The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-02

THE RlGn ceUaT. or IMPEACHMENT.
Trial Of President Andrew johnson,
Charged With High Crimes
and Nisdemeanors.

CuaTBeu WIFI 0lgn Crlme6
and Misdemeanors.
Sixth Days Proceedings. "a
UNITED STATES SENATE CHAMBER
WAsHNGT2N, April I, $685. !
| The Senate met at twelve O'Clock. A prayer was
offered by the Rev. James ]. Kane of Brooklyn, N.
Y. He asked blessing upon this great court assem-
bled for the trial Of the most momentous question
which has arisen during the existence of the nation
the records of the past showing that like crises
in other nations have been followed by war and
bloodshed. He prayed that God would avert the
danger Many In our border sought pretext
to make the sword leap from its scabbard and
| make 1t drunk with the blood OF their fellows.
He asked that God might turn to naught
the counsel for the ungody ana the crafness Of the
enemies OF our country; to remember the blood that
has already been shed, as well as Of martyred
President as Of those who died in the field and hos
pitfalls for their country. He especially prayed that
the representatives OF the people should be endowed
with wisdom and discretion; that the Executive be
guided by wisdom, whether he remain President
or mott that all his acts be marked by prudence and
moderation; that his constitutional advisers be also
guided by the spirit Of wisdom, well as all those
In authority over US; that the nation may be pre-
pared to receive the decision Of this great event and
abide by it; that especial blessing may rest upon
those who have the management Of this trial, 30
that the result may rebound to the honor and glory
Of God.
At ten minutes past twelve O'Clock the sergeantat
Arms Of the Senate announced the Managers Of the
impeachment on the part Of the House Of Represen-
tatves. All the Managers, except Mr. Stevens, en-
tered and took seats at the tables the left side Of
the area, In front Of the Secretary's desk. Subse
quenty Mr.. Stevens came In and took his seat. The
counsel for the President were already seated at the
right hand side. Then the Sergeant-at-Arm an
nounced the House Of Representatives OF the United
States, who entered In pairs, headed by Mr.. Wash
burne, .) Chairman Of the Committee Of the Whole
attended by Mr.. Mcpherson, the clerks and Mr.
Buxton, assistant doorkeeper, and closely followed
by the Speaker, Mr. Dawes, Mr.. Covode and Mr..
Window, who took their seats on the chairs in the
front aises. The members generally took their seats
In the chairs placed on the eastern and western
angles Of the chamber.
The Secretary then proceeded to read the journal
pied quarter Of an hour
MR.. SUMNER OBJECTS TO THE CHIEF JUSTICE VOTING
Senator SUMNER then rose and said:-
Mr.. PREsrDRNT-I send to the chair an order in
the nature OF correction OF the journal:
The Clerk read 1t - foows:-
happening the reading Of the journal Of yesterday that
ws s pa. % % divided the the
casting vote u u HEREBY eea that 10 the judgment Of the
On that question Senator SUMNER asked for the
and Tss SSs taken and resulted
YEAs-Messrs Cameron Chandler, Cole, Conkllng Con-
ness Cragn, Drake Howard Howe, Morgan, Morro Ne,
no,1 and 1hays TIP
" nsnd1cSs
Of Isnn Ross, Sherman, sprague Van Wrinkle, vcke
!, So the order was rejected. rf
THE TESTIMONY OBJECTED TO ON TUESDAY.
The Secretary then read the following form OF
ayers, to the witness, W. H. Bureigh, who was on
the stand yeserday:-ln answer TO my question that
On the evening Of the 2st Of February last state il ne
said anything g to the means which he intended to
pOsssssion q Is War Department; state ali that he
Me- srxSsss1, Counsel Tor the President, objected
The Chief Justice was about to submit 1t to the
Senate. when Senator Frelinghuysen submitted the
following question in writing to the Managers:-
"Do the Managers intend to connect this CONVEX
sation between the witness and General Thomas
MI. BUTLER, one Of the Managers, rose and said
that II that question was to be argued before the
on the question being repeated by the Chief Justice
Mr. Butler again rose and said that II the question
% on e
BY the Senator from New Jersey IN the course OF his
Senator TRUMBuLL called for the reading Of the
After it was read the CHIEF JUSTICE asked whether
the Managers proposed to answer that question Of
the Senator from New Jersey.
Mr.. BUTLER again rose aud said that II there was to
an y ne wed 1e @ Pap
OF counsel for the President, they proposed as more
convenient method, to answer the question in the
course of their argument and he could say that they
proposed the respondent with the question:
the CHIEF JUSTICE was about 10 put the question
Mr.. STANBERY rose to argue it. He said:-Mr.
Chief Justice and Senators-We have at length
no longer questions Of mere form and modes Of pro-
cedure, but questions that are proper 10 be argued
by lawyers and TO be decided by court The ques-
ton now Mr. Chief Justice and Senators, is whether
any foundation has been laid either in the articles
themselves or In testimony yet given for using the
declarations of General Thomas In evidence against
the President. General Thomas Is not trial. IT Ia
| the President, and the President alone, who Is
mony which is binding on him or admissible against
him. 1t Is argued that the President was
not present on the evening evening OF the, ,he 2ist OF
lions. TeJ made in the absence Of the President
He had opportunity OF hearing them or OF contra
dicting them. II they are TO be used against him
they must be made by some person speaking for him
by authority. First Of all, what foundation is there
in evidence as " what he intended to do, to
what the President had authorized him TO dor II
will be seen BY the first article the offence charged
order to Mr. Stanton for his removal, adding that
General Thomas was authorized to receive the trans
fer Of the books records papers, and property OF the
department. Now, the offence laid IN that article is
not as to anything that done under the order,
not as to any animus by which 1t was
| issued; but the order itself IL simply the
| pravarlen of the offence. SO much Tor the
first article Now what liz the secondS IL is that on
the same day, the 2lst OF February, 1s6s the Presi
dent issued letter OF authority to General Thomas;
and the gravamen there is the issuing Of that letter
| OF authority not anything done under It, What
nexts the third article goes upon the same letter
OF authority and charges the issuing OF 1t to be
| offence intended to violate certain act. Then we
| come to the fourth article, which charges con-
spiracy Senators viii observe that in the first three
articles the offence charged Is issuing certain orders
in violation either OF the constitution OF the act
article the Managers OF tie House proceed
/ TO charge us with an entirely new offence against
/ a totally different statute, and that il n
| conspiracy between General Thomas ana the
| President, and other persons unknown by force
in article and by intimidation In another to en-
deayor TO preyent Mr.. Stanton from holding the Once
L war m oura ancao ff of