The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-27
XLth CONGREss-seoond Session.
The Impeachment Trial.
ARGUMENT OF MIR. GROEsBECK.

WASHINGTON, April 25.-The consideration
of Mr.. Edmunds' order to admit the official
reporters to report the proceedings on the final
question was postponed till Monday.
Mr.. Sumner offered the following order:
Ordered, That the Senate, sitting for the trial
of Andrew johnson, President of the United
States. will proceed to vote on the several ar
ticles of impeachment at twelve o'clock on the
day after the close of the argument
Mr.. johnson objected and it was laid over.
Mr.. Sumner-I send to the chair two addi-
tional rules, the first of which is derived from
he practice of the Senate on the trials of Judge
Chase and Judge Peak. They were read as
follows Rule 23-In taking the votes of the
Senate on the articles of impeachment the pre-
siding officer shall call each Senator by name
and upon each article shall propose the follow
ing question in the manner following Mr..
(Blank) how say you? Is the respondent
guilty not guilty as charged in the articles of
impeachment Whereupon each Senator shall
rise in his place and answer guilty or not gull
ty.
Rule "a. On conviction by the Senate it
shall be the duty of the presiding officer forth
with to pronounce removal from Office OF the
convicted person, according to the requirement
of the Constitution. Any further judgment
shall be in order in the Senate.
Mr.. Johnson again objected to the rule and
it went over.
Mr.. Groesbeck then addressed the Senate on
the part of the respondent. After few intro
ductory remarks he proceeded to consider the
question whether or not the Senate now sitting
is court, and said he would not discuss it in
the light of English presidents, but with refer
ence to our own constitution, which counte-
nanced neither bill of attainder nor irresponsi-
BILE tribunals to be laws unto themselves. He
first called attention to the fact that the pro-
visions of the constitution, as first drafted,
contemplated impeachment for malpractice and
neglect of duty in office, but those adopted
permit it only for treason, bribery and similar
high crimes and misdemenors. lie then chal-
lenged to show that during any OF the trials
which form our presidents the idea that the
Senate was not court had ever been ad'
vanced.
He read from the records of each of them
language in which the Senate on all those oc'
casions styled itself "the court" He also
quoted Story and other authorities to show thu
judicial character of the Senate and the quail
ncauons they must bring to the discharge o.
their obligations. In reference TO their iuris.
diction he held that the only question for then
to decide was that of crime or NO crime and
further that no action could be SO considered
In connection with which evil intention was
not brought He illustrated this proposit,on
by considering homicide committed by /
mailman by the supposition that the Plesidenr
should violate the law after losing his reason
and by reference to the acts of Lincoln in con
shutting military tribunals in loyal States
which conduct, though pronounced destitute o
warrant by the Supreme Court, had been up
held by Congress on the ground that the mo
tive was good.
Having thus, as he claimed, shown the falsl
ty of the doctrines advanced by the manager
on that subject, he said he should consider tn
question whether the President had night t
remove Mr.. Stanton and to grant letter 0
authority to Gen. Thomas, for these two issue
being the fate OF the articles as to the first par