The New York Herald Newspaper, May 12, 1868, Page 3

precery? vil d IMPRLOUMINY. [Basseeerees Trial of President Andrew Johnson for,.( nateto the same conclusion. The mews travelied High Crimes and Misdemeanors. counter declaration, spoken in propria personas by mn speech at all, and had up to that time expressed no Proceedings of the Court in Open | _ Recess over, the crowd of visitors to the Capitol be- gan to augment, and the whole atmosphere was amd Secret Session. strongly impregnated with an impeachment flavor. > ‘The very grounds around the Capitol seemed to ex- " hale the favorite odor, and the majority of people in i i the corridors appeared more or leas exbilarated from Speech of Senator Grimes in J tanaing ine prevating aroma. Walle every articu- lation and every echo at the Capitol spoke convic- Favor of the Respondent, | tion, scquittat, ana nothing but sogutial, was the assuring note borne on the breeze to the White House and syllabled in every breath that reached the Presidential ear. About five o’clock strange The Formula to be Observed in | ana ominous putetins began to be issued, and this time the tune was changed. A Rendering the Verdict. few hours before “the star’ of the President had been deelared extinguished, but now the . astronomers of the political sky pronounced it once Reports and Speculations Re- | more inthe ascendant, Trumbult at last had spoken and so had Fessenden, two Senators whose shoul- garding the Result. ders tower very much above the heads ofa good many others in their party; and these men disregard- ed the eleven articles with moré heterodox contempt than ever the wayward wanderers from the faith of @xciting and Amusing Scenes and | rutner spurned the Thirty-nine. And Henderson, Incidents, of Missourl; had spoken all the way down to the eighth article without finding a single peg whereon to hang a charge of guilty. On the other three he failed ~ WASHINGTON, May 11, 1868, to speak, but it {s not anticipated that he will find ‘This has been @ day of peculiar excitement in | Snything more heinous in them. The joint repudia- ‘Washington—an excitement blended of the elements | tion of impeachment by Trumbull and Fessenden was ‘which enter into the interest attending on a great | 8 terrific bombshell, scattering the betting element of ‘Rorse race where thousands of dollars are at stake, | the impeachers in all directions, and sending Thad the feeling on the eve of 8 Presidential election, the | Stevens home with as sore and sensitive & scalp as nervous curiosity of @ public execution and the | he ever experienced. Of course the news of this de- ‘Guttering anxiety which awaits the drawing in some | fection spread’all over town, into hotels, barrooms, twemendous lottery. This commingled state of feel- | fashionable drawing rooms, private fresides, street fing was of course attributable to the varied issues at | Cars, theatres and every place where any two or three stake, and was certainly very peculiar in its mant- | Persons of the most ordinary intelligence were con- festations. Seldom has a day passed in which men’s | gregated. minds have alternated so much between delight Soon after this another recess was taken, and the ‘and despondency, between hope and grim disap- | father significant event took place of Senators pointment, The contradictory reports, side by side, | Fessenden, Trumbull, Henderson, Van Winkle, ‘on the same day of a great battle in the late war, | Grimes, Sprague and Chief Justice Chase going hardly produced @ more conflicting and bewildering | home in company to dine with the last named gen- sensation than the bulletins which few momentarily | tleman. It may bea trifing circumstance, but the Uke wildfire from the Capitol through the city of the | ‘mpeachers take it sadly to heart, The radicals ad- Varying status of doubtful republican Senators on | Mitted there was demoralization somewhere ‘the question of impeachment. M en’s faces showed | 12 thelr ranks. Thus spoke one distin- a ksleidoscopic grouping of the various passions to | guished light of the House’ of Representa- Which human natore is subject. Hope and fear, } tives, when the course of Trumbull and the * Jove and hate, elation and depression, self- | Otherswas mentioned, “Hell is too far away to make tmterest and patriot pride, were depicted in | ‘tself felt.” And thus did another comfort himself on rapidly shifting linesasane batch of rumors suc- | learning the same intelligence, “Money and opposi- eeeded another. tion to Wade has caused all this; but we will have Of course all the newsmongers, betting men, office | 40 investigating committee to find out who are the seekera and anxious politicians went to the Capitel, | fellows that took the treasury bribes.” And a third and in half an hour after the Senate went into secret | great legal light. despairingly ejaculated, “Give it session. A considerable crowd had collected in the | up—all gone to hell.” Corridors of the Senate and in the Rotunda, A good ‘Willard’s Hotel during the afternoon and evening many patronized Forney, as that oracular individual | Was ascene of much interest. The corridors, reading ‘Was supposed to know something more precious than | rooms, barroom, parlors and stoops were crowded gold at that particular moment, He endeavored to | With excited people discussing the verdict. The side- make his assurances as comforting as possible, and on | walk on the avenue and Fourteenth street was ob- ‘the strength of his placid and couleur de rose repre- | structed by equally excited throngs, and the words sentations several enthusiastic middle aged gentlemen | ‘conviction’? or “acquittal” was heard on every ‘were induced to perpelrate formidable bets th hard | side. In truth, the subject was so generally and ash and champagne suppers. eagerly discussed that it appeared as if everybody The Court shut itself up at ten o'clock, afterex- | had @ direct personal interest at stake in the -etading three or four solitary spectators from the | issue. People talked much of betting, but galleries, In the ample space in front of the prin- | there was very little of that thing done. The friends eipal entrance to the Senate: Chamber groups of twos | of acquittal seemed to have it all their own way, as and threes began to collect before noon, eagerly can- | they offered large bets even, but found few takers, vVassing the prospect. Newspaper correspondents | The only substantial beta I heard of throughout the ame on the scene early, and made themselves busy | evening were two of five hundred dollars each, of- seeking for news or originating speculations. Some | fered bya republican, in favor of acquittal. The twenty or thirty minutes after the Court retired an | same party, one Dr. Kendig, circulated through unfortupate Senator was injudicious enough to | Willard’s at a later hour, offering similar amounts or answer a card sent into him inviting an | Wagers, but was not taken up by any one. interview with one of his constituents, the ‘The result of the proceedings, so far as let out after ‘Village