The CHIEF JUSTICE. The Senate will come to order. The proceedings of yesterday will be read.

The Secretary read the "proceedings of the Senate sitting on the trial of the impeachment of Andrew Johnson, President of the United States, on Thursday, March 5, 1868," from the entries on the journal kept for that purpose by the Secretary.

The CHIEF JUSTICE. At its adjournment last evening, the Senate, sitting for the trial of impeachment, had under consideration the motion of the senator from Maryland, [Mr. Johnson,] that objection having been made to the senator from Ohio [Mr. Wade] taking the oath, his name should be passed until the remaining members have been sworn. That is the business now before the body.

After discussion, Senator Hendricks withdrew his objection, and the Chief Justice announced that the motion made by the honorable senator from Maryland fell with it.

The Secretary called the name of Mr. Wade, who advanced and took the oath.

The Secretary then continued the call of the roll, and the Chief Justice administered the oath to Senators Willey, Williams, Wilson, and Yates, as their names were respectively called.

The Secretary then called the names of Senators Doolittle, Edmunds, Patterson of New Hampshire, and Saulsbury, who were not present yesterday; and Mr. Saulsbury appeared, and the oath was administered to him by the Chief Justice.

The CHIEF JUSTICE. All the senators present having taken the oath required by the Constitution, the Senate is now organized for the purpose of proceeding to the trial of the impeachment of Andrew Johnson, President of the United States. The Sergeant-at-arms will make proclamation.

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

Mr. HOWARD. I move that the Secretary of the Senate notify the managers on the part of the House of Representatives that the Senate is now organized for the purpose of proceeding to the trial of the impeachment of Andrew Johnson.

The CHIEF JUSTICE. Before putting that question the Chair feels it his duty to submit a question to the Senate relative to the rules of proceeding. In the judgment of the Chief Justice the Senate is now organized as a distinct body from the Senate sitting in its legislative capacity. It performs a distinct function; the members are under a different oath; and the presiding officer is not the President pro tempore of the Senate, but the Chief Justice of the United States. Under these circumstances, the Chair conceives that rules adopted by the Senate in its legislative capacity are not rules for the government of the Senate sitting for the trial of an impeachment, unless they be also adopted by that body. In this judgment of the Chair, if it be an erroneous one, he desires to be corrected by the judgment of the court, or of the Senate sitting for the trial of the impeachment of the President, which in his judgment are synonymous terms, and therefore, if he may be permitted to do so, he will take the sense of the Senate upon this question, whether the rules adopted on the 2d of March, a copy of which is now laying before him, shall be considered the rules of proceeding in this body. (Question.") Senators, you who think that the rules of proceeding adopted on the 2d of March should be considered as the rules of proceeding of this body will say "ay;" contrary opinion, "no." [The senators having answered.] The ayes have it by the sound. The rules will be considered as the rules of proceeding in this body.

Rules of procedure and practice in the Senate when sitting on the trial of impeachments.

I. Whensoever the Senate shall receive notice from the House of Representatives that managers are appointed on their part to conduct an impeachment against any person, and are directed to carry articles of impeachment to the Senate, the Secretary of the Senate shall immediately inform the House of Representatives that the Senate is ready to receive the managers for the purpose of exhibiting such articles of impeachment agreeably to said notice. II. When the managers of an impeachment shall be introduced at the bar of the Senate, and shall signify that they are ready to exhibit articles of impeachment against any person, the presiding officer of the Senate shall direct the Sergeant-at-arms to make proclamation, who shall, after making proclamation, repeat the following words, viz: "All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against

after which the articles shall be exhibited, and then the presiding officer of the Senate shall inform the managers that the Senate will take proper order on the subject of the impeachment, of which due notice shall be given to the House of Representatives.

III. Upon such articles being presented to the Senate, the Senate shall, at 1 o'clock afternoon of the day (Sunday excepted) following such presentation, or sooner if so ordered by the Senate, proceed to the consideration of such articles, and shall continue in session from day to day, (Sundays excepted) after the trial shall commence, (unless otherwise ordered by the Senate,) until final judgment shall be rendered, and so much longer as may, in its judgment, be needful. Before proceeding to the consideration of the articles of impeachment, the presiding officer shall administer the oath hereinafter provided to the members of the Senate then present, and to the other members of the Senate as they shall appear, whose duty it shall be to take the same.

