When order was restored, Mr. STEVENS read, in a firm voice, as follows:

Mr. President:-In obedience to the order of the House of Representatives, we have appeared before you; and in the name of the House of Representatives and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office. And we further inform the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same. Aud in their name we demand that the Senate take due order for the appearace of the said Andrew Johnson to answer to the said impeachment. The President pro tem.-The Senate will take order in the premises.

Mr. Stevens was then furnished with a chair, and sat in the spot whence he had addressed the Chair.

Mr. HOWARD (Mich.) addressed the Chair, but Mr. DAVIS insisted that he had the floor, having given way only for the reception of a message

from the House.

The Chair said the Senator certainly had the floor.

Mr. DAVIS said: "Mr. President, I was about to renew my remarks, when Mr. Howard asked whether this was not a question of privilege?" The Chair did not know that there was any rule about it.

Mr. DAVIS.-Mr. President, no question of privilege.

Mr. HOWARD.-I call the Senator to order, and claim that this is a privileged question.

The President pro tem.-There is a question of order raised, which the Chair will submit to the Senate for its decision.

Mr. DAVIS-I will just ask

The President pro tem.-The question of order must be settled before the Senator can proceed. Mr. JOHNSON-Mr. President, I should like to know what the question of order is:

The President pro tem.-The question is whether the Senator must give way to a privileged question.

Mr. HOWARD said the 'House of Representatives having sent a committee announcing that in due time they will present articles of impeachment against Andrew Johnson, President of the United States, and asking that the Senate take order in reference thereto, the message of the House had been received, and the subject-matter was now before the Senate, and his contemplated motion was the appointment of a select committee to whom it should be referred, and he thought that was a question of privilege.

Mr. DAVIS replied that he had given way in deference to the universal usage established by courtesy between the two Houses for the reception of a message from the House. When that message was delivered, he had a right to resume the floor, and the Senator could not take it from him to make a privileged motion, or any motion.

Mr. EDMUNDS thought the Senator from Kentucky was entitled to the floor, while he did not admit the propriety as a matter of taste, or the delicacy of his insisting upon it. (Laughter.)

Mr. DAVIS preferred to settle such questions for himself, without regard to the Senator's opinion or judgment. Had he been asked to yield the floor, he would not have hesitated for an instant, but when it was attempted to take the floor from him, he denied the right to it; and the Chair having decided in his favor, he would now complete his remarks. They were not long (Laughter.)

Mr. CONNESS hoped the Senator from Kentucky, always contentious, would yield his un doubted right on this occasion.

Mr. DAVIS said it must first be decided by the Senate whether he had the right or not, and then he would waive or not as seemed proper.

The Chair put the question, and the Senate voted to allow Mr. Davis to continue.

Mr. DAVIS, with much cheerfulness-I now yield the floor for the purpose indicated by the Senator from Michigan. (Laughter.)

Mr. HOWARD (Mich.) offered the following:

Resolved, That the message of the House of Repre sentatives relative to the impeachment of Andrew Johnson, President of the United States, be referred to a select committee of seven, to consider the same and report thereon.

Mr. BAYARD (Del.) had no objection to the resolution, but would call attention to the fact that this was a mere notice that the House of Representatives intended to impeach the President Impeachment could not be acted upon until ar ticles of impeachment were presented, and the Senate had no authority as a legislative body to act in relation to a question of impeachment, the Constitution requiring them to be organized into a court, with the Chief Justice President when the question of impeachment came before them Until that time they could entertain no motion in regard to the fact; that the court would be called upon to make its own orders, under the Constitution and laws.

Mr. HOWARD said the course pointed out by the Senator was not according to the precedent furnished by the case of Judge Peck, in the year 1830. In that case, according to the journals of the Senate, a message was brought from the House of Representatives by Mr. Buchanan and Mr. Henry Storrs, two of their members, and was in the following words :

"Mr. President:-We have been directed, in the name of the House of Representatives and of all the people of the United States, to impeach James H. Peck, Judge of the District Court of the United States for the District of Missouri, of high misdemeanors in office, and to acquaint the Senate that the Heuse will in due time exhibit particular articles of impeachment against him, and make good the same. We have also been directed to demand that the Senate take order for the appearance of the said James H. Peck to answer to said impeachment," and they withdrew.

The Senate proceeded to consider the last mentioned message, and, on motion of Mr. Tazewell, it was resolved that it be referred to a select committee, to consist of three members, to consider and report thereon. Ordered, that Mr, Tazewell, Mr. Webster and Mr. Bell be the committee."

That was a preliminary proceeding, and this case was precisely similar to it.

Mr. POMEROY (Kan.) said the mode of preli

say:

Mr. JOHNSON (Md.) had no doubt the mode proposed by the Senator from Michigan (Mr. How ard) was proper. He believed that in all preceding cases, a committee had been appointed to take into consideration the message received from the House, and to recommend such measures as were deemed advisable; and he knew no reason why that should not be done here. Perhaps, however, it would be more advisable to delay the resolution for a day, and let the matter be disposed of by the Senate.