editor of some terrific impeachment organ. | the recess, was to occasion the deepest kind of de- Hardly had he made his sppearance when he was | spondence among the radicals inside and outside of pounced upon by half a dozen others, dragged into | Congress, “We give it up’—‘The party is gone”— ® corner and pumped dry of everything his mem- | ‘‘No use to hope any longer’’—were expressions that ory was capable of retaining, which was very little, | fell upon the ears at every step. A number of radi- and gave small satisfaction to the crowd, beyond the | cal Congresamen congregated about the hotels and agsurance that such a Senator had certainly ex- | Offices of newspaper correspondents and talked over pressed himself determened to vote for conviction the matter in the most melancholy of moods. One on the twelfth and thirteenth articles. Information | radical Senator ground his teeth and said, “We will of thia character made fun, but gave no basis for | flay that Fessenden alive yet.” Denunciations of beta, Cards, notes and verbal messages soon became | Trumbull and Grimes were frequent and loud, some ‘all the rage from the outsiders to the members of the | people saying that tne former had better not go back Court. The pages, messengers and doorkeepers | to Illinois if he bad any regard for bis comfort and were kept in @ perfect flutter of excite- | safety. ment, and as 6 result the card or the} General Grant's connection with the resnlt was note intended for one Senator found its way into the | #180 spoken of, and ina curious way. It was given hands of another, and vice versa, out by Congressmen as if they uttered it by authority An hour elapsed after the closing of the doors, and that Grant would certainly decline the Chicago nom!- ‘he members of the Court began to drop out at more | nation should the President be acquitted. Others de- frequent intervals, exchange a few words with sheir | Clared that Chase, Fessenden, Trumbull, Grimes, tormentors, and suddenly return. Two hours j Henderson and Company intend to build up a new elapsed, and the outsiders became extravagantly im- | party, with the Chief Justice at its head, and that patient to learn something at all definite from with- | this new party would place Chase in nomination for fn, something to hang @ speculation or s bet upon, | the Presidency, thus confirming the despatch I sent and thetr wishes, after much earnest solicitation, | YOu last week on the same subject. were to some degree gratified. gs ‘The President himself remained extraordinarily It was just noon when a well known and jovial | Cool during the whole day. He was besieged by Senator made his appearance in the corridor in re- | Dumerous visitors, and received them all in a quiet, sponse to the request of some friend of his whose pe- | calm and dignified way. In the afternoon he took a cuniary interests toa large amount were involved in | walk through the Presidential grounds in company the fate of impeachment. A more than usually | with some members of his family and Miss Smythe, lengthy interview followed, and the result was soon | of New York. During the evening he was again known by everybody in the corridors, in the adjacent compelled to receive a number of visitora, who came rooms, in the Rotunda, outside the Capitol, and away | 48 couriers from the seat of war to explain the latest up Pennsylvania avenue, through the hotels, and into | movements of the contending Senators or to learn the very recesses of the White House, Stewart, the | from the Executive reliable news, lion of Nevada, hath oped his mouth and pronounced After receiving his visitors to-night at the White Anfrew Johnson guilty of high crimes and misde- | House President Johnson went toa grand May ball meanors. Pomeroy, of Kansas, upon whose shoul | ®t the National theatre, tn company with his Gers the tail end of Jim Lane's mantle seems to have | daughter, Mrs. Patterson, Mre. Stover and Colonel fatien, followed in the same key. Edmunds, of Ver- | Morrison. His appearance was cheered loudly. mont, and Sherman, untrue to conservative an- ‘The Very Latest from the High Coert. ticipation, 412 also echo the impeachers’ wrath. ™ the early part of the evening the lobbies thinned Grimes, of Iowa, alone stood up and pronounced im- | out so much that mot more than a dozen were seen peachment an unmitigated bore, a nuisance, a hum- | remaining true to their posts. These were princi- bug, and he for one washed his hands out of it. | pally public scribes on the alert for the slightest cir- ‘These were not his exact words, of course, but they | Cumstance that could be supposed to give a feather ‘were what they meant. weight to the verdict, The Senators, after their second But enough glory for two hours. Straight way | recess, entered into the spirit of the debate with the news was sent through every pore of Washing. | refreshed vigor, and for @ considerable length of ton, and by every electric pore leading therefrom, | time none appeared in the lobbies, but gave their that conviction was @ certainty, and that the | undivided attention to the drift of the speeches. friends of the President had better hide | Very soon, however, the crowd in the lobbies and their diminished heads, Betting became im- | parlors began to increase, and the eager search for mediately very fierce on one side, Impeachers | tnformation recommenced in good earnest, The pushed here and there, seeking for the advocates of | spirite of the radicals, having been so deeply ‘soquittal, and holding out such inducements as ten | depressed by tho developments of the af- to one to strike a wager on the result, ‘The conser-| ternoon, seemed bat little improved. When vatives began to look bine and felt mortified at being | they assembled in the evening all, without ex- taunted with such extravagant odds, without feeling | ception, Managers included, announced that they had Justified from the complexion of she news in closing lost all hope of conviction, and they looked as though with any bet whatever. they feit the truth of what they said, Of the Man- ‘The Senators came out more frequentiy now, as it | agers, all of whom except Stevens were on hand ‘was approaching lunch time, and eash in turn was | during the evening, working like beavers, Mr. Logan pounced upon as & vulture ts supposed | seemed the most dejected. Messrs, Boutwell and © ponnce upon & gentie dove, wi Wiison seemed to accept the situation with @ good much politeness or ceremony. “Wbo spo! deal of fortitude, Ben. Butler was constantly last’—“Who is speaking now?’