Trial of Andrew Johnson

that Senate meet on Monday next (May 11) at 11 a. m, for deliberation, and on Tuesday at 12 m.
proceed to vote without debate on the several articles-each senator to be permitted to file his
written opinion within two days after the vote: offered.

II-476
II-478

.I-390. II-249, 476, 478
III-136
1-11

remarks on the competency of the President pro tempore to sit as a member of the court.......III—364, 394
order by-

that Senate proceed on Monday next to take the yeas and nays on the articles without debate; any
senator to have permission to file a written opinion: offered..
remarks by

opinion on the case

Morton, Oliver P., a senator from Indiana

II-476

remarks on the competency of the President pro tempore to sit as a member of the court...
remarks by..

..1-24, 86, 674.

..I-185, 442. II-470, 476, 493, 494, 495
II-126
I-11
.III-367, 387
II-219, 485

question. Whether it is competent for the President pro tempore of the Senate to take the, and become
thereby a part of the court-[By Mr. Hendricks)-discussed.
withdrawn.

III-360

Officers, territorial and executive, list of, with their tenures..

.I--548

Opinion: order, that each senator shall be permitted to file, within two days after the vote shall have
been taken, to be printed with the proceedings [By Mr. Morrill of Vermont].

II-476

agreed to...

.II-478

Pomeroy, Samuel C., a senator from Kansas..

remarks on the competency of the President pro tempore to sit as a member of the court..

order by-

(in Senate,) that the notice to Chief Justice to meet the Senate in the trial and request his aftend-

ance be delivered by a committee of three, &c.; agreed to

..I-10

the limitation of argument on interlocutory questions to one hour, by rule XX, has reference

whole number of persons to speak on each side, and not to each person severally..

it is not in order to call up business transacted in legislative session

objections to putting question to witness by a member of the court must come from the court

but after question is asked, it is competent for managers to state objections to its being answered....I-519

it is competent for Senate to recall any witness

if managers desire to cross-examine they must cross-examine before dismissing witness.

an application for an order of Senate to furnish a statement from its records can only be addressed to
Senate in legislative session..

I-507, 519

1-518, 522

I-331

.I-589

the general rules of the Senate in its legislative session govern proceedings of the court, so far as ap
plicable

..1-451, 532

President. (See Johnson, Andrew.)

President pro tempore of the Senate-

question, Whether it is competent for the, to take the oath and become thereby a part of the court-

Question, final, order that when doors shall be closed for deliberation upon, the official reporters shall
take down debates, to be reported in proceedings-[ By Mr. Edmunds.]

offered.

read

tabled, (yeas 28, nays 20)

.II-141

.....II-188, 218, 471

..II-474

order, that Senate proceed to vote on the several articles at twelve o'clock on day after the close of

arguments-[By Mr. Sumner.]

order, that the Senate meet on Monday next (May 11) at 11 a. m., for deliberation on, and on Tues-
day, at 12 m., proceed to vote without debate on the several articles, &c.-[By Mr. Morrill, of
Vermont.]

Question, final-Continued.

orders offered prescribing form of, by-

Mr. Conness..

Mr. Hendricks........

Mr. Sumner.....

views of Chief Justice on form of putting

.II-478
.II-478

.II-189, 219, 478

.II-480

order that the views of Chief Justice be entered on the journal-[By Mr. Buckalew.]

offered and agreed to

II-480

order that, be put as proposed by presiding officer, and each senator rise and answer "Guilty" or

"Not guilty" only- By Mr. Sumner.]

offered and agreed to

.II-481

order, that the standing order of the Senate that it will proceed to vote on the articles at 12 o'clock

m. to-morrow be rescinded. [By Mr. Edmunds.]

order, that the Senate now proceed to vote upon the articles, according to the rules of the Senate-

order that, shall be taken on eleventh article first, and thereafter on the other ten successively as they

stand-[By Mr. Williams.]

agreed to, (yeas 34, nays 19)

taken on-

.II-484, 485

Article XI: That he attempted to prevent the execution of the tenure-of-office act by unlawfully

devising means to prevent Mr. Stanton from resuming the functions of his office, and to prevent

the execution of the clause in the appropriation act of 1867 requiring that all orders should pass

through the General of the army, and the reconstruction acts of March 5, 1867; (yeas 35, nays

19)

order that, be now taken on remaining articles-[By Mr. Conkling.]

offered and rejected, (yeas 26, nays 28)

..II-486, 487

.II-492

that the several orders heretofore adopted as to order of voting on, be rescinded-[By Mr. Williams.]

offered.....

agreed to.............

taken on-

.II-490, 491

..II-495

Article II: That he issued a letter of authority to Lorenzo Thomas to act as Secretary of War ad

interim, with intent to violate the Constitution and the tenure-of-office act; (yeas 35, nays 19)...II-496

taken on-

Article III That he appointed Lorenzo Thomas to be Secretary of War ad interim, with intent to

violate the Constitution, (yeas 35, nays 19.) ..

