The CHIEF JUSTICE. The Chair conceives that the amendment offered by the senator from New York is not in order.

Mr. WILSON. For the purpose of bringing the motion made by the senator from New York before the body, I withdraw my amendment, so that his amendment will be in order.

Mr. CONKLING. Then I offer my original proposition as a substitute for the proposition of the senator from Ohio.

The CHIEF JUSTICE. The amendment of the senator from New York will be read.

The CHIEF CLERK. The amendment is to strike out all after the word "ordered," in the proposition of Mr. Sherman, and to insert in lieu thereof: That, unless otherwise ordered by the Senate for cause shown, the trial of the pending impeachment shall proceed immediately after replication shall be filed.

Mr. Manager BINGHAM. Mr. President, I am instructed by the managers to say that the proposition just suggested by the honorable senator from New York [Mr. Conkling] is entirely satisfactory to the managers for the House, and to say further to the Senate that we believe it is in perfect accord with the precedents in this country. The Senate will doubtless remember that on the trial of Justice Chase, when a day was fixed for an answer, upon his own petition, verified by his affidavit, the Senate adopted an order which was substantially the order as suggested by the amendment of the honorable gentleman from New York. I beg leave to read that order in the hearing of the Senate:

Ordered, That the 4th day of February next shall be the day for receiving the answer and proceeding with the trial of the impeachment against Samuel Chase.

If nothing further had been said touching the original proposition we would have been content and satisfied to leave this question without further remark to the decision of the Senate; but in view of what has been said by the counsel for the accused we beg leave to respond that we are chargeable with no indecent haste when we ask that no unnecessary delay shall interpose between the people and the trial of a man who is charged with having violated the greatest trusts ever committed to a single person; trusts that involve the highest interests of the whole people; trusts that involve the peace of the whole country; trusts that involve in some sense the success of this last great experiment of representative government upon the earth.

We may be pardoned, further, sir, for saying that it strikes us somewhat with surprise, without intending the slightest possible disrespect to any member of this body, that any proposition should be entertained for the continuance of a trial like this, when no formal application has been made by the accused himself. To be sure, a motion was interposed here to-day in the face of the written rule, order, and law of this body, for leave to file an answer at the end of forty days. The Senate has disposed of that motion, and in a manner, we venture to say, satisfactory to the whole country, as it is certainly satisfactory to the representatives of the people at this bar. Now, sir, that being disposed of, the Senate having determined the day on which answer shall be filed, we submit, with all respect to the Senate, that it is but just to the people of this country that we shall await the incoming of the answer and the replication thereto by the representatives of the people, and then see and know what colorable excuse can be offered, either by the accused President in his own person or through his representatives, why this trial should be delayed a single hour.

If he be innocent of the grave accusations prepared against him, the truth will soon be ascertained by this enlightened body; and he has the right, if the fact so appear, to a speedy deliverance, and the country a right to a speedy determination of this important question. If, on the other hand, he be guilty of these grave and serious charges, what man is there within this body or outside of this body ready to say that he should one day or hour longer disgrace the

high position which has been held hitherto by some of the noblest and most illustrious of the land?

We think that the executive power of this nation can only be reposed in the hands of men who are faithful to their great trust. The people so think. They have made that issue with the President of the United States at this bar; and while we demand that there shall be no indecent haste, we, too, demand in the name of all the people, most respectfully, that there shall be no unnecessary delay, and no delay at all until good cause is shown for delay in the mode and manner hitherto observed in proceedings of this sort.

Mr. JOHNSON. Mr. President, I ask that the resolution offered by the honorable member from Ohio shall be read. I did not hear it distinctly.

The CHIEF JUSTICE. It will be reported.

The CHIEF CLERK. The order as submitted by Mr. Sherman is as follows: Ordered, That the trial of the articles of impeachment shall proceed on the 6th day of April next.

The senator from New York [Mr. Conkling] moves to amend by striking out all after the word "ordered," and inserting:

That, unless otherwise ordered by the Senate for cause shown, the trial of the pending impeachment shall proceed immediately after replication shall be filed.

Mr. JOHNSON. Mr. President, I rise for information. Is there any period within which the replication is to be filed? There is nothing on the face of that order limiting the time within which the replication may be filed. If the managers propose to make that a part of the order to file the replication on the day the answer may come in, or on any specific day after the coming in of the answer, it would not, perhaps, be liable to objection; but the accused may well be in ignorance of the time when the trial will begin under the order as it stands. Mr. Manager BINGHAM. Will the honorable senator allow me to suggest to him that we can only file the replication with the consent and after consultation with the House of Representatives; and therefore the answer to his suggestion is that as soon as answer be made here according to the usage and practice in cases of this sort we will respectfully demand a copy of the answer that we may lay it before the house and report to this body as soon as the house will order us its replication. I have no doubt it will be done within one or two days after the answer is filed.

