Argument, final-Continued.

order that as many of managers as desire be permitted to file, or address Senate orally, the conclusion
of oral argument to be by one manager-[By Mr. Trumbull.]

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

.......I-11
.III-372

that no senator shall speak more than once, nor to exceed thirty minutes, during deliberations on
final question; offered and rejected, (yeas 16, nays 34)
remarks by..

Bingham, John A., of Ohio, a manager, chairman.

motions by-

.II-218
.....II-7, 218
....I-4, 17

that upon fling replication the trial proceed forthwith; offered and denied, (yeas 25, nays 26). ....I-25
to amend Rule XXI, so as to allow such of managers and counsel as desire to be heard to speak on
final argument..

argument by-

on application of counsel for forty days to prepare answer.

for thirty days to prepare for trial

on motion to fix day for trial to proceed..

on right of managers to close debate on interlocutory questions...

on authority of Chief Justice to decide questions of evidence..

on motion in regard to rule limiting argument on final question....

on right of Counsel to renew examination of a witness recalled by court..

on admissibility-

of Adjutant General Thomas's declarations to Mr. Burleigh, February 21, 1868
to clerks of War Department...

of President's letter to General Grant, unaccompanied with enclosures.

of appointment of Edmund Cooper, to be Assistant Secretary of the Treasury

of President's declarations to Adjutant General Thomas, February 21.
prior to March 9

of question, Whether General Sherman gave President an opinion, &c
of President's message to Senate, February 24

final, on the case....

Blodgett, Foster. (See Testimony.)

Boutwell, George S., of Massachusetts, a manager..

argument by-

on application of counsel for thirty days to prepare for trial...

on authority of Chief Justice to decide questions of evidence

.I-450

I-20, 22
.1-69, 77, 78
..I-32,33
.I-77

..I-180, 181, 183
I-450, 534

-I-524, 525, 527

.I-202, 206
.I-2134
.I-244
I-262
..I-425
.....1-430
.I-498, 505, 506

.I-540, 541, 542, 543
.II-389, 447

1-4, 17

.I-78
.I-181, 184

I-274
.I-567

II-67, 84, 99
.I-367

.I-195

Brief of authorities upon the law of impeachable crimes and misdemeanors-[By Hon. William Law-
rence, M. C., of Ohio) .

.I-123. III-355

⚫ remarks on the competency of the President pro tempore to sit as a member of the court ......III-383, 383
order by-

I-11

that the conclusion of the oral argument be by one manager, as provided in Rule XXI; offered and
agreed to..

II-12

prescribing form of final question; offered..

that the views of Chief Justice on the form of putting final question be entered on the journal;
offered and agreed to

.11-478
..II-480

on authority of Chief Justice to decide questions of evidence
on right of counsel to renew examination of a witness recalled by court
on admissibility-

1-87

..I-176, 177, 181, 184

.1-523

of Adjutant General Thomas's declarations to Mr. Burleigh, Feb. 21, 1868............ .I-187, 192, 193, 195 207
to cicrks of War Department

.1-212

of appointment of Edmund Cooper to be Assistant Secretary of Treasury ....I-259, 260, 263 264, 265

Butler, Benjamin F., of Massachusetts, argument by, on admissibility-Continued.

of telegrams relating to the reconstruction of Alabama
.I-270, 271, 273, 275, 276
of Chronicle's report of President's speech in reply to Hon. Reverdy Johnson......I-2286, 289, 297, 301
of Leader's report of President's speech at Cleveland..

of President's declarations to Adjutant General Thomas, Feb. 21..
prior to March 9, as to use of force.

.....I-322, 323, 324
.I-420, 421, 422
I-429, 430

of conversations between President and General Sherman, Jan. 14...I-462, 463, 465, 468, 469, 470 471

of question respecting Department of the Atlantic.

of tender of War Office to General Sherman..

of President's purpose to get the question before the courts..

472, 473, 475, 479
..I-481, 482

...I-482, 483, 484

I-485, 486

of question, Whether General Sherman formed and gave President an opinion, &c. ....I-500, 501, 564
of affidavit and warrant of arrest of Lorenzo Thomas

of President's message to Senate, Feb. 24

of extracts from records of Navy Department

of employment of counsel by President to get up test case
of President's declarations to Mr. Perrin, Feb. 21

to Secretary Welles..

.I-510, 511, 512, 513, 514
.I-538, 539, 540, 541, 542, 543
.I-561, 562, 563, 564, 565, 566
..I--597, 600, 604
...I-625, 627
..I-667, 671

of advice to President by Cabinet touching constitutionality of tenure-of-office act.....I-676, 677, 678
touching construction of tenure-of-office act

of cabinet consultations in regard to obtaining a judicial decision, &c......
of papers in Mr. Blodgett's case.....

remarks on application of counsel for adjournment

that all the managers and counsel be permitted to file arguments by eleven o'clock, April 23;
offered and rejected.....

