The Portland daily press., 1868-03-24
XLsh CONGRESS -. oond Session,
The Impeachment TRIAL.
SENATE.

The Impeachment TRIAL.
WASHINGTON, March 23.-The choice of seats
IN tue gallery were secured at ar early hour
Dy tne ladies', who occupied at the opening o,
the Senate about three. fourth lbs of the space al
iottsd to the public. As on the organic ltion
OF me Senate into court, there was not one
ousKy race to be seen, and as far as could be
seen no representative of the fustian portion OF
Inc constituency appeared to have found favor
IN the sight OF the ticket holders. The floor
was arranged as before. The Chaplain again
anrokeu pressing on those now coming to the
consideration OF grave ard nome ntous mat
ters, relative both to individual and to the ma.
Eonai welfare, praying God shall preside over
TINS nigh court: that justice be done in the
name OF God, and of all the people of this
Mr.. Anthony, from the Committee on Print
Ius, reported resolution 10 print copies of the
proceedings of the impeachment trial for the
s use u me Senate, 1000 to be bound and index
90. IL was amended so as to provide for comics
for the Chief Justice and the counsel for the
accused, and passed.
Mr.. Cragin introduced bill making apnro-
prlatlons for the expenses of the trial OF Inn
Reacr nens ana other contingent expenses for
ierred to Committee on Finance
Mr. wilson introduced bill to reorcaniza
tne state Department; referred to Committee
On netrenchment. Also, donating captured
SnS' ior monument to the late General
Sede WICK. Referred.
Mr.. Morgan introduced a bill to abolish the
once OF Superintendent of Exp and Draw
backs. Referred. -
DIR. Cole introduced bill to reorganize the
". circuit Court. Referred
AT half past IL the Chair announced that ac
corning to rule all legislative and Executive
business would cease, and directed the Secre-
'a,y " the senate to notify the House.
Dir. Irunibull called for the reading of the
RUE, saying that he understood that O'clock
was the hour appointed
The rule was read, providing that on the day
set apart Tor the trial, the Sena'c shall cease
to the trial Of impeachment
MT. Eumunds ca led attention to a subse-
quent order introduced by Mr. Howard of the
committee of seven, adiourning the court until
1ociocK to-day. This, he SAID, was the day sci
apart TOT lecrlving the answer and not proceed
ing TO rhe trial.
Several Senators suggested to leave it to the
decision Of the Chair
-. The Chair decided that the rule was opera
1--WE, AID business must not cease.
MI: Edmunds respectfully appealed from the
decision of the Chair
nne, Chair announced the question to he
snail the decision of the Chair stand as the
luogmenr OF the Senator" but at the SUCCESS
ton OF MIR. Trumbu Mr.. Edmunds Withdrew
tne appeal, and the Secretary was again din eel
TED TO notify the House that the Senate was
ment p'"0"-
During the interregnum Mr.. Stevens enter
eu quietly at q side door and took his seat ut
the managers table,
AT one o'clock this forenoon the Presiden,
pro tenn. vacated the chair
MT Chief Justice entered by side do %
order. w
The Sergeant alarms made the usual proc.
iana'loh commanding s'lencr, whereupon the
managers appeared at the door.
1he oergeant-at-Arms announced the mana
gers Vi the Impeachment on The part or the
HOUSE OF Representatives, and the Chief JUS
uce SAID, the managers will take seats asspn-
ed to them by the Senate"
Messrs. u ngham and Boutwell, led the way
up the asles and took their Sc ats In The mean
time Messrs. Stanbery, Curtis, Nelson. Eyarts
anu Groesbeck. counsel for the President, en-
Tered and seated themselves at their table in
the order named, Mr.. Stanbery occupying the
extreme right,
The Sergeant-at-Arms then announced the
House of Representatives, and the members of
the House appeared, headed BY Mr.. WASH
burne, on the arm of Mr.. Mcpherson, Clerk of
the house, and took their seats outside the bar
py direction OF the Chief Justice and the Sec
rotary of the Senate then read the minutes of
tne proceedings Of Friday, the 18th inst
mr' Ooohttle was tn. sworn in, and when
the 1lurnal had been read, Mr. Davis submit.