—“What did he | on the move, looking sternly defiant, and a portion ay 1—What did you say ”—‘‘How will ne vote?" | of the time he was accompanied by Mr. Stanton’s “How will you vote?” are a few in the shower of | son. The excitement among the watchers at the questions that fell on the ears of the unhappy mem- | doors of the Senate was intense. They crowded to- bers of that bewildered High Court. Some bore the | gether close to the door, and the time was spent in ‘awfai ordeal through which they were forced to pasa | comparing liste and in discuasing the probabilities in in spirit of Christian meekness, others frowned } regard to how certain Senators would go who were ominously, and must have wished in their souls for | considered doubtful, As soon as a Senator made his ‘one brief minute of Hercules’ club, that they might | appearance at the door he was Instantly besieged for slay their torturers on the spot. intelligence from within, and the information elicited ‘There was one, however, who rose to the level of the | Could easily be ascertained by the outsiders of the occasion, and who, though his politics areof an inky | ctowdstn the change which was immediately ob- and repugnant character, extorted admiration from | served in the faces of the listeners. Most of the his enemies, some of whom are looking on, by thetruly | evening was consumed by the undoubted radicais in magnificent style in which he shook off the cloud of | explaining how they intended to vote, and the mere cormorants that fastened on him and hovered around | fact that none other of the reported doubtful Senators him after he escaped from the confined air of the | had kicked over the traces was suMcient to elevate Senate chamber. This was Senator Drake. Draw- | the hopes of the radicals, and they gradually gained ing out his arms as a shoemaker might do in the act | courage as the evening wore away. When at length of sewing on a leather sole, he cast off on either side | the Senate adjourned, and it was found that no ad- two fellows who had gined themselves on to his | ditional evidence of defection had manifested shodiders, and sent them spinning over the tes- | itdeif, the Unpeachers confidently expressed setated pavement. Then he went boldly forth nn- | their belief that the of republican Senators who trammelied to his lanch, intended to vote for acquittal would not go beyond dust before the recess was declared the impeachers | five. One Senator, whose opinion is looked upon as y ge got Up & Apieudid Cabard, One (hal it Wao suaponed | puRReRSINE CUnAIderybie Welulit JO progoosiien lng rr or ™ ener ef wher wrt vrterrnry wore wr 7 TV YORK HEPALD, ‘TORSDAY, MAY 13, 1968.~TRIFLE SHEET. taray’,, remarked that conviction was sure of one mayor, but added wat 16 was impossible to arrive at any definite concinsion as the views of the Senators as expressed take such s wide range of the articles, Three of the Board of Managers who were in attendance in the lobbies this evening gave thelr opinions to the effect that conviction was dead. ‘This seemed to be the view of s number of members also present, Notwithstanding the efforts made to keep up the spirits of the friends cf conviction, by the time the Senate adjourned doubts of success Were again in the ascendancy. During the proceedings this evening Senator pepinee of the convicted person, ac- constitution. cording to the requirement farther judgment shall beon the order of the Benate,” After debate_the Chief Justice announced that the hour of eleven o’clock A. M., fixed by order of the Senate for deliberation and debate, had arrived, and that Senators could now submit their views upon the which articles of and } ne of office. Sherman was not present. Senator Howard is ieee mableck 9. Uiaiip: of every person who shall hereafter be appointed to any tg ‘Of the Presiden t to Mr. Stanton was @ also very ill at his residence, and fears phar See a such omice, and shall become duly qualified to act | lawful order, as I have already aaid I thought It was, ce, great At tem minutes before two o'clock the Senate took | therein, is and shall be entitled to hold such office until | the first question under the second article i are entertained that he will not be able to | g recess of twenty minutes, On reassembling there a successor shall have been in alikemanner appointed | the ent did anything unlawful in gt be in attendance to-morrow. The greatest con- and daly qualified, except as herein otherwise pro- | order to General Thomas to perform the di pote in nore was further deliberation until nalf-past five o'clock, | vided.” then comes wi “otherwise provided.” | Secretary for the Dep: mm is manifested in the tact that more of | when, on motion of Mr. Connxss, the Senate took a | “Provided that the Secretaries of State, of the Treas. | This was not an appointment to the doubtful Senators than the four who have | recess until balf-past seven, ury, of War, of the Navy and of the Interior, the | temporary a alread: This Postmastel shail | duties of an orth le y given their views have not spoken. Proceedings of the Evening Session. Ce ee nen ae aah cee ae ena | Tha alssiieticn’ babes am Stee, Sama ae eee the radicals say looks bad for their cause, for the reason that these parties do not wish to go before the country im advance of thelr vote, A prominent radical observed this evening that Fessenden, Grimes, Hendergon and Trumbull were sure to take with them four more, Those mentioned are Fowler, Van Winkle, Anthony A large number of persons were in the rotunda of pa ¢ the Preaidens ry whom eer may have e eS ey y the Capitol to-night, waiting to hear from the Senate, wanes) for one month thereafter, subject Feocgat * | removal by and wit tof the | the act of Feb which resumed its secret session at half-past seven coe peta tea cane gowe out of curred in which, this o’clock. Only those privileged to enter the Senate ee Constraction of thle section, How oot ais astect > necessity of some f such provision of law in cases side of the building, including members of the House act and does it chan; e tenure ot vacancy in offices ‘xecutive cannot in- office of the fe tt of War as | stantly fill must be apparent to every one all and reporters for the press, were permitted to ap- | established ure — a I pro- | with Ne workings of our governnivas, and eT the proach the immediate vicinity of the Senate. Some | pose to address myself. I shall not suppose that @ reasonable question can be made of andy. "Some ous ar exrewedin ear | Scepad tn scat rons, wale othe woot | urea Zeuyaite at Mare, | Soe TY Ge hs Pa aa ‘at question 18 not necessari! The } suc roy nysen, but these are traceable to a propo- | in the passage ways, all anxious inquirers for im- | first question presented im, is-Mr. Stanton’s case | for such cases, and” the President, in his sition which he is said to have made to postpone the question for a month, At the close of the session ‘Williams, of Oregon, proposed to vote on the elev- enth article first, ag it is thought a convictable num- ber can be rallied in support of this charge. Objection being made the motion went over until to-morrow, anon pee March 2 ‘tart, Certain itis not aitek Naunate ot 8 subsist v4 a repealed. It may be a quest It was ascertained that Senators Conness, Harlan, : le pipepagdl ees A | BT ae ee . oe the first section. The tenure which whether it been re] ; but from the beat ex- ‘Wilson and Morton spoke in favor of and Senator | for is not the tenure of “any” ‘Secretary, that proviaes amination I have been carey bestow upon the