Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, and Vickers-19. The CHIEF JUSTICE. The Secretary will now read the first article. Mr. WILLIAMS. Mr. Chief Justice, I move that the Senate take a recess for fifteen minutes. The motion was not agreed to. The CHIEF JUSTICE, (to the chief clerk.) Read the first article. Mr. WILLIAMS. Mr. President, I move that the Senate, sitting as a court of impeachment, adjourn until the 26th day of this month, at 12 o'clock. The CHIEF JUSTICE. The senator from Oregon moves that the Senate sitting as a court of impeachment adjourn-until what day? Mr. WILLIAMS. Tuesday, the 26th instant, at 12 o'clock. Mr. JOHNSON. Mr. Chief Justice The CHIEF JUSTICE. No debate is in order. Mr. JOHNSON. I only ask if it is in order to adjourn the Senate when it is pronouncing judgment? It has already decided upon one of the articles. The CHIEF JUSTICE. The precedents seem to be, except in one case, and that is the case of Humphreys, that the announcement be not made by the presiding officer until after the vote had been taken on all the articles. The Chair will, however, take the direction of the Senate. If they desire the announcement of the vote which has been taken to be now made, he will make it. Mr. SHERMAN. That announcement had better be made. The should be read over first, however. yeas and nays Mr. JOHNSON. There may be some mistake in the count. The CHIEF JUSTICE. The Secretary will read the list, if there be no objection. Mr. DRAKE. I rise to a question of order, that a motion to adjourn is pending, and that that motion takes precedence of all other things. Mr. HENDRICKS. I suggest, sir, as a modification well known of that rule, that a motion to adjourn cannot be made pending the taking of a vote. The vote is not completed until it is announced. It is not in order pending the call of the roll, and that is not completed until the result is announced. The CHIEF JUSTICE. The Chair stated that if such was the desire of the Senate the vote would be announced, and no objection was heard to that course. Mr. DOOLITTLE. On the question of order, I submit that a motion to adjourn to some other day is not a privileged motion. Mr. JOHNSON. I move, Mr. Chief Justice, that the vote be announced. That is in order certainly. The CHIEF JUSTICE. If there be no objection, the vote on the eleventh article will be announced. The chief clerk read the list of those voting "Guilty" and "Not guilty," respectively, as follows: GUILTY-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill or Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, and Yates-35. NOT GUILTY-Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, and Vickers-19. The CHIEF JUSTICE. Upon this article 35 senators vote "Guilty," and 19 senators vote "Not guilty." Two-thirds not having pronounced guilty, the President is, therefore, acquitted upon this article. Mr. CAMERON. Now, Mr. President, I renew the motion that the Senate adjourn until Tuesday, the 26th instant. The CHIEF JUSTICE. That is the pending motion. Mr. HENDRICKS. I ask what is the motion? The CHIEF JUSTICE. The motion is that the Senate, sitting as a court of impeachment, adjourn to meet at twelve o'clock on Tuesday, the 26th instant. Mr. HENDRICKS. Then, Mr. President, I submit, as a question of order, that the Senate is now executing an order already made, which is in the nature and has the effect of the previous question, and therefore a motion to adjourn otherwise than simply to adjourn at once is not in order. The CHIEF JUSTICE. A motion that when the Senate adjourns it adjourn to meet at a certain day could not now be entertained, because the Senate is in process of executing an order. A motion to adjourn to a certain day seems to the Chair to come under the same rule. He will, therefore, decide the motion not to be in order. Mr. CONNESS. Mr. President, from that decision of the Chair I appeal. The CHIEF JUSTICE. The Chief Justice decides that a motion to adjourn to a day certain is within the principle of a motion that when the Senate adjourns it adjourn to meet upon a certain day, and that this motion is not in order pending the execution of the order already made by the Senate. That the Senate may understand the ground of the decision he will direct the Clerk to read the order under which the Senate is now acting. The chief clerk read as follows: Ordered, That the Senate now proceed to vote upon the articles, according to the rules of the Senate. Mr. CONKLING. I rise for information from the Chair. Is the order just read by the Secretary the order adopted this morning on the motion of the senator from Vermont, [Mr. Edmunds?] The CHIEF JUSTICE. It is. From the ruling of the Chief Justice an appeal is taken to the Senate. Senators, you who agree to sustain the ruling of the Chair will say ay; those of the contrary opinion will say no. Mr. CONNESS. Upon that question I call for the yeas and nays The yeas and nays were ordered; and being taken, resulted—yeas, 24; nays, 30; as follows: YEAS-Messrs. Anthony, Bayard, Buckalew, Conkling, Davis, Dixon, Doolittle, Ferry, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery. Morgan, Norton, Patterson of Tennessee, Saulsbury, Sherman, Trumbull, Van Winkle, Vickers, and Willey— 24. NAYS-Messrs. Cameron, Cattell, Chandler, Cole, Conness, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Howard, Howe, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Williams, Wilson, and