! - ~ uo.ion tndt tne constitution requiring
the Senate to be composed of two Seua ors
from each State, and certain States being un-
represented, therefore the trial of this case be
r,scontinued until all the States are r. presenl-
oil.
Mr.. CONFESS moved that the motion be not
received, and called tdf the yeas and NAYS.
Mr. howe moved TO inquire whether the mo-
ton was in order Wv NV
The Chief Justice read 'he rule and said Mr.
Sonhess motion was not in order, and direct
SQCrpfQrv N na1 hn
Dir. Howe's motion, with the following results:
cas- z, nays IS, all present voting in the mega
1--WE except Messrs. Davis and McCreery.-
Msssrs Salisbury and Bayard did not vote.
Mr. Stanberv then rose and said tha, he and
his counsel had devoted every hour since tile
last day. proceeding, to preparing the Presi-
idents answer, and regretted tina. they had not
bat more time, but submitted it now.
MIR. Curtis read it, the address being to the
Senate of the United States.
The answer of the first article recites the
circumstances Of Mr.. Stanton's appointment
and his continuance in office by Mr. johnson
maintaining that MIR. Stanton held Office only
by virtue Of his appointment by Mr. Lincoln;
that the subsequent conduct of Mr. Stanton
rendered his retention as Secretary of War in
compatible with the public interests and With
the proper discharge of the Executive dull s
with which he was charged aud for which the
President was responsible. The correspon-
dence of August last was cited, and the an
swer c aims that th3 settled practice of all
preceding Presidents and OF Congress settles
The right OF the President to rem we subordi-
mates at will and that in good faith he remov-
ed the said Stanton in accordance with his
understanding of the Constitution, and noti-
ned the Senate of his action, expecting that
the difference of opinion between them would
be, as 1t shon d be, determined by the judicial
authority. The answer further claims that
the tenure OF Office act, even admitted to be
Con>t.utonal, does not cover the case Of Mr..
stanton. The necessity of settling the point
ii hAf UAn o,xI
tslative branches of the government IL insist
ed upon at length, and it m iintained that it
could tie brought before the courts in no her
way. The he noval of Mr.. Stanton W Is made
an pursuance OF the authority of the q nsttu-
ton, and was not forbidden by any course OF
tne tenure OF office act. The answer denies
specially all the allegations of the first article
winch asserts that Mr.. Stanton I'd legal D ,s-
session OF me War Office after the date OF his
removal, The subsequent ALLEGATIONS of the
first article, the suspension of Mr.. Stanto, ia
claimed to have been made under tn anthor;
ty of the Constitution, which, in granting the
power OF removal, gives by imp ication the
lesser power OF suspension as included in IT
Mr.. Stanberry read the answer 10 the second
article, reasgeriing the arguments adduc. d In
answer TO the first, and denying that the ten
ure of Office act was violated.
In answer to the third article, the respon
dent denies that Mr.. Station held his Office BY
appointment from him. The charges of con-
Fpracy are replied to by the answer to the
first article. He denies that he gave General
Thomas any instructions to call in the and of
military TO gain possession of the War De-
partment, and that 10 force has been used by
yen. Thomas, but peaceable demand was
made and refused
In answer to the fifth article. he denies har-
ing attempted TO hinder the xecution OF the
tenure OF oftice laws, and says it is not alleged
pose.
Ane sixth article is met with denial that
the respondent conspired with General Thorn.
as 10 use force.
swer of the fourth. " y WV 49,
In answer to the S.h specification, it is said
me RESIDENTS action was in order to bring
the matter before the Supreme Court
IN reply 10 the ninth article the particulars
9. the respondents interview with General
Emory are given TO the charges of attempting
" lnuuee MN TO violate the law; a denial ID
gwen, and II is asserted that what the Presi-
S.n,s s,'d was merely an expression OF private
dns answer alleges that the specifications tc
snow Ins ssnnittal of nisdsnasanOrs are inn