The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-12
PROCEEDINGS OF THE COURT.

PROCEEDINGS OF THE COURT.
Thhty.fourth Day.
UNITED STATES SENATE CHAMBlm)
WASHINGTON, May IL, 1858.
The Senate met at ten O'Clock, pursuant to order,
with about twenty Senators In their seats at the
opening.
After the reading Of the journal the CHIEF JUSTICE
said-The Senate meets this morning, under the
order, for elaboration and the doors will be closed
unless some Senator makes motion now.
Mr.. SHERMAN-Before the doors are closed will
submit motion that believe will receive the unanl-
nous consent OF the Senate. Tomorrow will be q.
day Of considerable excitement, and move that the
SergeantatArms be directed to place his assistants
through the galleries. with directions without further
orders from the Senate, 70 arrest any person who
violates the rules of order believe that there an
order to that eject now.
Mr.. EDNUNDs-It is standing order.
Mr.. SUNNER-An intimation to the Sergeant-at-
Arms would be sufncient.
The CHIEF JUSTICE stated that the Sergeant-at
Arms had already taken that precaution.
Mr.. SHERMAN suggested that notice be given In the
morning papers.
Mr.. WILLIAMS suggested that as there will pro-
badly be many strangers In the gallery tomorrow
the Chief Justice before the call of the roll admOnish
all persons that manifestation Of applause dis
approval win be allowed In the Senate under penalty
Of arrest.
This proposition meeting with general appreciation
Mr. Sherman withdrew his motion.
The doors were closed at twenty minutes past ten.
Proceedings in Secret Session.
The doors having been closed, the CHIEF JUSTICE
stated that in compliance with the desire Of the Sem
ate he had prepared the questions to be addressed
Senators upon the articles OF impeachment and that
he had reduced his views TO writing, which he would
read.
Mr. BucKA1Ew submitted the following motion,
which was considered by unanimous consent ana
agreed to-
Ordered, That the views Of the Chief Justice be en-
tered upon the journal OF proceedings Of the Senate
for the trial Of impeachment.
The following are the views of the Chief Justice:-
SBNAroRs-In conformity with what seemed to be
the general wish Of the Senate when II adjourned
on the articles OF impeachment, will adopt the rule
sanctioned In the case OF Chase, Peck and Hum.
pnre He wiz direct the Secretary r 70 read
the reading OF each article will put the ques-
ton Of guilty or not guilty each Senator rising in
Chase:-9Senator -, how say your Is the respond
emit Andrew Johnson President OF the United States,
IN this srtice% on putting the question on articles
four and six, each Of which charges crime, the
word crime will be substituted FOR the word mis-
cred the suggestion Of the Senator from Indiana hr.
Hendricks, which appeared TO meet the approval OF
eleventh article the question should be
put on each clause, and found himself
The Article charges several facts but they are % con-
nected that they make but one allegation, and they
are charged as making one misdemeanor. The nrst
fact charged IL in substance that 1.-THE President pub
cly declared in August, 1885, that the Thirty-ninth
Congress was Congress OF only part OF the states,
and not constitutional Congress- intending thereby
to deny its constitutional competency TO enact laws
or propose amendments 70 the constitution and
this charge seems to have been made as Introductory
and as qualifying that which follows, namely:
that sthe President, In pursuance Of this declara
ton, attempted TO prevent the execution OF
ing to contrtve means to prevent Mr.. Stanton from
resuming the functions OF Secretary OF War after
and also by contriving and attempting to contrive
TO prevent the execution Of the Appropriation
act OF March 1851, and also to prevent the exc
cution OF the Rebel state Government act Of the
same date.n The gravamen OF the article seems 70
be that the President attempted 70 defeat
and that he did this in pursuance Of declaration
which was intended to deny the constitutional
competency Of Congress to enact laws or
irving means TO prevent Mr. stanton from resumlng
his once OF Secretary OF War, and also to prevent
Rebel state Government act The single substan.
tive matter charged Is the attempt 70 prevent the
execution Of the Tenure Of once act n and The Ser
this general purpose or az showing the means con-
trIved In furtherance 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 In alleged TO
have been guilty. The general question, guilty or
not guilty OF high misdeineanor, as charged seems
fully to cover the charge, and will be put TO this srt
Gle well as to the others to the Senate direct In
the tenth article the division suggested BY the Sena
tor from New York (Mr. Conkling) may be more
easily made. IL contains more general allegation,
10 the eject that ION the 18th day Of August the
President, with the intention to set aside the
nghtful authority OF Congress and bring Is
into contempt, delivered certain scandaious
harangues, and therein uttered loud threats and
bitter enaees against Congress and the laws OF tue
United states enacted by Congress, thereby bringing
the Office Of President Into disgrace, TO the great
distinct specifications the harangues and mensces
complained OF In respect to the several specifications,
and then the question Of guilty or not guilty OF
high misdemeanor, as charged 10 the article, can be
lection In putting the general question ON this article
In the same manner as the others, for whether
particular questions be put on the specihcati0ns
or not the answer 70 the Dal question must be deter
mined by the Judgment OF the Senate whether or not
the facts alleged In the specifications have been sum-
ciently proved, and whether II sufficiently proved
they amount 10 high misdemeanor within the
meaning OF the constitution. on the whole, there
FORE the Chief Justice thinks that the better practice
would be TO put the general question on each article
will pursue this course II no objection Ia made. lie
WILL however, be pleased 10 conform TO such drec-
tions az the Senate may zee at Ia this matter.
whereupon Mr.. SUMNER submitted the following
order which was considered by unanimous consent
and agreed upon:--
ordered, That the questions he put AZ proposed ny
the presiding ofilccr of the senate and each senator
shah rise IN bis place and answer "Gnilty OF MOI
gni. 3" only.