Yates-30. The CHIEF JUSTICE. The decision of the Chair is not sustained, and the motion of the senator from Oregon is in order. Mr. HENDERSON. The motion, I believe, is to adjourn the court until the 26th instant. I move to strike out the date and insert "Wednesday, the 1st day of July next.” The CHIEF JUSTICE. The question is on the amendment of the senator from Missouri. Mr. TRUMBULL called for the yeas and nays, and they were ordered. The CHIEF JUSTICE. Senators, you who agree that "Tuesday, the 26th instant," shall be stricken out, and the words "Wednesday, the 1st of July," be inserted, will, as your names are called, answer yea; those of the contrary opinion nay. The yeas and nays being taken, resulted-yeas, 20; nays, 34; as follows: YEAS-Messrs. Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers, and Willey-20. NAYS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Williams, Wilson, and Yates-34. So the amendment was rejected. The CHIEF JUSTICE. The question recurs on the motion submitted by the senator from Oregon, that the Senate sitting as a court of impeachment adjourn until Tuesday, the 26th instant. Mr. MCCREERY. Is an amendment in order? The CHIEF JUSTICE. It is. Mr. MCCREERY. I move to amend by providing that when the Senate sitting as a court of impeachment adjourns to-day, it adjourn without day. The senator from Kentucky moves to strike out the words, "Tuesday, the 26th instant," and insert" without day." Mr. MCCREERY. I call for the yeas and nays on that amendment. The yeas and nays were ordered; and being taken, resulted-yeas, 6; nays, 47; as follows: YEAS-Messrs. Bayard, Davis, Dixon, Doolittle, McCreery, and Vickers-6. NAYS-Messrs. Anthony, Buckalew, Cameron. Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Harlan, Henderson, Hendricks, Howard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Saulsbury, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, and Yates—47. NOT VOTING-Mr. Grimes-1. So the amendment was rejected. Mr. BUCKALEW. Mr. President, I move to strike out the date named and insert "Monday next." The CHIEF JUSTICE. The question is on the amendment of the senator from Pennsylvania. The amendment was rejected. The CHIEF JUSTICE. The question recurs on the motion of the senator from Oregon. Mr. HENDRICKS. On that I ask for the yeas and nays. The yeas and nays were ordered. The CHIEF JUSTICE. The question is on the motion of the senator from Oregon for an adjournment of the Senate sitting as a court of impeachment until Tuesday, the 26th instant. Mr. CONKLING. What is the motion-that when the Senate adjourns to-day it adjourn to that time, or that it now adjourn until that time? The CHIEF JUSTICE. That the Senate sitting as a court of impeachment do now adjourn until Tuesday, the 26th instant. The question being taken by yeas and nays, resulted-yeas, 32; nays, 21; as follows: YEAS-Messrs. Anthony, Cameron, Cattell, Chandler, Cole, Conness, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Howard, Howe, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsey, Ross, Sprague, Stewart, Sumner, Thayer, Tipton, Van Winkle, Wade, Williams, Wilson, and Yates-32. NAYS-Messrs. Bayard, Buckalew, Conkling, Davis, Dixon, Doolittle, Ferry, Fessenden, Fowler, Henderson, Hendricks, Johnson, McCreery, Morgan, Norton, Patterson of Tennessee, Saulsbury, Sherman, Trumbull, Vickers, and Willey-21. NOT VOTING-Mr. Grimes-1. The CHIEF JUSTICE. On this question the yeas are 32, and the nays are 21. So the Senate siting as a court of impeachment stands adjourned until Tuesday, the 26th instant, at 12 o'clock. TUESDAY, May 26, 1868. The Chief Justice of the United States took the chair at 12 o'clock m. The usual proclamation was made by the Sergeant-at arms. Messrs. Stanbery, Evarts, and Nelson, of counsel for the respondent, appeared in their seats. Mr. WILLIAMS. I offer the following order. The CHIEF JUSTICE. The Secretary will read the order. The chief clerk read as follows: Resolved, That the resolution heretofore adopted as to the order of reading and voting upon the articles of impeachment be rescinded. Mr. SUMNER. Mr. President Mr. JOHNSON. Is that debatable? The CHIEF JUSTICE. It is not debatable. Mr. SUMNER. I do not wish to debate; but I would like to have it amended so that it may operate from this day. For instance, leave to file opinions goes on for two days from the vote. The CHIEF JUSTICE. The senator from Massachusetts can move an amendment, but it is not debatable. The question is on the adoption of the resolution. Mr. SUMNER. I should like to have it read again, for I may have misunder stood it. The chief clerk read as follows: Resolved, That the resolution heretofore adopted as to the order of reading and voting upon the articles of impeachment be rescinded. Mr. SUMNER. That is a different order from what I supposed. Mr. JOHNSON. Mr. Chief Justice, I do not rise to debate it, but merely to ask the mover what will be the effect of the adoption of that order? The CHIEF JUSTICE. Explanation implies debate. It is not in order. Mr. TRUMBULL. Mr. President, I should like to hear the resolution read which is to be rescinded. The CHIEF JUSTICE. The Secretary will read the order heretofore adopted by the Senate. Mr. POMEROY. I think the proceedings of the last day should be read first; then