sub- Buckalew im opposition to the conviction of the peachy pos bes aad v A] law at all sock Lam sedation | 1 has. not bean pore} oe. nok President. The had oe 1 of term of the | propose to ent mplted vs expectation by outaide parties Fresident by whom they shall be appointed, and Fepeals; it 18 8 subject of great, diieulty, an ie been that those who are regarded as doubtful om the | one mon’ r, Unless soonel I do not profess to apply those when the question will be disposed of before the | repupitcan side would express their views. by the President, by ‘and with the advice. fea | rules I take only this practical view of the Publlo wil be allowed to enter the galleries, Atthe | Mfr, Eoxuxps submitted the following: ~" ~’ |} consent of the Senate, while ll osher clvil omtcers | Leot Totes Walch.” ie is. supposed may hour urnment tion roblem are old until a appo! and | was wi su; 8 rs of adjo . ¢ the solution of the pi of | Ordered, That the order of the Senate that it will | duly qualified, ‘The office of ‘Benretary has | have repealed the act of 1 it is beyond peachment seemed to be in as much doubt as dur- | proceed at twelve o'clock noon to-morrow to vote attached to it one tenure, other civil officers | all dispute that vacancies In office might becreated by Eee ane ee earsoae | pals was pot acted ons nn "| wha lds the ties of creitry “san by fore | for mating touporaey groviion fur dschanying Ue crowds who thronged the lobbies left dissatiatied was on. poi wi office can—by force | for porary provision for rging the with the unaccomplished work of the Senate, Mr. WiLLtams offered the following:— the ‘one which, he law pec oe gate iat | tho act of 1108. "The actaf 186) 18 wholly lent ut Arrangement te Telegraph the Verdict. ‘That the Chief Justice, in directing the | office. The plain intent of the proviso to the first | thia subject. Why should I say that a public neces- Arrangements have been made to transmit direct Secretary to read the several articles of impeach- | section is to ‘@ tenure for the office of Secre- | sity provided for in 1795 and not negatived in 1863 fone the all ment, shall direct him to read the eleventh article | tary different from the tenure fixed for other civil | was mot then recognized, or why should L m the Senate gallery to points in the United | first, and the question shall be then taken upon that | officers, This ia Known to have been doneon ac- | say that if ized it was intended by States and Canada, and through the Atlantic and | article, and thereafter the other ten successively @# | count of the marked diference between the heads of | the act of 166) that it Should mot thereatter Cuba cables lepartments and all other which made it de- | have any provision made for Jomparing the ac to Europe and the West Indies, the ver- | “This ies over. sirable and for the pabllo’ service that the | of 1868 and tho cases it provided for, f so. iw suth- dict of the Senate on the articles of impeachment simultaneously with its announcement in the Senate chamber, PROCEEDINGS OF THE COURT, A motion that the Senate meet at half-past eleven | heads of departments sh go out of office with | cient reason to say that it was the intention of Con- o’clock to-morrow morning, to sit with open doors, the Sag by ver they were seen It | gress in 1863 to deprive the President of the power w the | given by the act of 1796 to supply the temporary ne- ‘Was agreed to. Taw it ‘those’ Secretaries appointed by | Mr: Husities of the publlo nervice incase at vackncy It is generally conceded that the first article of im- | Lincoln should hold by ¢ tenure fixed | caused by removal. But if I Siongns otherwise ‘€ peachment will not be agreed by the act for ordinary civil om ‘while all the | should be unable to convict the President of w criine to other Secretaries should hold by a rent tenure. | because he had acted under the law of 17% Senator Howard is tll at his lodgings. ‘That those aupouited by the present and all future im appointments have At eleven o'clock the Senate adjourned. cases of te hold only during the term of the bean brought before us in evidence. It appears io President by whom they may have been ted, | have been a constant and frequent practice of the while those bh appommned by him should hoid indefl- [baton re bo So bed igs Harr jing SENATOR GRIMES OPPOSED TO INPEACHME: nit and under @ law which undertakes to | not pre} an office at the moment wien tie baad Te CHEN. aeang the tenure of all the Secretaries who are to vaoaucy ‘occurred, to make an ad interin appoiut- hold their offices under the law, Icannot come to | ment. There were one hundred and seventy-mine Argument of Senater Grimes; of Iowa, im | that conclusion. My opinion is, that if Mr. Stanton’s | such appolntments specified in,the schedule annexed Secret Session. tenure of office is prescribed by this law at all, it is | to the message of President Buchanan, found on . Prescribed to him as Secretary of War under pane ee the printed record, as having occurred WASHINGTON, May 11, 1868. and by force of the proviso to the first little more the pee of Ch 2 Ene ‘The following is the argument delivered by Sena- | section, and if bis case is not included | I have not minutely examined the evidence to follow tor Grimes to-day, in the secret session of the court, | 12 that proviso it is not included in the law at all. the practice further, because it seems to me that if, e It is clear to my mind that the proviso does not in- | a3 I think, the President had the power to remove against impeachment :— clude and was not intended to include Mr. Stanton’s | Mr. Stanton, he might well conciude—and that it ‘MR. PRESIDENT AND SENATORS—The President of | case. It is not possible to apply to his case the lan- | cannot be attributed Lo him as a high crime and mis- the United States stands at the bar of the Senate fuage of the proviso unless we sup) it to have | demeanor that he did conclude—that he might desig- with the commission of crimes and en intel to late him out of office—a con- | nate some proper ofMicer to take charge of the War misdemeanors. The principal offence gharged clusion I consider wholly inadmissible. He was ap- pes until he could send a nomination of a it him is embodied in various forms in the pointed by President Lincoln during his first term of | suitable person to be Secretary; and when | add that it articles of impeachment. This offence is al- | Office. He cannot hereafter go out of office at the | on the next day after this designation tho President leged to consist ina violation of the provisions of | end of the term of the Prestdent by whom he was ap- | did nominate for that office an eminent citizen, 1m the first section of an act of Congress entitled “An | pointed. That term was ended before the law was | Whose loyalty to our country and in whose fitness for act re the tenure of certain olvil ” | passed. The proviso, therefore, cannot have been | any duties he mie be willing to undertake the peo- appevad ‘March 2, 1867; in this, that on the 2ist of | Intended to make a