Drake, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Wiley, Wil liams, Wilson and Yates-28.

NOT VOTING-Mr. Wade-1.

So the order proposed by Mr. Henderson was not agreed to.

Mr. HOWARD. Mr. President, I now move that the motion of the counsel for the accused do lie on the table.

Mr. DRAKE. Mr. President, I rise to a question of order.

The CHIEF JUSTICE. The senator will state his question of order.

Mr. DRAKE. That no motion to lay a proposition by the counsel for the defence, or one made by the managers on the part of the prosecution, upon the table, can, under the rules of the Senate, be entertained, but that the Senate must come to a direct vote upon the proposition.

The CHIEF JUSTICE. The Chair is of opinion that the point of order is well taken, and that the motion of the senator from Michigan, that the proposition of the counsel for the accused lie on the table, is not in order.

Several SENATORS. Question, question.

Mr. JOHNSON. Mr. Chief Justice, what is the question?

The CHIEF JUSTICE. The question is on the motion of the counsel for the accused to be allowed thirty days for preparation.

Mr. DRAKE. On that question I ask for the yeas and nays.

The yeas and nays were ordered, and being taken, resulted-yeas 12, nays 41; as follows:

YEAS-Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Saulsbury, and Vickers-12.

NAYS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, and Yates-41. NOT VOTING-Mr. Wade-1.

The CHIEF JUSTICE. On this question the yeas are twelve and the nays forty-one. So the application for thirty days for preparation is denied.

Mr. SHERMAN. I move that the Senate sitting for this purpose adjourn until to-morrow at one o'clock.

Mr. EVARTS. Mr. President

Mr. SHERMAN. Certainly. I withdraw the motion.

Mr. EVARTS. I now, Mr. Chief Justice and senators, move, in behalf of the President and in the name of his counsel, that he be allowed (upon the application which we have made, and in which we have named thirty days as a reasonable time) a reasonable time after the replication shall have been filed, to be now fixed by the Senate in their judgment.

Mr. JOHNSON. What time is that?

Mr. STANBERY. Such time as the Senate shall fix.

The CHIEF JUSTICE. The counsel will reduce his motion to writing.

Mr. EVARTS. I will state it. I move that on the application we have made, in which we have named thirty days as a reasonable time, there now be allowed to the President of the United States and his counsel such reasonable time for trial, after the replication shall have been filed, as shall now be fixed by the Senate.

The CHIEF JUSTICE. The counsel will reduce his motion to writing. Does the senator from Ohio withdraw his motion to adjourn?

Mr. SHERMAN. Yes, sir; but after the motion is reduced to writing I will renew it.

Mr. JOHNSON. Mr. Chief Justice, is the motion proposed to be submitted by one of the counsel for the President of the United States before the Senate now?

The CHIEF JUSTICE. It is not before the Senate until it has been reduced to writing.

Mr. JOHNSON. I thought it had been so reduced.

The CHIEF JUSTICE. No, sir.

Mr. EVARTS. It is now.

The CHIEF JUSTICE. The clerk will report the order.

The chief clerk read as follows:

The counsel for the President now move that there be allowed for the preparation of the President of the United States for the trial, after the replication shall be filed and before the trial shall be required to proceed, such reasonable time as shall now be fixed by the Senate. Mr. JOHNSON. Mr. Chief Justice, is it in order to amend that motion ? Several SENATORS. No, no.

The CHIEF JUSTICE. It is in order to propose a substitute for it; not to amend it.

Mr. JOHNSON. I move, then, Mr. President, that ten days be allowed after filing the replication.

Mr. SHERMAN. I move that the Senate sitting as a Court of Impeachment adjourn until one o'clock to-morrow.

The motion was agreed to; and the Chief Justice declared the Senate sitting for the trial of the impeachment of Andrew Johnson adjourned until to-morrow at 1 o'clock.

TUESDAY, March 24, 1868.

The Chief Justice of the United States entered the Senate chamber at 1 o'clock p. m., escorted by Mr. Pomeroy, chairman of the committee heretofore appointed for the purpose, took the chair, and directed the Sergeant-at-arms to open the court by proclamation.

The SERGEANT-AT-ARMS. Hear ye! hear ye! All persons are commanded to keep silence while the Senate of the United States is sitting for the trial of the articles of impeachment exhibited by the House of Representatives against Andrew Johnson, President of the United States.

The CHIEF JUSTICE. The Secretary will read the minutes.

The Secretary commenced to read the journal of yesterday's proceedings. Mr. JOHNSON. Mr. Chief Justice, I submit to the Chair whether it is not advisable to postpone the reading of the journal until the managers and the counsel for the accused are present.

