The New York herald., 1868-04-03

MI. EVARTS-IOu ulu not name any Oh the others.
Mr. BUTLER-I did not think 1t necessary.
Mr.. EvARrs-Ihen shall not think 1t necessary to
consider the other. The article here charges that
the President OF the United States devised and in
tended to aside the rghtful authority and power
OF the Congress OF the United States and devised,
ana Intended and attempted to bring into disgrace,
ridicue contempt and reproach the Congress Of the
United States and to destroy the respect and regard
Of an good people Of the uni United States for the egsa
resentment Of all good people against Congress
and the laws constitutionally enacted by them.
with this intent rst speech delivered by him in
the Executive Mansion in August 1866: second a
speech delivered y, by him at St Louis, and speech
the article concludes that by means OF these
utferances Andrew Johnson brought the high
disgrace, and thereby committed high crimes and
misdemean0rs. Now, Senators will Judge from the
IN anV av sns ths 1ay hsS. whether
In article eleven 1t sets forth that In those speeches
he affirmed in substance that the Thirty-ninth
States authorized by the constitution to exercise
Legislative authority, but the contrary that 1t was
and thereby denying the II shat con
gress was valid or obligatory upon him except 80 far
as he thought to admit or recognize the same
thereby intending to deny the authority OF Congress-
to pass amendments to the constitution of the United
STATES; and in further pursuance OF that intent
he in disregard OF the requirements Of the consltu
ton Of the United States did, on the 23d day OF Feb
ruary, 1885, attempt to prevent the execution or an
act entitled IAN act regulate the Tenure OF Oce"
passed March, 1867 after the date Of this despatch,
by attempting to contrive means to prevent Edwin
NJ. stanton from executing the 0ffce of
Secretary OF War, and by further cOntrivng to pre-
vent the execution of an act making appropriations
for the support OF the army for the fiscal year 1868
passed March 2 1867, and also for contrving to
prevent the execution OF act for the more efficient
government Of the United States also referred to in
this despatch Mr.. Evarts then read the des-
patch to Lewis G. Parsons, and continued There
Is nothing In this despatch pertinent the charge
nothing tat tends to the scandal OF the Presidential
ofice-nothing that has the slightest relation TO de-
"A a IA ha 0otrn nd bo
proper subject OF an allegation of high crimes and
msdemeanors on the part Of the President; and We
OF inquiry, fails to support any charge crime or any
intent or any purpose mentioned in this article.
MI. Mr. boutwell, BOUT L., for the Board OF Managers con.
was admissible in support OF the cnarge contained
in the eleventh article If attention be given to the
on the 18th OF August 1866, the President, in
the city Of Washington, III public speech
deveTsd fSa oy him. AFFIRMED IN substance that
gress authorized by the constitution to execute
legislative power; that 1t was not Congress Of the
States thereby denying that the legislation Of said
Congress was valid or obligatory on him. except in
80 far as he might recognize or admit it, thereby de-
nying the right of said Congress to pass articles Of
amendment to the constitution of the United States"
This Is the very substance OF this Geographic de-
spatch. Besdes, the declaration, which is
the basis OF the article, is open to us
for the introduction OF testimony tending
to show the acts Of the President on this point;
that at the city of Washington he disregard OF the
laws and OF the requirements of the constitution,
attempted to prevent the execution OF an act entitled
'An act to regulate the tenure of ONCE" and by de-
vsing contrlving and attempting to devise and con-
rlve means then and there to prevent the execution
OF an act providing for the support Of the army and
also to prevent the execution of act to provide for
the more efficient government of the Southern States,
and thereby to properly see and understand the ma
ture and extent Of the influence OF the President
in sending this telegram. Here is Mr.. Parsons,
known to be the Provisional Governor of Alabama
in 1855 and 1885, and possessing immense influence
In that part OF the and who asks presi-
dents opinion on the subject of the reconstruction
OF the rebel States. He Governor Parsons says the
Legislature Is in session and about to take up the
question OF the constitutional amendment; that
ports from Washington say that probably an
known "An act for the more efficient
government OF the rebel States" through which
Governor Parsons) asks the opinion Of the President
as to what he should do WHAT does the President
reply to thiss What good can be obtained by recon-
sidering the constitutional amendments9 | do not
believe the people will support any set OF individuals
Here Ia the whole gist OF the teegraphc despatch
There we set forth that in September, 1865 the
President declared that the Thirty ninth Congress
was not , c"nstltati4nal cons t; body representing the
gress in the same way. He says, % | do not believe
that the people of the whole country Will sustain any
OF individuas''thus describing and characteriZ
ing the Thirty Congress set of Individuals
"eager In an attempt to change the whole
acts or oherwise.b We say herein we have evidence
Of the intent Of the President TO defeat the will OF
Congress In regard to the enforcement of an act and
that proves the offence charged against him in the
eleventh article. am reminded that the Recon-
structon act provided for the adoption o the const
tutional amendment under the constitution, and
act to be restored to the Union.
The dispatches were again read.
Cries OF "QuestiOn ~
Mr.. BUTLER-Let me first call attention to the fifth
section Of the act Of March q 1861, known as the Re-
when d sad state es,n, Sy vote
shall have adopted the amendment OF the constitu-
tion OF the United States proposed by the Thirty
sd se SaeSae as Of fe Se
ton OF the United States the said state shall be eQ
tis.ed to sepresentation ~ Congress. and Senators
their taking the oath prescribed by law" SO that
the adoption OF the amendment Is part OF the Re-
construction acI 4.9- a->~
MIR: HowAED-Mr; President, oseF question.
"what amendmSG 81 tha constitution Is referred
to IN Mr.. Parsons despatchYi
Mr. BuTLEa-Ihere was hut one at that time before
tne country: that was known as the fourteenth ar
tice anu Is the one have just read and which is re-
qured TO be adopted by every State Legislature
before che state can be admitted to representation in
Congress.
Cries Of "Question ~ question:,
The CHIEF JUSTICE again stated the question to be
whether the evidence offered BY the Managers is ad
missibe.
In seconding the call several Senators held up
their hands, but theICniEF JUSTICE said:'The Sena
tUrs VIII rlSe."
The call was ordered and resulted yeas 81, nays
IL, rs follows:--
fEAs-Nessrs anthony Cameron Caitel Chandler. Cole,
Conkbng Conncss, Corbett, Cragn, Drake Henderson,
Howard Morgan, Morrill, of w., Nye, Patterson of N II,
Pomeroy Ramsey Ross, Sherman, sprague Stewart, Sum-
ner, IhayeI, Upton, Wiley, Wils0n-21
NAYS -Messrs. Buckalew Davis, Dixon, Dooliule, Ed
munds Ferry Fessenden, Fowler, frenghuysen McCeey
morrill, of Me- Norton, Patterson vi Tenn, Trumbu, Van
Winkle Vickers, Wilams-l7
SO tho evidence was admitted.
MIR. DOoLITTLE moved the court do now adjourn
until tomorrow at twelve O'Clock.
MIR. SUMNER--i hope not.
The CHIEF JUSTICE put the question and declared
IL lost.
several Senators called for a division.
Nj. RANSEY-The question not understood.
The CHIEF JUSTICE put the question again and said
the yeas seemed to have II.
Mr.. SUMNER asked for the yeas and nays, which
were called, with the following RESULT
YEAs-Messrs Anthony, Bnckalew, Cameron Corbett,
Cragn, Dave Dixon Doolttlc, Fowler Hen
derson McCreey Morrill, OF W., Norton Patterson Tenn,
Ramsey sprague Upton, Trumbu, Van winkle, vickers
and Wllley-22 'N'