The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-05-13
WEDNESDAY MAY Is, 1853.
The Senate Monday-Chief yustIce
i * ChaSe,s Remarks.

-
The CHIEF JUSTICE stated that, in
compliance with the desire Of the Senate,
he had prepared the questions to be adj
dressed to senators upon the articles of inn
peachment, and that he had reduced his
views to writing which he read. 1 -
Mr.. BUCKALEW submitted the following
motion, which was considered by unani-
nous consent, and agreed to: 4 60 ss
Ordered, That the views of=the CHIEF
JUSTICE bssentered7 upon the journal Of
proceedings of the Senate. for the trial of
impeachment st.si - 'Sst 4 -
The following are the views of the CHIEF
JUSTICE: s9ssi7s.ss, -.'s
The CHIEF JUSTICE e arose and addressed
the Senate as follows: ~
Senators, In conformity with what
seemed to be the general wish Of the Senate
when it adjourned last Thursday, the CHIEF
JUSTICE, in taking the vote on the articles
Of impeachment, will; adopt the mode sane
toned by the practice in the cases of Chase,
Peck, and Humphreys.
He. will direct the Secretary to read the
several articles successfully, and after the
reading Of each article will put the question
Of guilty or not guilty to each senator, ris-
ing in, his place, in the form used in the
case of Judge Chase 80 ...E
(" MIR. Senator ----, how say you is the
respondent, Andrew Johnson, President Of
the United States, guilty or not guilty of a
high misde eanor, as charged in in this arti- q Il
Gle ~ sSs.rsiI: :s ias,. .,,ss1 "a q s ..ais
In putting the questions on articles four
and six, each Of which charges crime, the
word sscrime will be; substituted for the
word pisdemeanoP.n Il *; lie
The, CHIEF JUSTICE has carefully consi
dered the suggestion Of the senator from In
diana Mr. 2HENDRIcKs) which appeared to
meet the approval of the, Senate, that in
taking the vote on the eleventh article the
question should be put on each clause, and
has found himself unable to divide the ar
ticle as suggested. The article, charges
several facts, but they are 80 connected that
they make but one allegation, and they are
charged as constituting one esmisdemeanor.
1.-The first charge is, in substance, thatfth
President publicly declared in August,
1866, that the Thirty ninth Congress WIS
Congress of only partsof the States, and d-not
constitutional Congress, intending thereby
to deny its constitutional competency to
enact laws or propose amendments of the
Constitution; and this charge seems to have
been made as Introductory and as qualify
ing that which ifollows-namely, that the
President, in pursuance Of this declaration
attempted to prevent the execution Of the
tenure-of-ofice act by contriying and at
tempting to contrive means to prevent Mr..
Stanton from resuming the functions Of
Secretary of War afterithe refhsalof the
Senate to concur in his suspension, and also
by contriying and attempting to contriye
| means to prevent the execution Of the ap-
preparation act Of March 2, 1857, and also
to prevent the execution Of the rebel States
governments act of the same date
The grayamen of the articles seems to be
that the President attempted to defeat the
execution Of the tenure-of-ofice act, and
that he did this in pursuance ofaa declara-
ton which was intended to deny the consti-
tutional competency of Congress to enact
laws or propose constitutional amendments,
and by contriving means to prevent Mr..
Stanton from resuming his Office of Secre-
tary, and also to- prevent the execution OF
the Appropriation act and the rebel States
governments act.
The single substantive matter charged is
the attempt to prevent the execution Of the
tenure-of-offce act, and the other facts
alleged either as introductory, and exhibit
ing this general purpose, or as showing the
means contrived in furtherance of that
attempt.lg.;s -5--saf. :si.a's
This single matter, connected with the
other matters previously and subsequently
alleged lis charged as the high misdemeanor
of which the President is alleged to have
been guilty. if2aa, 10 klllil.t
The general question, guilty or not guilty
of O high misdemeanor as charged, seems
fully to cover the whole charge, and will be
put as to this article as well as to the others,
unless the Senate direct some mode OF di-
vision. - !, 9i.F-,.,,s7s IL, -. - t,. - s,-t
In the tenth article the division suggest
ed by the senator from New York MIR.
CoNKL1Ne) may be more easily made. It
contains general allegation to the effect
that, ON the 18th of August, and on other
days, the President, with intent to set aside
the rightful authority of Congress and
bring It into contempt, delivered certain
scandalous harangues, 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, disgrace, to the
great scandal of all good citizens; and sets
forth in three distinct specifications the ha-
rangues, threats, and menaces complain
ed of. !. Z @ u, .s5: ~. *, .gg
-, In respect to this article, if the Senate
sees fit SO to direct, the question of guilty
or not guilty of the facts charged may be
taken in respect to the several specifca-
tions, and then the question of guilty or not
guilty-of a=high misdemeanor as charged
in thesarticle can alsebe taken.s ~
The CHIEF JUSTICE, however, sees no OBJ
lection to. putting the general question Oh
this article in the same manner as on the
others, for, whether particular questions be
put on the specifications or not, the answer
to. the final question must be determined
by the Judgment Of the Senate, whether OF
not the facts alleged in the specifications
have been sufficiently proved, and whether,
ifrsuf6eiently proved, they amount to a high
:misdemeanor within the meaning -of-the
Constitution. .sSE ~ s
On the whole, therefore, the CHIEF JUS
TIcE thinks that the better practice willbe
to put the general question on each article,
without attempting tosmake any sub-divi-
sion, and will pursue this course If no OBJ
lection is made He, viii, however, be
pleased to conform to such, directions as the
Senate may see fit to giye:in this matter.
sra Mr.. SUMNER submitted the. following
order, which was considered, by unanimous
consent, and agreed to: afEi tEa l., -
& Ordered, That the questions be put as
proposed by the presiding officer OF the Se-
nate; and each senator shall rise in his
place and answer, guilty or notguifty,