Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-02
F0RTIETH CONGRESS.
This Afternoons Proceedings,
MONDAY. March q

prehendin John SuIIatt. Referred TO Com
mittee on Claims.
and booksellers Of Philadelphia asking an
amendment Of the copyright law.
Mr.. Buckalew presented remonstrance of cit-
lzens OF Fhiladelphia against the un constitu-
gTess, including the Supreme Court biII and
the Supplementary Recon struction bill Re-
ferred 10 the Committee on the Judiciary
MT Wilson. from the Committee on Military
Affairs, reported the bill 10 facilitate the SETTLE
ment of paymasfers accounts.
MI Nye introduced a bill relating 10 the Al
exandria canal. Referred TO Committee on Dis
On motion of Mr. Howard, at IL % D. m the
Senate proceeded To consider the rules re-
ported oy the select ommittee TO regulate trials
OF impeachment. The thirteenth and four
henth rules were read and passed over
The fifteenth rule was read. and on mott on
Of Mr.. Drake amended TO read a. follows All
motions made by the parties or their counsel
II he or any Senator shall require il. they shall
oe committed 10 writing, and be read at the
Secretary's table.
Rules is, IL, Is, and Is were read and passed
over. -....
Rule 20 was read.
Mr.. Drake moved to amend that the person
raising the question shall be entitled to one
hour In opening and Is minutes in closing. but
after some discussion withdrew the amend ment
Mr.. Grimes moved to strike out the 10th rule.
De did not see that there was any necessity for
such a rule.
Mr.. Edmunds said il the argument Of the
Senator was carried out, il would apply TO all
the rules made by the enatr, and they would
have TO wait until the necessity arose for a rule
before making il. II Senators thought the time
was not long enough, let them make IL one
hour, tw hours. or three hours: but IL would
not do to strike out the rule. He would saw
with perfect frankness that this rule was in
tended to restrain the prosecution as well as
the defence. 1t would not do TO stop the court
in the middle of the trial to make a rule
Mr.. Grimes said in the four impeachment
trials which had heretofore taken place in this
country no limit had been placed to the argu-
ment, and, now, WAS this this limit TO be set for
a trial not only the most momentary in the his
tory of the country, but in the history of the
world. Suppose IL the counsel was cut of in
his argument at the end of an hour, and when
he had much more 10 say which he thought was
material, in what a position would they be
placed before the country by refusing to give
him an extension Of time.
Mr.. Edmonds said this WAS only a prelimi-
nary rule. The Court could al any time extend
the time Of the counsel, and he took il for
granted that there would be enough Justice TO
do SO when there was any Just reason fer it.
Mr.. Buckalew also advocated TO strike out
the rule. He had no idea that any OF the learned
counsel who would be employed by the defense
would weary their patience by wandering off
into irrelevant discussion. The tIme-hopored
rule of the Senate to latitude of discussion
should be preserved.
Mr.. Morton said this had nothing to do with
the practice of the Senate. This body had 10
try impeachment cases when presented before
them. The object of this rule was not to cut
off fair opportunity for argument and discus
sion, but TO prevent delay. One o these i'm
parchment trials had occupied seven years,
and ii was necessary that this present trial
should not be prolonged during the whole ses-
sion.
Mr.. salisbury said il was the practice of
courts TO prescribe rule, because il was a ne
cessity TO clear the dockets. There is, however,
but one case here but one trial, and why not
give all the time desired by the counsel The
country then would place more confidence and
respect in their verdict than IL the matter was
pushed on TO a hasty conclusion.
House. OF REPREsENTATrvEs.-Th House
reassembled at 10 a. m, there being but few
members present, and but a sim attendance
upon the floor.
A large number of gentlemen obtained leave
TO PRINT their remarks upon the subject of I'M
peachment.
Mr.. Garfield (Ohio) obtained the floor, and
proceeded to argue upon the power of the Pres
ldent TO appoint and remove officers. The pow
ct OF removal. he said, was only incident 10 the
appointing power. There is no such thing
known TO the Constitution as the power of the
President to remove an officer He may ap-
point, but he cannot remove. In this case the
President has committed a clear and undoubt-
ed violation of the Cons titution in the removal
OF Mr. Stanton and the appointment of Lorenzo
Thomas. Mr.. Johnson's whole career since hi
desertion of his party has been 4 clear and ex.
plicit violation OF the Constitution, which has
at last eliminated in the overt Act for which
he rs now about TO be placed upon his trial. He
would suggest two notifications of the report
OF the committee, one 10 declare the military
offence OF the President in his attempt TO create
mutiny, as was evidenced by his CONVERSE
tion with Gen. Emory. He would also strike
out the clause which states that the President
had appointed General Thomas, for he could
not appoint except by concurrence with the
Senate; and he would state that the President
had issued TO Thomas that which purported to
"a k4 nd hnld
office. He hoped the committee would accept
these suggestions, and with impeachment re-
duced TO these two points the question would
be reduced 10 very narrow compass, and not
much time, labor or expense would then have
TO be wasted upon the trial. In conclusion.
Mr.. Garfield argued that but tor the restraints
Of Congiess the President would ere this have
become gross usurper OF power.
Mr. Lawrence PA. mex addressed the House.
He sand he had originally opposed the impeach-
ment OF the President, because he doubted II
there was sutficient cause. He referred 10 Mr..
Johnson's 22d of February speech. TO his
speeches when on his tour North and West and
10 his numerous yetoes, and said there was not
sufficient cause in any Of these acts TO Justify
Impeachment; but when he was guilty OF an
open and premeditated violation of law: when
he removed Mr.. Stanton without authority by
law; and when he endeavored to use the armv,
as was shown by his conversation with Gen.
Emory. IL was time for the House TO act His
[Mr. Lawreneel constituents had formerly OPP
posed impeachment, but now they were favor
able TO it, as was evinced by letters he had re
ceiyed; and he would say, furthermore, that he
had received letters from leading Democrats in
his district who also approved of the impeach-
ment Of Mr.. johnson. fMessrs. Kerr and Hum
phrey. on the Democratic side, smiled at this
remark, when Mr.. Lawrence, turning to them.
sald:l My friends across the way need not
laugh, for il is the truth, and have received
many such letters
Mr.. Humphreys.-Giveu us the names of some
Of those Democrats.
Mr.. Lawrence.-I am not bound TO give
names that come to- me in private correspon-
dence; but my word should be sufficient
Mr.. Niblack (lnd) opposed the articles of
impeachment. He argued that from the earliest
days of the Government the power of appoint.
ment and removal was vested IN the President
and his right to exercise these functions was
Of Office ACT, Mr.. Niblack said IL was clearly un.
constitutional, and ii had been so held by Mr.
Stanton himself in whose interest ali this
quarrel was made.
Mr.. Williams pa asked M Niblack,s an.
thority for saying Mr. Stanton had held the
tenure of ONCE act unconstitutional.
Mr.. Niblack said 1t had so appeared in the
report Of the Committee on the Judiciarv on
the subject Of Impeachment
Mr.. Loughbridge (lowa) next obtained the
noor, and addressed the House in favor of the
adoption Of the articles of impeachment
Mr.. Pike lMo.l thought the country would
be best satisfied Of the justice Of the impeach-
crimes against the State were spread out ct
length. ii.-i.. TT. r 49, =
Mr. Pike then proceeded TO view the various
acts Of the President which he claimed should
subject him to charges Of usurpation and effect
his removal. He had opposed Impeachment
hitherto but be believed the time had now come
when an example must be made of Mr.. John
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