Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-23

upon weak points in the acts vetoed. 1t is
probable, however, that Mr.. Black has had
much less to do with the preparation of these
papers than has been supposed; but uu5oubt-
edly his advice and suggestions have had great
weight with the Executive. In person Mr..
Black is tall, raw -boned, angular in feature,
and is said ~ hear no little resemblance to
ord Brougham. As lawyer he stands in
the frst-class and se is noted for that audaci-
ty and fertility OF resource which serve a law
yer better in many instances than ala his learn
ing and experience. Mr.. Black was not prs
ent at the of,ening of the proceedings TO day.
Hon. :. Groesbeek, OF OHIO, who appeared to-
day for the first time one of the counsel for
the President, isa lawyer Of fine standing in the
West. He was IN the Thirty-seventh Congress
from Ohio, and in pciitics is war Democrat
His appearance indicates crce and self pos /.
session.
Lastly, there is Mr. T. 4. r. Nelson of Ten
nessee. -NT. Nelson was in the carly part Of
the war an earnest Union man, and was elected
TO the Uuited States Congress as such, from his
district an East Tennessee, in August, 1851; but
being taken captive by the rebels on his way to
attend the following session Of Congress, he
recaned his allegiance to the Union, and threw
the weight o< his influence tbenceforward in
favor of the rebellion until the end. As Mill.
tary Governor of Tennessee, Mr. johnson was
pretty severe in his denunciations of the poll
teal course of Mr.. Nelson, and it is noted no W
as a curious reverse Of circumstances that Mr.
Nelson should now appear before the Senate
as oneof Mr.. Johnson's advocates. The con-
ceded ability of Mr.. Nelson among those by
whom he is best known, has doubtless caused
his retention by the President rs one of his
counsel In appearance Mr.. Nelson is rather
nli flap hril 10 a tn
ate manner in which he enunciates his words,
while drawing upon his head the blessings of
the reporters, tends TO make his speaking
monotonous and tiresome.
Judging from externals, Messrs. Stanbery
and Eyarts will do the scalpel work Of the trial,
and Messrs. Curtis, Black, and Nelson the
sledge-haulmer business.
Opening of the Trial.
At 1870 Mr.. Wade announced that the hour
had arrived when business should be Suspend
I'd, and the impeachment trial should begin.
Mr.. Trumbull required that the resolution
should be read, and thought that one O'Clock
was the hour.
Mr. Conklng said il was a mere technical
point, and thought that Nj wades eonstruc-
ton of the rules was correct.
Mr.. Edmunds concurred with Mr.. Trum.
bull. The Senate was not ready to proceed
j IL.
the Managers Were not in attendance
At this point Nr. Mcpherson appeared and
read message from the House, which was
then received.
Some further discussion took place on the
subject between Senators Edmunds, Trumbull
and ConklIng, when Mr.. Edmunds withdrew
his objection.
The Secretary was then directed to notify the
Chef Justice and the House of Representatives
that the Senate was ready to proceed with the
t-ial of the President.
At ten minutes TO one the Represen tati YES
began to enter the Senate chamber and at on e
O'Clock nearly all were in attendance Mr.
Wade still occupied the chair, but vacated il at
CLOCK Thad. Stevens took his seat few
minutes before one. The Chief Justice ap.
peared a few seconds later and directed the
Sergeant-at-Arns 10 make proclamation, which
tlat officer did IN the usual form. The Man.
aeers then entered, and were announced. They
entered in the following order: Bingham and
Boutwell,, Wilson and Williams, Butler and
Logan.
The Sergeant.at-Arms then announced the
Eouse of Representatives, who filed of on el.
ther side and took the chairs assigned them.
At this time five hundred glasses were di.
r6 ct6 d on the floor from the fair occupants of
the galleries, while subdued murmur of many
sounds filled the House
The Presidents counsel entered and took
their seats while the members of the House
were coming. All were present except Judge
Black, as follows: Hon. Henry S Stanbery,
Hon. VIM. NJ. Eyarts, Judge Nelson, Judge
Curtiss, and Hon. w. s. Groesbeck
The Chief Justice commanded silence, after
which, the Secretary called the name of Mr..
Dolittle, who advanced to the Presidents desk
and took The oath
The Secretary next read the journal of the last
days proceedings.
After the reading of the Journal
Mr.. Davis said he would put the same aues-
uOn TO the Court that he did to the Senate. and
would therefore submit a motion in writing
The point of order was that the Senate could
not SIT as Court of Impeachment while Ger.
tain Southern States Were unrepresented.
Mr.. Howard objected. The reception of the
document was not in order.
Mr.. Conness moved that ii be not received,
and called for the yeas and nays.
Mr.. Trumbull held that the motion was in
order.
The Chief Justice then stated the Question.
and held that the order was In order under the
I'D rule of the Senate.
Another was made to adopt the order.
The yeas and nays were taken on the motion,
and resulted-yeas ,, nays 40.
Mr.. Stanbery then rose and said: In obedience
TO the order of the Senate on the last day, we
are here with our answer. We have abandoned
onr clients and our bushes in order to devote
every hour to the case, and il is a matter of
regret that the honorable Court did not allow
them more time for preparation. Nevertheless,
such as il was they would present it.
Judge Curtss then read the ans wer, substan-
stantially as follows:
The an nstreT Of AndTetc Johnson TO the Article of
Impedchment
In ans wer 10 the first article respondent says,
that Secretary Stanton was appointed py bra
ham LincolR, and was permitted by the laws
OF the United States TO hold office at the pleas
ure OF the President BY act Of 1889 1t was en-
acted that said Secretary shall perform such
duties as shall be assigned him by the Presi-
dent, and that he shall conduct his business in
such manne as the President from time to time
may direct. Respondents further ans wers that
in accor dance with the practice of each an
every President of the United States said Stan
ton became his advisor, and that he succeeded
TO the Office of President by reason of
the death of Abraham Lincoln, and
the said stanton held ihis commission under
President Lincoln, and at no time receiv ed
any appointment or commission from hlm,
save in mere matters of detail. He further
answers that on or about April 5, 1867, he be-
came convinced that he could not suffer Stan.
ton TO hold office without detriment 10 the pub
lie interests, and thereupon, by force of the
Constitution and laws of the United States and
by virtue of the power and authority YES ted
in him by the Constitution and laws, did
send him the following note. [Counsel read
the letter aforesaid, and Mr.. Stanton's reply
says that it became the official duty Of the Pres
dent of the United States to consider his powers
and duties IN such case, and that he thereupon
in fha a