II-12

order by-

that Senate hereafter hold night sessions from eight until eleven p. m.; offered

II-283

tabled, (yeas, 32; nays, 17)

..II-308

remarks by.

.I-184, 240, 266, 267, 370, 371, 632, 726. II-12, 268, 283, 469, 470, 473, 481, 482, 487, 491, 497

resolution denying authority of, to vote on any question during the trial-[By Mr. Sumner.]

I-185, 276

.....I-185

..I-186

order denying authority of, to give casting vote-{By Mr. Sumner.}

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

..I-187

order that the ruling of, upon all question of evidence, shall stand as the judgment of the Senate unless
a formal vote be asked, &c.—[By Mr. Henderson.]

offered

agreed to, (yeas, 31; nays, 19),

views of, on form of putting final question

.I-185
..I-126
.II-480

appeals from decisions of

opinion of Mr. Sumner on the question, Can the, presiding in the Senate, rule or vote?

..II-488. UI-394
III-281

Committee (in House) to communicate to Senate the action of the House directing an impeachment of
Andrew Johnson; ordered

I-508. II-479

.I-2

appear at bar of Senate

report to House...

I-3

(in Honse) to prepare articles of impeachment against Andrew Johnson; ordered..

1-2

appointed

I-3

report of

I-3, 6

(in Senate) to consider and report on the message of the House relating to the impeachment of Andrew
Johnson; ordered and appointed

..I-5

report of..

.I-5, 13

(in Senate) to request the attendance of the Chief Justice as presiding officer in the trial; ordered and
appointed

that Rule XXIII be amended by inserting "subject to operation of Rule VII."

offered and agreed to

that, unless otherwise ordered, trial proceed immediately after replication filed; offered
agreed to, (yeas, 40; nays, 10)..

that the Senate commence the trial 30th March instant; agreed to, (yeas, 28; nays, 24).
prescribing form of final question; offered...

that Senate proceed to vote on remaining articles; rejected, (yeas, 26; nays, 28).
remarks by..

questions by..

11-492

. 1—17. 18, 24, 31, 32, 33, 85, 179, 180, 208, 210, 236 246, 267, 277, 301, 324, 359, 370, 390, 450,
451, 452, 499, 497, 521, 537, 565, 673, 676, 6997 716
II-5, 6, 99, 188, 203, 280, 306, 322, 470, 471, 472, 474, 475, 476, 478, 488, 489, 492, 493, 494
.1—246, 504

.I-18

.I-31

I-33

...I-85

.II-478

Conness, John, a senator from California

..I-11

remarks on the competency of the President pro tempore to sit as a member of the court.......III—367, 395
orders by-

that Rule XXI be amended to allow as many of managers and counsel to speak on final argument
as choose, four days to each side, managers to open and close; offered and rejected, (yeas, 19;
nays, 27)
that hereafter Senate meet at eleven a. m.; offered.
adopted, (yeas, 29; nays, 14).

.I-535

.1-631
..I-633

that such of managers and counsel as choose have leave to file arguments before April 24; offered
and disagreed to, (yeas, 24; nays, 25)
prescribing form of final question; offered.

.11-5

11-478

remarks by.....I—36, 161, 185, 207, 246, 247, 268, 276, 298, 325, 367, 370, 371, 414, 462, 507, 514, 519, 532, 535, 589,
611, 612, 628, 631, 633, 666, 673, 679, 699, 706, 716

II-3, 4, 5, 6, 8, 10, 11, 83, 84, 413, 469, 470, 471, 472, 473, 474, 476, 478, 481, 483, 484, 488, 492, 493, 494, 498
question by
Conversations. (See Evidence; Testimony.)
Corbett, Henry W., a senator from Oregon

order by-

.1-727

.....I-11

that two of counsel have privilege of filing written or making an oral address, &c.; amendment
offered

of Adjutant General Thomas's declarations to Mr. Burleigh February 21, 1868

of President's letter to General Grant, unaccompanied with enclosures

of telegrams relating to the reconstruction of Alabaina.

..I-371

..I-99
...I-367,369
.I-377, 390, 397

.I-198, 199
..I-244
..I-270, 271, 272
.I-537,538

I-562, 563, 564, 565, 566, 567, 568

.I-602, 604

.1-669

of advice to President by cabinet touching constitutionality of tenure-of-office act...I-677, 678, 689, 692

D.

Davis, Garrett, a senator from Kentucky.

