Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-12

alter the reading OF each article Will put tns
question of guilty or not guilty, each
Senator rising In his place, Ia The form used
IN the case OF Judge Chsse.
Senators, how say you. IS the respondent,
Andrew johnson, President Of the United
States, guilty or not gully oil high mis-
demeanor, as charged in this cases
In putting the question on articles 4 and
6 en- j of which charges q crime, the word
"crime' will be substituted for the word
I'm sdemeanor.'
The Chief Justice has carefully
considered the suggestion of the
Senator from Indiana. Mr.. Hendricks,
which appeared 10 meet the approval
Of the Senate. and that on taking
q vote on the 18th article. the question
should be put on each clause, and he found
himself unable TO divide the article as sug
gestcd. The article charges several facts,
but they are 90 connected that they make
but one allegation, and they are charged as
making one misdemeanor. The first fact
charged 10 In substance that the President
publicly declared In August 1866 that the
39th Congress w6 Q Congress OF only part
OF the States, and not Constitutional Con.
gress, intending thereby TO deny ito consti-
tutional competency TO enact laws or pro.
pose amendments TO the constitution, and
this charge seems TO have been made az an
Introductory and as qualifying that which
follows, namely: That the President IN pur-
suancc OF this declaration attempts 70 pre-
vent the execution OF the tenure OF once
act By contriying and attempting 10 coz
trive means To prevent NJ. stanton from
assuming the functions of Secretary oil
war after the refusal of the Senate
10 concur in his suspension, and also
by contrivipg and attempting TO
coptriye means to prevent the execution OF
the appropriation act OF March I'd, 1867, and
also 20 prevent the execution OF the rebel
State Governments, all Of the same date.
The gravamen of the article seems TO be
that the President attempted TO defeat the
execution OF the tenure OF Office act, and
that he did this in pursuance OF q declara-
ton which was intended to invade the con
sttu,ional competency Of Congress to enact
laws or propose constitutional amendments.
and by contriving means to prevent MIR
Stanton from resuming his office ~ Secre-
tary of War, and also 70 prevent the execu
ton of the appropriation act and the rebel
State Government acL The single substan-
tive matter charged IL the attempt to pre-
vent the execution Of the tenure OF office
act, and other facts alleged either No intro
ductory and exhibiting this general purpose
furtberance of that attempt this single
matter, connected with the other matters
previously and subsequently alleged. is
charged as the high misdemeanor Of which
the President 10 alleged to have been guilty.
The general question Of guilty or not guilty
Of high misdemeanor Ms charged, seems
fully to cover the charge, and will be put on
this article as we'll a. on the others to the
Senate direct in the same mode OF division.
In the tenth article the division suggested
hy the Senator from New York (Mr. Conk-
ling) may be more easily made. 1t con-
taips more general allegation to The effect
that on the 18th day OF August, the Presi-
dent, with the intention to set aside the
rightful authority Of Congress and bring it
into contempt, delivered certain scan.
dalous harrangues. 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 the President into disgrace, to the
great scandal of good citizens, and sets forth
in three distinct specifications the menaces
complained OF, in respect to the several
specifications, and then the question OF
guilty or not guilty OF high misdemeanor,
NJ charged in the article, can also be taken
The Chief Justice, however, sees no obiec
tiOu III tuC SChSioi iaCsNiNti th tuio
article in the same manner as the Others,
for whether particular question be put on
the specifications or not the answers to the
final question, must be determined by the
Judgment OF the Senate. whether the facts
alleged in the specifications have been sufi,-
GENTLY proved, and whether, il sufficiently
proved, they amount To high misdemean-
or, whether the meaning OF the Constitu.
ton on the whole, therefore, the Chief Jus.
tice thinks the better practice would be to
put the general question on each article
without attempting TO make any cub divis-
ion, and will pursue this curse, If no objec-
tons are made. He will. however, be
pleased to conform to such directions as the
Senate may see fit in this matter. Where
upon Mr.. Sumner submitted the following
order, considered by q unanimous consent,
and agreed upon:
"Ordered the question be put as proposed
by the presiding officer of the Senate. and
that each Senator shall rise in his place and
answer guilty or not guilty only"
On motion Of Mr. sumner, the Senate
proceeded TO consider the following resolu-
ton, submitted on the 25th of April:
Resolred, That the following be added to
the rules Of procedure and practice in the
Senate when sitting ut trial Of impeach-
ment:
On conviction by the Senate it shall be-
the duty of the presiding officer forthwith
to pronounce the removal from office of the
convicted person, according 10 the require
mcn,s Of the Constitution; any further
Judgment shall be on the order OF the Senate
| After debate the Chief Justice announced
| that the hour OF II u. M, fixed by order oi
| the Senate tor delIberation and debate had
arrived, and that the Senators could now
submit heir views on the several articles oil
impeachment, subject to the limits Of debate
fixed by the 23d rule.
After elaboration, ut ten minutes before
two, the Senate took a recess of twenty
minutes, and subsequently,, after further de-
liberation. another recess was taken at half.
past five until seven.
llousE.-Bills and resolutions were in
troduced declaring il inexpedient for the
Government to make any treaty tending to
discriminate against the manufacture and
productions Of any part in the United
States; to fix compensation of certain con-
sular officers, and prohibit their collection
Of fees; the resolution Of the Ohio Legis-
lature, asking measures to prevent loss
Of life under the Jurisdiction Of the U. 8.
also, protesting against reconstruction acts
VI OOuStcsS, ouu oBAeu tuO COubt " ueClot0
the law unc constitutional; to grant lands to
aid construction of railroad from the Mis-
sissirpi river to Yankton on the Missouri :
relative TO Cherokee and other Indian landk;
for purchase Of full length portrait Of
Abraham Lincoln.
Mr.. Washburne, of Indiana, offered a
resolution for recess from and after Fri
day, to the 26th inst. Tabled, on motion OF
Mr. Epson, 62 against 90, the Speaker cast
ing his vote ia the affirmative.
On motion OF Mr.. ehanks, An inquiry
was ordered into the expectancy of organ
izinR under engineer departments. . corps
OF fifty persona more or less from disabled
Union soldiers ~ watchmen Of the Capitol
grounds and oteer public grounds in Wash.
lngton.
Mr.. Mungcn offered q resolution to ex-
tend the powers and duties Of the Select
Committee on the treatment Of Union pris-
oners, to inquire into the treatment Of
prisoners. &c. Resolution tabled. IS against
Al.
Mr.. Eckley offered concurrent resolu-
tion for recess from Saturday next till the
25th. Adopted, 50 to 81.
The select committee on the Washburue-
Dennelly, and the Brooks Butler investiRn.
lions, was authorized to employ clerk and