rule for his case, and it 1s shown | ple would be willing to confide, I can find no suf- ruary, eighteen hundred and sixty-eight, the | that it was not intended. This was plainly declared cient reagon to doubt that the President acted in President removed or attempted to remove Ed- | in debate by the Conference Commitiee, both in the Roa ‘and believed that he was acting within win M. Stanton from the office of Secretary for | Senate and in the House of Representatives, when | the laws of the United States. Surely mere the Department of War, and issued letter of au- | the proviso was introduced and its effect explained. | signing of that letter of appointment, neither thority to General Lorenzo ‘Thomas as Secretary for | ‘The meaning and effect of the proviso were then ex- | at nded nor followed by the possession the Department of War ad interim, The House of Lape ‘and understood to be that the only tenure of | of the office named in It, or by any Representatives charge in their three first articles | the Secretaries provided for by this law was a tenure | act of force, of violence, of fraud, of corruption, of that the President attempted to remove Mr, Stant to end with the term of service of the President by | injury or of evil will not justify us in depriving the and that he issued his letter of authority to Gen whom they were appointed, and as this new tenure | President of his office. I have omitted to notice one ‘Thomas with an intent to violate the law of Congress, | could not include Mr. Stanton’s case, it was here ex- | fact stated in the second article, 1t is that the demy- and with the farther intentto violate the constitution | Dlicltly declared that it did not include it. When | nation of General Thomas toact ad (nicrim as Bec- of the United States, The President, by his answer, | this subject was under consideration in the House of | Tetary of War was made during a session of the Sen- Admits that he sought to substitute General Thomas | Bepresentatives, on the report of theConference Com- | ate. This requires bat few words. ‘The acts of for Mr. Stanton the head of the Department of | mittee on the disagreeing votes of the two houses, | Congress ‘and the nature of the cases to which they War, but insists that he had the right to make such | Mr. Schenck, of Ohio, chairman of the Conference | apply admit of no distinction between aa substitution under the laws then and now in | Committee, on the part of the House, sald:—“It will | inderém appointments in the session or out forea, and denies that in anything that | be remembered that by the bill as.tt passed the Senate | of the Senate. A designation is to be made when he has done or attem to do he | it was provided that the concurrence of the Senate | necessary, and the necessity may occur either in intended to violate the laws or the constitution of the | should be required in all removals from office, | session or in recess. [do not deem it necessary to United States. To this answer there is a general | except im the case of the heads of | state a ‘additional views concerning the third arti- traverse by the House ef Representatives, and | departments, The House amended the bill of the cle, for Gnd in is wo slogetions upon which I have thereon iasue is joined. Of that issue we are the | Senate so as to extend this requirement to the heads | not already sumiciently Indicated my opinion. The ge have sworn that in that capacity we will | of departments as well as to their officers. The Com- | fourth, flith, sixth and seveuth articles charge @ con- do “ justice according to the constitution mittee of Conference have ‘that the Senate | spiracy. I deem it suMcient to say that in my judg- and the laws.” It will be perceived that there is ] shall accept the amendments of the House, But in- | ment the evidence adduced by the House of Repre- nothing involved in the first eight articles of im- | asmuch as this would compel tie President to keep | sentatives not only falls to prove A consp racy peachment but pure questions of law growing out of | around him heads of departments untit the end of | between the President and Geueral Thomas to re- the construction of statutes. Mr, Johnson's guilt or | Ais term who would hold over toa further term, a | move Mr. Stanton from office by force or threats, bus Thirty-foarth Day. UNITED STaTes SENATE CHAMBER, W4SHINGTON, May 11, 1868, ‘The Senate met at ten o'clock, pursuant to order, with about twenty Senators in their seats at the opening. After the reading of the journal the Cargr Justice said—The Senate meeta this morning, under the omer, for deliberation, and the doors will be closed unless some Senator makes @ motion now. Mr. SHERMAN—Before the doors are closed I will submit a motion that I believe will receive the unani- mous consent of the Semate, To-morrow will be a: day of considerable excitement, and I move that the Sergeant-at-Arms be directed to place his assistants through the galleries, with directions, without further orders from the Senate, wo arrest any person who violates the rules of order. 1 believe that there is an order to that effect now. , Mr. Epwunpée—It is a standing order. Mr. SuMweR—An intimation to the Sergeattt-at- Arms would be sufficient. The Cnrer Jusvice stated that the Sergeant-at- Arms had already taken that precaution. Mr. SHERMAN suggested that notice be given in the morning papers. Mr. WILLiaus suggested that as there will pro- Dably be many strangers in the gallery to-morrow the Chief Justice, before the call of the roll, admonish all persons that no manifestation of applause or dis- approval will be allowed in the Senate under penalty of arrest. This proposition meeting with genera) approbation Mr. Sherman withdrew his motion. The doors were closed at twenty minutes past ten. Proceedings in Secret Session. The doors having been closed, the Curgr Justics stated that in compliance with the desire of the Sen- ate he had Lee echerde questions to be addressed to innocence | upon those articles depends wholly on the | compromise was boc by which a purther amend- it. fails 2 i rove soy conspiracy’ eer ere ean Senators upon the articles of impeachi that | fact whether or not he had the power, after the pus- | ment was added 8 portion 90 that | attach to wot resid oy bats . remeeg j.suge of the ‘Tenure of Ollice act of March’ “a, | the term af afice af the heaas of departments shalt | ordér committed to General Thomas required Mr. he had reduced his views to writing, which he wouid read. Mr. BockALEW submitted the following motion, which was considered by unanimeus consent and agreed to:— Ordered, That the views of the Chief Justice be en- tered upon the journal of proceedings of the Senate for the of impeachment. The following are the views of the Chief Justice:— Ssnators—In conformity with what seemed to be the ral wish of the Senate when it adjourned last Thursday, the Chief Justice, in taking the vote on the articles of impeachment, will adopt the rule sanctioned in the case of Chase, Peck and Hurm- y. He will direct the Secretary to