I-11

remarks on the competency of the President pro tempore to sit as a member of the court.......III-363, 366
order by-

that a court of impeachment cannot be legally formed while senators from certain States are
excluded: offered and rejected, (yeas, 2; nays, 49).

remarks on the competency of the President pro tempore to sit as a member of the court....III-388, 389,

(See Evidence.)

Documents.
Doolittle, James R., a senator from Wisconsin

390, 391, 392, 393, 394, 395, 396

.1-34

opinion on the case..

that on final argument managers and counsel shall alternate, two and two; managers to open and
close offered and indefinitely postponed, (yeas, 34; nays, 15).
remarks..

.I-536

..I-239, 276, 486, 489, 535, 436, 611, 632, 740, 741. II-9, 487, 492, 493

Drake, Charles D., a senator from Missouri

.III-244

remarks on the competency of the President pro tempore to sit as a member of the court......III-380, 389,

....I-11

orders by-

390, 393

that respondent file answer on or before 20th March: agreed to, (yoas, 28; nays, 20)..
reconsidered, (yeas, 27; nays, 23).

...I-35

agreed to..

that Chief Justice presiding has no privilege of ruling questions of law on the trial, but all such
questions should be submitted to Senate alone: offered and rejected, (yeas, 20; nays, 30).
that votes upon incidental questions shall be without a division, unless requested by one-fifth of
members present, or presiding officer: (amendment to Rule VII,) offered.

.1-35

I-186

.I-230

that any senator shall have permission to file his written opinion at the time of giving his vote:
offered..

.I-277

rejected, (yeas, 12; nays, 38).

adopted..

that the fifteen minutes allowed by Rule XXIII shall be for the whole deliberation on final question,
and not to final question on each article: offered.

II-476
..II-477

.II-474

remarks by

question by

II-478
.I-33, 82, 175, 176, 179, 186, 207, 208, 209, 230, 247, 255, 276, 277, 278, 280, 298, 325, 336, 426, 480,
485, 489, 490, 497, 50, 518, 519, 520, 529, 533, 535, 536, 545, 605, 634, 680, 693, 696
II-84, 188, 472, 474, 476, 477, 484, 487, 491, 497, 498

.I-533

E.

Edmunds, George F., a senator from Vermont..

orders by-

that answer be filed April 1, replication three days thereafter, and the matter stand for trial April 6,
1868: offered.

.I-17

.I-24

that when the doors shall be closed for deliberation upon final question, the official reporters shall
take down debates to be reported in proceedings: offered.....

not indefinitely postponed, (yeas 20, nays 27).

.II-141
.II-188

read

tabled, (yeas 28, nays 20)

.II-218,471
II-474

that the standing order of the Senate, that it will proceed at twelve o'clock noon to-morrow to vote
on the articles, be rescinded-May 11, 1868:] offered..
agreed to..

that the Senate now proceed to vote upon the articles, according to the rules of the Senate offered
May 16..

......II-482
......II-483

agreed to..

II-485
II-486

remarks by..

.I-24, 85, 86, 208, 211, 277, 336, 390, 451, 519, 534, 537, 566, 597, 680, 741

11-3, 10, 11, 12, 14, 141, 188, 218, 268, 471, 474, 475, 476, 479, 482, 483, 484, 485, 490, 493

that after replication filed, counsel be allowed reasonable time to prepare for trial: offered........I-63
for an adjournment in consequence of illness of Mr. Stanbery..

on authority of Chief Justice to decide questions of evidence..

on right of counsel to renew examination of a witness recalled by court...

on admissibility-

of Adjutant General Thomas's declarations to Mr. Burleigh, February 21, 1868.
to clerks of War Department...

of President's letter to General Grant, unaccompanied with enclosures

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

of telegrams relating to the reconstruction of Alabama..

of Chronicle's report of President's speech in reply to Hon. Reverdy Johnson..
of Leader's report of President's speech at Cleveland..

of President's declarations to Adjutant Genera! Thomas, February 21
prior to March 9...............

of President's conversations with General Sherman, January 14...

of tender of War Office to General Sherman.

of question Whether General Sherman gave President an opinion, &c

of affidavit and warrant of arrest of Lorenzo Thomas..

of President's message to Senate, February 24.

of extracts from records of Navy Department.

of employment of counsel by President to get up test case.

of President's declaration to Mr. Perrin....

to Secretary Welles.....

of advice to President by his cabinet touching constitutionality of tenure-of-office

touching construction of tenure-of-office act

of cabinet consultations in regard to obtaining a judicial decision, &c

of papers in Mr. Blodgett's case......

final, on the case

remarks announcing illness of Mr. Stanbery.

on order in regard to limiting argument on final question..

on application for adjournment..

