The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-03-27
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Court of Impeachment" on the 23d, at
o'clock, p. NJ, Chief Justice Chase in the
chair
The managers of impeachment, and the
other members of the House, and the Presi-
dents counsel entered and took their seats.
Mr.. Davis made a motion as follows:
THE constitution having invested the SEN
ate with the power to try cases of impeach-
ment, and ten States (naming them) being
unrepresented, and each State being entitled
to two Senators, therefore the question is
whether the Senate as at present constituted
has the power to try the articles of impeach-
ment preferred against Mr.. Johnson"
The motion was rejected by vote of 40
to 2-the latter being Mr.. Davis and Mr.. Nc
Creepy.
The Presidents answer was then made by
his counsel, and is quite voluminous, occupy
ing about an hour and half in the reading.
The President answers specifically each article
OF the impeachment, either denying the facts
charged therein, or admitting the facts, and
denying that any offence was committed and
intended thereby. The Presidents answer
reviews at length the whole matter of the re-
moval of Secretary Stanton, and the designa.
ton of General Thomas to act as Secretary,
cd interim, and says the President was COM
PEELED either to allow the said Stanton to re-
sumo the said Office and remain therein con-
trary to the settled convictions of the Presi-
dent respecting the powers confided to him
and the duties required of him by the const-
tuition Of the United States and contrary to
the opinion that the first section of the ten
ure-ofoffice act did not affect the case of said
Stanton, and contrary to the fixed belief of
the President, that he could no longer advise
with or trust, or be responsible for the said
Stanton in the office of the said Secretary
for the Department of War, Or else he was
compelled to take such steps as might, in the
Judgment of the President, he lawful and ne
ecssary to raise for a judicial decision the
question affecting the lawful right OF the said
Stanton to resume the said office, or the pow
er of the said Stanton to persist in refusing
10 quit the said office if he should persist in
actually refusing TO quit the same and to
dent did, on 21st day of February, 1868, issue
the order for the removal of said Stanton in
the said first article mentioned and set forth,
and the c'icY authorizing the said Lorenzo
Thomas 10 AZ so Secretary of War ad inter
i'm in the said second article set forth.
The President denies that Stanton was
lawfully in possession of the office ofSecreta-
ry of War, on the 21st day of February, 1868,
and admits that he appointed Gen Lorenzo
Thomas Secretary of War ad interim, without
the advice and consent of the Senate, for the
reason that there was vacancy in the office
Of Secretary of War, and that he had the right
TO appoint General Thomas under the consti-
tuition.
The President denies the accuracy Of
reports of his speeches referred to in the
tenth article and alleges in justification that
he had communicated his views to Congress
relative to the misrepresentation of certain
States, and that such statements wcIc made
in accordance with his rights as an American
citizen, and as President of the United States.
Furthermore, the views and opinions express
sed by him in these speeches are the same as
he had expressed to Congress, and should be
so considered. In further answer to the
tenth article, in consideration of his duties to
the people, he hath and has the right of, on
occasion, expressing opinions to the people
relative to the duty and character of Congress,
the views, motives and aims of public men :;
and that abridging the liberty of speech and
the liberty of the people, he cannot but hold
that rule was and is his clear right and duty.
Therefore he insists that he but exercised the
right of any citizen in thus addressing his fell
low-citizens and therefore ia not subject to
impeachment or other action at law
After the reading of the Presidents an
swer, his counsel asked for thirty days time
in which to prepare the defence, which, after
some debate, was refused
On Tuesday, the question of allowing the
President time to prepare his defence, was
debated and determined in secret session of
the Senate sitting as Court, and the Chief
Justice announced that the trial would be
proceeded with, ON Monday, Both instant, and
the Court adjourned to that day.