read several articles successively, and efter the readi of each article will put the ques- tion of « ity or not guilty,” each Senator rising in his place, in the form used in the case of J Chase:—‘‘Senator —, how say you? Is the ent, Andrew Johnson, President of the United moe not gultty ofa high misdemeanor asc in article? On putting the question on on four and six, each of which charges a crime, the word ‘ ‘crime’ will be substituted for the word ‘“mis- demeanor.” The Chief Justice has ety ad consid- liana (ae. 1867, to remove Mr. Stanton and issue the | expire with term of the President who appointed | Stanton to cease to act as Secretary for the Depart- letter of appointment to General Thomas, | them, allowing these heads one month longer.” | ment of War, and informed him that he had em- and upon the further fact, whether, hat no such | When the bill came to the Senate and was considered wered General Thomas to act as Secretary ad legal authority, he nevertheless attempted to exer- | on the reeing vote of the two houses, Mr. interim. The order to General Thomas empowerad cive it “‘with intent to violate the constitution of the | Voolittle, Wisconsin, charged that aoe him to enter on the duties of the office receive United States.” Mr. Stanton was engine Secre- | the purpose of the measure was in hi from Mr. Stanton Se pubis ronerey in his charge. tary for the Department of War by Mr. Lincoln, on | in his opinion to force the President against his | There is no evidence that the ident contemplated the 15th day of January, 1862, and has not since been | Will to retain the Secretaries appointed by Mr. Lin- | the use of force, threats or intimidation, sti reappointed or recommissioned, His cominission | coin, yet that the phraseology was such that the bill | that he authorized General Thomas to use auy. ‘was issued to continue ‘for and during the pleasure | {f passed would not accomplish that ject. Mr, | do not regard the declarations of General Thomas, of the President.” His appointment was made Rerman. of Ohio, who was a member of the Con- | a8 explained by bimsclf, 98 having any tendency ‘under the act of A’ it 7, 1789, the first two sections | ference Committee and assisted to frame the proviso, | even to fix on the President any purpose beyoud of which read as follows:—“There shall be an Execu- | said, “1 do not understand the logic of the Senator | what the orders on their face tmport. Believing as I tive Department, to be denominated the Department | from Wisconsin. He first attributes a purpose to | do that the orders of the President for the removai of of War, and there shall be a ge my officer mie the Committee of Conference, which I not true, | Mr. Stanton and the designation of General Thomas to be called the Secretary for the ent of | I say that the Senate have net Vewislated with ‘a view | to act ad interim were legal orders, it is manifestiy War, who shall perform and execute such duties as | to any person or President, and therefore he | impossible for me to attach to them any idea of shall from time to time be enjoined on or entrusted | commences by asse! what is not true. Wedo | criminal conspiracy. If those orders had not been in to him by the President of the United States, and the | not legislate in order to in the Secretary of War, | My judgment la Ishould not have come to the said principal officer shall conduct the business of | the Secretary of the Navy or the Sec: ‘Of State.} | conclusion upon the evidence that any actual intent the said department in such manner as the President | Then @ conversation arose between the Senator | to do an unlawful act was proved. The eighth article of the United States shall from time to time order | from Ohio and another Senator, and the Senator | does not require any particular notice afer what I and instruct. There shall be in the said department | from Ohio continued thus:—“That the Senate had no | have said of the first, second and third an inferior oMicer, to be appointed by said principal | such purpose is shown by ita vote twice to make this | articles, because the only additional matter Officer, to be empl therein as he shall deem pro- | exception. That this [ead does not apply to the | contained in it is the allegation of an intent to un- per, aud to be called the chief clerk of the Department | present case is shown by the fact that its is | lawfully control the appropriations made by Con- of War, and whenever the said principal officer shall | 80 framed as not to apply to the present President. for the military service by unlawfully remov- be removed from office by the President of the United | The Senator shows that himself and Pte ee, that | ing Mr. Stanton from the oifice of Secretary for the States, and in any other case of vacancy, shall, dur- | it would not prevent the it ent from re- | Vepartment of War. In my opinion no evidence ing the same, have charge of the records, books | moving the Secretary of War, the Secretary of the | whatever tending to prove this intent has beea PT wry td hed eens fe wi appeared m the taking Senate, that the vote on the | and documents.” At the same session of Con- | Navy and the Secretary of State, and if { supposed | given. The Managers offered some evidence which Gh od soa eg ap grees was the act day 27, 1780, es- | that either of 2 gentlemen was te Wanting in Sc supposed might have some tendency te prove DY e! unable to divide the’ article eB i ag 5 og a dR eg it appeared to the Senate that the he two acts ) emegg intimation the President of the United | sup; means could not under any circumstances oy ae ae the that hie services were no longer needed, 1 | be adequate to the soroeee end, and t.e two departments. Upon Of this last act | certainly, a Senator, would consent to | evidence was rejected. jolding that the order one of the most memor and one ofthe | his removal at any time, and so would| for the removal of Mr. Stanton was not ablest debates that ever took place inCongress, The | we all.” Did any one here doubt the | an infraction of the law, of course this articie ta, in subject under discussion was the tenure of public | correctness of Mr. Sherman’s interpretation of the | my opinton, wholly unsupported. I find no evidence officers, and especially the tenure by which the Sec- | act when he declared that it ‘would not prevent ire | sullicient to supoort the ninth article, The President, retaries of the Executive departments should hold | present President from removing the Secretary of | a8 Commander-in-Chief of the Soy Ban A eant wbe as suggested. The article charges several facts, but they are 80 con- nected that they make but one allegation, and they are charged as making one misdemeanor. The first fact charged is in substance that “the President pub- licly declared in August, 1866, that the Thirty-ninth Congress was a Congress and not a constitutional Congress intending to deny its constitutional com y to enact laws | their offices. Without going into the particulars of | War, the Secretary of the Navy and the Seoreta: informed of