The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-21
The xmpeachment Case at Albany.
THE MOTION TO STRIKE OUT THE FIRsr yIvs Ar~y
OLEs REJScTKD ny THE C0URT-PKosPE0r or A
PROTRACTzD SESSION.

PROT1ACTED SESSION.
sR1clAL CoRRzsroHDKScs or I'M NEW YoRK H.zAIn
ALBANY, Aug. l9, 1863.
Tho Court Of Impeachment remained In secret
session, deliberating upon the motion made BY Mr..
Mathers counsel to strike out the Eve frst articles
all the day yesterday and down to the recess at half
past one O'Clock to-day. The discussion took wide
rapee, and was participated in BY Judges Ruggles,
DEMO, Johnsen, Willard, Taggsrt, Morse, and BY
President Church, Senators Baboock, Taber, Van.
derbilt, Bristol, Conger, Pierce, and Others. The
question submitted was very interesting one as It
related to the canal loan of 1851 declared unconst
tutional; and from the many able, learned and dis
tnguished gentlemen whose views were freely OK
pressed it Is extremely to be regretted that the rules
OF the Court required secret consultation and neces
sary excluded the taking reports Of their speeches
report Of them would have been very acceptable
to the people, who have been kept in state Of OK.
element and agitation on the subject of the canal
enlargement during series OF years. It Is pity,
therefore, that the arguments could not have been
procured for present reflection and future reference
Mr. Vanderbilt, upon the opening Of the doors,
moved that the question be taken. This was not
assented to. He then moved that the Court adjourn
until tomorrow morning. Mr.. Wright moved to ad-
lost, and the Court took recess until O'Clock P. NJ
Upon assembling after dinner, the President stated
that the Court had agreed to take the question in the
following FORM
Resolvsd That the pending motion be passed upon By
taking this opinion OF the Court upon the foowir ques
ton - to each Of the Hrs fvo articles Of msnt
under the Ave articles upon the ground presented BY
oounsels
the foregoing question shall pass in the negative as
to Of said articles thon to each Of those articles
the following question shall be put
SHAH the iespoDdsnt be at liberty to
object to the fret ve articles insufficient By reason Of
in6e6oiteness snd uncertainty in their alogatonsS
Mr.. Brady remarked that the question decided by
the Court TO be put did not precisely the ground
strike out. or rather quash, the five articles.
The vote was then taken upon each of the articles
as above specified, and decided In the negative as
follows:-Ayes-Messrs Bennett Bristol, Cooley,
ers,) Huntington, Morse, Tsber, Wright, (whigs)-
Is. Noes-Messrs Bartlett, Conger, Cornell. Daven.
port, Jthnson, Jones, Pierce, President, Ruggles,
(burnersO Beekman, Clark McElwain, Newcomb,
Monroe, Taggart, Van Schoonhoven, Ward, (whigs)
III.
The first interogatory was declared lost, which is
tantamount to refusal to strike out. The second
interrogatory was then put and decided In tho afr
native, which permits Mathers counsel to object to
any specification in either Of the articles.
The President then stated that the court was pre-
pared to proceed in the case. Mr.. Brady intimated
that beintended to submit further motions but should
lot do so this day. .
Mr.. Loomis then rose and opened the case on the
part Of the managers, detailing many facts and &C.
veral acts perpetrnted and duties omitted by Mr..
Mather as Canal COmmssiop6r. He 0ccup ed the
time until the hour of adjournment. II no further
impediment be iDterposed, the taking of testimony
may possibly be commenced In the morning or on
Monday The probability now is that the trial will be
somewhat pioracted, likely to extend through the
month of September.
On Monday tha court viii occupy the Assembly
ctsinDer ~ EnOfdlBg ample room for the court, Wit
ncsses and spectators.