Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-24
FORTIETH CONGRESS.
This Afternoons Proceedings.
TUESDAY, March "a.

Mr.. Morgan, from the Committee on FL
nance, repoI tea the bill to abolish the office of
Superintendent of Exports and Drawbacks.
MIR. Edmunds called up the bill to regula
the presentation of bills TO the Presi ideat and
the return Of the same.
1T provides that the ten days within which
the President is required to return any bill not
approved by him, shall be held to be ten calen-
dar days, except Sundays, alter the bill is pre-
sented to him; and any adjournment which
shall prevent the return of such bill shall bs
held TO be a final adjournment of session, and
not an adjournment Ia particular day.l
The bih was discussed by Messrs. Buckalew,
Mr.. Wilson, from the Committee on Military
Affairs, reported a bill authorizing the Secre-
tary of War to devote certain cam on to the
Lincoln Monument Association.
Mr.. Morton then advocated the passage of
the bill under discussion.
The bill was then passed by a vote of 80 to ~
Mr. Sherman offered an order that the order
relative 10 admission 10 the galleries be- sus-
pended until further orders, and that the Ser
geant-at-Arms take care that due order should
be observed during the progress of the trial
and be authorized to bring to the bar of the
Senate any person offending against the rules,
and that the ladies gallery, the diplomatic gall
lery, and the reporters gallery be Reserved for
those entitled to admission therein.
Mr.. Sherman asked that the order lie on the
table.
AT one o'clock the President pro tem vacated
the chair, and it was occupied by the Chief
Justice.
The Sergeant-at-Arms, by direction OF the
Chief Justice, made the usual proclamation
commanding silence.
The counsel for the President entered and
took their seats.
The Managers of Impeachment were an
nounced, and came forward and took their
seats, and were followed by the House Of Rep
The journal of proceedings was then read by
the Secretary, Mr.. J. w. Forney.
The message of the House, announcing that a
replication had been adopted, was then read by
the Secretary.
The Chief Justice stated that the Senate was
ready to hear the replication.
Mr.. Boutwell,, fostthe Managers, arose and
The Chief Justice-The replication will be
received and filed.
On motion of Senator Johnson, an authenti.
Gated copy of the replication was ordered to be
furnished the counsel TOR the President.
The Chief Justice stated the question now
before the Senate was the order submitted by
the Senator from Maryland, (Mr. Johnson,)
which he directed the Secretary to read, to al
low ten days to the President to prepare for
trial.
Mr.. Sumner submitted a substitute that now
the replication having been filed, the trial pro-
ceed Immediately from day to day.
Mr.. Edmunds moved that the Senate retire
for consultation.
MIR. Sumner.-No; no.
Mr.. Howard and others.-No.
The Chair put the question on the motion of
Mr.. Edmunds, and announced that it was de-
cided in the affirmative
Mr.. Conkling called for the yeas and nays,
when the motion was decided in the affirma-
tive, as follows:
Ndys-Messrs. Anthony, Bayard, Buckalew,
Corbett, Davis, Dixon, Doolittle, Edmunds,
EeSsenden, Fowler, Frelinghuysen, Grimes,
Henderson, Hendricks, Howe, johnson, Nc
Creery, Morrill, of Maine, Morrill, OF Vermont,
Morton, Norton, Patterson of New Hampshire,
Fsn Ht
Ieds-Messrs. Cameron, Cattell, Chandler,
Cole, Conklng, Conness, Cragin. Drake, Ferry,
Harlan, Howard, Morgan, Nye, Ramsay, Ross
Sherman, Stewart, Sumner, Thayer, Tipton
Trumbull, Wilson and Iates-23.
The Senate then, at 1:l5 p. No., retired for con-
sultation.
HOUSE OF REPREsKNTATIvEs.-Th House OF
Representatives having taken a recess until II
O'Clock this morning it was called to order at
that hour.
Mr. Cullom (Ill.) introduced bill to amend
the revenue laws Referred to Ways and Means
Committee.
ON motion of Mr.. Blaine, (Me,) the Senate
amendment to the Post Office Appropriation
bill was taken up and concurred inl
On motion of Mr.. Woodward, pa the Com
mittee on Judiciary was directed to inquire
into the expediency of repeating so much of the
act Of 25th February, 1852, as makes anything
but gold and silver legal tender for the pay.
ment of debts.
MIR. McClurg (Mo.), from the Committee on
Elections, submitted report in the contested
election case from the 9Th kentucky district
with two resolutions; the first declaring that as
John ID. Young bad voluntarily given aid and
comfort TO the enemy during the late war he
was rot entitled to q seat in this House; and
thrt Samuel Mckee, not having received ma
Jorlty OF the votes cast, was not entitled to q
seat.
Mr.. Kerr Qnd.) submitted a minority report,
declaring Mr. Young entitled to his seat. Both
reports were laid upon the table to be called up
for future consideration.
Mr.. Poland (Vt.), from the Committee on the
Revision Of the Laws of the United States, re.
ported back Senate bill in relation to the settle.
ment Of public accounts. 1t amends the act Of
March Sd, 1877 and secures more prompt set
Elements, it obvlates the necessity of accounts
passing through so many offices as heretofore. I
The bill was passed-yeas l01 nays lS.
A message was received from the Senate by
Mr.. Forney, its Secretary, transmitting a certi-
fsa copy OF the answer Of the President of the
United States.
Mr.. Chanler IN. " asked that the message
of The President be read.
TIE Speaker ruled that the order of the Sen
ete transmitting the answer could be read, but
hat gentlemen could not call for the reading of
the whole answer.
MIR. Boutwell,, (Mass.,) on behalf of the I'm
peachment Managers then submitted the Re-
pication, published in another column of the
STAR.
Mr. Boutwell, Immediately offered the fol.
lowing:
Resolred, That the House OF Representatives
hereby adopt the replication TO the answer of
the President as soon as submitted by the Board
of Managers.
Mr. Spaldng (O.) did not think the replica
ton was full as il should be, and he warned
the Mana gers to be careful, as they might find
themselves entrapped by the lawyers conduct
ing The other side of the case.
Mr. Bout tweI did not feel at all apprehensiye.
for he thought the replication met the whole
case.
MI Wood ward (Pa.) said that the answer of
the President TO the 18th charge amounts to a
demurrer, for he denies that he has committed
an impeachable offence. That puts another
question in issue, and there should, therefore,
be special replication to answer that demurrer
in form. The issue should be made up as in
answer to the demurrer contained in the 1Ith
article, for otherwise there could be no proper
issue joined.
Mr.. CHAM (O.) said it would be noticed
that article II, as well as all the other articles
charge high crimes and misdemeanors in Office
and while the ans wer leaves much room for
discussion, in the answer to this last arti.
committed q crime, and his answer amounts
to nothing more than a plea Of not
guilty. Under Parliamentary law, and in
tIIal Of impeachment there Is no such
a thing recognized as q demurrer, and
the attorney for the defense do not claim it,
The answer Of the President to the articles Is
in the same form exactly as though he had en-
tered plea Of not guilty. There was no rule
that could he produced that would recognize q
demurrer in 'he case OF impeachment.
Mr.. Boutwell,, AT this point called the pre-.
be would yield TO gentlemen for discussion,
and would yield particularly to gentlemen on
the minority side of the House.
The previous question was seconded, and
Mr. Poutwell yielded.
Mr.. w God IN. Y) first excepted to the aver
ment contained in the replication Of the Man.
ayers. That averment was that 1t was pre-