New-York tribune., 1868-03-24
TIE sExArE As A COURT OF IMPEACHMENT.
ASSOCIATED Press Reportl


Der by side door 10 the left of the chair and having
taken the scat which the President of the Senate had just
vacated called the Court to order The SergeantatArms
made the usual proclamation commanding silence and
thereupon the Managers appeared at the door Inc
6ergeant-at-Ams announced the Managers OF the lnl
peachment on the part of the House of Representatives,
and the ChiefJustice said The Managers VIII Iao ~
seats assigned to them 10y the Senate Messrs.
and Boutwell, led the way up the aisles and toon
Meantime Mcssrs Stanbery Curtis Np Noip II 80,
Croesheck counsel for the President entereu ana 'ooA
seats at their table in the order naeu MI
the extreme right The Sergeant 'hc"
the House OF REPRESENTATIVES and the memDeIS Vi '
,I ,,roared headed by Mr.. Washburn on the arm OF
NJ NcPberson, Clerk of the House. EepiesehlaIlNSs
nv drecton OF the CbieJustce, took seats outside the
bar and the Secretary OF the senate IIen Ie"u 'io
nnutes of the proceedings Of Friday. the 18th inst
Mr. DOOLITfLE, having been called by the CierR'
stepped forward and took the oath. ,. ..,o
senator DAVIS said Mr. ChieJustiee, 1ise 70 make
the proposition 10 this Court that hse % 70 ,h ,o
senate nrocpeds TO take up the therefore, SUD-
mt to the Court motion in writing
Nj Davis member Of he The Court Of Impeachment
moves The Court to ite this order: h 'ss Of
te Pres dent e U e States preferred by The House Of Representa-
yS' ssd & having & g'oat s t ta eHy ne hereo aud
'as s Of 9 No4 CS's1 sse sSs md S Pa S9e each
chosen senators who have been e'ced from htL ;' ats
cannot be legally corftuony formed while the senators rom
ton coapse, senators from these States are permitted to '15s
IN
jsctious O their return and qualifications seve.ay
Senator HOWARD-Mr. President . a.,
The CHIEF-JUsTICE-The question must be decided
senator HOWARD object to the receiving Of the
paper. - ,... . ~ .i,r ,, ich
will meet the case 1 move that the motion he not re-
ceived upon which call for the Yeas and Nays ,aor
The eCHIEFJUsTICE-The Senator VIII state ms point
senator HowE-I would ask if the motion OGered by
the Senator from Kentucky be IN order , ,,ro ,ho
The CHIEF-J UsIlCE-Ihe motion comes 4 DeI49lo tho 10
Senate in the form a motion submitted, made Dy
member OF the Senate sitting as Court ol
The 23d requires that all the orders ana deSlsons
shall be made and had by Yeas ana Nays, "e "t s hn y
entered the record, and without debate sJeC, nov
ever TO the operation Of Rule The 7th Rule requires
the presiding officer the first instance submit TO tHe
Senate without division all questions OF evidence ~
incidental questions but the Same shall on demand o
onefh Of the members present be decided by Yeas ana
Nays. The question: then; benz on Il PIoloslSl93n '"D
mted by Senator under the 23d Rule, II IS III oiaer
Mr. CONNEss-Mr. President, is the motion submitted
The can for the Yeas and Nays ordered and they
were called Messrs. Davis and McCreery 0ny votlhs
Yea" Messrs salisbury, bayard' ana 'ue ui o'
Mr. sTANBERY then rose and said; Mr, Che, CnefJnsdce
the last session. that the answer OF the Fresldel
be filed to-day, We have It ready. lhe eounseI oi '
President abandoning all other business some OF US
quitting Courts, our cases, ana our cehts hdNo
voted every hour 10 the consideration Oh ts case @ me
labor been ncessaut We have devoted as say hot
only every ordinarily devoted 10 business put many
REQUIRED lot NECESSARY yte ge Ell ree mat The Court did
NOT aog us more time for preparation nevertheless, We
fcient such is. We ready TO read anu ne ~
Mr. CURTIsS proceeded TO read the answer as Ioho"S
TIE PRESIDENTS ANSWER.
In the Senate Of he United States sitting Court o. I'M.
pcqchment Tor the trial Of AndTec Johnson Fres,dent
Of the United States TIE anspr Of the Sdtd Aiareo
Of IlnDeachment exhibited against him by he House Of
Representatives. Cfhe United States
ANSWER TO ARTICLE IFoTanswer TO the hrst artlce'
he saws That Edwin Stanton appointed Secretary
of fhp a
A. d. 1862 by Abraham Lincoln, then President OF the
limited States during the first OF his Presidency
ana was commissioned according TO the Constitution and
the laws of the United States to hold the SAID once DUR
ing the pleasure of the President; that the once ior
Secretary for the Department Of War was created by an
act of the Ist Congress its first passed ON the
7th day Of August a. j. 1852 and in that act 1t was
proylded and enacted that the said Secretary for the
Department of War shall perform aud execute
such duties as shall from time to time be eIJoned on and
entrusted 10 him by the President Of theUned States
aereeably the Constitution relative 10 lhc suDJecI
within the scope Of said Department And furthermore
that the said Secretary shah condnct the business OF the
said Department in such manner the President OF
the United States shall from time TO time order and in
truc And this respondent further answering SAYS that
nv force Of the act aforesaid, and by reason OF his
appointment aforesaid. the sad stanton became the
prnepal officer IN Of the Executive Departments OF
the Government within the true intent OF the second sec
of the second article OF VI
States according TO the intent and meaning OF that
nroon 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, long as he should continue 10
hold the Office Of Secretary for the Department OF war
must continue 70 be- of the advisers OF the President
Of the United States well as the person entrusted 10
act for and represent the President In matters eoned
upon him. or entrusted to him by the Presl-
dent touching the Department aforesaid, and for
whose conduct in such capacity, subordinate to
the President, the President is by the Constitu-
tion and laws Of the United States made reponsiDe.
And this respondent further answering, says he sue
ceeded to the office Of President Of the United States
unop and by reason OF the death Of Abraham LncOD,
then President of the United States the 10Th day OF
Aprl 1865 and the said Edward NJ. Stanton was then
holding the said office VI Secretary Tor the Department
Of War, under and by reason OF the appoint
ment and commission aforesaid; and not having been re
moved from the said Office by this respondent the sald
Edwin NJ Stanton continued TO hold the same under the
appointment and commission aforesaid, at the pleasure
of the President until the time hereinafter parucu-
larly mentioned, and at no time received
any appointment commission as above detailed
And this respondent furheranswerng says that on ana
prior TO the day of August A. d. 1861 this respond
ent the President of the United States, responsible Tor
be conduct Of the Secretary the Department OF War;
and having the constitutional right 10 resort TO and rely
upOn the person holding that Office for advice concerning
the great and difficult public duties enjoned the Presi
dent by the Constitution and laws of the United States,
b.eame satisfied that he could not allow the said Stanton
IN continue TO hold Office Of Secretary for the Depart
ment of War; without hazard of the public interest that
the relations the said Stanton and the President
no longer permitted the President to resort to him for ad
vice or to be- n the judgment of the President safely
sponsbe for his conduct Of the affairs Of the Department
OF War law required in accordance Win inc orders
ard nsructonSof the President andhereupon by force
OF the Constitution and laws OF the United States which
devove on the President the power and the duty to con
troll the conduct Of business Of that Executive Depart