The New York Herald Newspaper, March 25, 1868, Page 3

’ WASHINGTON THE TRIAL OF THE PRESIDENT. The Replication of the Im-. peachment Managers. Refusal of the Court to Grant the President Thirty Days to Prepare His Defence. The Trial to Proceed on Mon- day Next. WASHINGTON, March 24, 1898, The Impeachment Trial. ' ‘The impeachment entertainment was well attended to-day; the audience was select and fashionabie, yet gay and festive in appearance. There was a smaller show of beautiful faces than on yesterday; staid and matronly looking females were at a dis- count, and the bright ribbons, &c., were Interspersed with a good deal of the sombre and 4 sorious. No rush for seats occurred, though every seat was occupied. The ticket business ‘Was a tame affair, so tame in fact that Senator Sher- man proposed to suspend it altogether and let the plebian crowd come in without let or hindrance. An audience of crowded facesseemed to be desired and the ticket arrangement, if persevered in, might have the effect of leaving empty benches for the Grand ‘High Jury toiook upon. Of course Sherman’s propo- sition was laid over, because next Monday, when the trial really commences, the interesting female relatives of Congressional members will de- sire to be present and the common crowd of humanity, especially of the Ethiopian shade, must be shut out, ‘The latter can select any other day after everything ‘worth seeing and hearing is disposed of, and the Senate will kindly ailow ordinary mortals admission without the necessity of tickets. Cause of Tpdge Black Cegsing to Be Ono of 7 the President’s Counsel. « T am authorized to state that itis not true that Judge Black advised the President to resign; nor is it true that hé ever expressed any doubts about the rth af ihe defence. He has, and has always had, ‘the fullest confidence that the’President would he ac- quitted if he gota fair hearing and a decision ac- Teording € thé Taw Wha thé’ eects. Nor is it true that Judge Black ever differed in opinion from the other counsel of the President ‘or had any controversy with them. ‘The despatch in a Baltimore newspaper of thig morning is, as Judge Black asserts, totally untrue in regard to the Alta Veta case. The Dominicans never pre- tended to have any claim to that isiand. The Ameri- can owners, he says, were there under a title clear, unquestioned and undisputed. The outrage of driving them oi when their force happened to be ‘weak and there was no American vessel in those ‘waters to protect them was a naked wrong which the perpetrators never tried to excuse by alleging a title in themselves. But Mr. Seward set up a title for them, and for several years, by one device and an- other, he prevented the truth from appearing ina tangible shape. The delay caused the Dominicans to suppose that the United States would never vindi- cate their honor or the rights of their citizens, and Tecently, under the encouragement of Mr. Seward, they began to sell the gnano. Mr. Seward’s defence of them is one which they never would have set up for themselves, and which they did not even adopt when he made it. When the President, seeing the case, but acting under the influence of Mr. Seward, refused todo the justice which the owners had a right to expect, Judge Black, finding his friends, clients and partners determined to proceed and take other measures to secure their rights and expose Mr. Seward’s conduct, told the President that he found himseif so situated that he could only relieve himself from unendurable embarrassments by ceasing to be one of his counsel; and he claimed to ‘be released from his obligations as such, assuring the President at the same time that Le was much grieved at not being able to serve him longer in that capacity. I further understand that Messrs. Thaddeus Stevens, Bingham, Butler, Logan, Garfield, Blaine and other prominent republicans having expressed very decided opinions ‘of the President’s duty in regard to the Alta Vela ase, it seemed probable that Congress might take some measures which would bring the interests of ‘Judge Black’s clients and those of the President into confliet. To avoid such a contingency the Judge asked to be relieved from further service as counsel in the impeachment case. General Morgan, of Ohio, to be Ousted from His Seats A report was in circulation to-day and telegraphed abroad that the Committee on Elections had voted to retain General Morgan, of the Thirteenth Ohio dis- trict, in his seat. This was an error. The commit- tee, by a strict party vote—six republicans (Mr. ‘Shellabarger being absent) against two democrats— fhave resolved to report in favor of giving the seat to {Columbus Delano, the contestant. They say he was yelected by eighty-two majority. It is not probable the report will be made until next week. Confirmations and Rejections by the Senate. -} The Senate, in Executive Session to-day, con- ‘firmed the following nominations: } John R. Drabell, Assessor of Internal Revenue, Second district of West Virginia; Lemuel D. Evans, Mector of Internal Revenue, Fourth district of xas; Charles Robinson, ‘of Vermont, Consul at is x} | The Senate also confirmed about one hundred om- ‘ers of the Navy for promotion. + The Senate rejected Augustus Bradicy, Assessor of lernal Revenue for the Second district of Indiana; wid M. Mills, Assessor of Internal Revenue for Dakota, and James W. Snyder, Assessor of Twenty- fourth district of New York. Treatise Sent to the Senate. It is understood that two treaties with Italy have Fecently been sent to the Senate, | Reorganization of United Circuit Courts, ‘The bill introduced in the Senate yesterday by Mr. Cole to reorganize the Circnit Courts of the United ‘States provides that hereafter each Circuit Court shall consist of one. Judge, who shall reside in the ‘circuit and be calied a Cirenit Judge, and who shall be appointed in the same manner, hold office by the same tenure, and receive the same compensation as District Judges, Ail acts authorizing the District Court Judges or Supreme Court Justices to hold the Cirenit Court are repealed. Reorganization of the State Department. The bill to reorgarize the State Department and to reduce the expenses thereof, introduced in the Senate by Mr. Wilson, provides that the department shall consist of a etary, with a salary of $8,000; an assistant secretary, with a salary of $8,500; achief clerk, at $2,200; three heads of divisions, at $2,000 each; thirty clerks of various classes, and fourteen other employés, all of whose duties are minutely pre- scribed, The Passport Clerk is required to admin- ister gratuitously oaths in proof of citizenship. The fee for certified copies of passports and amnesty oaths is fixed at $5. The secret service fund is abol- ished in time of peace, and during its continuance ‘The President's approval shall not be a sufficient voucher for any money expended from the funds of the department. It is also provided that it shall not be Jawfal for the Secretary of State to fill the office of Chief Clerk or to replace the heads of divisions by new appointments, but only by promotion. Prevention of Frauds in the Treasury Depart- meut. ‘The Secretary of the Treasury, in reply to a reso- Jution of the House as to the regulations for prevent- ing