IV. When the President of the United States, or the Vice President of the United States, upon whom the powers and duties of the office of President shall have devolved, shall be impeached, the Chief Justice of the Supreme Court of the United States shall preside; and in a case requiring the said Chief Justice to preside, notice shall be given to him by the presiding officer of the Senate of the time and place fixed for the consideration of the articles of impeachment, as aforesaid, with a request to attend; and the said Chief Justice shall preside over the Senate during the consideration of said articles, and upon the trial of the person impeached therein.

V. The presiding officer shall have power to make and issue, by himself or by the Secretary of the Senate, all orders, mandates, writs, and precepts authorized by these rules, or by the Senate, and to make and enforce such other regulations and orders in the premises as the Senate may authorize or provide.

VI. The Senate shall have power to compel the attendance of witnesses, to enforce obedience to its orders, mandates, writs, precepts, and judgments, to preserve order, and to punish in a summary way contempts of and disobedience to its authority, orders, mandates, writs, precepts, or judgments, and to make all lawful orders, rules and regulations, which it may deem essential or conducive to the ends of justice. And the Sergeant-at-arms, under the direction the Senate, may employ such aid and assistance as may be necessary to enforce, execute, and carry into effect the lawful orders, mandates, writs, and precepts of the Senate. VII. The presiding officer of the Senate shall direct all necessary preparations in the Senate chamber, and the presiding officer upon the trial shall direct all the forms of proceeding while the Senate are sitting for the purpose of trying an impeachment, and all forms during the trial not otherwise specially provided for. The presiding officer may, in the first instance, submit to the Senate, without a division, all questions of evidence and incidental questions; but the same shall, on the demand of one-fifth of the members present, be decided by yeas and nays. [This rule was amended on the 31st of March. ]

VIII. Upon the presentation of articles of impeachment and the organization of the Senate as hereinbefore provided, a writ of summons shall issue to the accused, reciting said articles and notifying him to appear before the Senate upon a day and at a place to be fixed by the Senate and named in such writ, and file his answer to said articles of impeachment, and to stand to and abide the orders and judgments of the Senate thereon; which writs shall be served by such officer or person as shall be named in the precept thereof such number of days prior to the day fixed for such appearance as shall be named in such precept, either by the delivery of an attested copy thereof to the person accused, or, if that cannot conveniently be done, by leaving such copy at the last known place of abode of such person or at his usual place of business, in some conspicuous place therein; or if such service shall be, in the judgment of the Senate, impracticable, notice to the accused to appear shall be given in such other manner, by publication or otherwise, as shall be deemed just; and if the writ aforesaid shall fail of service in the manner aforesaid the proceedings shall not thereby abate, but further service may be made in such manner as the Senate shall direct. If the accused, after service, shall fail to appear, either in person or by attorney, on the day so fixed there

for as aforesaid, or, appearing, shall fail to file his answer to such articles of impeachment, the trial shall proceed, nevertheless, as upon a plea of not guilty. If a plea of guilty shall be entered judgment may be entered thereon without further proceedings.

IX. At twelve o'clock and thirty minutes afternoon of the day appointed for the return of the summons against the person impeached, the legislative and executive business of the Senate shall be suspended, and the Secretary of the Senate shall administer an oath to the returning officer in the form following, viz: “I, do solemnly swear that the return made by me upon the process issued on the day of -, by the Senate of the United States, against is truly made, and that I have performed such service as therein described: so help me God." Which oath shall be entered at large on the records. X. The person impeached shall then be called to appear and answer the articles of impeachment against him. If he appear, or any person for him, the appearance shall be recorded, stating particularly if by himself, or by agent or attorney, naming the person appearing, and the capacity in which he appears. If he do not appear, either personally or by agent or attorney, the same shall be recorded.

XI. At twelve o'clock and thirty minutes afternoon of the day appointed for the trial of an impeachment, the legislative and executive business of the Senate shall be suspended, and the Secretary shall give notice to the House of Representatives that the Senate is ready to proceed upon the impeachment of in the Senate chamber, which chamber is

prepared with accommodations for the reception of the House of Representatives.

