Impeachment

Special Dispatch to The New York Times

Washington, Friday, March 13 - The supreme majesty of the law and the power of this republican Government was illustrated anew to-day by the fresh scenes and proceedings in the great trial of impeachment. The business-like, almost matter-of-fact manner in which the Congress of the United States proceeds with this grave work is the most striking illustration of the innate love and reverence for law and order that characterize the American people. The numerous intelligent representatives of foreign nations who looked upon the proceedings of to-day must have been again impressed with the feeling that a nation than can without the ruffling of a single temper, or the trembling of a single interest, calmly address itself to so great an event as the trial of its Chief Executive, must be well-entitled to the proudest position upon the face of the earth.

The proceedings to-day were characterized by deeper interest, increased importance and greater solemnity than usual. The preparations for the formal opening largely balanced the general effect of the scene, and it is well at the outset to say that the arrangements for admission were all successfully carried out by the Sergeant-at-Arms, and a very disagreeable matter made as agreeable as possible. The audience began to gather in the Senate galleries as soon as the cordon of Police received word to let ticket-holders pass, and by 12 o'clock the seats were comfortably filled. A glance around the Chamber revealed a highly select and intelligent assemblage, two-thirds ladies, among whom were many faces remembered as having graced the same scene on the 4th of March three years ago. The morning had broken with threatening clouds, and was not conducive, therefore, to a brilliant display of toilets, though there was no lack of richness in the quality of the milder-toned fabrics. The thousand tickets were probably represented by nine hundred persons, as there was ample room, and no occupation of aisles, blocking up of doorways, or jostling or crowding anywhere except to the warmly-contested reporters' gallery, where those who say least about their privileges are pretty certain to get the least. Nearly all the spectators were the families of those persons to whom the tickets were distributed, the Diplomatic Corps being as largely represented as in proportion as any other class. The floor of the Senate presented a scene as nearly the counterpart of that of the last inauguration as it well could be, without precisely the same material. Chairs had been placed for the House of Representatives. In the rear or the Senators and on the right of the Chief Justice was a table for the counsel for the defense, and on the left another for the Managers of the prosecution.

At 1:10 o'clock the Managers on the part of the House appeared and were duly announced. The Senators who had not yet been sworn, viz.; Edmunds of Vermont, Patterson of New Hampshire, and Vickers, of Maryland, then advanced to the bar and were sworn to by the Chief Justice. The return of the Sergeant-at-Arms to the summons, as sworn to by that officer, was then read, and the Chief Justice then ordered him to call upon the accused to appear and answer. In a loud voice, and amid the stillness of the whole chamber, he called three times, "Andrew Johnson, Andrew Johnson, Andrew Johnson!" There were hundreds among that intelligent audience, who bent forward and eagerly strained their eyes, expecting the President to appear in response to that stentorian behest. But instead of the President, who should come in at the precise moment of the last call, like his very evil genius, but Benjamin F. Butler, all alone, stopping in a half-startled way at the first tier of seats, and looking up at the presiding officer as if to say "Here I am." There was a singularity about this coincidence, which was marked by a titter around the whole hall. The President's room, in the rear or the Senate Chamber, had been assigned for the use of his counsel, and the door in the rear corridor of the Senate lobby soon opened, and Ex-Attorney-General Stanbery, Judge B. R. Curtis, of Boston, and Hon. Thomas A. R. Nelson, of Tennessee, then appeared and took their seats. The members of the House of Representatives which had resolved itself into a Committee of the Whole, having been notified that the Senate was in session as a court, then appeared headed by Mr. E. R. Washburne, Chairman of the Committee, escorted by the Clerk, McPherson, and Mr. Doorkeeper Lippincott, and followed by the Speaker, arm in arm with Mr. Schenck of the Ways and Means Committee, and then by the other members more or less in order of seniority, position or service in the House.

As soon as the presence of the House was officially announced, the Chief Justice declared it to be in order of the counsel for the defense to put in their answer to the articles of Impeachment. Mr. Stanbery at once rose, and it that characteristic bland, gentle, dignified manner of his, said he and his brothers, Nelson and Curtis, appeared in behalf of the President, and then read an authorization to that effect from the latter, which named also Messrs. Wm. Evarts and J. L. Black as counsel for the President. It is understood that Mr. Evarts signified his willingness to act at a late hour, and was unable to be present to-day. Judge Black also was not present.