and discovering frauds in the printing and issue of postal and fractional currency, enclosed to that body the report of Mr. Clarke, the superintendent of the printing division. The latter gives an account of the mode of transacting the business, and says that with the delivery of the currency to the Treasury of the United States the responsibility of the division ceases, and the responsibility is then as. sumed by the Treasurer, Under ihe practical opera NEW YORK HERALD, WEDNESDAY, MARCH 25, 1868—TRIPLE SHEET. CaO * tion of this system up to the present time there has been manufactured $83,000,000 of fractional curren- cy, involving the handling many times over of twenty-seven millions of sheets, and pro- ducing $44,000,000 of notes, without the loss to the government in that division of a single note of any denomination. General Spinner, in his response, says:—Frauds on and after the delivery of the cur- rency to the office, except by outright stealing, could only be perpetrated by collusion with employés of the printing division and the Treasurer's oifice, As no frauds in this respect have been committed in this office, none have been detected. The Land Office—Titles Confirmed in Cali- fornia, ‘The Commissioner of the General Land Office has received from the Surveyor General of California a return of the survey of the following private land claims founded on Mexican grants before the acqul- sition of Californta by the United States:—Rancho Ornochumnes, confirmed to Catherine Shelden e¢ al. containing 18,661 86-100 acres, situated in Sacramento county, on the Consumes river and contiguous to the rancho San Juan de los Moquelumnes, Los Ojitos rancho, confirmed to Mariano Soberanes, containing 8,900 17.100 acres, situated in Monterey county, ad- joining the ranches Piogo, Milpitas and Pleyto, The cages are returned with a view to the obtaining of patents, and will be acted upon in the regular course. Important Decision of the Supreme Court. The Supreme Court of the United States nas de- livered an opinion affirming the decision of the Su- preme Court of Connecticut in the case of the Society for Savings against Gabriel W. Corte, treasurer. The society, on the Ist day of July, 1863, having in- vested of its deposits a half million of dollars in the securities of the United States, deducted that amount of its deposits and duly paid the treasurer the tax on the balance, The treasurer insisted and demanded that the socicty should account for and make payment of a tax on the full amount of deposits, which the plaintiff in error refused to do, Upon the case being submitted the Superior Court held that the society was bound to pay taxes on the full amount, and upon error this judgment was aflirmed by a majority of the Supreme Court of Errors. It was not claimed on behalf of the State that its government may rightfully tax the securities of the federal government. The prin- cipal question in the case was whether the statute of Connecticut as sought to be enforced by the Treasu- rer imposed a tax upon the securities. ‘The Supreme Court of the United States, Mr. Jus- tice Clitord (lelivering the opinion, held that this was a society simp.’ for receiving deposits and paying interest on the imouey invested. That a tax upon the deposits held by a Savings bank Is not a tax on the securities in which they m&y be in- vested, for the tax upon the deposits accrues whether they are invested or not. Mr. Justice Milley’ dissented from the opinion for the reason that this tax was only a tax on government securities in another mode, @ Cases inthe Supreme Court. The following cases were taken up in the Supreme Court to-day:— No. 122—United States vs. Mart. Appeal from tha Supreme Court of New Mexico. Argued. . ~ No. 121—United States vs, Gilleit. Appeal from the Supreme Court of the Sathe Territory. Argued... No, 115—The United States vs. Gillon et al. Appea from the Court of Claims. Argued, No, 125—Gordon et al. vs. United States, Argued. No, 128—Smith et al. vs. Cockrell, Argued. No, 129—Steamship James Battle vs. United States. Argued, Aimy Bulletin. Special orders No. 66, just issued by command of General Grant, directs that General L. 0. Eaton, De- puty Quartermaster General, will proceed to St Louis, Mo., and temporarily take charge of the duties of the Chief Quartermaster,s Military Division of Missouri, until the return of Brevet Major General J. L. Donald- son, or until some other ¢Micer is assigned as Chief Quartermaster of that division in place of General Donaldson, Brevet Brigadier General G. (, Card, by the same order is directed, in addition to his present duties as Depot Quartermaster at For, Leavenworth, Kansas, to take charge of the office of the Chief Quartermaster, Department of the Missouri, and attend to its duties during the absence of General Eaton. Naval Bulletin. Captain John De Camp, of the United States Navy, has been placed on the retired list. ‘The following midshipmen have resigned:—Win- fleld Gwinn, C. S. Richardson, Nelson A. Pinckney, Frank L, Clark and T. A. Kauffmann, SPECIAL CORRESPONDENCE OF THE HERALD. Speculations on the Issuc of the Impeuchment Trial—The Radical War on Chief Justice Chase—Radical Deviations in Support of Ime peachment=The Squabble for Tickets to the National Exhibition. WASHINGTON, March 22, 1868, The absorbing interest felt in the great impeach- ment trial seems to increase. All the legal works that have the slightest bearing upon the method of proceeding in cases of impeachment, and which hitherto have been regarded as too dry and dusty for the perusal of any but professora of the abstruse science of John Doe and Richard Roe, are now eagerly sought after and perseveringly studied. People who never could be brought to comprehend the simple process of habeas corpus now talk learnedly upon the nice points of law involved ina trial of impeachment. Book stores display large placards informing the public that they have on hand full and accurate descriptions of the trials of Warren Hastings, Judge Peck, Judge Chase, &c. The constitution of our country was never before so assiduously studied and so diligently thambed as it is now to acquire a thorough knowledge of its pro- visions, especially those parts of it which the terrible articles of impeachment charge Andrew Johnson with having violated, This popular thirst for knowl- edge on the supreme law of the country, whichever way the trial of President Johnson may be decided, cannot failto have a beneficial effect upon the citi- zens of the United States. The nature and princi- ples of our government will be better understood, and the judges who are about to investigate the charges against the President of the United States, and who are expected to pronounce guilty or not guilty, according to the belief that may exist in their minds, after hearing the evidence on both sides of the question, and having the laws, pro and con., ar- gued by the best lawyers in the land, have great need to Jook well to it that, in pronouncing their verdict, they are influenced by nothing bug the law and the evidence, They cannot fail to see that they must be controlled by no other motives than the desire to mete out the strictest justice, for the country at larze is searching out and