Mr. CONKLING (N. Y.), referring to the case of the impeachment by the Senate of Judge Humphreys, of Tennessee, suggested that the words "to be appointed by the Chair," be included in

the resolution.

Mr. HOWARD accepted the amendment. The resolution was unanimously adopted.

EXECUTIVE MANSION, WASHINGTON, D. C., Feb. 21, 1868. Sir:-By virtue of the power and authority vested in me as President, by the Constitution and laws of the United States, you are hereby removed from the office of Se cretary for the Department of War, and your functions as such will terminate upon receipt of this communication. You will transfer to Brevet Major-General L. Thomas, Adjutant-General of the Army, who has this day been au thorized and empowered to act as Secretary of War ad in terim, all books, papers and other public property now in your custody and charge. Respectfully, yours, ANRREW JOHNSON.

To the Hon. E. M. Stanton, Secretary of War. Which order was unlawfully issued, and with intent then are there to violate the act entitled "An act re

gulating the tenure of certain civil offices," passed March 2, 1867, and contrary to the provisions of said act, and in violation thereof, and contrary to the pro visions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said E. M. Stanton from the office of Secretary for the Department of War, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high mis demeanor in office.

Article 2. That on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, said Andrew Johnson, President of the United States, unmindful of the high duties of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, without the advice and consent of the Senate, then and there being in session, and without authority of law, did appoint one L. Thomas to be Secretary of War ad inte rim, by issuing to said Lorenzo Thomas a letter of authority, in substance as follows, that is to say:

EXECUTIVE MANSION, WASHINGTON, D. C., Feb. 21, 1868.

Article 1. That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord, 1868, at Washington, in the District of Columbia, unmindful of the high duties of his oath of office and of the requirements of the Constitution, that he should take care that the laws be faithfully executed, did unlawfully, in violation of the Constitution and laws of the United States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary of the Department of War, said Edwin M. Stanton having been, therefor, duly appointed and commissioned by and with the advice and consent of the Senate of the United States as such Secretary; and said Andrew Johnson, President of the United States, on the 12th day of Adgust, in the year of our Lord 1867, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, on the 12th day of December, in the 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 the next meeting of the Senate, and said Senate thereafterwards, on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension, did refuse to concur in said suspension; whereby and by force of the provisions of an act entitled "an act regulating the tenure of civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and the said Edwin M. Stanton, by reason of the premises, on said 21st day of February, was lawfully entitled to hold said office of Secretary for the Department of War, which said order for the removal of said Edwin

removed from office as Secretory of the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office Mr. Stanton has been instructed to transfer to you all the records, books, papers and other public property now in his custody and charge. Respectfully yours, ANDREW JOHNSON. To Brevet Major-General Lorenzo Thomas, Adjutant General United States Army, Washington, D. C.

Whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high misdemanor in office.

Article 3. That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington in the District of Columbia, did commit, and was guilty of a high misdemeanor in office, in this:-That without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War, ad interim, without the advice and consent of the Senate, and in violation of the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment so made by Andrew Johnson of said Lorenzo Thomas is in substance as follows, that is to say:

EXECUTIVE MANSION. WASHINGTON, D. C., Feb. 21, 1868. -Sir:-The Hon. E. M. Stanton having been this day re moved from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully yours, ANDREW JOHNSON. To Brevet Major-General L. Thomas, Adjutant-General United States Army, Washington, D. C.

Article 4. That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of office, in violation of the Constitution and laws of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives un

The article was adopted. Yeas, 87; nays, 41-the only Republicans voting in the negative being Messrs. Ashley (Nev.), Coburn, Griswold, Laflin, Mallory, Marvin, Pomeroy, Smith, Wilson, (la.), Wilson (Ohio), Windom and Woodbridge. This article was made the tenth on the list, and is as follows:

Article 10. That said Andrew Johnson, President of the United States, unmindful of the high duties of his high office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the Government of the United States, designing and intending to set aside the rightful authorities and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt and reproach, the Congress of the United States, and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and the legislative power thereof, which all officers of the government ought inviolably to preserve and maintain, and to excite the odium and resentment of all good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly, and before divers assemblages of citizens of the United States, convened in divers parts thereof, to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did, on the eighteenth day of August, in the year of our Lord one thousand eight hundred and sixty-six, and on divers other days and times, as well before as afterwards, make and declare, with a loud voice, certain intemperate, inflammatory and scandalous harangues, and therein utter loud threats and bitter menaces, as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter of the multitudes then assembled in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that is to say:

THE SPECIFICATIONS.