Mr. Stanbery closed the reading of the authorization by submitting a motion that the President be allowed forty days time in which to file his answer to the articles of impeachment, and made a brief statement in support of the motion. Judge Bingham replied to this application that under the eighth rule of the Court no prayer of the kind could be granted, and continued at some length to with the vigor and force which always marks his arguments, to sustain this position. Judge Curtis, who is a man of good presence and pleasant address, said in response, that if the position assumed by Mr. Bingham was correct the rule had strangely misled the defense, and that it was contrary to custom in all other cases to compel an accused person to open his case when he pleads to the indictments. Mr. Wilson, in behalf of the Managers supported Mr. Bingham, and then Mr. Stanbery closed the argument, which lasted less than an hour, by an earnest appeal against haste in so grave a trial; and begged that the impartiality and dignity of the proceeding might not be impaired. The President stated the limitation of debate under the 20th rule, but there being no desire to extend it, Mr. Edmunds submitted an order fixing the trial for the 6th of April, whereupon Mr.. Morton of Indiana, moved that the Senate retire for deliberation, to which Mr. Sumner asserted, in his deep-voiced oracular manner, "That's the proper order," whereupon it was carried, and the Senators left their seats to consult in the reception-room. This was just 2 o'clock.

The Senate Chamber at once assumed the appearance of recess. Just before the gavel fell members of the House gathered in knots, and discussed the question just argued; the galleries had began their buzz of chatter and gossip; the reporters bulletined the situation, and put fresh points on their pencils; and some of the spectators, fatigued by the hours of waiting and one hour of listening, promenaded the corridors arm in arm, as though it were a fashionable reception. Some of the Senators, well knowing that the stifled propensities for debate would have free sway for ten minutes each, took the precaution to visit the restaurant before entering upon their deliberations.

What occurred in two hours or more of consultation is of course a secret, but I guarantee some will tell you more of that than they will of what was seen and heard with veritable eyes and ears. Report says of the "caucus," for that is what it was called by some inconsiderate person, was rather warm; that Mr. Sumner attempted to "dragoon" his brothers into denying the application in toto ; that several of the Senators wouldn't be dragooned by him nor bullied by what he was pleased to term public sentiment; that they exercised deliberate judgments, and that various propositions, varying from a grant of forty days down to a grant of no time at all, were dismissed. The tendency, however, was largely in favor of about ten to fifteen days, and before the Senate was ready to appear, the keen instincts of vigilant reporters had flashed it over the wires that ten days had been settled upon.

At 4:10 o'clock the disorder of the floor and galleries was hushed; the Senators took their seats, and the Chief Justice, in his calm and polished manner, and in his blandest Supreme Court tones, announced that the motion was overruled, and that the respondent be ordered to file his answer on or before the 23d inst. "Jake Howard has carried his point," says some one. However, it is not too certain that it is more than a half a point, for here Bingham made a request that the Court order the trial to begin immediately upon the filing of the replication of the Managers to the answer of the respondent. "The question shall the order be made" was put by the chair, the yeas and nays were called, and to the consternation of the advocates of impeachment it was lost by one vote, yeas 25, nays 26. Fifteen Republicans voting with eleven Democrats against it.

Mr. Sherman than moved the adoption of an order to fix April 6 for the day of trial. Mr. Wilson moved to amend by making it the 30th of March. Mr. Conkling came in with a lawyer-like, and practical substitute, that the trial shall begin on the filing of the replication, unless for cause shown the Senate shall otherwise order. Mr. Wilson withdraws his amendment, and permits Mr. Conkling's to come down pat on Mr. Sherman's original motion.

Thus far, Mr. Butler has not had anything to say. He now speaks. He makes a strong appeal against any delay; sets forth, as only he can, in that sharp, malicious, ugly way of his, chewing his under lip into mice-meat as he utters it, the fact that the country sends a speedy settlement of the question, and makes a forcible and vindictive argument, the bad taste of which is heightened by the calm, polished, but not very brilliant or argumentative reply of Mr. Nelson for the defense. Mr. Bingham then simply said that the order asked for by Mr. Conkling was entirely satisfactory to the Managers. Reverdy Johnson arose and naturally gravitated toward a speech, when Conkling, with admirable spirit, and in a manner which drew the heartiest commendation from every spectator, called him to order, and said that reluctant as he was, he must insist on the observance of the rule. Mr. Johnson drops into his seat like a bolt of iron, and he and Conkling exchanged explanations sotto voce , while the Chief Justice ordered the Clerk to call the roll on the amendment. The list was now scanned with intense interest; many expected to see a repetition of the former vote, for the question was substantially the same; but the shrewd observer saw that Conkling had relieved the Senate from embarrassment by giving them a business-like impartial and practical proposition which they adopted by a party division, 40 yeas to 10 nays. It did not change the aspect of the case at all.

The Court has now ordered the trial to proceed on the 23d, or as soon as the replication of the Managers is filed, unless the respondent can then show sufficient cause to warrant a further postponement, which will then be considered by the Court and decided according to the exigencies. All the progress was made to-day that was expected by any one - more than the prosecution hoped for; and the action of the Senate can be taken as settling one important fact, namely: that while there is every disposition to grant the President every privilege and all the time consistent with a full and impartial trial, there is a determination to permit no delays not absolutely necessary to the ends of justice.

At 5:15 P. M. the Court adjourned to the 23d inst., and the House retired to its own Chamber. The Chairman of the Committee of the Whole made his report; a session for debate was ordered for to-morrow; an adjournment was carried, and the crowd streamed out of the Capitol into the sunlight and wended its way dinnerward.