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 their constituents against him. But what had Congress done? Have they done anything to restore the union of these States? No; on the contrary, they had done everything to prevent it; and because he stood now where he did when the rebellion commenced he had been denounced as a traitor. Who had run greater risks or made greater sacrifices than himself? But Congress, factious and domineering, had undertaken to poison the minds of the American people."

Specification Third.-In this, 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, before a public assemblage of citizens and others, said Andrew Johnson, President of the United States, speaking of and concerning the Congress of the United States, did, in a loud voice, declare in substance and effect, among other things, that is to say:

"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-if you will go back and ascertain the cause of the rioť at New Orleans, perhaps you will not be so prompt in calling out 'New Orleans.' If you will take up the riot at New Orleans and trace it back to its source or its immediate cause, you will find out who was responsible 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 caucuses you will understand that they there knew that a convention was to be called which was extinct by its power 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 population, called the colored population, who had just been emancipated, and at the same time disfranchise 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 before that convention sat, you will there 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 that convention did assemble in violation of law, and the intention of that convention was to supersede the reorganized authorities in the State government of Louisiana, which had been recognized 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 Government 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 having 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 for it. * 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 introduced 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 Government; 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 a bill that was called a 'Freedman's Bureau' bill; yes, that I was a traitor. And I have been traduced, I have been slandered, 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 traitor; but when he is called upon to give arguments and facts he is very often found wanting. Judas Iscariot-Judas, There was a Judas and he was one of the twelve apostles. Oh! yes, the twelve apostles had a Christ. The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? These are the men that stop and compare themselves with the Saviour; and everybody that differs with them in opinion, and to try and stay and arrest the diabolical and nefarious policy, is to be denounced as a Judas."

"Well, let me say to you, if you will stand by me in this action; if you will stand by me in trying to give the people a fair chance, soldiers and citizens, to participate in these offices, God being willing, Í will kick them out. I will kick them out just as fast as I can..

"Let me say to you, in concluding, that what I have said I intended to say. I was not provoked into this, and I care not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor overawed by my friends. But, God willing, with your help I will veto their measures whenever any of them come to me."

Which said utterances, declarations, threats, and harangues, highly censurable in any, are peculiarly indecent and unbecoming in the Chief Magistrate of the United States, by means whereof said Andrew Johnson has brought the high office of the President of the United States into contempt, ridicule, and disgrace, to the great scandal of all good citizens, whereby said Andrew Johnson, President of the United States, did commit, and was then and there guilty of, a high misdemeanor in office.

ARTICLE XI.

That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, and in disregard of the Constitution and laws of the United States, did heretofore, to wit: on the 18th day of August, 1866, at the sity of Washington, in the District of Co

lumbia, by public speech, declare and afirm in substance that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same; but, on the contrary, was a Congress of only part of the States, thereby denying and intending to deny that the legislation of said Congress was valid or obligatory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying and intending to deny the power of the said Thirty-Ninth Congress to propose amendments to the Constitution' of the United States; and, in pursuance of said declaration, the said Andrew Johnson, President of the United States, afterward, to wit: on the 21st day of February, 1868, at the city of Washington, in the District of Columbia, did unlawfully and in disregard of the requirements of the Constitution, that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, by unlawfully devising and contriving, and attempting to devise and contrive, means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of the office of Secretary for the Department of War, notwithstanding the refusal of the Senate to concur in the suspension therefore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War, and also by further unlawfully devising and contriving, and attempting to devise and contrive, means then and there to prevent the execution of an act entitled "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1868, and for other purposes." approved March 2, 1867, and also to prevent the execution of an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867; whereby the said Andrew Johnson, President of the United States, did then, to wit: on the 21st day of February, 1868, at the city of Washington, commit and was guilty of a high misdemeanor in office.

And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation or impeachment against the said Andrew Johnson, President of the United States, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, do demand that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.

The Senate, in its preparation for so momentous an event, adopted rules of procedure and practice for the guidance of the court; and to accord with the conviction of the Chief Justice that the court should adopt its own rules, they were pro forma again adopted when the court met. They are as follows:

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.

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, and nothing but the truth: so help you God." Which oath shall be administered by the 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. Witness and Presiding Officer of the Senate, at the city of Washington, this day of , in the year of our Lord and of the independence of the United States theForm of direction for the service of said subpœna: The Senate of the United States to -greeting:

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

of the United States the

day of, in and of the independence

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. Witness , and Presiding Officer of the said Senate, at the city of Washington, this day of in the year of our Lord -, and of the independence of the United States the Form of precept to be indorsed on said writ of sum

mons:

THE UNITED STATES OF AMERICA, 88: The Senate of the United States, to , greeting: You are hereby commanded to deliver to and leave with if conveniently to 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 day of in the year of our Lord and of the independence of the United States the 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 court was organized on Thursday, the 5th of March, the oath being administered to the Chief Justice of the United States by Associate Justice NELSON, and by the Chief Justice to the Senators present, except Mr. WADE, whose right to sit on the trial was challenged. On Friday, the 6th, at the close of the debate on the point suggested, the objection was withdrawn and the oath was administered. On Friday, the 13th of March, the trial commenced, a detailed report of which follows. The preliminary proceedings are given in an Appendix at the end of this volume.