The CHIEF JUSTICE. The Sergeant-at-arms informs the Chief Justice that the managers are ready; and he has directed the Secretary to suspend the reading of the minutes.

The counsel for the respondent, Messrs. Stanbery, Curtis, Evarts, Nelson, and Groesbeck, entered the chamber and took the seats assigned them.

At five minutes past one o'clock the presence of the managers on the part of the House of Representatives was announced at the door of the Senate chamber by the Sergeant-at-arms.

The CHIEF JUSTICE. The managers will please to take their seats within the bar.

The managers were conducted to the seats provided for them.

The members of the House of Representatives appeared at the door, headed by Mr. E. B. Washburne, chairman of the Committee of the Whole House, and accompanied by the Speaker and Clerk.

The CHIEF JUSTICE. The Secretary will now read he minutes.

The Secretary read the journal of the proceedings of Monday, March 23, of the Senate sitting for the trial of the articles of impeachment exhibited by the

House of Representatives against Andrew Johnson, President of the United States.

The CHIEF JUSTICE. The Chair will lay before the Senate a resolution which has been received from the House of Representatives.

The Secretary read as follows:

IN THE HOUSE OF REPRESENTATIVES,

March 24, 1868.

Resolved, That a message be sent to the Senate by the Clerk of the House, informing the Senate that the House of Representatives has adopted a replication to the answer of the President of the United States to the articles of impeachment exhibited against him, and that the same will be presented to the Senate by the managers on the part of the House. Attest: EDWARD MCPHERSON, Clerk of the House of Representatives.

The CHIEF JUSTICE. The Senate will receive the replication of the managers. Mr. Manager BOUTWELL. Mr. President and Senators, I am charged by the managers with presenting the replication which has been adopted by the House of Representatives:

IN THE HOUSE OF REPRESENTATIVES UNITED STATES,

March 24, 1868. 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 of Representatives.

The House of Representatives of the United States have considered the several answers of Andrew Johnson, President of the United States, to the several articles of impeachment against him by them exhibited in the name of themselves and of all the people of the United States, and reserving to themselves all advantage of exception to the insufficiency of his answer to each and all of the several articles of impeachment exhibited against said Andrew Johnson, President of the United States, do deny each and every averment in said several answers, or either of them, which denies or traverses the acts, intents, crimes, or misdemeanors charged against said Andrew Johnson in the said articles of impeachment, or either of them; and for replication to said answer do say that said Andrew Johnson, President of the United States, is guilty of the high crimes and misdemeanors mentioned in said articles, and that the House of Representatives are ready to prove the same.

EDWARD MCPHERSON,

SCHUYLER COLFAX, Speaker of the House of Representatives.

Clerk of the House of Representatives.

The CHIEF JUSTICE. The replication will be received by the Secretary and filed.

Mr. JOHNSON. Mr. Chief Justice, I move that an authenticated copy of the replication be furnished to the counsel of the President.

The motion was agreed to.

The CHIEF JUSTICE. When the Senate sitting as a court of impeachment adjourned yesterday evening, a motion was pending on the part of the counsel for the President that such time should be allowed for preparation as the Senate might please to determine, and thereupon the senator from Maryland [Mr. Johnson] submitted an order which will be read by the Secretary.

The Secretary read as follows:

Ordered, That the Senate proceed to the trial of the President under the articles of impeachment exhibited against him at the expiration of ten days from this day, unless for causes shown to the contrary.

The CHIEF JUSTICE. The question is on agreeing to the order.

Mr. SUMNER. Mr. President, I send to the Chair an amendment, to come in immediately after the word "Ordered," being in the nature of a substitute.

The CHIEF JUSTICE. The senator from Massachusetts moves to strike out all after the word "Ordered," and to substitute what will be read by the Secretary.

The Secretary read as follows:

Now that replication has been filed, the Senate, adhering to its rule already adopted, will proceed with the trial from day to day (Sundays excepted) unless otherwise ordered on reason shown.

The CHIEF JUSTICE. The question is on the amendment by way of substitute. Mr. EDMUNDS. Mr. President, I move that the Senate retire to consider the pending question.

Mr. SUMNER and others. No, no.

The CHIEF JUSTICE. It is moved by the senator from Vermont that the Senate retire to consider the question arising upon the order moved by the senator from Maryland and the substitute proposed by the senator from Massachusetts. [Having put the question.] The ayes appear to have it.

Mr. CONKLING and Mr. SUMNER called for the yeas and nays, and they were ordered; and being taken, resulted-yeas 29, nays 23; as follows:

YEAS-Messrs. Anthony, Bayard, Buckalew, Corbett, Davis, Dixon, Doolittle, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Howe, Johnson, Mc Creery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of New Hampshire, Patterson of Tennessee, Saulsbury, Sprague, Van Winkle, Vickers, Willey, and Williams-29.