digesting the law that governs the case, will listen to the same testimony that is given inthe Senate chamber, will read the same legal documents, and will form its own opinion as to the quilt or innocence of the distinguished prisoner at the bar. 4 Rumor, of course, 1s still busy with the present views and opinions of Senators, and a dozen times a day, perhaps, it is proved by some garrulons poli- ticlan, Who assumes to have confidential relations with different members of the Senate, and is, there- fore, well posted on the subject, that the President is certain to be deposed; and the same authority just as frequently proves conclusively that such a result is an utter impossibility. Having listened to the arguments of the before- mentioned well informed individuals, and having made as close and careful an inquiry into the predi- lections of Senators as is possible under the circum. stances, your correspondent is convinced that not only is ft impossible to foretell the finding of the court or the disposition of all the Senators, but that to attempt to define the position or to record the de- cision of each of the Senators before the case is tried is an act of injustice towards a jarge Proportion of them. Certain of the democratic Senators may be safely counted now as sure to vote against convic- tion, and @ lat number of the radical Senators may be as safely included among those who will vote for it; but the greater number of the members are far too deepiy impressed with the solemnity of the trial they are et and its vast importance in Can | the destiny of our country to act Haney in any matter connected with it, or to permit thelr judgment to be biased by party considerations, These men will certainly en- deavor to sift truth from error, will {adge of Andrew Johnson's acts as charged in the articles of impeach. ment in a spirit of fatrness, to discover whether they were committed from a firm conviction on his part that he was but discharging the duties imposed upon him by the constitution, or whether they were the efforts of an ambitious demagogue to thwart the intentions of Congress in order to further his own views and the interests of an bi dorm party, The reported views of Chief Justice Chase on the impeachment trial are forming a very interesting topic here at this present time. The radicals believe they have seen enough in his conduct since the time his communication on the character of a High Court of Impeachment was read in the Senate to convince them that he is in direct opposition to them; although none but extreme radicals have this clearness of viston, Others regard (he acts of Che Chie: justice as ouiy those of a presiding judge who desires that his om- cial conduct shall be such as will bear the keenest scrutiny of an bapoaindlees. world, It is true, how- ever, that the radi leaders have come to rd him as another obstacle to th® execution of their ns, and have already begun to devise means to force him into coincidence with their pi schemes, or to sweep him aside along with ail the other obstructions to the attainment of the radical millennium. Within aay week we have had evi- dence on two occasions of this hostility to Mr, Chase— a resolution providing for the succession of the Chief Justice in case the present incumbent should die or be Temoved, and a new rule for the Impeachment Court, regain that the Chief Justice shall not be addi as Chief Justice, but as President of the Senate. In the first may be distinctly seen a menace held over the head of Mr. Chase, and in the second an attempt to deprive the Impeachment Court as much as possible of its judicial character, ‘Those persona in Washington who have every fa- cility for ascertaining the truth of statements sent from here to the various newspapers throughout the country have expressed surprise at the Goaperate falsification of many correspondents of radical jour- nals, The pertinacity with which they urge upon their readers what they assert to be the voice of pub- lic opinion here in favor of convicting the President, and the statements that are made, wholly devoid of truth, for the purpose of influencing the public mind, and perhaps of bolstering up the courage of such re- publican Senators as are suspected of beg weak in the Knees, have been so obvious in their intentions as to attract attention and to excite comment. Of this character was the report put ia circulation a few days ago that Judge Black, one of the counsel for the President, had openly stated it as his belief that no successful defence of the President could be made, and he was sure io be convicted. This, it is needless to say, is utterly false. Nr. Black has never expressed such an opinion, Yesterday the squabble for tickets to the great na- tional show recommenced. Wonderful was the rush after Senators and Representatives who were sup- posed to have suficient influence to procure a ticket or two. It is coniidently asserted by several persons: who profess to have witnessed the transactions, that a number of the tickets for admission to the gal- leries have charged hands through the influence of respectable pecuniary considerations, though such operations are kept strictly secret, because the number of a sold ticket would be Known and the ticket would be tabooed at the door, Everybody, } aS a matter of course, wants to witness the irial of EES EE Fee the President, and but a very small number, com- paritively speaking, can be accommodated, With the best arrangements that can be made satisfaction cannot be given to all, and those having the matter in charge haye but a thaykless task to perform. It seems, however, to settled for a fact that no great degree of genius has thus far been displayed ia preening. the pane, and distri- bution of the tickets. Instead of the large, highly illuminated cards they have adopted, displaying in fancy letters the words, “Impeaciiment of the Presi- dent,” a small white ticket Sigecreemrg sae the words “Admit one to the gallery,’ printed in unpretending letters, would be in much better taste. When any person leaves the court room with the intention of not returning a check might be given him or her at the door, which could be given to a friend who might wish to have an opportunity of witnessing the trial. By this arrangement a far greater number could be afforded the lively or melancholy satisfaction of be- holding the modus operandi of getting rid ¢¢ troubie- some Presidents, Who will persist in impeding the progress of the radical car of reconstruction by piling upon the track articles of the constitatioa. The Military Division of the AtlanticmGeneral Hancock, ‘ WASHINGTON, March 23, 1868, The movements of the President are causing a good deal of uneasifiess amon the radicals, Thev imagine they see the same indications of approach- ing trouble that preceded thg late coup d'etat Of Vie President in removing Mr. Stan.on and ap- pointingan ad interim. They observe a great many consultations going on at the White House, and greatly deplore the fact that among all the present members of the Cabinet there is nota Stanton, In the presence of Hancock here, and in his long and confidential interviews with Mr. Johnson, they find matter for deep concern and food for much consulta- tion. That