Rule VII, order amending, in respect to submitting questions of evidence, &c., to Senate—[By Mr.

Henderson.]

. II-495

..I-186

VII, order amending and requiring votes upon incidental questions to be without division, unless

demanded, &c.-[By Mr. Drake.]

offered, I-230; agreed to

XX, construction of.

.I-207, 208

XXI, motion to amend, so as to allow such of managers or counsel as desire to be heard, to speak on

final argument-[By Manager Bingham].

I-450

XXI, motion to remove limit fixed by, as to number who may participate in final argument-[By Mr.

Frelinghuysen.]

XXIII, order amending, to subject it to operation of Rule VII-[By Mr. Conkling.]

offered, and agreed to

.I-18

amendment, that the fifteen minutes allowed by, shall be for the whole deliberation on final question,
and not to final question on each article-[By Mr. Drake.]

offered, II-474; adopted..

II-478

Rules. (See Practice.)

order (in House) limiting debate and directing proceedings when articles are reported to House—[ By
Mr. Washburne, of Illinois:] adopted; (yeas 106, nays 37).

.I-3

of procedure and practice...

.....I-6, 13

of Senate sitting in legislative session, adopted for guidance of court, as far as applicable.......I—451, 532

Rulings. (See Evidence; Practice.)

remarks on the competency of the President pro tempore to sit as a member of the court .....III-360, 371,

391, 392, 401

Sherman, John-Continued.

orders by-
that trial proceed on 6th of April: offered and discussed

.1-25

that under the rules all questions other than of order should be submitted to Senate: offered. .I-185
that additional time allowed by amendment to Rule XXI shall not exceed three hours: offered....I-495
that managers and counsel have leave to file written or printed arguments before oral argument
commences: offered..

that managers be permitted to file printed or written arguments: amendment offered.

.I-741
II-6

remarks by.......I-25, 82, 83, 154, 155, 181, 185, 264, 363, 449, 451, 494, 496, 537, 565, 568, 589, 608, 611, 673, 676,
709, 715, 716, 741. II-5, 6, 83, 84, 188, 280, 281, 359, 403, 469, 471, 473, 475, 479, 480, 487

on admissibility-

.I-181, 264, 568
..III-3

I-11

.I-477. II-8, 493

I-19

I-24

I-69

I-82

I-21

I-75

of Adjt. Genl. Thomas's, declarations to Mr. Burleigh, February 21, 1868...I-188, 192, 193, 195, 206, 207
of President's letter to General Grant, unaccompanied with enclosures..

of telegrams relating to the reconstruction of Alabama..

of President's declarations to Adjutant General Thomas, February 21

I-244, 245

.I—269, 261, 262, 264
I-270, 275

I-421

..I-462, 463, 465, 468, 469, 471, 472

of appointment of Edmund Cooper to be Assistant Secretary of Treasury.

.I-481, 482

I-482
.I-485

of question, Whether General Sherman formed and gave the President an opinion, &c...I-499, 501, 504
of affidavit and warrant of arrest of Lorenzo Thoinas........

on motion to remove limit to number of speakers on final argument.

on right of counsel to renew examination of a witness recalled by court.
final, on the case.

.I—512, 513, 514

I-495

I-524

remarks on the competency of the President pro tempore to sit as a member of the court..
orders by-

I-11
..III-375

that Senate proceed with trial from day to day unless otherwise ordered:
offered ..

I-85

withdrawn

I-86

that Chief Justice presiding has no authority to vote on any question during the trial, &c.:
offered and rejected, (yeas 22, nays 26,).

I-185

that where the Senate were equally divided, and Chief Justice gave a casting vote, such vote was
without authority under the Constitution:

offered and rejected, (yeas 21, nays 27,)..

.I-187

that trial proceed without delay on account of removal of limit provided by Rule XXI:

amendment offered and accepted..

.I-491

that on final argument the several managers who speak shall close:

offered...

.I-497

that under rule limiting argument to two on a side, such others as choose may file arguments at any
time before the argument of the closing manager:

Sumner, Charles, orders by-Continued.

that all evidence offered not trivial or obviously irrelevant be received without objection, to be
open to question at the bar to determine its value, and to be sifted and weighed in the final
judgment:

offered.

tabled, (yeas 33, nays 11)

I-589

.I-590

that Senate sit from 10 a. m. to 6 p. m.:

offered...

.I-631

rejected, (yeas 13, nays 30)..

