article the division suggested by the Senator from New York
(Mr. Conkling) may be more easily made. It contains a general allegation
to the effect that on the 18th of August and on other days the
President, with intent to set aside the rightful authority of Congress
and bring it into contempt, delivered certain scandalous harangues, and
therein uttered loud threats and bitter menaces against Congress and the
laws of the United States enacted by Congress, thereby bringing the
office of President into disgrace, to the great scandal of all good
citizens, and sets forth in three distinct specifications the harangues,
threats, and menaces complained of.
In respect to this article, if the Senate sees fit so to direct, the
question of guilty or not guilty of the facts charged may be taken in
respect to the several specifications, and then the question of guilty
or not guilty of a high misdemeanor, as charged in the article, can also
be taken.
The Chief Justice, however, sees no objection to putting the general
question on this article in the same manner as on the others; for,
whether particular questions be put on the specifications or not, the
answer to the final question must be determined by the judgment of the
Senate whether or not the facts alleged in the specifications have been
sufficiently proved, and whether, if sufficiently proved, they amount
to a high misdemeanor within the meaning of the Constitution.
On the whole, therefore, the Chief Justice thinks that the better
practice will be to put the general question on each article without
attempting to make any subdivision, and will pursue this course if no
objection is made. He will, however, be pleased to conform to such
directions as the Senate may see fit to give in this respect.
Whereupon it was
_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.
SATURDAY, MAY 16, 1868.
THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.
The Chief Justice stated that, in pursuance of the order of the Senate,
he would first proceed to take the judgment of the Senate on the
eleventh article. The roll of the Senate was called, with the following
result:
The Senators who voted "guilty" are Messrs. Anthony, Cameron, Cattell,
Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds,
Ferry, Frelinghuysen, Harlan, Howard, Howe, Morga
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