FRIDAY, March 13, 1868.

The Chief Justice entered the Senate Chamber and took the chair.

The CHIEF JUSTICE, (to the Sergeant-atArms.) Make proclamation.

The SERGEANT-AT-ARMS. 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.

Mr. HOWARD. Mr. President, I move for the order, which is usual in such cases, notifying the House of Representatives that the Senate is thus organized.

The CHIEF JUSTICE. The Journal of the

Mr. GRIMESgs will first be read.

Chief Justice, there are several Senators to be sworn.

The CHIEF JUSTICE. The first business is to read the Journal of the last session of the court. The Senators will be sworn in afterwards.

The Secretary read the Journal of the proceedings of the Senate sitting for the trial of impeachment of Andrew Johnson, President of the United States, on Friday, March 6, 1868. Mr. CONKLING. I move that the reading of the articles of impeachment in extenso, which I understand are entered on the Journal, be dispensed with. I understand that the other House is ready to be announced.

The CHIEF JUSTICE. That suggestion will be considered as agreed to if no objection be made.

The Secretary continued and concluded the reading of the Journal.

Mr. HOWARD. If it be now in order, to save time I ask that the order which I sent to the Chair be passed by the Senate, informing the House of Representatives that the Senate is organized for the trial of the impeachment.

The CHIEF JUSTICE. The Secretary will read the order submitted by the Senator from Michigan.

The Secretary read as follows:

Ordered, That the Secretary inform the House of Representatives that the Senate is in its Chamber, and ready to proceed with the trial of Andrew Johnson, President of the United States, and that seats are provided for the accommodation of the members.

The order was agreed to.

The 'CHIEF JUSTICE. The Sergeant-atArms will introduce the managers.

The managers on the part of the House of Representatives appeared at the bar, were announced by the Sergeant-at-Arms, and conducted to the position assigned them.

Managers-Hon. JOHN A. BINGHAM, of Ohio; GEORGE S. BOUTWELL, of Massachusetts; JAMES F. WILSON, of Iowa; JOHN A. LOGAN, of Illinois; THOMAS WILLIAMS, of Pennsylvania; BENJAMIN F. BUTLER, of Massachusetts; THADDEUS STEVENS, of Pennsylvania.

Mr. GRIMES. Mr. Chief Justice, there are several Senators who have not yet been sworn as members of this court. I therefore move that the oath be administered to them.

The CHIEF JUSTICE. The Secretary will call the names of Senators who have not yet been sworn.

The Secretary called the names of Senators who were not previously sworn.

Messrs. EDMUNDS, PATTERSON of New Hampshire, and VICKERS, severally, as their names were called, advanced to the desk, and the prescribed oath was administered to them by the Chief Justice.

The CHIEF JUSTICE. The Secretary of

||

the Senate will read the return of the Sergeantat-Arms to the summons directed to be issued by the Senate.

The Chief Clerk read the following return appended to the writ of summons:

The foregoing writ of summons, addressed to Andrew Johnson, President of the United States, and the foregoing precept, addressed to me, were this day duly served on the said Andrew Johnson, President of the United States, by delivering to and leaving with him true and attested copies of the same at the Executive Mansion, the usual place of abode of the said Andrew Johnson, on Saturday, the 7th day of March instant, at seven o'clock in the afternoon of that day. GEORGE T. BROWN, Sergeant-at-Arms of the United States Senate. WASHINGTON, March 7, 1868.

The Chief Clerk administered to the Sergeant-at-Arms the following oath:

"I, George T. Brown, Sergeant-at-Arms of the Senate of the United States, do swear that the return made and subscribed by me upon the process issued on the 7th day of March, A. D. 1868, by the Senate of the United States against Andrew Johnson, President of the United States, is truly made, and that I have performed said service therein prescribed. So help me God."

The CHIEF JUSTICE. The Sergeant-atArms will call the accused.

The SERGEANT-AT-ARMS. Andrew Johnson, President of the United States, Andrew Johnson, President of the United States, appear and answer the articles of impeachment exhibited against you by the House of Representatives of the United States.

Mr. JOHNSON. I understand that the President has retained counsel, and that they are now in the President's room attached to this wing of the Capitol. They are not advised, I believe, of the court being organized. of that fact. I move that the Sergeant-at-Arms inform them

The CHIEF JUSTICE. If there be no objection the Sergeant-at-Arms will so inform

the counsel of the President.

The Sergeant-at-Arms presently returned with Hon. Henry Stanbery, of Kentucky; Hon. Benjamin R. Curtis, of Massachusetts; and Hon. Thomas A. R. Nelson, of Tennessee; who were conducted to the seats assigned the counsel of the President.

Mr. CONKLING. To correct a clerical error in the rules or a mistake of the types which has introduced a repugnance into the rules, I offer the following resolution by direction of the commitee which reported the rules:

Ordered, That the twenty-third rule, respecting proceedings on trial of impeachments, be amended by inserting after the word "debate" the words "subject, however, to the operation of rule seven.”

If thus amended the rule will read:

All 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, except when the doors shall be closed, &c.

The whole object is to commit to the presiding officer the option to submit a question without the call of the yeas and nays, unless they be demanded. That was the intention ori