General Hanvock has been offictously in- terrupted in the performacce of his good work at New Orleans, and his authority so grievously snub- bed that he would be devoid of all self-respect if he continued at that post; that he has earnestly begged the President to relieve tim; that the President has finally consented and ordered him here to explain in person the reasons that prevent him from remaining in command, does not, in their estimation, account for his appearance here at this particular juncture of affairs, So also if, after talking the matter over with General Hancock to be sure that the arrange- ment will be agreeable to him as well as to others, and conducive to the general good, the President should appoint General Huncock to the command of the Military Division of the Atlantic, simply becduse he is the only Major General of the army who is at present without a post of duty, and who has suffl- cient rank in the army to render him eligible to the command, the radicals would be certain to take alarm and run off with the idea that the country is about to be treated to ove of “Obadiah Drant’s rattling revolutions.” These radical fears spring from their habit of suspscting every action of Mr. Johnson or of those not imbued with the radical faith to be necessarily revolutionary in its nature because it may not harmonize with tiieir plans. The President entertains no idea of using military force to oppose the will of the radical majority in Con- gress, and if he did General Hancock is no more ikely to lend his assistance towards it than were Generals Sherman and Thomas, But, say they, the President has an object in view in creating this new military division with its headquarters in Washing- ton. Now, whatis that object? The object seems plain enough, All the departments in the country are included in one or the other of the grand mili- tary divisions, and the number of commanding oil- cers directiy responsible to the Executive are there- by diminished, which greatly iacilitates the transac- tion of oficial business, The departments included in the division of the Atlantic have hitherto had no intermediate commander between them and the General-in-Chief, and the object of the order is to ap- point such a commander, Tye headquarters of the division would naturally be located at Washington, New York or Philadeiphia, being the greatest centres of population. Of these the advantages are all in fa- vor of Washington, on account of the facilities atford- ed for official communication. A little calm consideration will convince the most obtuse that all the bugbears that have so seriously shaken the nerves of timorous radicals, such as the copperheadism of Chief Justice Chase, the revolu- tionary plans of the President, the complicity in these imagined plans of General Hancock and the dreaded onslaught of Mosby and the Ku-Klux-Klan, have their existence in the tronbied dreams of consclence- =e radicals and not within the bounds of proba- ty. THE FORTIETH CONGRESS. Second Session. SENATE. WASHINGTON, March 2 The CHare laid before the Senate a men the South Carolina Constitutional Convention pray- ing for donations of land for educational purposes, Referred to the Committee on Public Lands. Mr. MonGay, (rep.) of N. Y., from the Committee on Finance, reported favorably the bill to abolish the office of Superintendent of Exports and Drawbacks. THE PRESENTATION OF BILLS TO THE PRESIDENT. On motion of Mr. Epmunps, (rep.) of Vt., the Senate took up the bill to regulate the presentation of bills to the President and the return of the same. Mr. Davis, (dem.) of Ky., moved to strike out the second section, providing that bills presented to the President and not returned by him with his objec- tions within the ten days specified shall become law, and lat | it his duty to return the same to the Secretary of State, who isto certify that it has be- come a law. ‘The amendment was lost. In reply to a question by Mr. BUCKALEW, (dem.) of Pa., how the entry upon the journal of the President's return of a bill to the Senate could be had as pro- vided by the constitution, if the Senate was not in actual session, and therefore no journal was kept, Mr, Epaunps repeated the views heretofore ex- pressed by him, holding that Congress was in session, as contemplated by the constitution, until it declared itself adjourned. Messrs, JONSON, (em.) of Md., and HENDRICKS, (dem.) of Ind., supported the bill as giving a clear definition to a doubtfu) provision of the constitution as to what constitutes an adjournment, ‘The bill was passed—yeas 29, nays 10, Mesars. Da- vis, Doolittle, Bayard, Dixon, McCreery, Morton, Norton, Saulsbury, Williams and Buckalew voting in the negative. ‘THE LINCOLN MONUMENT, Mr. WILSON, (rep.) of Masa., from the Committee on Military Athuirs, reported favorably the joint reso- lution to place at the disposal of the Lincoln Monu- ment Association certain captured ordnance. The Impeachment Trial. Mr. Craary, (rep.) of N. H., from the committee to audit contingent ‘expenses of the Senate, reported favorably the bill making appropriations for the expenses of the trial of impeachment of Andrew Sohnson and other contingent expenses for the year ending June 30, 1863, Referred to the Committee on Appropriations. Mr. SHERMAN, (rep.) of Ohio, offered an order that the order in regard to admission to the galleries be suspended until further order, and @hat the Sergeant-at-Arms shall take care that order shall be observed in the galleries during the trial of impeachment now pending; authorizing him to arrest and bring before the Senate any person vio- Jating order, to take care that no person enter the diplomatic, ladies’ and reporters’ galleries but those entitled to admission, Laid over. Vand announced that the House had adopted a replication to the answer of the President of the United Sates to the articles of impeach... -nt, ORGANIZATION OF THE COURT. One o'clock having arrived the President pro tem. vacated the chair for the Chief Justice, who entered and took his seat, ordering the proclamation, which was made accordingly by the Sergeant-at-Arma, In the meantime the counse) for the President, Messrs. Stanbery, Curtis, Evarts, Nelson and Groesbeck, en- tered and took their seats, At five minutes past one o'clock the Managers were announced and took their seats, with the exception of Mr. Stevens, who was absent. The House was announced immediately, and the members disposed themselves outside the bar. The minutes of the session of yesterday were then read by the Secretary, The SECRETARY read the announcement of the adoption of the replication by the House. Mr. BOUTWELL, of the Managers, then rose and said:—*Mr, President, I am charged by the Managers with the duty of presenting the replication offered by the House of Representatives.” He read the replica- tion as follows:— ‘The House of Representatives of the United States have considered the several answers of Andrew Johnson, President of the United States, to the several articles of impeachment against him by them exhibited in the name of themselves and of ail the people of the United States, and reserving to themselves an advantage of exception to the insuiticiency of this answer to each and all of the several