Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-29
F0RTIETH CONGRESS.
This Afternoons Proceedings
SATURDAY.. February 20.


the Legislature of Missouri, asking aud to re-
PAIR the levees Of the Mississippi. Referred 10
Committee on Commerce.
Mr.. Nye presented petition OF Capt X. W.
Meade, asking 10 be estored 10 the active
list OF the Navy. Referred TO the Naval Com
mittee.
Mr. Howard moved to take up the report Of
tne speclal committee respecting impeachment
On motion of Mr.. Wilson the Secretary Of
the Treasury was requested 10 inform the SEN
ate for what cause and by what authority he
withheld from the Governor OF Idaho Territory
his salary.
Mr.. Thayer introduced bill to abolish the
Office of Adjutant General Of the Army. Re
ferred TO Committee on Military Affairs.
Mr. CIagin introduced a bill to provide for
the holding of United States courts in the Ter
rltoriss Of the United States Referred 10 the
Committee on the Judiciary.
The rules to regulate the impeachment trial
We're then read as reported by the Special Com
mittee.
Mr.. johnson thought il would be better TO
take a separate vote on each one of the articles
1t was possible that many of the Senator'S, and
he Mr.. J. y was one of them, might be in favor
of some OF the articles, and opposed to Others
He therefore moved that the articles be consid-
cred seriGtim.
Mr.. Edm unds.-And that they be considered
IN Committee of the Whole
Mr.. johnson assented TO the suggestion.
Mr.. Davis said he would make n motion,
which ne was not sure would receive support.
He moved 10 recommit report 10 the committee,
with instructions that As the Constitution pro-
vlded that the Senate should consist of two
members from each State, the = nate could not
sit as a High Court of Impeachment while
Senator'S from the States of Virginia. North
Carolina, South Carolina treorgia. Florida.
Alabama Louisiana, Texas, Arkansas, and
Mississippi Were not present, and IL appears
that one of the States named have selected SEN
ators TO represent them in the Senate OF the
United States.
whether II was competent for the Senate Ia lit
as high court of Impeachment on the trial
OF the President Of the United States when
complete representation of all the States
did not compose the court. He maintained
that the Constitution gave 10 every State
Its equal representation in the Senate. and
any exclusion placed the control OF the
whole Government in the hands Of
a majority OF Congress. II the principle
that State is entitled TO equal representation
IN the senate be conceded, as he presumed II
would be, then that principle is about 10 be
violated in this matter. Now, Is Virginia a
State in the Unionl Tennessee stood in the
same footing as Virginia. and Andrew johnson
had sat here as Senator from that State during
the greater part of the war. In the latter part
OF 1851, his respected friend (Mr. Wiley aud
Carlisle appeared here as Sssnators from the
State OF Virginia.
The Senator from Delaware TMr. Bayardl had
argued against their admission, but they were
admitt' d by the Senat', and the whole question
as TO whether Virginia was still a State IN the
Union Mr.. Bowden, elected 10 fill the vacancy
OCCASION, either by the expulsion of MI Hun
ter or Mr.. Mason, had been admitted and
ItNldlnfO mere uhtn he DIED. Ali these
gentlemen had the same privileges here
as other Senators. In the Hous-, during the
war, three or four members from Virginia were
admitted. Mr.. Maynard and Mr.. Clements Of
Iennesst e, had also occupie: seats in the House
during the same period. Some time in l~lil
Messrs. Horn and Flanders appeared as repre-
sentatNes from the State of Louisiana, were
sworn ia az members OF the House, and served
out their terms.
Mr.. Bayard said he did no think
this was the time TO discuss the question
hx fha fro, L.,, IL.
not think the Senate in its Legislative
capacity had anything 10 do with this question.
and therefore, without committing himself one
way or the other, he should be compelled TO
vote against the racommittal. When the Senate
hsd resolved itself into Ugh court Of impeach-
ment, the person who was accused might pos
slbly raise this question of jurisdiction. but
until that time, and until he had heard the
arguments, he (Mr b. would not allow
himself TO form an opinion the subject
Mr. Davis had considered the objection ug-
g.sted by the Senator from Delaware. and he
had come 10 different conclusion. He thought
II vas eminently proper for the Senate 10 de-
eide this matter in Its legislative capacity, be-
cause, II his point was sustained, the Senate
would have no right TO resolve itself into a
High Court of Impeachment. II those States
now excluded are entitled to rpresentation tban
that settles the whole matter. The Senate by
allowing the Senator from Virginia TO occupy
h.s seat here. recognized that State as in the
MON and as entitled to the rights of all the
ether states. MIR. d. then enumerated a num-
ber OF The acts OF Congress the effect Of which
he contended, WAS TO acknowledge all the
Southern States as States in the Union.
MIR. Morton said If he thought this was not a
legal Congress he would not be willing TO s,ay
here. If he thought this was a fragrneutory
body, he would consider II a fraud if he received
any pay or mileage, and he should imagine the
Senator from Kentucky would think the same
thing. This Senate was Just as competent TO
set as high Court OF Impeachment. a. 10
transact legislative business. The Senator
seemed 10 ignore altogether in his argument
the fact that We had had a rebellion
ard that by 1t these States had forfeited their
rights. He regarded the Senator's pr essence hero
a. a protest against his own argument. He
took issue with the Senator at once that every
State in the Union was entitled TO two Senators
These nine Northern States had no legue State
COVER nments, and therefore had not the power
TO send Senators here.
Mr.. Davis said. under the Constitution. less
than quorum OF Senators had the power To
meet and adjourn from day to day. aud during
that period were entitled TO ,heIr pay The
Constitution provides that a ma iority of all the
Senators shall constitute a quorum. and it took
this Senate n year or eighteen months TO come
to different conclusion The late Senator
Foot and Mr.. Foster, then in the Senate
had, in most able and forcible arguments
protested against the action of the Sanata
In the carly history Of our Government both
the Senate and the House ad lou rned from tine
10 time until n majority of all the members
of Congress. He contended that Congress and
every department Of the Government had re-
peatedly recognized those States as in the
Union. and IL WIS not competent for a mutt
ltttu - nate 10 SIT as a Dlgh court OF lmpeach-
ment.
Mr Johnson said the majority of the Senate
had decided that those States, in their preS.nt
condition. were not entitled 10 representation
in this body. and he was compelled 10 submit
Mr.. j. then alluded TO the arguments of Mr.
Davis, and said that unless everything which
We have done since ls65 5Is void, unless the Pres
dent has erred IN recognizing this "a legal
body. and unless the courts have erred, then
everything which has been said by the
Senator from Kentucky goes for nought.
HOUSE OF REPREsENTATIvEs-Th House
resumed the cons liberation of the bill amending
the act providing for the construction of a lail
m and for the District of Columbia IThe
amended bill rescinds the contracts hitherto
made for the erection of Jail, and authorizes
new contracts TO be entered INTO for the build
ing, upon a lot of ground other than In the
locality selected-Just south Of the CapitoI
The printed report upon the subject submitted
by the Committee on Public Buildings and
Grounds was read in full
Mr.. Ingersoll hoped the question would not
be pressed IN the House at tins time The Com.
mittee on District Of Columbia had had this
matter before them, and he hoped no action
would be taken until that committee had take
tes stimony in the case.
Mr.. Covode pa said the Committee on Pub
lie Buildings and Grounds had faithfully per-
formed their duty in the premises, ana had
taken all the testimony that was necessary
The COMMITTEES had found that this lail CONTRACT
.wf.. .2zl. -