eighth rule and reject the application to defer the day of answer. ‘The CuizF JusTice—The Chief Justice will recess nize the motion of the Senator from Vermont (Mr. Edmunds) as an amendment to the motion submitted by the counsel for the President. ‘Senator ConKLING—What is to become of the mo- tion of the Senator from Indiana (Mr. Morton)? Senator SuMNER—What was the motion of the Senator from Indiana? Senator CONKLING—That the Senate retire for the purpose of consultation. Senator SUMNER—That Is the true motion. The Chief Justice put the question and declared it carried, and the Senate then retired from the Cham- ber at two o'clock P. M. ‘The galleries thinned considerably, while the court held a long consultation, and the floor presented very much the appearance of a country cours house when the jury had retired and *the court was in recess, not half the House and other occupants remaining, and they scattered in knota among the Senators’ seats and elsewhere; the Manayers meanwhile, occasionally, consulted or pored over books bound in law calf, Mr. Steveng discussed with ap} mt relish some raw oysters brought him from the ego 4 Mr. Wade was on the floor during most of the time occupied by the consultation, Ab n minutes past four o'clock the Senators re-entered and took thelr seats. When order wad restored the Chief Justice sald:—The motion made by counsel 1s overruled, and the Senate adopts the order which will be read by the secretary. ‘The SECRETARY read the order as follows:— Ordered, That the respondent answer to the articles of im- peachment on or before the 23d day of March instant, Mr. BrxeHamM—Mr. President, I am instructed by the Managers to submit to the consideration of the Senate the following motion, and ask that it may be bi by the secretary. oO ¢ SECRETARY read as follows:— ‘ That before the filing of replication by the ¥, Sere Tit wee sneon ot hanrseenmantven toe! ¥ aha. Kndrew Johnson, President of the ‘United Btatcs, % the sath Sigecat enka 7 Tee ‘The CHair put the question and sa’ peared to have it, but the yeas an”, Pgh St inanded, and called with the folle wing result:— Conneen, Corbet Drake, Perr ene, Coley Coping Nye, Patterson o} ag lorgany beg ooor oene erg ~lacn, Wilson tha Yat da, Pogsend “ORY, Buckalew, Davis, Dizon, 9 “an; Fotdien Proflaghuyseny’ Grimes, Ae dota ‘Howe, Johnaony McCreery, Mofrill of | Petinan, Moan’, ‘Trumbull, Van Winkle, Vickers and So the Oger was not agreed to. Mr. Wade did not, VO a men, ° Wg owt order, enator Samrwan one. 2 2°. v4 pd if — ment which was read:- Ordered, That the trial of m rien on the ih day ot apelin bse ~ nator HOWAKD—I hope not, Mr. Presiden?. 4 Senator WILSON moved to amend by maki first instead of the sixth of April next. acta Mr. BUTLER—I would like dent of the Senate if the Mai | is opinion thas. the Managers have a right to be heard. zi Mr, BUTLER—Mr. President and gentlemen Senate, however ungractous it m: ny on fy of the Managers representing the House of Represen-! tatives, and thereby representing the people of the. and by their command, the peace interests of the peopie—all seem to should urge the speediest possible trial. reasons why the trial is sought to be delay learned counsel who appear for the accused have” brought to the attention of the Senate p early days. We are told that railroad g) c to be used in this trial. Sir, why not? Railroads have affected everything else in this world; tele- graphs have brought paces together that were tho sands of miles apart; it takes infinitely less time, tr may use so strong an expreasion, to bring a witness from California now than it took to send to Philadel- phia for one tn the case of the trial of Judge Chase: and therefore we must not shut ous eyes to the tack, to Am that there are railroads, and there are tel jive the accused tie rivil a fis counsel together all oo geting ant swers from any witnesses that he have Summoned and to bring them here. It should have. it, bmit, is not to be overlooked, iroads and Ls cho have cha the order of tua Io every other business of life we that fact. Why should we not in this? fro: which is but an incident—a detail, allow me to suggest that the ordinary court of lice, the ordiuary delays of courts, the ordinary ime given in ordinary cases for men to answer when, called before courts of justice, have no application to’ this case; not even, sir, when cases are heard determined before the Supreme Court of United States are the rules applicable to thi for this reason, if no lar case, other, fat ween ordi triala are had—when . nary questions are examined at the bar of any court of justice, there is no danger to the com- monwealth ' blic Mm: in a, dyer revenite Sethaee no £E i detriment if the tri ed. accused: time interferes with not '. Eve 1m indulgence Howse of Wepene ves re presented at ine of resen bar of the Senate, in the most solemn gy ar} Fat jCughed its tn echanlioo nat he ir en et , wer that does es belong to him. he is at the same time one teal A an solem: Le here the Congress of the United and iat he we poses #0 todo. Sir, who is the eriminal?—1 par. tou of the coungel for the respondent. lie the Chief Fxecutive of the mation, When {[ have said that! have taken out from all rule this trial, beeause, I anit with deference, sir, that for the nrat time inthe history of the world has a nation CONTINUED ON SEVENTH PAGE,