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from 10 o'clock in the forenoon to 6 o'clock in the afternoon, with such brief recess as may be ordered.

Mr. SUMNER. On that I should like to have the yeas and nays.

The yeas and nays were ordered; and being taken, resulted-yeas, 13; nays, 30; as follows:

YEAS-Messrs. Cameron, Chandler, Cole, Corbett, Harlan, Morrill of Maine, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, and Yates-13.

NAYS-Messrs. Anthony, Cattell, Conness, Davis, Dixon, Doolittle, Drake, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Hendricks, Howard, Howe, Johnson, Morgan, Morrill of Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Ross, Saulsbury, Sherman, Trumbull, Van Winkle, Vickers, Willey, Williams, and Wilson-30. NOT VOTING-Messrs. Bayard, Buckalew, Conkling, Cragin, Edmunds, Henderson, McCreery, Norton, Nye, Sprague, and Wade-11.

So the amendment was rejected.

The CHIEF JUSTICE. The question recurs on the order proposed by the senator from California.

Mr. CONNESSs. On that I ask for the
The yeas and nays were ordered.
Mr. CONNESS. Now let it be read.

The Secretary read as follows:

yeas and nays.

Ordered, That on each day hereafter the Senate, sitting as a court of impeachment, shall meet at 11 o'clock a. m.

The question, being taken by yeas and nays, resulted-yeas, 29; nays, 14; as follows:

YEAS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Tipton, Willey, Williams, Wilson, and Yates-29.

NAYS-Messrs. Anthony, Davis, Dixon, Doolittle, Fowler, Grimes, Hendricks, Johnson, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, and Vickers-14. NOT VOTING-Messrs. Bayard, Buckalew, Edmunds, Fessenden, Henderson, McCreery, *Morton, Norton, Nye, Sprague, and Wade-11.

So the order was adopted.

Mr. FERRY. I send an order to the Chair.

The CHIEF JUSTICE. The Secretary will read the order proposed by the senator from Connecticut.

The Secretary read as follows:

Whereas there appear in the proceedings of the Senate of yesterday, as published in the Globe of this morning, certain tabular statements incorporated in the remarks of Mr. Manager Butler upon the question of adjournment, which tabular statements were neither spoken of in the discussion, nor offered or received in evidence: Therefore,

Ordered, That such tabular statements be omitted from the proceedings of the trial as published by rule of the Senate.

Mr. Manager BUTLER. Is that a matter for discussion?

The CHIEF JUSTICE. The order will be for present consideration unless objected to..

Mr. FERRY. I ask its present consideration.

The CHIEF JUSTICE. There is no objection. It is before the Senate.

Mr. Manager BUTLER. I only desire to say, sir, that I stated the effect of the tabular statements yesterday. I did not read them at length, because it would take too much time.

Mr. HENDRICKS. Mr. President, I rise to a question of order and propriety. I wish to know whether it is the right of any senator to defend the Secretary of the Treasury against attacks that are made here upon him, or whether our mouths are closed while these attacks are made; and, if it is not the province and right of a senator to defend him in his office, whether it is the right of the manager to make an attack upon him?

The CHIEF JUSTICE. The question of order is made by the resolution proposed by the senator from Connecticut. Upon that question of order, if the .

Senate desire to debate it, it will be proper to retire for consultation. If no senator moves that order, the Chair conceives that it is proper that the honorable manager should be heard in explanation.

Mr. Manager BUTLER. I wish to say, sir, that I did not read the tables because they would be too voluminous. I had them in my hands; I made them a part of my argument; I read the conclusions of them, and stated the inferences to be drawn from them, and I thought it was due to myself and due to the Senate that they should be put exactly as they were, and I therefore incorporated them in the Globe. To the remark of the honorable senator, I simply say that I made no attack on the Secretary of the Treasury; I said nothing of him; I did not know that he was here at all to be discussed; but I dealt with the act as the act of the Executive simply, and whenever called upon to show I can show the reasons why I dealt with that.

The CHIEF JUSTICE. The Secretary will read the order submitted by the senator from Connecticut.

The Secretary again read the order.

Mr. ANTHONY. Mr. President, I understood the senator from Indiana to inquire if under the rules he could be permitted to make an explanation, or to make a defence of the Secretary of the Treasury?

The CHIEF JUSTICE. The rules positively prohibit debate.

Mr. ANTHONY. But by unanimous consent I suppose the rule could be suspended.

Mr. WILLIAMS. I object.