I-522, 524, 526

.I-206, 207
......I-212
.I-244, 245
.I-258, 263, 264
.I-270, 271, 272, 273
.I-286, 288, 289
I-322, 323, 324
.I-424

.I-429, 430
...I-470, 475

.I-482, 484
.I-501, 504, 506
.1-510, 511, 514

.I-538, 539, 542, 543

.I-566, 568
.I-598, 603
.I-625, 626, 627
.I-668, 672, 673
act.......I-676, 678

.....I-694, 696
.I-699
-I—722, 723, 724, 725
.II-269, 284, 308, 336
..I-533, 590, 716
..I-497, 534. II-7,9
.I-628, 629, 631

Evidence, question, Whether objections to, should be decided by Chief Justice, or, in first instance, sub-

presiding officer may rule all questions of, which ruling shall stand as the judgment of the Senate,
unless a vote be asked, &c.; or he may, in first instance, submit such questions to Senate— [ By
Mr. Henderson]-offered; I-185: agreed to; (yeas 31, nays 19)..
admissibility of-

declarations of Adjutant General Thomas, February 21, as to the means by which he intended to
obtain possession of War Department: (objected to by Mr. Stanbery).............

declarations of Adjutant General Thomas to clerks of War Department, antecedent to his appoint
ment as Secretary of War ad interim, as to his intention when he came in command: (objected
to by Mr. Evarts)..

letter of President to General Grant, February 10, 1868, unaccompanied by other letters referred
to therein: (objected to by Mr. Stanbery)

...I-243

Mr. Evarts..

Manager Butler

objection not sustained: (yeas 20, nays 29).

......I-247

appointment of Edmund Cooper, private secretary of President, as Assistant Secretary of
Treasury: (objected to by Mr. Evarts)

discussed by-

I-258
I-258, 263, 264
.I-259, 260, 263, 264, 265

Mr. Stanbery

..I-260, 261, 262, 264

Manager Bingham.

I-262

not received; (yeas 22, nays 27).

telegrams between President and Lewis E. Parsons, January 17, 1867, in relation to constitutional
amendment and reconstruction of Alabama: (objected to by Mr. Stanbery)..

.I-268

.I-270

.I-270, 271,272, 273, 275, 276
..I-270, 271, 272, 273

.I-270
..I-270, 271,272
..I-274

Chronicle's report of President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson:
(objected to by Mr. Evarts)..

.I-276

..I-286

.I-286, 288, 289
.I-286, 289, 297, 301

..I-301

Leader's report of President's speech at Cleveland, September 3, 1866: (objected to by Mr. Evarts). I—322
discussed by-

Mr. Evarts..

Manager Butler...

admitted; (yeas 35, nays 11).

.I-322, 323, 324
..........1-322, 323, 34

Manager Butler

declarations of President to Adjutant General Thomas, February 21, 1868, after order for removal
of Mr. Stanton, to show an absence of purpose to use force; (objected to by Manager Butler..I-420
discussed by-

I-325

Mr. Stanbery..

Mr. Evarts..

I-424

declarations of President to Adjutant General Thomas prior to 9th March, in respect to use of force
to get possession of the War Office; (objected to by Manager Butler).

.I-429

.I-429,430
.I-429, 430

conversations between President and Lieutenant General Sherman, January 14, 1868, in regard to
removal of Mr. Stanton; (objected to by Manager Butler)

.I-430

.....I-430

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

Mr. Evarts..

.I-462, 463, 465, 468, 469, 470, 471, 472, 473, 475, 479

Manager Wilson.

not admitted, (yeas 23, nays 28).

.I-470,475
.I-478, 479

discussed by-

question in regard to creation of department of the Atlantic; (objected to by Manager Butler)....1-481

I-481

Manager Butler..

Mr. Stanbery..

not admitted

tender to General Sherman of appointment as Secretary of War ad interim; (objected to by Man-
ager Butler)..

.....I-481, 482
..I-481,482
1-482

question, Whether at the first offer of War Office to General Sherman anything further passed in
reference to the tender or acceptance of it; (objected to by Manager Butler)

.1-483

..I-484

Manager Butler

I-484

Mr. Evarts...

not admitted, (yeas 23, nays 29)

.I-484

discussed by-

President's declaration of purpose of getting Mr. Stanton's right to office before the courts; (objected
to by Manager Butler).

..I-485

.I-485

Manager Butler

President's declaration of purpose in tendering General Sherman the appointment of Secretary of
War ad interim; (objected to by Manager Bingham).

.I-485, 486
.I-485
......I-486
..I-487

I-488

..I-489