articles of impeachment ex- hibited against said Andrew Johnson, Presi- dent of the United States, do deny each and every averment in said several answers, or either of them, which denies or traverses the acts, intents, crimes or misdemeanors charged against said Andrew Johnson in said articles of impeachment, or either of thei; and for replication to sald answer, do say that the said Andrew Johuson, President of the United States, is guilty of the high crimes and misdemean- ors mentioned in the said articles, and that the said House of Representatives are ready to prove the same. At the conclusion of the reading Senator JoHNsoN said—Mr, Chief Justice, I move that an authenticated copy be presented to the counsel for the Presi- dent. The motion was agreed to, The Cuter Justice—Last evening a motion was pending on the part of the counsel for the President that such a time should be allowed for their prepara- tion as the Senate should please to determine. Thereupon the Senator from Maryland (Mr. Johnson) presented an order, which will be read by the Secre- tary. ‘The SECRETARY read the order providing that ten days’ time be allowed:— Mr. SUMNER, (rep.) of Mass.—Mr. President, I sead to the Chair an amendment to come immedi- ately after the word “‘ordered ’ being in the nature of a substiliute, ‘The SEorerary read the amendment as follows:— That now that a replication has been filed the Senate, adhering to its rule already adopted, shall proceed with the trial from day to day, Sundays en ted, until otherwise ordered for ressons BDMUNDS—I move that tie Senats retire to consider that order. Senator SUANER and others—No, no. Tne yeas and nays were demanded and ordered, resulting as fo!lows:— YeasS—Messrs. Anthony, Bayard, Buckalew, Cor- bett, Davis, Dixon, Doolittle, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hen- dricks, Howe, Jolmson, Mevreery, Morr 1 of Me., Morrill of Vt., Morton, Norton, Patterson of N. H., Patterson of Tenn., Saulsbury, Sprague, Van Winkle, Vickers, Willey and Wiiliams—29, Nays—Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Ferry, Harlan, Howard, Morgan, Nye, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trum- bull and Wilson— So the Senate retired for consultation at twenty- five minutes past one o’clock. After the Senators had ret':ed Mr. Stevens was dis- covered sitting to the left and rear of the President’s desk, having entered unnoticed dur'ag the proceed- ings. In the meantime t.:e galleries, hitherto very quiet, rippled with fans and chit-chat, in the assurance that the curtain was down, while on the floor the seats saered to Senators were invaded by knots of members and others in conversation, THE CONSULTATION. When the Senate had retired for consultation Mr. JouNsoON, (dem.) of Md., modified the resolution he had previously submitted in the chamber by provid- ing that the trial of the President shall commence on Thursday, the 2d of April. Mr. WILLIAMS, (rep.) of Oregon, moved that the further consideration of the respondent's applica- tion for time be postponed until the Managers have opened their case and submitted their evidence, This ‘was disagreed to by yeas 9, nays 42, as follows:— Yras—Messrs. Anthony, Chandler, Dixon, Grimes, Harlan, Howard, Morgan, Patterson of Tenn., an Williams—9. Nays—Measrs. Bayard, Buckalew, Cameron, Cat- tell, Cole, Conkling, Conness, Cragin, Davis, Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Fre- linghuysen, Henderson, Hendricks, Howe, Jolinson, McCreery, Morrill of Me., Morrill’ of Vt., Morton, Norton, Nye, Patterson of N. H., Pomeroy, Ramsay, Ross, Saulsbury, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Vickers, Willey and Wilson—42. Messrs. Corbett, Wade and Yates absent or not voting. Mr. SumNeER had offered the following amenament, which he subsequently withdrew:— Now that replication has been flied, the Senate, ad- hering to its rule already adopted, will proceed with the trial from day to day, Sundays excepted, unless otherwise ordered or reason shown. Mr. CONKLING, (rep.) of N. Y., moved an amend- ment to Mr. Johnson’s resolution by striking out “Thursday, the 2d of April,” and inserting ‘Monday, the 30th of March,” as the time when the trial shall commence, Mr. Conkling’s amendment was agreed to by yeas 28, nays 24, as follows:— As—Messrs, Cameron, Cattel, Chandler, Cole, ‘ling, Conness, Cragin, Drake, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Me., Morrill of Vt. Morton, Nye, Patterson of N. H., Pome- roy, Ramsey, Roas, Stewart, Sumner, Thayer, Tip- ton, Willey, Williams and Wilson—28, Nays—Messra, Anthony, Bayard, Buckalew, Cor- bett, Davis, Dixon, Doolittle, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hen- dricks, Johnson, McCreery, Norton, Patterson of Tenn., Saulsbury, Sherman, Sprague, Trumbull, Van Winkle and Vickers—24, Messrs. Wade and Yates absent or not voting. Other modification were made to the original resolutions, When it was adopted in the following form:— Ordered, That the Senate commence the trial of the President of the United States upon the articles of impeachment exhibited against him on Monday, the soth of March instant, and proceed thereon with all convenient despatch, under the rules of the Sen- ate, sitting for the trial of the impeachment. At twenty-five minutes past three o’clock the Sen- ate reappeared, having been out exactly two hours. Order having been restored, the Curry Justice said:—I am directed to inform the counsel that the Senate have agreed to an order in response to their application, which will now be read:— Ordered, That the Senate will commence the trial of the President upon the articles of impeachment exhibited against him on Monday, the soth day of March, and proceed therein, with all despatch, under the rules of the Senate, sitting upon the trial of an impeachment, After & momentary pause the Chief Justice asked— Have the counsel for the respondent anything to pro- pose? The counfel bowed in acquiesence to the decision. Mr. BUTLER, one of the Managers, said—If the Chair will allow me, I will give notice to the witnesses to appear here on Monday, the 30th inst., at half-past twelve o’clock. On motion of Senator WiLsoN, (rep.) of Mass., the court was then adjourned until the date named, at half-past twelve o'clock, and the Chief Justice vacated the chair, which was immediately resumed by the President pro tem. (Mr. Wade), who called the Senate to order. RXECUTIVE SESSION. Mr. GRIMES, (rep.) of Iowa, moved to go into ex- ecutive session, which, after a vain attempt by Mr. Anthony to call up the report of the Committee on Ruleg, prevailed, and the Senate went into executive session accordingly. The doors were soon opened, aud the Senate adjourned. HOUSE OF REPRESENTATIVES. Replication of the Impeachment Managers to the Avswer of the President. WASHINGTON, March 24, 1868, The House reassembled at eleven o'clock. Mr. BOUTWELL, (rep.) of Mass,, said he was directed by the Managers of Impeachment to report the form of replication to the answer of the President and also to submit a resolution, Mv. CuANLan. dem.) of N, ¥.. inquired whether it was in order to call for the reading of the answer of the President ? ’ ‘The SPEAKER replied that it was not, but intimated that it was in order to call