The CHIEF JUSTICE. Objection is made. Senators, you who are in favor of agreeing to the order proposed by the senator from Connecticut will please say ay; those of the contrary opinion, no. Putting the question.] The ayes appear to have it. The ayes have it, and the order is adopted.

The CHIEF JUSTICE. Gentlemen of counsel for the President, you will please proceed with the defence.

Mr. CURTIS. The Sergeant-at-arms will call William W. Armstrong.
WILLIAM W. ARMSTRONG sworn and examined.

By Mr. CURTIS :

Question. Please state your name in full.

Answer. William W. Armstrong.

Q. Where do you reside?

A. I reside in Cleveland, Ohio.

Mr. DRAKE. I ask permission to make a suggestion to the Chair, in reference to our hearing on this side of the chamber. Will the Chair instruct the witness to turn his face in this direction?

Mr. EVARTS. Mr. Chief Justice, if we may be allowed a suggestion, there is not so much silence in the chamber as would be possible, and we must take witnesses with such natural powers as they possess.

Mr. CURTIS, (to the witness.) Speak as loud as you can.

The CHIEF JUSTICE. Conversation in the Senate chamber must be suspended By Mr. CURTIS :

Q. Repeat, if you please, what is your residence?

A. Cleveland, Ohio.

Q. What is your occupation or business?

A. I am one of the editors and proprietors of the Cleveland Plaindealer.

Q. Were you at Cleveland at the time of the visit made to that city by President Johnson in the summer of 1866?

A. I was.

Q. Were you present at the formal reception of the President by any committee or body of men?

A. I was.

Q. State by whom he was received.

A. The President and his party arrived at Cleveland about half-past 8 o'clock in the evening, and were escorted to the Kennard House. After partaking of a supper the President was escorted on to the balcony of the Kennard House, and there was formally welcomed to the city of Cleveland, on behalf of the municipal authorities and the citizens, by the president of the city council. Q. Did the President respond to that address of welcome?

A. He did.

Q. What was the situation of this balcony in reference to the street, in reference to its exposure and publicity, and whether or not there was a large crowd persons present ?

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A. There was a very large crowd of persons present, and there were quite a large number of people on the balcony.

Q. How did it proceed after the President began to respond?

A. For a few moments there were no interruptions, and I judge from what the President said that he did not intend

Mr. Manager BUTLER. Excuse me. Stop a moment, if you please. I object to what the witness supposed were the President's intentions.

By Mr. CURTIS :

Q. From what you heard and saw was the President in the act of making a continuous address to the assembly, or was he interrupted by the crowd, and describe how the affair proceeded?

A. Well, sir, the President commenced his speech by saying that he did not intend to make a speech. I think, to the best of my recollection, he said that he had simply come there to make the acquaintance of the people, and bid them good-bye. I think that was about the substance of the first paragraph of his speech. He apologized for the non-appearance of General Grant, and then proceeded with his speech.

Q. How did he proceed, sir? Was it a part of his address, or was it in response to calls made upon him by the people? Describe what occurred. A. Well, sir, I did not hear all of the speech.

Q. Did you hear calls upon him from the crowd, and interruptions?
A. I did, quite a number of them.

Q. From what you saw and heard the President say, and all that occurred, was the President closing his remarks at the time when these interruptions began?

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A. That I cannot say.

Q. Can you say whether these interruptions and calls upon the President were responded to by his remarks?

A. Some of them were.

Q. Were the interruptions kept up during the continuance of the address, or was he allowed to proceed without interruption?

A. They were kept up very nearly to the conclusion of the President's speech. Q. What was the character of the crowd? Was it orderly or disorderly? A. Well, sir, the large majority of the crowd were orderly.

Q. As to the rest?

A. There was a good deal of disorder.

Q. Was that disorder confined to one or two persons, or did it affect enough to give a character to the interruptions?

A. I have no means of ascertaining how many were engaged in the interruptions.

Q. That is not what I asked you. I ask you whether there was enough to give a general character to the interruptions?

A. There were quite a number of voices. Whether they were all from the same persons or not I am not able to say.

Cross-examined by Mr. Manager BUTLER:

Q. F. W. Pelton, esq., was the president of the city council, was he not? A. I believe so.

Q. Was not his address on the balcony to the President simply in the hearing of those who were on the balcony, and did not the President after he had received that welcome address then step forward to speak to the multitude?

A. I believe that after Mr. Pelton addressed the President several of the distinguished gentlemen who accompanied the party were presented, and then, in response to calls, the President presented himself.

Q. Presented himself in response to the crowd?

A. In response to the――

Mr. CURTIS. In response to what?