Mr. JOHNSON. What I meant

Mr. CONKLING. I rise to a question of order. Reluctant as I am to make it, I ask for the enforcement of the eighteenth and twenty-third rules.

The CHIEF JUSTICE. No debate can be had. The Chair understood the senator from Maryland as simply asking for an explanation from the managers. Mr. JOHNSON. What is the rule, Mr. President?

The CHIEF JUSTICE. The Secretary will read the rule.

Mr. JOHNSON. The honorable member from New York is mistaken in supposing that I rose to debate the question. I only rose for the purpose of inquiring what the question was. I suppose that is allowable.

The CHIEF JUSTICE. Is the Senate ready for the question on the substitute proposed by the senator from New York?

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

nays.

The yeas and nays were ordered; and being taken resulted-yeas 40, nays 10, as follows:

YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, 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-40

NAYS-Messrs. Bayard, Buckalew, Davis, Dixon, Hendricks, Johnson, McCreery, Patterson of Tennessee, Saulsbury, and Vickers-10. ABSENT-Messrs. Cragin, Doolittle, Norton, and Wade-4.

So the amendment was agreed to.

The CHIEF JUSTICE. The question recurs on the order as amended. The clerk will report the order.

The chief clerk read it, as follows:

Ordered, That, unless otherwise ordered by the Senate for cause shown, the trial of the pending impeachment shall proceed immediately after replication shall be filed.

The order was agreed to.

Mr. HOWARD. If there be no motion for the court on behalf of the honorable managers of the House of Representatives, or on the part of the counsel for the accused, I move that the Senate sitting on the present impeachment adjourn to the 23d day of the present month, at one o'clock in the afternoon. I send an order to the Chair for that purpose. My motion is made subject to any action the managers may see fit to lay before us, or the counsel for the accused. I will not press it if they have anything to propose.

The CHIEF JUSTICE, Have the managers on the part of the House of Rep resentatives anything to propose?

Mr. Manager BINGHAM. Nothing further at present.

The CHIEF JUSTICE. Have the counsel for the accused anything to propose? Mr. CURTIS. Nothing.

The CHIEF JUSTICE. Senators, the motion is to adjourn the Senate sitting for the trial of this impeachment until the 23d of March.

The motion was agreed to.

The Chief Justice thereupon vacated the chair.

MONDAY, March 23, 1868.

At 1 o'clock p. m. the Chief Justice of the United States entered the Senate chamber, escorted by Mr. Pomeroy, the chairman of the Senate committee heretofore appointed for that purpose, and took the chair.

The CHIEF JUSTICE. The Sergeant-at-arms will open the court by procla mation.

The SERGEANT-AT-ARMS. Hear ye, 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 managers of the impeachment on the part of the House of Representatives appeared at the door, and their presence was announced by the Sergeant

at-arms.

The CHIEF JUSTICE. The managers will take the seats assigned to them by the Senate.

The managers accordingly took the seats provided for them in the area of the Senate to the left of the Presiding Officer.

The counsel for the President, Hon. Henry Stanbery, of Kentucky; Hon. B. R. Curtis, of Massachusetts; Hon. Thomas A. R. Nelson, of Tennessee; William M. Evarts, Esq., of New York, and Hon. William S. Groesbeck, of Ohio, appeared and took the seats assigned to them on the right of the Chair. The Sergeant-at-arms announced the presence of the House of Representatives; and the Committee of the Whole House, headed by Mr. E. B. Washburne, of Illinois, the chairman of the Committee of the Whole, and the Clerk of the House, entered the chamber, and the members were conducted to the seats assigned them.

The Secretary called the name of Mr. Doolittle, who had not heretofore been sworn, and the oath prescribed by the rules was administered to him by the Chief Justice.

The CHIEF JUSTICE. The Secretary will read the minutes of the proceedings of the last sitting.

The Secretary read the journal of the proceedings of Friday, March 13, of the Senate sitting for the trial of the impeachment of Andrew Johnson, President of the United States, on articles of impeachment.

On the journal of those proceedings occur the following entries as to the proceedings of the Senate on that occasion, when it had retired for deliberation : The Senate, with the Chief Justice, having retired to their conference chamber, proceeded to consider the motion presented by Mr Edmunds: and,

After debate,

On motion by Mr. Drake to amend the motion submitted by Mr. Edmunds, by striking out all after the word "ordered," and in lieu thereof inserting:

That the respondent file answer to the articles of impeachment on or before Friday the 20th day of March, instant.

It was determined in the affirmative-yeas 28, nays 20.

On motion by Mr. Drake,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are

Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Drake, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Stewart, Sumner, Thayer, Trumbull, Willey, Williams, Wilson, and Yates.

Those who voted in the negative are

Messrs. Anthony, Bayard, Buckalew, Davis, Dixon, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Norton, Patterson of Tennessee, Saulsbury, Van Winkle, and Vickers.

So the amendment of Mr. Drake to the motion of Mr. Edmunds was agreed to.