for the reading of the message from the Senate which accompanied the answer, ’ Mr. CHANLER inquired how the House could act with good judgment unless it heard the President's answer read, The SPEAKER said that was a question for the House, not for the Chair. ‘The message from the Senate was read, and then the replication was read, as follows:— Replication by the House of Representatives of the United States to the answer of Andrew Johnson, President of the United States, to the articles o! impeachment exhibited against him by the House of Representatives:— ‘The House of Representatives of the United States have considered the several answers of Andrew Johnson, President of the United States, to the several articles of impeachment against him b: them exhibited in the name of themselves and of all the people of the United States, and reserving to themselves an advantage of exception to the insuffl- ciency of this answer to each and all of the several articles of impeachment exhibited against said An- drew Johnson, President of the United States, do deny each and every averment in said several answers, or either of them, which denies or tra- verses the act intents, crimes or misde- meanors chal Inst the said Andrew Johnson in ld articles of impeachment, or either of them; and for replication to the said answer do say that the said Andrew Johnson, President of the United erent is guilty of the high crimes and mis- demeanors mentioned in the said articles, and that ee en House of Representatives are ready to prove ie. Mr. SPALDING, (rep.) of Ohio, inquired of Mr. Bout- well whether the President had denied that he was guilty under the articles? Mr. Farnswortu sald the President admits the facts and denies the guilt. Mr. SPALpinG added that the Managers would be met by legal critics in the Senate, and that they had better be careful how they drew up their replication. Mr. BOUTWELL said that the attention of the Man- agers had been drawn to that peculiar form of the answer filed on behalf of the President, but that the answer was in substance that he was not guilty. Therefore the form of the replication was different from what had been usually used in similar cases. The answer to some of the articles amounted to a demurrer merely; but on the whole the Managers had chosen to treat the answer as a plea of not guilty. The Managers were of the opinion that no advantage could be taken as against the House of Representatives to the form of replication now re- ported. He was willing to allow an hour for criticism ‘as to the form of replication. Mr. Woopwarp, (dem.) of Pa., wished to call the attention of the Managers to the fact that the answer of the President to the eleventh article amounted to ademurrer. His own opinion was that the demurrer was very conclusive. He did not’think there was any impeachable offences charged in the eleventh article. As the answer put that point in issue which wag a legal question and amounted to a demurrer, he thought there should be a special replication to that part of the answer, or a joining of demurrers. This general replication did not join any issues on "that article at all, and was what might be called a departure in pleading. Mr. BinauaM, (rep.) of Ohio, said that the gentle- man fro Pennsylvania (Mr. Woodward), would find that the eleventh article, like every other article ex- hibited against the President, charged him with a misdemeanor in oMce or a high crime in office, so that there was no departure whatever in the repli- cation. He desired to call the attention of the gentle- man and of the House tojthe fact that, while the answer does contain much that is argumentative and much that might be called a demurrer, such a thing was never allowed at alt in an impeachment. ‘There never had been a demurrer entertained in the Senate or in the House of Lords of England. There was no such thing on record. A demurrer did not He in such cases; special pleading was unknown in the whole proceeding. The President’s answer to the eleventh article expressly deuled that he committed a crime, and was, therefore, a plea Here was the clause which And this respondent, jeventh article, denies by 4 means or reason of anything in said article alleged this reapondent, as President of the United States, did on the 2st day of February, 1868, or at any other day or time, commit or that he was gulity of a high misdemeanor in office.” He claimed that by the Parliamentary law that amounted to the same thing as if he had said he was not guilty of the crimes alleged against him in manner and form as charged. Forms were nothing in these matters; substance was everything. The replication was ot substance, and was no departure. He would like to see Andrew Johnson go into the Senate of the United States and by presenting @ demurrer confess the averment in the articles. No such rule obtained, because a demurrer admitted everything that is well pleaded Mr. Woop, (rep.) of N. Y., presumed that the ob- tion taken by the gentleman from Pennsylvania . Woodward) had reference to making the repli- cation what it really ougnt to be. ay Wood) thought that this was a question which the court it- self might determine. It was desirable, however, that whatever course tue House might take it should exercise the greatest care, and the House shouid reserve to itself tie right to instruct and di- rect the Managers. He would take exception him- self to the phraseology of the replication, which declares it to be “in the name of the people of the United States.” We know, said he, that that is not the fact. There is not @ man here who can rise in his place and seriously and candidly declare that the iron of the United States have authorized the House to act on this question, or that any mem- ber of the House was ever elected on any such issue. Therefore it is false in fact*that the House of Representatives is acting for and is representing all the people of the United States. We have had no representations made to this House from any Pcoconn of the people of the United States in favor of this pro- cedure, except by a handful of office seekers who ex- ct to derive personal advantage from the result. The Managers represent the House of Representa- tives, and only the House of Representatives; and in representing this House they are its its. One of the Managers, the gentleman from Ohio (Mr. Bing- ham), tool — himself to bully the Senate. He told the Senate to say whether it would observe its own rules; and yesterday the same honorabie Man- ager undertook to criticize severely, and, in my judgment, Improperly the decisions’ of the Chief Justice of the United States, sitting as a presiding oMcer in that court. It will not do to say that that gentieman alone is responsible for these things. The gr are acting and —s in behalf of the House of Representatives, an: therefore it is that I, as one member of the House, desire to enter my protest against any conduct on the part of either of these Managers that is not suf- ficiently decorots and proper and commensurate with the dignity and gravity of such an occasion. Who, for instance, authorized the Managers to say yesterday that they would present their replication to the Senate at one o'clock to-day? Is this a repli- cation of the