XII. The hour of the day at which the Senate shall sit upon the trial of an impeachment shall be (unless otherwise ordered) twelve o'clock m.; and when the hour for such sitting shall arrive, the presiding officer of the Senate shall so announce; and thereupon the presiding officer upon such trial shall cause proclamation to be made, and the business of the trial shall proceed. The adjournment of the Senate sitting in said trial shall not operate as an adjournment of the Senate; but on such adjournment the Senate shall resume the consideration of its legislative and executive business.

XIII. The Secretary of the Senate shall record the proceedings in cases of impeachment as in the case of legislative proceedings, and the same shall be reported in the same manner as the legislative proceedings of the Senate.

XIV. Counsel for the parties shall be admitted to appear and be heard upon an impeach

ment.

XV. All motions made by the parties or their counsel shall be addressed to the presiding officer, and if he, or any senator, shall require it, they shall be committed to writing, and read at the Secretary's table.

XVI. Witnesses shall be examined by one person on behalf of the party producing them, and then cross-examined by one person on the other side.

XVII. If a senator is called as a witness he shall be sworn and give his testimony standing in his place.

XVIII. If a senator wishes a question to be put to a witness, or to offer a motion or order, (except a motion to adjourn,) it shall be reduced to writing, and put by the presiding officer. XIX. At all times while the Senate is sitting upon the trial of an impeachment the doors of the Senate shall be kept open, unless the Senate shall direct the doors to be closed while deliberating upon its decisions.

XX. All preliminary or interlocutory questions, and all motions, shall be argued for not exceeding one hour on each side, unless the Senate shall, by order, extend the time.

XXI. The case, on each side, shall be opened by one person. The final argument on the merits may be made by two persons on each side, (unless otherwise ordered by the Senate, upon application for that purpose,) and the argument shall be opened and closed on the part of the House of Representatives.

XXII. On the final question whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the members present, a judgment of acquittal shall be entered; but if the person accused in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of the members present, the Senate shall proceed to pronounce judgment, and a certified copy of such judgment shall be deposited in the office of the Secretary of State.

XXIII. All the orders and decisions shall be made and had by yeas and nays, which shall be entered on the record, and without debate, except when the doors shall be closed for deliberation, and in that case no member shall speak more than once on one question, and for not more than ten minutes on an interlocutory question, and for not more than fifteen minutes on the final question, unless by consent of the Senate, to be had without debate; but a motion to adjourn may be decided without the yeas and nays, unless they be demanded by one-fifth of the members present.

XXIV. Witnesses shall be sworn in the following form, namely: "You,

do swear (or affirm, as the case may be) that the evidence you shall give in the case now depending between the United States and shall be the truth, the whole truth, Which oath shall be administered by the

and nothing but the truth: so help you God." Secretary or any other duly authorized person. Form of subpoena to be issued on the application of the managers of the impeachment, or of the party impeached, or of his counsel:

You and each of you are hereby commanded to appear before the Senate of the United States, on the day of at the Senate chamber, in the city of Washington, then and there to testify your knowledge in the cause which is before the Senate, in which the House of Representatives have impeached

Fail not.

and presiding officer of the Senate, at the city of Washington,
in the year of our Lord
and of the independence of the

You are hereby commanded to serve and return the within subpoena according to law. Dated at Washington, this day of

the independence of the United States the

and of

in the year of our Lord

Secretary of the Senate.

Form of oath to be administered to the members of the Senate sitting in the trial of impeach

ments:

I solemnly swear (or affirm, as the case may be,) that in all things appertaining to the trial of the impeachment of now pending, I will do impartial justice according

to the Constitution and laws: so help me God.

Form of summons to be issued and served upon the person impeached: THE UNITED STATES OF AMERICA, ss:

Whereas the House of Representatives of the United States of America did, on the day of exhibit to the Senate articles of impeachment against you, the said

in the words following:

[Here insert the articles.]

