The Congressional Globe: Containing the Debates and Proceedings of the Second Session of the Fortieth Congress; Together With an Appendix, Comprising the Laws Passed at that Session; and a Supplement, Embracing the Proceedings in the Trial of Andrew Johnson Page: 1,616

                                
1616
THE CONGRESSIONAL GLOBE.
March 2,
The reading of the amendment having been
concluded,
Mr. BUTLER said: I will only say that
Judge Chase's case tarnishes an exact prece-
dent for this. 1 will say farther that the lan-
guage cited is taken from perfectly reliable
documents, and two of the three citations were
proved before the Judiciary Committee, and
there can be no doubt as to the speeches hav-
ing been delivered. I do not care to say any-
thing further, except that I have made no alle-
gation as to the truth or falsity of these charges
because the gravamen of the charge is that
they never ought to have been made, and it is
not consistent with the dignity of the House to
put in any allegation as to their truth or falsity.
Mr. WILSON, of Iowa. I desire to state to
the committee that the subject embraced in
this amendment, and I may say the substance
presented in the amendment proposed by the
gentleman from Massachusetts, [Mr. Butler,]
was considered in the committee appointed to
prepare articles of impeachment against the
President of the United States, and it was
agreed by the committee not to present an ar-
ticle based upon the subject-matter involved in
this amendment. I therefore hope the com-
mittee will not adopt the amendment.
The question was put on the amendment,
and there were—ayes 45, noes 50.
Mr. PIKE. I call for tellers.
Tellers were ordered; and Messrs. Wilson,
of Iowa, and Butler were appointed.
The committee divided j and the tellers re-
ported—ayes 48, noes 74.
So the amendment was rejected.
The CHAIRMAN, (at four o'clock p. m.)
By the order of the House the committee will
now rise and report their action to the House.
The committee accordingly rose; and the
Speaker having resumed the chair, Mr. Dawes
reported that the Committee of the Whole had,
by order of the House, had under considera-
tion articles of impeachment against Andrew
Johnson, President of the United States, and
had directed him to report the same to the
House with an amendment in the nature of a
substitute.
The SPEAKER. The order of the House
is, that the House shall u immediately, with-
out dilatory motions," vote thereon.
Mr. BOUTWELL. Then there is no neces-
sity for the previous question ?
The SPEAKER. The previous question
would not operate any more strongly than the
order of the House does. The first question
is on agreeing to the substitute, after which,
if a separate vote is demanded, each article
will be voted on separately.
Mr. FARNSWORTH. I desire to ask
whether it is in order now to move to suspend
the rules so as not to require the House to vote
immediately ?
The SPEAKER. It is not in order, because
the order of the House was expressly for the
purpose of preventing that motion being enter-
tained.
Mr. FARNSWORTH. As this is Monday,
cannot a motion be made to suspend that rule
as well as all others?
The SPEAKER. It cannot, because the
House has ordered that it shall u immediately,
and without dilatory motions, vote,; on the
report of the Committee of the Whole. That
order cannot be changed except by unanimous
consent.
Mr. FARNSWORTH.^ Then I wish to
inquire whether, after voting upon the several
articles reported to the House, it will not be
in order to suspend the rules for the purpose
of offering additional articles of impeachment?
The SPEAKER. It will not, because the
House also ordered, on the 25th of February,
"That if the articles of impeachment are agreed
on the House shall then immediately and without
dilatory motions clect by ballot seven manager to
conduct said impeachment on the part of the House."
Mr. FARNSWORTH. After that cannot
the rules be suspended ?
The SPEAKER. Then the rule will have
been executed as far as this day is concerned.
Mr. ELDRIDG-E. At what time will the
order be executed?
The SPEAKER. When the managers are
elected. But, if the gentleman from Wisconsin
desires furtherinformation, the Chair would add
that the rule further provides :
"That during the pendency of resolutions in the
House relative to said impeachment thcreaiterno
dilatory motions shall be received except one motion
on each day that the House do now adjourn."
That is for the future action of the House.
Mr. ELDRIDGE. Mr. Speaker, I have a
communication, signed by forty-five members
of the House of Representatives, which I have
been requested to present at this time, and ask
that it may be read. I then propose to ask
unanimous consent of the House for a motion
founded upon that communication. It is re-
spectful in its terms, and I regard it as a privi-
leged communication.