Managers or of the House of Repre- sentatives. I contend that, in the absence of any action on that question by the House of Representa. tives, it was an assumption of duty, an arrogance of power on the part of the Managers to declare to the present Senate that they would at one o'clock to-day their replication; and I find in the Bal- timore papers of to-day this replication. Sir, are we nobody? Do the gentlemen who have been se- lected by this House to represent them in the Senate constitifte themselves the House of Representatives ? ‘Mr. BouTWELL took the floor to repiy. He said he had understood the opinion of the gentleman of New York to be that the replication proposed to reply inthe name of ali the peopie of the United States, and that as that gentleman docs not agree to it, therefore it is not a good replication, If that were so, that would be an end to tie whole prosecu- tion. « Mr. Woop said that he had stated that no portion of the people of the United States had authorized this action, and that therefore it did not represent ail the people of the United States, and indeed did not represent any of the ple. Mr. BUTLER, (rep.) of Mass., replied:—The repre. sentatives of the people usually represent them; but the gentleman has not even the merit of originality in his objection. The form is one that has been used five hundred years, lacking eight. The objection was made to it once before, and only once, when the people of England, iy Maganed the usurpation und tyranny of Charies the First, not having any vision in their constitution, as we have, by which that tyrant could be brought to justice, outside of their constitution, and in a otly manner as IL understand and believe, brought Charles to justice, When proclamation was made that they were pro- ceeding in the naine of all the people of jand, one of the adherents got up and sald, “No, 0) le do not consent to it;” so that the ueman an least a precedent for what he has done; and I wish ‘we could follow out the precedent in this House, be- cause the court inquired who made the objection and tried to find the offender for the oy rake pun- ishing him (laughter); but he cones if, and could not be found, and he afterward turned out to be a woman—(laughter)—the wife of General Fairfax, who ratted, on that n, from the rest of the Commons. It is said by the gentieman from New York, that this replication is in a Baltimore paper. I take issue with the fact. This replication was cor- rected in form at fifteen minutes past eleven o'clock jog AP ae art, from the great prece- dents, 80 far as they a and therefore, any paper could publish something like It. os Mr. Woop intimated that the Managers had proba- bly altered it after og he sent it to the papers; but he had it here in the Baltimore american, with the of the M attached. ir. BUTLER—And as the es of the Managers are not attached to the replication, that ends the matter, When we make a replication we do not attach our names to it; but we expect the Speaker of the House and the Clerk of the House, by order of Hie House, to allaeh their names LO it ‘ 3 —~%, Mr. Woop again intimated that the replication was altered after it was gfven to the or. Mr. BurLen—We never altered it at all. The kind of paper is one which the Managers do not take and do not patronize, either Ph furnishing the matter or reading it after it is pubil . ‘This is amere formal proceeding. ‘There can be no demurrer; there can be no side issues, and all that the Presideni’s answer ca‘ amount to is sue of “not guilty,” with a stump speech in the . (Laughter.) “Phat is all. I ain informed that the paper to which the gentleman alludes is the Bal- timore American, I thought it was the Gaze! ind- ing it in such suspicious company. The A: in is a Very decent, respectable Paper, and I only wonder that my friend from New York takes it. Now I trust that the House will not receive any lectures or any be ape asto the propriety of language aed pl priety of conduct from the gentleman, who stands ag yet under its censure for a violation of all parlia- monbary rales, Mr. Woop—The highest compliment of my life. ‘The hour of twelve o’clock having arrived the sea sion of Monday was closed and the session of commenced, Mr. ELpripaR, (dem.) of Wis,, said tt would seem from the remarks of the gentleman from Massachu- setts (Mr. Butler) that this matter is never to cease being a subject of levity. The im vhment of the President, from the beginning of the proceedings up to this hour, has been treated not only as a mere matier of form, ,but as a subject for trifing. ‘The gentleman from Massachuse'ts tells us that when the question was raised in England whether im- peachment was inthe name of the people some one exclaimed that it was not, and he said that persoa was understood to be a ranting old woman. Well, sir, it is not necessary for old women to come here and rant, for we have plenty of ranters in the House of Representatives. Mr. BLatNe—On which side of the House? Mr. ELDRIDGE—L SUnDOse, the gentleman knows; he is a very fair specimen himself. The gentleman from Massachusetts undertook to say that the repll- cation is @ mere formal matter. at may be the understanding of the gentleman from Massachusetts, and we have the statement of the leading Manager, Mr. Bingham, last evening, that, anticipating the answer which has been pemeorey by the President, the Managers had prepared a replication, There could be no other construction put upon his language than that the Managers, before they heard a word of the answer, had a i a form of replication to it. They do not consider the facts of the case. They do not look upon the President’s declaration and an- swer either specifically or generally; but they prepare and ——— to this House a replication in form to what they suppose the auswer of the President will be. I said last evening that I did not desire the Man- agers on the part of the House, much as I respect them as individuals and much as I have confidence in them as gentlemen, to answer in my name on n discretion, Every one of them was known ponvicted the President, without regard to the evidence and without regard to his answer, when they were appointed as Managers. The gentleman from Ohio tells us that the replication is a short traverse of all the material allegations in the answer and denial of the matters and things set up. Is the impeachment of the President so much a matter of form that whatever he may answer the Managers are repared with a general denial of it? lias the act of Impeachment become so much a matter of form that whatever may be said, whether it be a confession or a denial of the facts charged against him, it is to be denied by the Managers even before the answer comes in? Is that the form and is that the pro- ceeding by which you are to remove the Chief Magistrate of ‘this great nation? Suppose the President had come in and confessed many of the facts charged—and I understand he does admit many—are the Managers prepared in advance with a general denial of all matters and things set up by the President? Are the Man- agers prepared to deny recklessly and without re- gard to facts whatever the President may say? Ido Not want these gentlemen to file an answer for me. Ido not want them to be