The WITNESS. In response to the calls.

By Mr. Manager BUTLER:

Q. Would you say that this was a correct or incorrect report of that proceeding:

About 10 o'clock, the supper being over, the party retired to the balcony, where the President was formally welcomed to the Forest City by F. W. Pelton, esq., president of the city council, as follows:

"Mr. PRESIDENT: On behalf of the municipal authorities of the city I cordially extend to you the hospitalities of the citizens of Cleveland. We recognize you as the Chief Magistrate of this now free republic and the chosen guardian of their rights and liberties. We are grateful for the opportunity afforded by your visit to our city to honor you as our Chief Magistrate, and again I extend to you and to the distinguished members of your party a hearty welcome."

Was that about the substance of Mr. Pelton's address?

A. That was about the substance, I think.

Q. Then :

The President and several members of his party then appeared at the front of the balcony and were introduced to the people?

A. Yes, sir.

Q. Then :

The vast multitude that filled the streets below was boisterous, and sometimes bitter and sarcastic in their calls, interludes, and replies, though sometimes exceedingly apt.

Would you say that was about a fair representation?

A. I do not think there were any calls or any interruptions of the President's speech until after he had proceeded some five or ten minutes.

Q. But, whenever they did come, would that be a fair representation of them? A. What is your question, sir?

Q. "The vast multitude that filled the streets below was boisterous, and sometimes bitter and sarcastic in their calls ?"

A. They were to some extent.

Q. "They istened with attention part of the time, and at other times completely drowned the President's voice with their vociferations." Was that so? A. Yes, sir, that was so.

Q. "After all the presentations had been made, loud calls were made for the President, who appeared and spoke as follows:" Now I will only read the first part to see if you will agree with me as to how soon the interruptions

came in.

FELLOW-CITIZENS: It is not for the purpose of making a speech that I now appear before you. I am aware of the great curiosity which prevails to see strangers who have notoriety and distinction in the country. I know a large number of you desire to see General Grant, and to hear what he has to say. [A voice: "Three cheers for Grant."]

Was not that the first interruption?

A. That was the first interruption.

Q.

"But you cannot see him to-night." He is extremely ill." Now, then, was there any interruption after that until he spoke of Stephen A. Douglas, and was not that simply the introduction of applause ?

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A. There were three cheers, I believe, given for Stephen A. Douglas at that time.

Q. Then he went on without interruption, did he not, until these words came in :

I come before you as an American citizen simply, and not as the Chief Magistrate clothed in the insignia and paraphernalia of state; being an inhabitant of a State of this Union. I know it has been said that I was an alien.

Was not that the next interruption?

A. I do not remember that paragraph in the speech.

Q. You do not remember whether that was there or not? Now, sir, do you remember any other interruption until he came to the paragraph

There was, two years ago, a ticket before you for the Presidency. I was placed upon that ticket with a distinguished citizen, now no more.

Then did not the voices come in, "Unfortunate!" "Too bad?"

A. I did not hear them.

Q. Do you know whether they were or were not said?

A. I do not.

Mr. Manager BUTLER. I will not trouble you any further.
BARTON ABLE sworn and examined.

By Mr. CURTIS :

Question. State your full name.

Answer. Barton Able.

Q. Where do you reside?

A. In St. Louis.

Q. What is your occupation?

A. I am engaged in the mercantile business, and collector of internal revenue for the first district of Missouri.

Q. Were you at St. Louis in the summer of 1866, at the time when President Johnson visited that city?

A. Yes, sir.

Q. Were you upon any committee connected with the reception of the President?

A. I was upon the committee of reception from the Merchants' Union Exchange.
Q. Where did the reception take place?

A. The citizens of St. Louis met the President and party at Alton, in Illinois, some 24 miles above St. Louis. My recollection is that the mayor of the city received him at the Lindell Hotel, in St. Louis.

Q. You speak of being on a committee of some mercantile association. What was that association ?

A. The merchants and business men of the city had an exchange for doing business, where they met daily.

Q. Not a political association?

A. No, sir.

Q. Did the President make a public address or an address to the people in St. Louis while he was there?

A. He made a speech in the evening at the Southern Hotel to the citizens.
Q. Were you present at the hotel before the speech was made?

A. Yes, sir.

Q. As one of the committee you have spoken of?

A. Yes, sir.

Q. Please to state under what circumstances the President was called upon to speak?

A. I was in one of the parlors of the hotel with the committee and the President, when some of the citizens came in and asked him to go out and respond to a call from the citizens to speak. He declined, or rather said that he did not.

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