ments of the military service or amendments to the constitution: and | that great debate, it Is wuiiclent to say that the | Slate?” Was there any dissent from his position t av | conceraing witch he ti ought proper to inquire. His this charge seems to have Songer) uct. ¥ | reasons assigned by Mr. Madison and his associates in | there not entire acquiescence in (t? Again said Mr. | attention was called by oue of his secretaries to some as a that which follows, namely: | favor of a “tenure the pleasure of the Presi- | Sherman, ‘‘In this case the Committee of Confer- | unusual orders, He sent to General Emory to make on - - fo nr ygge Og Ra ~ deny were adopted a8 e true constitutional theory coco agreed to ig confess, yrith some retuctance— ingut conoeratn teem. In the creise of tee ‘cou. on subject wi most @ pro- | came conclusion to qualify to some extent the | versation Gene! Em himself int juced sub. the Tenure of Office act py contri and attempt- | phetic anticipation of Erne declared on the Roch power of removal over a cautnal Iaator, ‘We pro. | ject, which ts the gist of the ninth article, and I find in day of June, 1789, in his speech in the | vide that # cabinet minister shall hold his office not what the President said to him nothing which he might House of Representatives, of which he was a mem- | for a fixed term, not until the Senate shall consent to | not naturally say tn response to General zy ber from Virginia, that “itis evidently the intention | his removal, out as long as the power that appoints | inquiries remarks, without the criminal intent of the constitution that the first magistrate should be | Aim holds .” But whatever may have been the | charged in this ninth article, I come now to the responsible for the Executive Department. So far, | character of the debate at the time of the Dassage question of intent, admitting that the President had therefore, a& we do not make the officers who are to | of the law, or whatever may havo beea no power under the law to remove Mr. Stanton and aid him in the duties of that department responsible | contemporaneous exposition of it, I am clearly con- | appoint General Thomas Secretary for the Depart- to him he is not responsible to the country. Again, } vinced that the three Secretaries hold! over Mr, | ment of War ad interim. Did he issue these orders is taere no danger that am officer, when he is ap- | Lincoin’s administration do not fail wi its pro- | with a manifest intent to violate the laws and ihe Rane by the concurrence of the Senate and his | visions under any fair judictal interpretation of the | constitution of the United St as charged in the enda in that body, may Choose rather to risk his | act; that Mr. Stanton held his office umder the act of | article ; or did he issue them, as he says he did, with establishment on the favor of that branch than rest 1736, and under his only commission issued im 1862, | @ view to have the constitutionality of the Tenure of it upon the discharge of his duties to pm ere ay which was at the pleasure of the President, and [am | OMice act judicially decided? It is apparent to my of the executive branch, which is constitutionally | consequently constrained to decide that the order for | mind that the President Sova believed the authorized to inspect and control his con- | his removal wass lawful order. Any other cunstre Tenure of Office act to be unconsti! ional and void. duct? And if {t should happen that the | tion would involve ua in the absurdity of ostensibly | He was so advised by ev member of his Cabinet officers connect themselves with the senate they may | attempting to limit the tenure of all cabinet eficers | when the bill was presented to bim for his approval mutaally support each other, and for want of efficacy | to the term of the officer having the power toappoint | in February, 1867. The Managers on the part of the reduce the powér of President to a mere vapor, | them, yet giving to three of the present cabinet minis- | House of itatives have put before us, and in which case his responsibility would be annihilated | ters sa unlimtted tenure. If the construction conten- | made legal evidence'in this case, the m of the and the expectation of it The high execu- | ded for by the Managers be the correct one, whtlefeur | President to the Senate dated December 12, 1807. In joined in cabal the Senate would | of the mnt cabinet officers will out of office | that message the President declared ‘that the Tenure and also by contriving and atte’ to contrive means to prevent the execution of the Appi act of March 2, 1867, and also to prevent the exe- cution of the ‘Rebel State Government act of the same date.” The gravamen of the article seems to be that the President attempted to defeat the execution of the Tenure of Office act, and that he did this in pursuance of adeciaration which was intended to deny the constitutional competency of Congress {o enact laws or ro] constitutional amendments, and by con- Means to prevent Mr, Stanton from resi his of of Le a’! of War, and also to prevent the execution of the Ap vion act and the Rebel State Government act. The single substan- tive matter oh: is the attempt to prevent the execution of the Tenure of Office act and the other facts sneged, either as introductory and exhibiting es trivel in furtheranes ‘of that attermpt. This singio | LYS ,0uoety senate, mon ir in a od © | jay the foundation of discord and end in an assum; abso! ‘and without any action by ‘en | of Ofiice law did not ‘without notice, Like other matter, connected with the other matters previously | tign of we executive power, only to be removed by | the 4th of April next, they having Deea appolated by | acts it was ent to the President for approval. As is and ee is cl as the high | 4 revolution of the government.” It will be ‘observed Mr. Johnson, the three Cabinet by | my custom I submitted its consideration to my Cabi- ome Se le President is al to | that it is here contended that it is the constitution | Mr. Lincoln will hold by another and tenure | net for their advice the question whether have been rg The general question, gulity or | that establishes the tenure of office, and in order to | and cannot be removed until the incoming President | should approve it or nek, It was a grave question of not guilty een tis toe he ee t this question beyond futare cavil Chief Justice | and the Senate shall mutually agree to their re- | constitauional law, in which { would of course rely fully to cover the and will be put arti Qirsnan, in his “Life of Washington,” volume two, | moval. If! have not erred thua far in my jadgment, | most upon the optition of the Attorney General and of cle, a8 well as to the others, to the Senate direct. Im | page 162, says:—“After an ardent discassion, ‘which then it follows that the order for the removal of Mr. | Mr. Stanton, who had once been Attorney General. the tenth = the division by the Sena- | consumed several days, the committee , and | Stanton was not e violation of the constitutios of the | Every member of my Cabinet