Mr. HOWE. Mr. President, the Senfrom Massachusetts has thought fit to animad vert upon the POTUS, I must confess in rather strong terms. I do not rise for the purpose of supporting that arraign memt or for the purpose of defending the president against it. Upon that subject I have only one or 2 remarks to make. The 1st is that what he said was either in order or it was out of order. If that question had been raised it would have been determined by the Chair, sub .no revision whatever except that of the Senate. That question was not raised, and there is but one question now to raise upon those remarks, and that is they were either just or unjust. Upon that question I suppose the senator is resible to his constituents and to the country. Upon that question the Senfrom Maryland and every other Senator has an undoubted right to be heard here or elsewhere. The Senfrom Maryland evidently thinks those remarks were unjust. He was quite at liberty, as I think, to assert and maintain that proposition; but it did strike me that the Senfrom Maryland, in his zeal, if I may so say, to defend the POTUS, has undertaken in advance to attack the character of the high court of impeachment, and he has done that in the face of his own reminder to us that it is barely possible, it is one of the events which the future has possibly in store for us, that the President himself may be ar raigned before this court of impeachment for trial. The Senator says that the President or any other party who may be arraigned before that count is entitled to a candid, to an impartial, to an unbiased tribunal; that every mind coming to the consideration of that trial should be as white paper on which no impressions are made whatever; and he argues that because of the opinions which the Senfrom Massachusetts has advanced here he would be open to challenge. Sir, if it should happen that the POTUS should be presented be. fore this court upon the address of the HoRep, I suppose the Senfrom Maryland, in common with the whole country, would desire that this court should hold that position in the public confidence which would entitle its verdict, when its verdict should be ronounced, to the respect of the country; and f therefore wish to remind the Senator and the Senate that this Senate is and must be the court to try that impeachment if it should come, for the Constitution expressly declares that the Senate shall have the sole power to try all impeachments; there can be no other tribunal than the Senate. And it is also to be remembered that the Senate is by the express command of the Constitution to be composed of 2 Senators from each State, and it is to be remembered that Massachusetts is a State, and it is to be remembered that the Senfrom that State who has just addressed the Senate is one of those Senators representing that State; so that whatever may be his opinions he must of necessity be a member of the court to try that impeachment. The Senfrom Maryland seems to think it of the utmost importance that each Senator should be unbiased. If it be so, I suppose he should not only not have any opinions unfriendly to the President but he should not have any friendly to him. The Senfrom Massachusetts has advanced the idea that the President has become an enemy to his country. The Senfrom Maryland says that that is a high crime, and if he be guilty of it he ought to be impeached, and upon that question the Senfrom Massachusetts ought not to act because he has already formed an opinion. Mr. President, I suppose there is no member of the Senate but what has an opinion on that question one way or another. I think it will be the judgment of the Senate, in view of the debate which has already been listened to, that the Senfrom Massachusetts does not seem to be any more firmly impressed with the idea that the President is the enemy of his country than the Senfrom Maryland seems possessed with the contrary opinion. It does not disqualify a Senfrom acting in this court that he i. an opinion on one side of the question unless it disqualifies a Senator who has an opinion on the other side. An opinion of one kind, it seems to me, disqualifies one as much as an opinion of the other kind. And I suppose there is, as I said before, no member of the Senate but has an opinion on that very question one way or the other. It may be that every one of these opinions is not so obstinate but that it can be controlled by testimony. That may be the case with the opinion advanced here by the Senfrom Maryland, and we have no authority for saying that it is not the case also with the opinion advanced by the Senfrom Massachusetts. But I suppose that not only to be the condition of the sentiment in this Senate touching the present POTUS, but I suppose we never, had a President who was not in communication with a Senate divided upon just that question, some thinking he was an enemy of the oand others thinking that he was not; and I respectfully submit, therefore, that the Senfrom Massachusetts will be competent to try an impeachment if it should be sent here against the President as I conceive the Senfrom Maryland would be competent, to try that question in spite of the opinions which he has pronounced here.