On the question to agree to the motion of Mr. Edmunds, as amended,

After debate,

On motion of Mr. Trumbull, that the Senate reconsider its vote agreeing to the amendment proposed by Mr. Drake to the motion of Mr. Edmunds,

It was determined in the affirmative-yeas 27, nays 23.

On motion of Mr. Drake,

The yeas and nays being desired by one-fifth of the senators present,
Those who voted in the affirmative are-

Messrs. Anthony, Bayard, Buckalew, Cattell, Corbett, Davis, Dixon, Edmunds, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Vermont, Morton, Norton, Patterson of Tennessee, Saulsbury, Sherman, Sprague, Trumbull, Van Winkle, Vickers, and Willey.

Those who voted in the negative are

Messrs. Cameron, Chandler, Cole, Conkling, Conness, Drake, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Maine, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Williams, Wilson, and Yates.

So the Senate reconsidered its vote agreeing to the amendment of Mr. Drake to the motion of Mr. Edmunds; and,

The question recurring on the amendment of Mr. Drake,

On motion of Mr. Trumbull to amend the amendment of Mr. Drake, by striking out the words "Friday, the 20th," and inserting the words "Monday, the 23d,”

It was determined in the affirmative; and,

On the question to agree to the amendment, as amended on the motion of Mr. Trumbull, It was determined in the affirmative.

The question again recurring on the motion of Mr. Edmunds, as amended on the motion of Mr. Drake, as amended by Mr. Trumbull in the following words:

"Ordered, That the respondent file answer to the articles of impeachment on or before Monday, the 23d day of March instant,"

It was determined in the affirmative.

Mr. DAVIS. Mr. Chief Justice, I rise to make the same question to the Court which I made in the Senate, and I think that now is the appropriate time, before the Court has decided to take up the case. I therefore submit to the Court a

motion in writing.

The CHIEF JUSTICE. The Secretary will read the motion.

The Secretary read as follows:

Mr. DAVIS, a member of the Senate and of the Court of Impeachment, from the State of Kentucky, moves the Court to make this order:

The Constitution having vested the Senate with the sole power to try the articles of im peachment of the President of the United States preferred by the House of Representatives, and having also declared that "the Senate of the United States shall be composed of two senators from each State chosen by the legislatures thereof," and the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Arkansas, Louisiana, and Texas having, each by its legislature, chosen two senators who have been and continue to be excluded by the Senate from their seats respectively, without any judgment by the Senate against them personally and individually on the points of their elections, returns, and quali fications, it is

Ordered, That a Court of Impeachment for the trial of the President cannot be legally and constitutionally formed while the senators from the States aforesaid are thus excluded from the Senate; and this case is continued until the senators from these States are permitted to take their seats in the Senate, subject to all constitutional exceptions to their elections, returns, and qualifications severally.

Mr. HOWARD. Mr. President

The CHIEF JUSTICE. The rule does not admit of debate.

Mr. HOWARD. Mr. President, I object to the receiving of the paper as not in order.

Mr. CONNESS. Mr. President, I desire to submit a motion, which will cover the case, perhaps. I move that the paper be not received, upon which I call for the yeas and nays.

Mr. HowE. Mr. President, I rise to submit a question of order.

The CHIEF JUSTICE. The senator from Wisconsin.

Mr. Howe. I submit if the motion offered by the senator from Kentucky be in order.

The CHIEF JUSTICE. The motion comes before the Senate in the shape of an order submitted by a member of the Senate and of the Court of Impeachment. The twenty-third rule requires that "all the orders and decisions shall be made and had by yeas and nays, which shall be entered on the record, and without debate, subject, however, to the operation of rule seven." The seventh rule requires the presiding officer of the Senate to "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 applies to every order submitted by a member of the Senate under the twenty-third rule. The Chair rules that the order is in order.

Mr. CONNESS. Mr. President

The CHIEF JUSTICE. No debate is allowed.

Mr. CONNESS. Is the motion submitted by me in order in connection with it? The CHIEF JUSTICE, No, sir.

Several Senators. Let us have a square vote.

Other Senators. Let us have the yeas and nays on the order proposed. The yeas and nays were ordered; and being taken, resulted-yeas 2, nays 49; as follows:

YEAS-Messrs. Davis and McCreery-2.

NAYS-Messrs. Anthony, Buckalew, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Dixon, Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Henderson, Hendricks, Howard, Howe, Johnson, Morgan, Mor rill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Vickers, Willey, Williams, Wilson, and Yates-49. ABSENT-Messrs. Bayard, Saulsbury, and Wade-3.

The CHIEF JUSTICE. On the motion to adopt the order of the senator from Kentucky, the yeas are 2 and the nays 49. The motion is lost.

Are the counsel for the President ready to file their answer?

Mr. STANBERY. Mr. Chief Justice, in obedience to the order of the honora ble court, made at the last session, that the answer of the President should be filed to-day, we have it ready. The counsel, abandoning all other engagements,