The SPEAKER. Thegentleman may regard
it as a privileged communication, but it is not
so regarded by the rules of the House, as the
gentleman will see by referring to page 15G of
Barclay's Digest, where he will find the fol-
lowing :
"It is not a matter of right and parliamentary priv-
ilege to have received and entered upon the Journal
a protest of members asrainstthe action of thellouae.
[(Jong. 1,31; pp. 1579-1588.]
After this matter is disposed of the gentle-
man can ask it.
Mr. ELDRIDGE. Iaskunanimous consent
of the House to have this communication
printed in the Globe.
Mr. FARNSWORTH^ I raise the point of
order that under the special order of the House
the Chair cannot now ask unanimous consent
for any such purpose.
The SPEAKER. The Chair sustains the
point of order.
The substitute reported from the Committee
of the Whtfle was then agreed to.
The question was upon the articles as
amended.
The first article was read as follows :
Article I.
That said Andrew Johnson, President of the United
States, on the 21st day of Februaiy, in the year of
oiu Lord 1868, at Washington, in the District ot Co-
lumbia, unmindful of the high duties of his office, of
his oath of office, and of the requirement of the Con-
stitution that he should take care that the laws be
faithiully executed, did unlawfully and in violation
of the Constitution and laws of the United States
issue an order in writing fer tile removal of Edwin M.
Stanton from the office of Seeictary for the Depart-
ment of War, said Edwin M. Stanton having been
theretofore duly appointed and commissioned, by and
with the advice and consent ot the Senate ot the
United States, as such Sceretaiy, and said Andrew
Johnson, President of the United State*, on the 12th
day of August, in the year of our Lord 1SG7, and during
the recess of .said Senate, having suspended bv his
order Edwin M. Stanton from said office, and within
twenty days after the first day of the next meeting of
said Senate, that is to say, on thel2th day of Decem-
ber, in tho year last aforesaid, having reported to
said Senate such suspension, with the evidence and
reasons for his action in the case and the name of the
person designated to perform the duties of such office
temporarily until tho next meeting of the Senate, and
said Senate thereaftcrward, on the 13th day of Jan-
uary, in the year of our Loid 1868, having duly con-
sidered the evidence and reasons reported by said
Andrew Johnson for said suspension, and having re-
fused to concur in said suspension, whereby and by
force of the provisions of an act entitled "An act
regulating tho tenure of certain civil offices," passed
March 2,18(57, said Edwin M. Stanton did forthwith
resume the functions of his office, whereof the said
Andiew Johnson had then and there due notice, and
said Edwin M. Stanton, by reason of the premises,
on said 21st day of February, being lawfully entitled
toehold saidothceof Secretary for the Department of
War, which said order tor tho removal of said Edwin
M. Stanton is in substance as follows, that is to say:
Executive Mansion,
Washington, D. C., February 21,18S8.
Sir: By virtue of the power and authority vested
in me as President by the Constitution and laws of
the United States you arc hereby removed from office
as Secretary for the Department of War, and your
functions as such will terminate upon receipt ot this
communication.
You will transfer to Brevet Major General Lorenzo
Thomas, Adjutant Genera I of the Arms', who has this
day been authoii/ed and empowered to act as Sec-
retary of War ad interim, all records, books, papers,
and other public property now in your custody and
charge.
Kespectfully yours, ANDREW JOHNSON.
To Hon. Edwin M. Stanton, Washington. T). (\
which order was unlawfully issued with intent then
and there to violate the act entitled "An itct regu-
lating tho tenure of certain civil offices," passed
March 2,1867; and, with the further intent, contrary
to the provisionsof said act,in violation thereof, and
contrary to the provisions of the Constitution of tfao
United States, and without the advice and consent
of the Senate of the United States, the said Senate
then and thcro being in session, to remove said Ed-
win M. Stanton from the officc of Secretary for tho
Department of War. the said Edwin M. Stanton be-
ing then and there Secretary of War, and being then
and there in the due and lawful execution and dis-
charge of the duties of said office, whereby said An-
drew Johnson, President of the Unitecrohitps, did
then and there commit, and was guilty of a high mis-
demeanor in office.
Mr. HOLMAN. I call for a separate vote
on this article.
Mr. ELDRIDGE and Mr. ARCHER called
for the yeas and nays upon agreeing to the
article.
The yeas and nays were ordered.