NAYS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Ferry, Harlan, Howard, Morgan, Nye, Pomeroy, Ramsey, Ross, Sherman, Stewart, Sumner, Thayer, Tipton, Trumbull, and Wilson-23.

NOT VOTING-Messrs. Wade and Yates.

The CHIEF JUSTICE. On this question the yeas are 29 and the nays are 23. So the motion is agreed to, and the Senate will retire for consultation.

The Senate accordingly, at twenty-five minutes past one o'clock, retired, with the Chief Justice, to the reception room for consultation.

The Senate having retired to the reception room,

The CHIEF JUSTICE stated the question to be on the amendment proposed by Mr. Sumner to the order submitted by Mr. Johnson.

Mr. JOHNSON modified the order submitted by him so as to read:

Ordered, That the Senate will commence the trial of the President upon the articles of impeachment exhibited against him on Thursday, the 2d of April.

Mr. WILLIAMS submitted the following order:

Ordered, That the further consideration of the respondent's application for time be postponed until the managers have opened their case and submitted their evidence.

Mr. CONKLING moved to amend the order proposed by Mr. Johnson, by striking out "Thursday, the 2d of April," and inserting "Monday, the 30th of March instant."

Mr. SUMNER called for the yeas and nays on this amendment, and they were ordered; and being taken, resulted-yeas 28, nays 26, as follows:

YEAS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Stewart, Sumner, Thayer, Tipton, Willey, Williams, and Wilson-28.

NAYS-Messrs. Anthony, Bayard, Buckalew, Corbett, Davis, Dixon, Doolittle, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Saulsbury, Sherman, Sprague, Trumbull, Van Winkle, and Vickers-24.

NOT VOTING-Messrs. Wade and Yates-- 2.

So the amendment was agreed to.

The CHIEF JUSTICE stated the next question to be upon the adoption of the order proposed by Mr. Williams.

Mr. WILLIAMS called for the yeas and nays, and they were ordered; and being taken, resulted-yeas 9, nays 42, as follows:

YEAS-Messrs. Anthony, Chandler, Dixon, Grimes, Harlan, Howard, Morgan, Patterson of Tennessee, and Williams-9.

NAYS-Messrs. Bayard, Buckalew, Cameron, Cattell, Cole, Conkling, Conness, Cragin, Davis, Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Henderson, Hendricks, Howe, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Saulsbury, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Vickers, Willey, and Wilson-42.

NOT VOTING-Messrs. Corbett, Wade, and Yates-3.

So the order proposed by Mr. Williams was not agreed to.

The question recurring on the amendment proposed in the Senate chamber by Mr. Sumner to the order submitted by Mr. Johnson,

Mr. SUMNER withdrew his amendment.

The CHIEF JUSTICE stated the question to be on the order proposed by Mr. Johnson, as amended, as follows:

Ordered, That the Senate will commence the trial of the President upon the articles of impeachment exhibited against him, on Monday, the 30th day of March instant.

Mr. HENDRICKS moved to amend the order by adding thereto the words, "and proceed therein with all convenient despatch, under the rules of the Senate sitting upon the trial of an impeachment."

The amendment was adopted; and the order, as amended, was agreed to. On motion of Mr. MORTON, the Senate agreed to return to the Senate chamber. The Senate returned to the chamber, and the Chief Justice resumed the chair at twenty-three minutes past three o'clock p. m.

The CHIEF JUSTICE. The Chief Justice is directed to inform the counsel for the respondent that the Senate has agreed upon an order in response to their application, which will now be read.

The chief clerk read as follows:

Ordered, That the Senate will commence the trial of the President upon the articles of impeachment exhibited against him, on Monday, the 30th of March instant, and proceed therein with all convenient despatch, under the rules of the Senate sitting upon the trial of an impeachment.

The CHIEF JUSTICE. Have the managers on the part of the House anything further to propose?

Mr. Manager BINGHAM. Mr. President, we have nothing further to propose. The CHIEF JUSTICE. Have the counsel for the respondent anything to proprose?

[No response.]

Mr. Manager BUTLER. Will the President allow me to give notice to the witnesses on the part of the House of Representatives who are in attendance, that they must appear here at one o'clock on Monday, the 30th?

Mr. EDMUNDS. Half-past twelve o'clock. The rules provide for half-past twelve.

Mr. Manager BUTLER. Half-past twelve o'clock on Monday, the 30th.

Mr. WILSON. I move that the Senate sitting for the trial of this impeachment adjourn until Monday next at half-past twelve o'clock.

The motion was agreed to.

The CHIEF JUSTICE. The Senate sitting as a court of impeachment stands adjourned until half-past twelve o'clock on Monday next, 30th instant.