advised me that the tor from “aye (Mr. Conkling) may be more | the amendment was negatived by a majority of thirty- | United States by reason of its having proposed law wus uaconstituttonal. All spoke with- easily made. It contains a more general allegation, | four to twenty. The opinion thus ¢: by the | during the of the Senate. out doubt or reservation, but Mr. Stanton’s cou- to ee ‘on the 18th day of August the House of Representatives did not ¢: convey | held his office at the pleasure of demnation of the Iaw was the most elaborate and President, mt the intention to set aside the | their sense of the Constitution. ‘the ex, alone, under the act 1 as I thi emphatic. He referred to the constitutional provi- rightful authority of Congress and bring it of the power to the President implied ‘a | it necessarily follows that President sions, the debate in Congress expecially, to the into contempt, at vered scandalous t in the Legislatare to give or withhold it at their | could remove him. The Senate had h of Mr, Bachanan when @ Senator, to the devi- harangues, and therein uttered loud threats “tthe | discretion, To obviate any misanderstanding of the | reference to his continuance in office, wholly tPius of the Supreme Court and to thé usaye from bitter menaces against Congress and the laws iaciple on whieh the question had been decid unable to ive, therefore, that the power of the | tle inning of the government through every a ig a gL a By Rt racously’ eremoval a8. Vested ‘by te codsdtanion 4 the Comuu! ie was amet LJ 1e wi ul removi tua scandal of all good citizens," and sets forth in three np, to smuend | Pometimen been ‘put forward, as it wee the right Osident. To. all. these he added the second clause in the bill so as clearly A power of removal to be solel, the President. ‘He | ster in the debate of 1837, that the the worgnt of his owa deliberate judgment, gave notice that if he should succeed tn this he would | removal from office by the Presidemt duri and adv me that if was my duty tw move to strike out the words which had been the | session of the Senate been by the defend the power of the President from usurpation vject of debate, “If these words continued,” he | @ successor in piace of A B removed. and to veto the law.” The counsel for the respondent , “the power of removal by the President might | would naturally be so in all cases except the few in | not only offered to prove the truth of this state:neut hereafter appear to be exercised by virtue ‘a | which the oMcer could not be allo consistently | of the President by the members of the Cabinet, but legislative grant only, and consequentiy be subjected | with the public safety, to continue in ‘office until his | they tendered in addition thereto the proof that the to legislative uf ‘when he was well satisfied | successor should be appointed and qualified, and | duly of [an & Message setling forth the objec in his own mind that.it was by fair constriction | also should refuse to resign, Such cases cannot | tious to the conetivationallty of the bil was devoised fixed in the constitution. The motion was seconded | often have occurred; but, when they have occurred, | 08 Mr. Seward and Mr. Stanton. They aivo offered by Mr. Madi and both amendments were | 1 belleve the President has exercised that power | to prove that the meetings of the Cabiuet at wiivu adopted.” And Marshall adds, “As the bill | which was understood to belong to him alone, Mr. Stanton was present, held while the Teuure of assed into a law it has ever been considered as a | and which, im the statute tenure of most | Office bill was before the President for approval, tue fall expreaston of the sense of the Legislature on | officers, is eee, by the acts of Con | advice of the Cabinet in regard to the sine was this important part of the American constitu- [sR them, be the pleasure of the | asked by the President and given by (le Cali- tion.” And Chancellor Kent says, when speak- lent of United States. A number of cases | net, and thereupon the question whether Mr. in of the action of this Congress, many | of this kind have been put in evidence. [do not Ond | Stanton and other Secretaries who bad re. Ot the members of which had been members | either in the debates which have been had on the | ceived their appointments from Mr. 1 e of the Convention that framed the constitution, siya I removal or in the legislation of Congress on | within the restrictions upon the Pi the chiefest among them, perbaps, being | the tenure of oMces any trace of o distinction be- | of removal from office created by sal Madison, who has been called the father of that in- | tween the power of the President to remove in recess | sidered, and the opinion expressed fi strament:—“This amounted to a legislative construc: i his power to remove during a session of the | taries appointed by Mr. Lincoln wer distinct specifications the harangués and menaces complained of in respect to the several specifications, and then the question of guilty or not guilty of a high misdemeanor, as charged in the article, can be also taken. ‘The Chief Justice, however, sees no ob- ~~ in putting the general question on this article in the same manner as the others, for whether particular questions be put on the jons or not the answer to the final tion must be deter. mined by the ja ent of the Senate, whether or not the facts alleged in the specifications have been saii- ciently proved, and whether if a A sg they amount to @ bigh misdemeanor w' the meaning of the constitution. On the whole, there- fore, the Chief Justice thinks that the better tice would be to put the general question on each article, without attempting to make any sub-division, and will pursue this course if no objection is made. He will, however, be pleased to conform to such direc- tions as the Senate may see fit ia this matter. Whereupon Mr. Sten submitted the following order, which was considered by unanimous consent 1 4 upon: tion of the constitution, and it has ever since been fan oMcer who held solely by lis pleasure. | restrictions; and that at the Cabs and agreed upon:— acquiesced in and acted upon as of decisive author. | And I do not see how such 4 distinction could exist ge of the Tenure of ¢ Ordered, That the questions be put as propored by | jty in the case. It es to every other officer of | wit:outsome private distinct provision of law to make the viet of February he the p ng oflleor of the Senate, and eal Senator | the government aj by the ident and Sen- | and define it, I know of no such provision. if (hat was | of Mr. Stanton, apon occasions when the anewer “Guilty” or Not | ate whose term of duration is not specially declared. | the tennre by which Mr. Stanton held the oMlce of i service, ag wifeted by the it Ia supported by the weighty reason that the subor- | Beoretary for the Vepartment of War—and L think it dinate oMoers in the Bxecutlye Devartment oucbt to } Was—theu J am alco of the apibion Ghat it was Dot a shail rise in bis pla ‘ y of Mr. Struwwer the Senate proceeded to INUAGD Os TENTH PAGE —