The question was then taken; and it was
decided in the affirmative—yeas 126. nays 41,
not voting 22 ; as follows :
YEAS—Messrs. Allison, Ames, Anderson. Arnell,
Delos 11. Ashley, James M. Ashley, Bailey, Baldwin,
Banks, Beaman, Beatty, Benton, Bingham, Blaine,
Blair. Boutwell, Bromwell, BroomaU, BuckJand,
Butler, Cake, Churchill, Reader W. Clarke, Sidney
Clarke, Cobb, Coburn, Cook, Cornell, Co vode, Cullom,
Dawes, Dixon, Dodge, Donnelly, Driggs, Esrgleston.
Eliot, Farnsworth, Ferriss, Ferry, Fields, Garfield,
Gravely, Griswold, Ilalsey, Harding, Highy, Hill,
Hooper, Hopkins, Chester D. Hubbard, Hulburd,
Hunter, In:;ersoll, Jcnckes, Judd, Julian, Kclley,
Kelsey, Keteham, Kitchen, Koontz, Laflin, George
V. L.iwren e, William Lawrence, Lincoln, Loan,
Logan, Longhiidge, Lynch, Mallory, Marvin,
McCarthy, McClurg, Mcrcur,Miller, Moore, Morrcll,
Mulling Myers, Newcomb, Nunn, O'Neill, Orth,
Paine, Perhum, Peterc, Pike, Plants, Poland, Poh.Iey,
Pomcroy, Price. Katun, Robertson, Sawyer, Schenck,
S^oficld, Shanks, Smith, Spalding, Starkweather,
Thaddeus Stevens, Stokes, Taile, Taylor, Thomas,
John Trimble, Trowbridge, Twiehell, Upson, Van
Acrnam. Burt Van lloin, Robert T. Van Horn, Van
Wyek, Ward, Oadwalader C. Washburn, Eiihu 13.
Washburne. William B. Washburn, Wclker, Thomas
Williams, James F. Wilson. John T. Wilson. Ste-
phen F. Wilson. Vv'indom, and Woodbridge—120.
NAYS—Messrs. Adams, Archer, Axteli, Barnum,
Beck, Bnycr, Brooks, Burr. C.xry, Chanler, Eidridge,
Fox, Getz, Glo^sbrenner, Goiladay, Grover, Ilaight,
Holman, llotchkhs, Humphrey, Johnson, Jones,
Kerr. Knott, Marshall, MoCormick, Moigan, Mnn-
gen, Nibhick, Nicholson. Pruyn, liandall, Ross, Sir-
greaves, Stewart,Stone, Taber, Lawrence S. Trimble,
Van Auken, Van Trump, and Woodward—41.
NOT VOTING—Messrs. Baker, Barnes, Benjamin,
Eoklcy, Ela, Finney, Hawkins. Asuhcl VV. Hubbard,
Richard D. Hubbaid, Maynard, McCuliough, Moor-
head, Morrissey, Phelps, Pile, Ilobinson, Selye,
Shellabargcr. Aaron F. Stevens, Ilenry I). Wash-
burn, William Williams, and Wood—22.
So the first article was agreed to.
During the call of the roll the following
announcements were made:
Mr. ORTfl. My colleagues from Indiana,
[Mr. Williams and Mr. Waseburx,] who are -
absent on leave, would, if here, vote in the
affirmative.
Mr. LOAN. My colleague [Mr. Bexjamix]
is paired on this question with the gentleman
from New York, [Mr. Robixsox.] My col-
1 ensue, if here, would vote in the affirmative.
Mr. ECKLEY. On this question I am
paired with thegentleman from Maryland, [Mr.
McCulloch.] If he were here he would vote
against these articles, while I should vote for
them.
Mr. IvOONTZ. I desire to state that my
colleague [Mr. Mooiu-iead] is absent by leave
of the House. If lie were present I have no
doubt he would vote "ay."
^Mr. HOLM AN. The gentleman from New
York [Mr. Bahxes] is necessanly detained
from the House. If he were present he would
vote "no.''
_ Mr. FOX. My colleague [Mr. Morrissey]
is detained from the House by sickness. If he
were here he would vote against these article5.
Mr. ARCHER. My colleague [Mi-. Phklp^]
is paired on this question with the gentleman
from New Hampshire, [Mr. Stkvexs.] My
colleague, if he were here, would vote against
these articles.
Mr. "VAN HORN, of Missouri. My col-
league, [Mr. Pile,] who i^ detained from the
House by sickness, would, if here, vote aa\\JJ
Mr. PRICE. My colleague [Mr. Hcbbard,
of Iowa] i* unavoidably detained from rhe
House. If he were here he would vote ay."
The result of the vote was announced as
above stated.