Year: 1868

the Presidents


The SPEAKER replied that 1t was not, but intimated
that 1t was in order to call for the reading OF the
message from the Senate which accompanied the
answer.


Mr.. CHANLER inquired how the House could act
with good judgment unless 1t heard the Presidents
answer read.


The SPEAKER said that was q question for the
House, not for the Chair.


The message from the Senate was read, and then
the replication was read as follows:-


Replication by the House OF Representatives OF the


United States to the answer OF Andrew Johnson,


President Of the United States TO the articles OF


impeachment exhibited against him by the House


The House Of Representatives OF the United States
nave considered the several answers Of Andrew
Johnson, PRESIDENT OF the United States, to the
several articles or impeachment against him by
them exhibited In the name OF themselves and Of all
fhe people OF the United States, and reserying to
cheney OF this answer to each and all OF the several
articles or impeachment exhibited against said An
drew Johnson President OF the United States do deny
each and every averment In said several answers,
verses the acts. intents, crimes or INSIDE
meanors charged against the said Andrew
Johnson in said articles OF impeachment, or
either OF them and for replication to the said answer
40 say that the said Andrew Johnson, President OF
the united States Is guilty OF the high crimes and mis-
demeanors mentioned in the said articles, and that
the said House OF Representatives are ready to prove
the same


Mr. spALDINc, rep.) OF Ohio inquired OF Mr.. Bout
well whether the President had denied that he was
guilty under the articlesG


Mr. FARNswORTH said the President admits the
facts and denies the guilt.


Mr. SPALDING added that the Managers would be
met by legal critics in the Senate and that they had
better be careful how they drew up their replication.


Mr.. BOUTWELL, said that the attention OF the Man.
ayers had been drawn to that peculiar form Of the
answer filed on behalf Of the President but that the
answer was In substance that he was not guilty.
Therefore the form OF the replication was different
from what had been usually used in similar cases.
The answer to some Of the articles amounted
to demurrer merely; but on the whole the
Managers had chosen to treat the answer as plea OF
not guilty. The Managers were OF the opinion that
no advantage could be taken against the House Of
Representatives to the form Of replication now re-
ported He was willing to allow al hour for criticism
as to the form OF replication.


Mr.. WOODWARD, (dem.) Of Pa, wished to call the
attention OF the Managers to the fact that the
OF the President to the eleventh article amounted to
demurrer. His own opinion was that the demurrer
was very conclusive. He did not,think there was
any impeachable offences charged in the eleventh
article. AS the put that point in issue which
was legal question and amounted to demurrer,
he thought there should be q special replication to
that part OF the answer, joining Of demurrers.
This general replication did not join any issues on
that article at ALL and was what might be called a
departure In pleading


Mr.. BINGHAM, (rep) Of Ohio, said that the gentle
man FROM Pennsylvania (Mr. Woodward), would find
that the eleventh article like every other article
hibited against the President, charged him with a
misdemeanor in Office or q high crime in office, so
that there was no departure whatever In the rep-
cation. He desired to call the attention Of the gentle
man and of the House t0;the fact that, while the
answer does contain much that is argumentatiye
and much that might be called a demurrer, such a
thing was never allowed at air in an impeachment
There never had been demurrer entertained in the
Senate In the House Of Lords Of England. There
was no such thing on record. demurrer did not
lie in such cases; special pleading was unknown in
the whole proceeding. The Presidents answer
TO the eleventh article expressly denied that he
committed crime, and was therefore, pea
contained the general deniai:-" And this respondent
further answering the said eleventh article, denies
that by or reason Of anything In said article
| alleged this respondent, President Of the United
States, did the 2lst day OF February 1868, or at
any other day or time, commit or that lie was guilty
1 of a high msdemcanor in oiice,, He claimed that


by the Parliamentary law that amounted to the same
| thing as II he had said he was not guilty OF thu


crimes alleged against him IN manner and form q,


charged. Forms were nothing in these matters


substance everything. The replication was o.





Andrew johnson go into the Senate OF The United
| States and by presenting demurrer confess the
averment in the articles. NO such rule obtained,
| because demurrer admitted everything that Is
well pleaded


| lection taken by the gentleman from Pennsylvania
Mr. Woodward) had reference to making the repli-
cation what 1t really ouynt to be-. lie lir. Wood
thought that this was question which the court It.
self might determine. IL was desirable however,
/ that whatever course the House might take 1t
| should exercise the greatest care and the House
/ chr n Ii
/ rect the Managers. lie would take exception him
self to the phraseoogy OF the replication, which
declares 1t to be Tin the name OF all the people OF
the United States.n We know said he, that that is
not the fact. There is not man here who can rise
in his place and seriously and canddly declare that
| the people OF the United States have authorized
the House TO act on this question, or that any men,
| ber OF the House was ever elected on any such
issue. Therefore 1t Is false In facthat the House OF
| the people OF the United States. We have had nc
representations made to this House from any portion
Of the people OF the United States in favor OF this pro
cedure, except by handful OF Office seekers who ex
pect to derive personal advantage from the result
| The Managers represent the House Of Represents
tves and only the House Of Representatives,; and In
representing this House they are ITS agents. One o.
i the Managers, the gentleman from Ohio (Mr. Bing
4 ham, took upon himself to bully the Senate. Ht
told the Senate to say whether II would observe III
own rules; and yesterday the same honorable Man
i ager undertook to criticize severely, and, In my
| judgment, Improperly, the decisions Of the Chic
Justice Of the United States, sitting as presiding
oficer in that court. II will not do to say that
that gentleman alone is responsible for these
things The Managers are acting and speaking
in behalf OF the House OF Representatives and
therefore It Is that l. one member OF the House,


desire to enter my protest against any conduct on


the part OF either Of these Managers that is not suf
| fciently decorohs and proper aud commensurate
| with the dignity and gravity OF such an OCCASION


Who, for instance, authorized the Managers to say


Yesterday that they would present their replication
| 10 the senate at one O'Clock today Is this rep
| cation OF the Managers or OF The House OF Repre-
| sentaives. contend that, In the absence OF any


action on that question by the House of Representa-


tiyes IL was an assumption OF duty, an arrogance O
| power on the part OF the Managers TO declare 10


the present Senate that they would at one O'Clock
| to-day their replicati0n and find In the Bal


timore papers Of to-day this replication. Sir, are
| we nobodyy Do the gentlemen who have been Sc


ected by this House to represent them In the Senate


constitute themselves the House Of Representatives
| Mr.. boutwell, took the floor 10 reply. He said he
| had understood the opinion OF the gentleman o
New York 20 be that the replication proposed tt
| reply In the name OF all the people OF the United


States and that IA that gentleman does not agree tc
It, therefore II IL not good replication. II that
| were so that would be an end 10 the whole prosecu
| tion.


Mr. WOOD said that he had stated that no portion
/ n cha npff fha lu POD