The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-12
CONGRESSIONAL.
WASHINGTON, May IL.
SENATE.

Chief Justice addressed the Senate as
follows:
SENATORS In conformity with what
seemed to be the general wish of the
Senate when it adjourned last Thurs
day, the Chief Justice in taking the
vote on the articles of impeachment
will adopt the rule sanctioned in the
cases of Chase, Peck and Humphreys.
He will direct the Secretary to read the
several articles successfully, and at, er
the reading of each article will put the
question of guilty or not guilty, each
Senator rising IN his place In the form /
used in the case Of Judge Chase:
Senator, how say you, Is the respond
ent, Andrew johnson, President of the
United States, guilty or not guilty of a
high misdemeanor as charged in this
article" In putting the questions on
articles 4 aMd s, each of which charges
! crime, the word crime Will be susstl-
tuted for the word misdemeanor.
The Chief Justice has carefully con-
sdered the suggestion OF the Senator
! from Indiana, (Mr. Hendricks) which
appeared to meet the approval OF the
Senate, that in taking the vote on the
llth article the question should be put
ON each clause and found himself unable
to divide the article as suggested. The
ar icle charges several facts, but the>
are so connected that they make bat
one allegation and they are charged as
making one IKisdemeanor. The first
fact charged is i'll substance that the
President publicly declared IN August,
lS60, that the 18th Congress was Con-
gress of only part of the States and not
constitutional Congress, intending
! Thereby to deny its constitutional COM
Potency to enact laws or propose an
amendment u the Constitution ana
! this charge seems to have been made
AS iulroduc DRY aud as qualifying that
which follows, namely: that the Presi-
dent, i'll pursuance OF this declaration,
attempted TO prevent the execution OF
the tenure OF office act by cJntrlvlnS
AID attempting To cOntrlve means 10
plevcut Nj. Stanton tiom assuming the
functions OF Secretary OF War, alter The
refusal II the Seuave to concur III his
Suspensions, and also, by cOntr wing aud
attempting To contrlve means To prevent
tuo execution of the appropriation act
Maj Gil ID, lS67, and aIsn tn prevent
tue execution OF the rebel State govern
uurut, ALI U1 The same date.
The SravaIneu of the article seems 10
DC thai the President attempted To de
feat tue execution of the tenure OF office
act aud that he did this in pursuance OF
a declaration, which was Intended to
invade the constitutional competency OF
Congress to enact laws or propose con-
siltutiunai amendments, and by e0ntrl-
wing means 10 prevent Mr.. Stanton from
reSnming his Office OF SecrCta and also
to prevent the execution OF the appro-
prlation act and rebel State government
act. The single substance OF the mat
tor charged is the attempt to prevent
the execution OF the tenure OF office act
and other facts alleged either as intro
ducturA aud eXhIDltiOS tins general pur
pose OF a. showing the means Cnntrtved
40 TIC turt herauce of tsat attcmpt. ThIs
single matter COnnGcIrd with the other
ruaItcls previously and subsequently
alleged is charged as the high mlsde
meanur uf when the President is alles-
ed 10 have been guilty.
Tue general question, guilty or not
guilty OF high misdemeanor, as charg-
ed, seems fully 20 cover the charge aud
will be put OH this article as we'll on
the others, to the Senate direct.
The division suggested by the Senator
from New York (Mr. Conklius) may be
more easily nia,ie. 1t contains more
general allegation, 10 tue effect that sn
the 18th day of August the President,
with the intention TO set aside the
rightful authority of Congress and bring
it IA contempt, delivered certain scan
daiOus haraugues and therein uttered
loud threats and bitter menaces against
| Congress and the laws of the United
States enacted by Congress, thereby
bringing the office of President into dis
| grace to the great scandal of good citi-
zens, and sets forth III three distinc
specifications the menaces complained
of in respect to the several speciiiea
uuus, aud then the question of guilty
o: not gRilty OF Il high misdemeanor as
clarg, d in the article can also be taken.
The Chief Justice, however, sees no
objection in putting the general ques-
ton on this article in the same manner
Is The others, for whether particular
question be put on the specifications or
not, tue final question must be deter
mined by the Judgment of the Senate
whetheT the facts alleged in the speciti-
cations have been sufficiently proved,
and whether If sufficiently proved they
amount to high misdemeanor within
the meaning of the Constitution. On
| the whole, therefore, the Chief Justice
! thinks the better practice would he TO
put the general question on each article
without attempting to make ans snbdl-
vision, and will pursue this course limo
objection is made. He will, however,
| be pleased to conform to such directions
~ the Senate may see fit in this matter.
| Whercupou Mr.. Sumucr submitted
the following order, which was cOnsid-
rrGd by unanimous consent and agreed
upon:
! OrdareG, That the question he put as
proposed 10y the presiding officer of the
Senate, and each Senator shall rise IN
| his place aud answer guilty or not,
| guilty only.
On motion of Nc. Sumner, the Senate
proceeded TO consider the following
resolution, submitted on the 25th OF
April:
| ResOlred, That the following be added
! to the rules of procedure and practice
IN the Senate whea sitting at the trial
/ of an impeachment Goa conviction
10y the Senate il SHALL be the duty OF
the presldi.g Oticer forthwith To pro
uounce ,he removal from office of the
convicted person according To the re-
quircment of the Constitution. Any
l .tnrther judgment shall DO ON the order
/ # the Senate
! After debate, the cuief Justice an.
mouucrd that the hOur OF IL o'clock
A NJ, fixed by order of the Senate for
drlIDeration and debate, had arrived,
/ aud that Senators could now SnGnlt
, their views on the several articles Of
Impeachment. subject 10 the limits OF
debate fixed by the 23d rule, and after
/ dejiheTatiou. at ten minutes before two
o'clock. the Senate took Il recess OF
twenty minutes. Subsequently, after
| further elaboration, another recess Was
~ ~