"Specification First. In this, that at Washington, in the District of Columbia, in the Executive Mansion, to a committee of citizens who called upon the President of the United States, speaking of and concerning the Congress of the United States, heretofore, to wit:-On the 18th day of August, in the year of our Lord, 1866, in a loud voice, declare in substance and effect, among other things, that is to say:

We

So far as the Executive Department of the government is concerned, the effort has been made to restore the Union, to heal the breach, to pour oil into the wounds which were consequent upon the struggle, and, to speak in a common phrase, to prepare, as the learned and wise physician would, a plaster healing in character and co-extensive with the wound. thought and we think that we had partially succeeded, but as the work progresses, as reconstruction seemed to be taking place, and the country was becoming reunited, we found a disturbing and moving element opposing it. In alluding to that element it shall go no further than your Convention, and the distinguished gentleman who has delivered the report of the proceedings, I shall make no reference that I do not believe, and the time and the occasion justify. We have witnessed in one department of the government every endeavor to prevent the restoration of peace, harmony and union. We have seen hanging upon the verge of the government, as it were, a body called or which assumes to be the Congress of the United States, while in fact it is a Congress of only part of the States. We have seen this Congress pretend to be for the Union, when its every step and act tended to perpetuate disanion and make a disruption of States inevitable. We have seen Congress gradually encroach, step by step, upon constitutional rights, and violate day after day, and month after month, fundamental principles of the government. We have seen a Congress that seemed to forget that there was a limit to the sphere and scope of legislation. We have seen a Congress in a minority assume to exercise power which, if allowed to be consummated, would result in despotism or monarchy itself.'

"Specification Second. In this, that at Cleveland, in the State of Ohio, heretofore to wit:-On the third day of September, in the year of our Lord, 1866, before a public assemblage of citizens and others, said Andrew Johnson, President of the United States, speak

ing of and concerning the Congress of the United effect, among other things, that is to say: States, did, in a loud voice, declare in substance and

"I will tell you what I did do-I called upon your Congress that is trying to break up the government In conclusion, beside that Congress had taken much pains to poison the constituents against him, what has Congress done? Have they done anything to re store the union of the States? No. On the contrary, he stood now where he did when the Rebellion com they had done everything to prevent it; and because menced, he had been denounced as a traitor. Who had run greater risks or made greater sacrifices than himself? But Congress, factions and domineering, had undertaken to poison the minds of the American people.'

"Specification Third. In this case, that at St. Louis, in the State of Missouri, heretofore to wit:-On the 8th day of September, in the year of our Lord 1866, be fore a public assemblage of citizens and others, said speaking of acts concerning the Congress of the Andrew Johnson, President of the United States, United States, did, in a loud voice, declare in substance and effect, among other things, that is to

Bay:

"Go on; perhaps if you had a word or two on the subject of New Orleans you might understand more about it than you do, and if you will go back and as certain the cause of the riot at New Orleans, perhaps you will not be so prompt in calling out "New Orleans and trace it back to its souree and its Orleans." If you will take up the riot of New immediate cause, you will find out who was re sponsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the Radical Congress, you will find that the riot at New Orleans was substantially planned If you will take up the proceedings in their can cuses you will understand that they knew that a convention was to be called which was extinct by its powers having expired; that it was said that the intention was that a new government was to be organized, and on the organization of that government the intention was to enfranchise one portion of the popu lation, called the colored population, and who had been emancipated, and at the same time disfran chise white men. When you design to talk about New Orleans you ought to understand what you are talking about. When you read the speeches that were made, and take up the facts on the Friday and Saturday be fore that convention sat, you will find that speeches were made incendiary in their character, exciting that portion of the population-the black population -to arm themselves and prepare for the shedding of blood. You will also find that convention did assemble in violation of law, and the intention of that con vention was to supersede the organized authorities in the State of Louisiana, which had been organized by the government of the United States, and every man engaged in that rebellion, in that convention, with the intention of superseding and upturning the civil government which had been recognized by the Govern ment of the United States. I say that he was a traitor to the Constitution of the United States, and hence you find that another rebellion was commenced, haying its origin in the Radical Congress. So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed, and every drop of blood that was shed is upon their skirts and they are responsible. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes and consequences that resulted from proceedings of that kind, perhaps, as I have been intro duced here and you have provoked questions of this kind, though it does not provoke me, I will tell you a few wholesome things that have been done by this Radical Congress in connection with New Orleans and the extension of the elective franchise. I know that I have been traduced and abused. I know it has come in advance of me here, as elsewhere, that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the govern ment; that I had exercised that power; that I had abandoned the party that elected me, and that I was a traitor, because I exercised the veto power in attempting, and did arrest for a time, that which was called a "Freedmen's Bureau" bill. Yes, that I was a traitor. And I have been traduced; I have been slane dered; I have been maligned; I have been called Judas Iscariot, and all that. Now, my countrymen, here to-night, it is very easy to indulge in epithets; it is easy to call a man a Judas, and cry out traiton