we shall know what the order is that is to be rescinded, and we can proceed to vote intelligently. I move that we have the proceedings read. The CHIEF JUSTICE. The Chief Justice thinks the first business in order is to notify the House of Representatives that the Senate is ready to receive them at its bar. After that has been done the course has been to read the journal of the proceedings, and then the regular business of the Senate will be in order. No objection having been made to entertaining the order proposed by the senator from Oregon, the Chief Justice submitted it to the Senate. Mr. JOHNSON. I object. Mr. EDMUNDS. I move that the House of Representatives be notified that the Senate is ready to receive them. The motion was agreed to. The CHIEF JUSTICE. The Sergeant-at-arms will notify the House of Representatives. The Sergeant-at-arms presently appeared at the bar and announced the managers of impeachment on the part of the House of Representatives. The CHIEF JUSTICE. The managers will take their seats within the bar. The members of the House of Representatives, as in Committee of the Whole, preceded by Mr. E. B. Washburne, chairman of that committee, and accompanied by the Speaker and Clerk, next appeared and were conducted to the seats provided for them. The CHIEF JUSTICE. The Secretary will read the journal of the last day's proceedings. The chief clerk read the journal of the proceedings of the Senate, sitting, for the trial of the impeachment, of Saturday, the 16th instant. Mr. JOHNSON. Mr. Chief Justice, there is an omission, I think, in the journal. It is not stated that Mr. Stanbery, who is one of the counsel for the President, was present on the occasion of the proceedings just read. I move that the omission be supplied. We know he was present. The CHIEF JUSTICE. That statement is made in the journal as it stands. There was an omission in the reading. The Secretary will now read the order submitted by the senator from Oregon. The chief clerk read Mr. Williams's resolution, as follows: Resolved, That the resolution heretofore adopted as to the order of reading and voting upon the articles of impeachment be rescinded. Mr. BUCKALEW. Mr. President, if it requires unanimous consent to change the rule in the manner proposed, I object. The CHIEF JUSTICE. The Chief Justice is under the impression that it changes the rule, and he will state the case to the Senate, in order that the Senate may correct him if he is wrong. The twenty-second rule of the Senate provides that On the final question, whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately. That necessarily implies that they be taken in their order unless it is otherwise prescribed by the Senate. Subsequently the framing of a question to be addressed to the senators was left to the Chief Justice, and he stated the views which seemed to him proper to be observed. In the course of that statement he said that "he will direct the Secretary to read the articles successively, and after the reading of each article will put the question of guilty or not guilty to each senator, rising in his place, in the form used in the case of Judge Chase," and then stated the form. After the statement was made Mr. SUMNER submitted the following order, which was considered by unanimous consent, and agreed to: Ordered, That the question be put as proposed by the presiding officer of the Senate, and each senator shall rise in his place and answer guilty or not guilty, only. That was the order under which the Senate was acting until, on the 16th of May, the Senate adopted the following order moved by the senator from Oregon, [Mr. Williams :] Ordered, That the Chief Justice, in directing the Secretary to read the several articles of impeachment, shall direct him to read the eleventh article first, and the question shall then be taken on that article, and thereafter the other ten successively as they stand. This order changing the rule was in order on the 16th of May, having been moved some days before. Subsequently, after the House had been notified that the Senate was ready to receive them, the senator from Vermont [Mr. Edmunds] moved That the Senate do now proceed to vote upon the articles according to the order of the Senate just adopted. The Senate proceeded to vote upon the eleventh article, and after that adjourned until to-day. The present motion is to change the whole of these orders, for changing only the order adopted on the 16th will not reach the effect intended. It must change also the order adopted on the motion of the senator from Massachusetts, [Mr. Sumner,] and also, as the Chief Justice conceives, the rule. He is of opinion, therefore, that a single objection will take it over this day, but will submit the question directly to the Senate without undertaking to decide it, as it is a matter which relates especially to the present order of business. Senators, you who are of opinion that the motion of the senator from Oregon is now in order will say ay; contrary opinion, no. [Putting the question.] The noes appear to have it. Mr. DRAKE called for a division. Mr. HENDERSON called for the yeas and nays, and they were ordered; and being taken, resulted-yeas, 29; nays, 25; as follows: YEAS-Messrs. Cameron, Cattell, Chandler, Cole, Conkling, Conness, Cragin, Drake, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morton, Nye, Pomeroy, |