Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-03-17


ment on the other. AT the close of this dis
cussion, the Chief Justice announced that
the counsel of the President had asked con-
tinuance of forty days in which to prepare
their answer, and was about to take the vote
on the question, when
Mr.. Edmunds offered, as an amendment to
the motion an order, that the respondent be
required to file his answer on or before April
first next, and that the House of Representa-
tives put in its replication within three days
thereafter, and that the matter stands for trial
on Monday, April 9th.
Mr.. Bingham said he was instructed by the
managers to ask that the vote be taken upon
tho original motion, as that would settle the
enforcement of the rule
The Chief Justice said Mr.. Edmunds' order
was put MS an amendment
Mr.. Morton moved that the Senate retire
for consultation.
This motion was agreed to- and at 2 o'clock
the Senators retired to the marble room for
consultation.
At four o'clock the Senators re entered the
Senate chamber, and the Chief Justice re-
sumed his chair
The Chief Justice then addressed the
counsel for the President and notified them
that the Senate had declined to grant the
request for forty days time in which to pre-
pare to answer the articles of impeachment,
and then directed the secretary to read the
order agreed upon by the Senate.
The secretary then read the order, which
requires the respondent to file his answer on
or before the 23d of March instant.
Mr.. Bingham said he was instructed by the
managers of the impeachment on the part of
the House of Representatives to offer the
following order:
"Ordered that upon the filing of replica>
ton by the managers of the House of Repre-
sentatives to the answer of Andrew ohnson
President of the United States, to the articles
exhibited against him by the House of Rep
resentatives, the trial of said articles of inn
parchment shall proceed forthwith"
Mr.. Sumner-Question.
Mr.. Trumbull asked for the reading of the
order, and it was again read.
The Chief Justice put the question, and an
nounced that it was decided in the negative.
Mr.. Sumner called for the yeas and nays,
and the order was rejected, as follows:
Yeas-Messrs. Cameron, Cattell, Chandler,
Cole, Conkling, Conness, Corbett, Drake,
Ferry. Harlan, Howard, Morgan, Morton,
Nye, Patterson of New Hampshire, Pomeroy,
Ramsey, Ross, Stewart, Sumner, Thayer,
Upton, Williams, Wilson and Yates-25.
Nays-Messrs. Anthony, Bayard, Bucka>
lew, Davis, Dixon, Edmunds, Fessenden,
Fowler, Frelinghuysen, Grimes, Henderson
Hendricks, Howe, johnson, McCreery, Nor
rill of Maine, Morrill, of Vermont, Morton,
Patterson of Tennessee, Salisbury, Sherman
Sprague. Trumbul, Van Wrinkle, Vickers
and Willey-26.
The Secretary did not call Mr.. Wade's
name.
Mr.. Sherman offered an order that the
trial of the articles ofimpeachment shall be
proceeded with on the 9th day of April.
Mr.. Wilson moved to amend by striking
out April and insert April /.
Mr.. Butler desired to know if the mana
gers of the House had the right to DO heard
on this motion.
Mr.. Sumner-Unquestiona
The Chief Justice replied chat he consid-
cred the managers had right to address
the court on the motion.
On these propositions another discussion
ensued, Mr., Butler representing the mana
gers of impeachment, and Mr.. Nelson the
President. At the conclusion of Mr.. Nell
sons remarks,
Mr.. Conkling, of New York, offered the
following:-
Ordered, that unless otherwise ordered, the
trial of the pending impeachment shall pro-
ceeds immediately after the replication to the
answer shall be filed.
The Chief Justice stated the position of the
question before the court, and ruled that Mr..
Conklings amendment was not in order.
Mr.. Wilson then withdrew his amendment
lA1- -
then declared to be in order.
Mr.. johnson asked whether the proposed
amendment limited the time when the repli-
might possibly be filed without due notice
to the accused.
Mr. Bingham said the replication could
not be filed except by order of the House Of
Representatives, and thus due notice would
be given. He would say however, that the
replication would be filed within day or two
of the answer
Mr.. Conkling said he disliked to make a
point of order, but he mussejnsist that the
rule must be enforced requiring these ques-
tions to be decided without debate on tho
part of Senators.
Mr.. johnson said if the Senator referred
to him he would say that he had not debated
the question, but had simply risen to ask a
question.
The question was then taken on Mr.. Conk-
ling's order as an amendment to Mr.. Sher-
mans order, and it was agreed to by vote OF
40 yeas to 10 nays as follows:
Yeas-Messrs. Anthony, Cameron, Cattell,
Chandler, Cole, Conkling, CONFESS, Corbett,
Drake, Edmunds, Ferry, Fessenden, Fowler,
Frclinghuysen, Grimes, Harlan, Henderson,
Howard, Howe, Morgan, Morrill, of Vermont,
Morton, Nye, Patterson of New Hampshire,
Pomeroy, Ramsey, Ross, Sprague, Sherman,
Stewart, Sumner, Thayer, Upton, Trumbull.
Van Wrinkle, Wiley, Williams, Wilson and
Iates-40.
Nays-Mcssrs. Bayard, Buckalew, Davis,