authorized to act in my name, even at the hazard of my being called by the gentleman from Massachusetts a ranting old woman. So far as the President has undertaken to state facts and to give a narration of what has transpired I be- lteve he has stated God’s truth, and [ beiteve that a majority of the House to-day believe that what he has stated is true. Why, then, should not this House, with equal frankness and sincerity, come forward and admit on the record whatever is true that the President has stated? Why should the House deny all that he may have stated, whether it be true or whether itbe false? Why should we not come forward and meet the case, admitting such facts as are true and denying such as we consider are not true? Why cannot we consider the answer section by section, fact by fact, and whenever we find that the President has stated the truth admit that in our replication? Why send out to the country a false replication—a replication denying these truths which we know to be true? Why should we tell the country that ail the President, has said is a lie, When we know that most of it is true? Mr. WILLIAMS, (rep.) of Pa., would like the gentle- man to state, as a lawyer who had looked into- the precedents, whether he could point®to any case of Fopeachment that had been tried, except on the general issue of not guilty, whether any other issue could be made, and whether, in that cuse, any other = cation could be filed than substantially that which had been prepared to-day? Mr. ELDRIDGE repeated that those portions of the President's answer which were true, and which could not be denied by witnesses, should be admitted; by this means they would narrow down te issue and save expense and time, Mr. Hiasy, (rep.) of Cal., inquired whetber the gentleman was in a liurry to have the President con- victed ? Mr. ELpRipGE remarked that the gentleman (Mr. Higby) was continuing the same practice of levity and insincerity which has been practised al! the way through, He (Mr. Eldridge) cared not whether the trial be hurried up or delayed, so far as he was indi- vidually concerned; but he would have just as few facts to be controverted by testimony as possible. uld be good pleading; it would be good prac- @ was in favor of it. LIAMS, one of the Managers, said the gen- tleman from Wisconsin seems to be of the opinion, that this proceeding is to be tried on tecinical rules of pleading that are applicable in the tria. of cases in courts of common law. I beg leave to remind him that ft has been already o—, confessed by the counsel for the President that it 1s not to be tried by the rules that prevail in common law courts, but by the law of Parliament. The pleadings are something peculiar. The counsel for the President have put in a series of answers very much of the character of an answer in chancery. There is no plea, there is no demurrer in that particular. I think that the an- swer filed by them is without precedent. What are the Managers under these circumstances to do? It stands confessed by the counsel for the President that a demurrer in a case of this kind pear. The gentleman from Wisconsin there is no such pi nt, We come, en, before the House with the idea and on the hypothesis that there is but one issue to be tried, and that is the general issue of guilty or not guilty. Mr. ELDRIDGE—My position is that tre President, having gone on and stated the facts covering the ground of the charge against him specifically, we ought to meet him fairly, and admit such facts as we can- not disprove, thereby narrowing the issue, savin; expense to the country and saving the expenses of * calling a Jarge number of witnesses to disprove facts which we cannot deny. Mr. WiLLIAMS—Then the gentleman expects as to follow the President in his answer in the way of special replication precisely as we should try a case in the clvii courts? Mr. CHANLER made the point of order that the House had no oficial knowledge of the answer of the President. ‘The SPEAKER overruled the point of order on the ground that the House of Representatives was by ita own vote at the bar of the Senate yesterday for the specific purpose of hearing the answer, and it was to be prestined that the House had heard it. ir. WILLIAMS went on to argue that no other character of replication could be made to the an- swer of the President. If the House were to enter ‘on a long series of special pleas it would be playing precisely into the hands of the President ana his counsel, whose object appeared to be nothing more nor jess than delay. Did the gentleman from Wiscon- sin want to perpetuate the trial till the close of the President's terut? That seemed to be the general feeling, and to have been the expectation of the President himself, He had had some special doubt ‘hether the Maaagers shouyd not have gone bar the Senate and compelled the defendant to ut in @ confession in form or a plea of “not fees put he had deferred to the judgment of bis colleagues that they should take the. whole of the answer as substaniially a plea of “not guilty.” Mr. ELprkipes said that was the very point he had endeavored to make; that the House having through curers accepted the special answer put in by the President, Was bound by that answer, sat it became the duty of the Managers to reply to that special answer, specially admitting such facts as they could not unde: to disprove. He would know where there was a case on record where agers Of an im) ‘hment allowed such an an- swer as that of the President to stand? Mr. BINGHAM, a of Ohio, suggested to Mr. Williams that tn the Chase timpeaciment there was just such a case, Mr. WILLIAMS, passing to another branch of the subject, suid the gentleman from Wisconsin asseve- rates here that all the facts stated in the sure ft the President are true, or are, to use his iden language, “God's truth.” Ido not think God ever recognized any truths of that sort, (Laughter.) Does the gentleman undertake to say that the speeches charged to have been made by the Presi- dent at St. Louis and Cleveland and Washington were not made by him? Mr. Etpripok—The President says he did not make them in the form in which they are charged. Mr. WiuLiaMs—And the tleman aitirns that the denial ts true, and therefore that the President never made such speeches, 1 put it to the gentleman whether he believes that himself? (Laughter on the republican side.) ir. LOGAN, (ep) oe in answer to a remark of Mr. Eldridge that the Impeachment Managers had never before admitted such an answer as that with= out Ssoenea to it, said that the gentleman would find that in the trial of Lord Hastings a committee was appointed by the Parliament to ex ine the journal of the Lords, and the committee reported to the House that from an examination of three cen- turtes no demurrer or exception could be found as having ever been taken to articles of impeachment. ‘There was no precedent to be found for anything ex+ cept that mee articles be answ and ‘a general eplication . r f Woopwarp sald that as the House was now consulting it was proper fot any member to point out to the Managers any diMculty which might be sented, After a few remarks on the tecinical aed tion of pleading, he said that the eleventh artic! CONTINUED ON TENTH PAGE. oe ER Te ery