And demand that you, the said

should be put to answer the accusations

as set forth in said articles, and that such proceedings, examinations, trials, and judgments might be thereupon had as are agreeable to law and justice:

You, the said are therefore hereby summoned to be and appear before the Senate of the United States of America, at their chamber, in the city of Washington, on the day of at twelve o'clock and thirty minutes afternoon, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform such orders, directions, and judgments as the Senate of the United States shall make in the premises according to the Constitution and laws of the United States.

Hereof you are not to fail.

and presiding officer of the said Senate, at the city of Washington, in the year of our Lord and of the independence of the

if conveniently to

You are hereby commanded to deliver to and leave with be found, or, if not, to leave at his usual place of abode, or at his usual place of business, in some conspicuous place, a true and attested copy of the within writ of summons, together with a like copy of this precept; and in whichsoever way you perform the service let it be done at least days before the appearance day mentioned in said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon indorsed, on or before the appearance day mentioned in the said writ of summons. Witness and presiding officer of the Senate, at the city of Washington, this in the year of our Lord and of the independence of the United States

the

day of

All process shall be served by the Sergeant-at-arms of the Senate, unless otherwise ordered by the court.

XXV. If the Senate shall at any time fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.

THE CHIEF JUSTICE. The senator from Michigan moves-will the senator have the goodness to repeat his motion?

Mr. HOWARD. My motion is that the Secretary of the Senate notify the managers of the House of Representatives that the Senate is now organized for the purpose of trying the impeachment against Andrew Johnson, and is ready to receive them. The clerk will be good enough to put it in form.

The Secretary read the order, as follows:

Ordered, That the Secretary of the Senate notify the House of Representatives that the Senate is now organized for the trial of the articles of impeachment against Andrew Johnson, President of the United States, and is ready to receive the managers of the impeachment at its bar.

The motion was agreed to.

After a pause, and at 13 minutes before 3 o'clock, the managers of the impeachment on the part of the House of Representatives (with the exception of Mr. Stevens) appeared at the bar, and their presence was announced by the Sergeant

at-arms.

The CHIEF JUSTICE. The managers of the impeachment on the part of the House of Representatives will please take the seats assigned to them.

The managers having been seated in the area in front of the Chair,

Mr. Manager BINGHAM rose and said: Mr. President, we are instructed by the House of Representatives, as its managers, to demand that the Senate take process against Andrew Johnson, President of the United States, that he may auswer at the bar of the Senate upon the articles of impeachment heretofore preferred by the House of Representatives through its managers before the Senate.

Mr. HOWARD. I move for an order that a summons do issue to Andrew Johnson, President of the United States, in accordance with the rules which we have adopted—I refer particularly to the eighth rule-returnable on Friday, the 13th day of March instant, at 1 o'clock in the afternoon.

The CHIEF JUSTICE. The Secretary will read the order.

The Secretary read as follows:

Ordered, That a summons do issue, as required by the rules of procedure and practice in the Senate when sitting on the trial of impeachments, to Andrew Johnson, returnable on Friday, the 13th day of March instant, at 1 o'clock in the afternoon.

The order was adopted.

Mr. ANTHONY offered an amendment to the rules for the consideration of the court, which, after discussion, was laid on the table at his request.

Strike out the last clause of rule seven in the following words:

The presiding officer may, in the first instance, submit to the Senate without a division all questions of evidence and incidental questions; but the same shall, on the demand of onefifth of the members present, be decided by yeas and nays.

And in lieu of those words to insert:

The presiding officer of the court may rule all questions of evidence and incidental questions, which ruling shall stand as the judgment of the court, unless some member of the court shall ask that a formal vote be taken thereon, in which case it shall be submitted to the court for decision; or he may, at his option, in the first instance submit any such question to a vote of the members of the court.

Mr. HOWARD. I move that the Senate, sitting upon the trial of the impeachment, adjourn to the time at which the summons just ordered is returnable-Friday, the 13th instant, at 1 o'clock in the afternoon.

The CHIEF JUSTICE. The question is upon the motion to adjourn until Friday, the 13th instant, at 1 o'clock in the afternoon.

The motion was agreed to; and the Chief Justice thereupon declared the Senate sitting for the trial of the impeachment adjourned to the time named, and vacated the chair.