The New York herald., 1868-03-24

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Senate with the sole power to try articles OF mpeach
men OF the President of the United States preferred
by the House OF Representatives, and, having. pro-
vided that the Senate shall be composed OF two
Senators from each State to be chosen by the Legs
lature thereof: and the States OF Virginia. North
Carolina, South Carolina Georgia, Alabama, Mssis-
sppi Arkansas Texas, Louisiana and Florida hav-
ing each chosen two Senators, who have been ex-
claded from on their seats respectively ordered that
dent cannot be legally and constitutionally formed
while the Senators from the States aforesaid are thus
tnues until Senators from these States permitted
to take their seats by the Senate subject to all con-
siutional exceptions and objections to their return
and qualifications severally.
Senator HOWARD, rep) of Mch.-Mr President
The CHIEF JUsTICE-The question must be decided
without debate.
Senator HowARD-I object to the receiving of the
paper.
Senator CoNNEss-I desire to submit motion
which will meet the case. move that the motion
be not received, upon which Call for the yeas and
nays
Senator HOWE, (rep.) Of wis.-I rise to submit
question of order.
point Of order.
Senator HOwE-I would ask If the motion offered
by the Senator from Kentucky be in orderP
The CHIEF JUsTICE-The motion comes before the
Senate in the form Of a motion submitted, made by
ment. The twenty-thrd rule requires that all the
orders and decisions shall be made and had by yeas
and nays, which shall be entered on the record and
without debate subject, however, to the operation
of rule The seventh rule requires the presiding
officer to, In the first instance, submit to the Senate
without admission all questions OF evidence In Incl
dental questions; but the same shall, on demand Of
one-fth Of the members present. be decided by yeas
and nays. The question, then, being on PROPOSE
tion submitted by Senator under the twenty-thrd
rule, it Is in order
Mr.. CONFESS, rep.) Of Cal.-Mr. President, is the
motion submitted by me in orderS
CHIEF JUsTICE-No, sir.
The call for the yeas and nays was ordered, and
they were called Messrs. Davis and McCreery only
voting "aye." Messrs. Salisbury, Bayard and Wade
did not vote. So the motion was not agreed to.
THE PRESIDENTS ANSWER.
Mr.. STANBERY then rose and said:-Mr. Chief JUS
tice, In obedience to an order of this honorable
court made at the last session, that the answer of
the President should be filed to-day, we have it.
ready. The counsel for the President abandoning
all other business, some Of US quitting our courts,
our cases and our clients, have devoted every
hour to the consideration of this case. The
labor has been incessant We have devoted,
as say, not only every hour ordinarily devoted to
business, but many required for necessary rest and
recreation have been consumed in it. 1t is matter
of regret that the court did not allow more time
for preparation; nevertheless we hope that the
answer will be found In all respects sufficient, such
as il is We are now ready to read and file 1t.
Mr.. CURTIS proceeded to read the answer as fol-
lows:-
In the Senate OF the United States sitting Court
OF impeachment for the trial OF Andrew Johnson,
President OF the United States: The answer OF the
said Andrew Johnson, President OF the United
States, to the articles OF impeachment exhibited
against him by the House of Representatives of
1as,cer 10 Article For answer TO the first article
he says that Edwin NJ. Stanton was appointed Secre
tary for the Department OF War the 18th day of
January, A. d. 1862, by Abraham Lincoln, then Presi
dent OF the United States during the first term OF his
Presidency and was commissioned according to the
constitution and the laws Of the United States, to
hold the said office during the pleasure OF the Presi-
dent: that the Office for Secretary for the Department
OF War created by act Of the First Congress in
its first session, passed the 7th day Of August,
A. d. 1882 and in and by that act u was provided
and enacted that the said Secretary for the Depart
ment of War shall perform and execute such duties
as shall from time TO time be enjoined on and en-
trusted to him by the President OF the United states
agreeably to the constitution relative to the subject
within the scope said department.; and furthermore,
that the said Secretary shall conduct the business OF
the said department in such manner as the Presi-
dent of the United States shall from time to time
order and instruct. And this respondent further an
swerng says that by force OF the act aforesaid and
Stanton became the principal officer In one OF the
executive departments Of the government within
Gle Of the constitution Of the United States according
to the true intent and meaning OF that provision OF the
constitution OF the United States and In accordance
with the settled and uniform practice OF each and
every President Of the United States The said Stan.
ton then became and so long as he should continue
to hold the Office OF Secretary for the Department OF
War must continue to be- one OF the advisers Of the
President OF the United States well as the person
entrusted to act for and represent the President in
matters cnjoned upon hin or entrusted to him by the
President touching the department aforesaid and for
whose conduct in such capacity subordinate to the
tha Ia hy thn
| laws OF the United States made responsible.
| And this respondent, further answering, says he
succeeded 10 the office OF President OF the United
States upon and by reason OF the death OF Abraham
Lincoln then President OF the United States on the
18th day OF April 1885, and the said Edwin NJ STAN
ton was then holding the said Office OF Secretary for
the Department Of War. under and by Of the
appointment and commission aforesaid, and not
having been removed from the said Office by this re-
| spondent the said Edwin NJ. Stanton continued TO
| hold the same under the appointment and commits
sion aforesaid, at the pleasure OF the President,
toned, and at no time received. any ap-
pointment or commission as above detailed.
and prior to the 6th day Of August A. d. 1857, this
respondent, the President OF the United States,
sponsiblc for the conduct Of the Secretary for the
| Department Of War; and having the constitutional
right to resort to and rely upon the person holding
that ofice for advice concerning the great and diff
cult public duties enjolned on the President by the
constitution and laws OF the United States became
satisfied that ne could not allow the said Stanton to
continue hold the ofce Of Secretary for the De-
partment OF War without hazard OF the public inter-
| est. That the relations between the said Stanton
and the President longer permitted the President
TO resort to him for advice or TO be- In the judgment
OF the President safely responsible for his conduct
OF the affairs OF the Department OF War as by law
required. In accordance with the orders and in
| structions of the President and tbereupon by
force of the constitution and laws Of the
| dent the power and the duty to control
the conduct OF the business OF that executive depart
ment of the government, and by reason OF the con-
sttutlonal duty OF the President to take care that
the laws be faithfully executed, this respondent did
necessarily consider and did determine that the said
stanton ought longer hold the said Office OF
secretary for the Department OF War; And this re-
spondcnt, by virtue OF the power and authority
vested In him President of the United States, by
the constitution and laws OF the United States to give
effect to such his decision and determination, did
the NTH day Of August A. ID. 1867 address to the said
stanton note OF which the following Is O true
copy:-
srn-Pnblc considerations OF high character consrain
me that your resignation as Secretary OF War viii be
accepted.
10 which note the said Stanton made the following
reply