.I-633

that Senate proceed to vote on the several articles of impeachment at twelve o'clock on the day
after close of arguments:

offered..

called up....

II-189

.II-474, 476

that after removal, which follows conviction, any further judgment shall be determined by a majority
of members present:

offered and laid over..

.II-249

that Mr. Nelson, one of counsel, having used disorderly words, has deserved the disapprobation of
the Senate:

that the question be put as proposed by presiding officer, and each senator shall rise in his place
and answer "Guilty" or "Not guilty" only:
offered and agreed to..

....II-481

rules by-

XXIII, in taking the votes of Senate on the articles, presiding officer shall call each senator by
name, and upon each article propose the question of "Guilty or not guilty?" whereupon each
senator shall rise in his place and answer:

proposed April 25..

proposed April 25

laid over.....

called up....

XXIV, on a conviction by Senate it shall be the duty of presiding officer forthwith to pronounce the
removal from office of the convicted person; any further judgment shall be on the order of
Senate:

II-189

.II-219

.II-478

laid over.
called up

II-189

.II-219

..II-481

remarks by....I-24, 25, 85, 86, 154, 155, 185, 186, 187, 265, 298, 367, 370, 371, 489, 491, 496, 497, 532, 534, 536, 561,
589, 631, 632, 633, 673. II-99, 141, 188, 189, 203, 218, 219, 249, 280, 281,
307, 308, 471, 475, 477, 478, 479, 481, 490, 498
on the question, Can the Chief Justice, presiding in the Senate, rule or vote.

opinion on the case

III-247

III-281

Testimony for the prosecution-

William J. McDonald: service of Senate resolutions at office of President....
J. W. Jones: service of Senate resolution on Adjutant General Thomas
C. E. Creecy: form of commission before and after tenure-of-office act, I-160, 161, 162; commission of
Edmund Cooper, as Assistant Secretary of Treasury, I-163; date of change in form of commis-
sion, I-164; President's notification to Secretary of Treasury of Secretary Stanton's suspen-
sion, I-363, 364; notification of Secretary of Treasury to heads of bureaus, I—366.

I-158

I-159

Burt Van Horn: Adjutant General Thomas's demand for possession of War Department........I-164-170
James K. Moorhead: Adjutant General Thomas's demand for possession of War Department....1-170-174.
Walter A. Burleigh: Adjutant General Thomas's account of interview with Secretary Stanton, I-
174; his intentions, I-188; his declarations to clerks, I-211, 214, 215, 219, 220; means by which he
intended to obtain possession, I-175, 188, 210, 211, 218, 219.

I-220

Samuel Wilkeson: Adjutant General Thomas's account of interview with Secretary Stanton

George W. Karsner: conversations with Adjutant General Thomas, I-223-230; his intentions, I—224,
227; interview with Secretary Stanton, I—231.

Thomas W. Ferry: occurrences at War Department, February 22.

I-232

William H. Emory: conversations with President in reference to troops, I-233-236; Orders No. 15
and 17, 1-235, 238.
George W. Wallace: conversation with President in regard to garrison at Washington and movement
of troops

.I-253-256

William E. Chandler: process of drawing money from Treasury Department, I-256, 265, 266; course
of issuing commission to an officer confirmed by Senate, I-257; authority of Assistant Secretary
of Treasury to sign warrants, I-266; the practice, I-267.

Charles A. Tinker: telegrams between Lewis E. Parsons and President relating to reconstruction in
Alabama, I-268-272; President's speech, August 18, 1866, as telegraphed, I-280, 281, 289, 290.
James B. Sheridan: President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson. I-281-
283; manner of reporting it, I-282, 283, 291; corrections by President's secretary, I-281, 290, 291.
James O. Clephane: President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson, I-283,
284; revision by President's secretary, I-284, 294; verbatim report rewritten for Chronicle, I—284,
285, 286.

Francis H. Smith: President's speech, August 18, 1866, I-292, 293; revision by President's secretary,
I-292.
William G. Moore: corrections of report of President's speech, August 18, 1866..

.I- 294, 297

William N. Hudson: President's speech at Cleveland, September 3, 1866, reported for Cleveland
Leader, I-304-310; cries of the crowd, I-310-315.

Daniel C. McEwen: President's speech at Cleveland, September 3, 1866...

I-316-318

Everett D. Stark: President's speech at Cleveland, September 3, 1866, reported for Cleveland
Herald

I-318-321

L. L. Walbridge: President's speech at St. Louis, September 8, 1866..
Joseph A. Dear: President's speech at St. Louis..

I-337-340

.I-345-348

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Trial of Andrew Johnson: President of the United States, Before ..., Svazek 1