New-York tribune., 1868-03-06

take the OATH and added that duty TO do IL was clear
IN hs own mind hereafter the question Sf anS Ss
cded The Of Senator Stockton to which reference
had been made was case In point NotwitnS.anus ,s
toned his right be in the first instance IL was
only the up for decision that his night 70
INF sheman had ever doubted the correctness of that
decision The same question came up In his own case
House Of Representatives. He had taken his oath as
member Of the House and he had right, % II ne haa s
claimed that the State Of Ohio had right to be repre-
sSou deeds s himself whether he Would participate
In the trial and vote on questions arising IN Q9esnohs
moi Ssn IN The only
issue should should not the Senator from oho DO
MI BAYARD argued against the right Of Senator Wade
to take the OATH the object Of the Constitution Deng 20
to such deposition He Insisted that the character Of the
n senate 70 Ss stood Sa' in the %
as the Senator from 0Rie Ae Hsa!a q sns y0ra would
nq M feSsg Sa no Se smped nss to follow
Senators on the question whether tins is Senate or
guage Our powers this moment under the Const
tSon h Of t1s United states SS fe@ u Se
Senate They there in the Constitution Search ts
text and you will find them. The Constitution has not
we are s now to eaerese No matter for the name The
rose under any other name has all those quates WIN
time have Sas enteTed do into this discussion II had
not listened to objections on the other SIDE when
would be bold when we are discussing question Of such
gravity, but they founded, at least on reading OF
ators Distinguished by ability and learning inform that
the Constitution intended to prevent person VINO nign.
peschment for the trial Of President would ask the
learned Senator's who have thus announced w1ere tney
tion SAYS when the President Of the United states is
tried the Chief Justice shall preside The ConsuIuuon
supply the reasons they would to apply i az an
actual precedent for the Senate Where er 40 tney UNI
the reasoni They cannot find the reason they WOulo
now assign in any contemporary text illustrating the Con-
sttuon; they find in the text OF Madson OF IN
aDy OF the Of that tme can they nn IL In Tue
Federast When does that reason come on the scene
Others may be fortunate than but have not
Of William Rawle We all know the character OF TINS
wOrone Of great snd Sow d does he
speak OF III AS follows MI Sumner quoted from tne
the VicePresdent does not preside on the trial OF
the President is because be Is supposed 10 sue We
latter, and it would be inconsistent with the implied
parity Of judge He also quoted from Mr. Justice
thorty for his opinion Mr. Sumner then went on TO say
that Mr. Madison had expressed an opinion entirely IN
consistent with what the learned Senators had urged
they trusted the lights Of history they would nna that
this provision introduced into the Consttat9n m
contemplation OF the possibility OF suspension 0t tne
President during his trial. which case the vlce-Pres
dent OF would have other duties 10 perform %
debates Of the Virginia Constitutional Convention
OF September IA, 1851, In the course OF when
Jointly .oaid suspend the President from office where
Sasi ss TSsa he NO
tention the trainers Of the Constitution Ihe House
ment IN 1871. acted on Mr. Madson's Interpretation
the Constitution, and demanded that Senator Bloant
then mpeached should be seqaesered rOm m
was @ the traditional Language q the .nIsat,i6 BItsl
history, sufficient reason for the provision
that the ChetJustce shall preside r. upon s&s s1s sn.
other reason depart from the contemporary author
tiles and come down TO more recent commentaries
worthy of considerations but he insisted tnat Lne
authority OF bs e9 u Without going be-
hind 1t or extending IL. 1t was simply when the fLes
dent Of the United States tried the ChiefJusce sna
preside. Tney could not supply reason Wblcn
was not sustained by authentic cotemporaneons ms
tory in the face OF one supplied py tnsI ms,9ry
the case OF Mr. stockton. Mr. Sumner said that the
point which he maintained ana on wcn ne ne on his
There was no IN tas bia ~ he @ SSn
that Senator mpeached, or IN any way called IN ques
tioni Not all He repeated that there was no anal
hear II Constantly said that the Senator from Ohio
be under temptation; that he has something which II
As learned have thought proper TO bring th
into debate IL must be treated with respect
to %S s Of on
not sitting County Court for the trial OF case fo
@oS the Welfare Of this Republic dear
us all 1t question the one side OF the highest
the other we have brought before us the aug
gesto4 Of pecG1iary & 1nst was
Mr.. HOWE thought that the question would not be
WRITTEN ysfy snd ABIDE by It. II Written that the
should be composed Of two Senators from each state
was also written that Senate should have the power
10 try mpeachments III any objection dld exist 70 the
Senator from Ohio, the only person who had right to
raise the objection was not here and represented
Mr. DRAKE argued that II the objection had any legal
validity whatever 10 one which had to be passed
upon affrmativey negatively by some body, and he
upon by the presiding officer Of the senatei He hardly
thought So Was to be passed upon oy TINS eody & tse @
Senators unsworn. 1t might have been among the hrs
had to decided by the Senator'S not one OF whom had
Mr. THAYER discussed the question whether this was
words of the Constitution. "The Senate shall have
power to try impeachment" II this body was Court
the Senate when 1t met at IL o'clock and had not since
adjourned nor could 1t be said at what point
the question of interest to be raised In the case OF
raised against the Senator from Tennessee Patterson
closely allied with the President Besides
OF presiding officer, was also interested but
one degree less than the Senator from. Ohio
The Senator from Ohio could not be deprived OF vote
except by gross usurpatiol OF power.
Mr. HOWARD TO call the attention Of the Chair to
pending MOTION that other Senators be sworn In, was
not In order
The eCHIEFJUSTICE said that the Senator from Indl-
ana having objected the Senator from Ohio taking the
oath, there motion that the remaining names
be called omtting the OF the Senator from Ono
Mr. HOWARD said there rule requiring the
names be called in alphabetical order The remaining
names could be called He necessity for fur
ther discussion Of this motion He thought 1t merely
question of order Ii seemed 10 him 1t must be held
that the trial had commenced and that the Senate had
the sole power try impeachments and the Consttu
ton alsoprescrbed and the administration OF OATH It
~ IN inf
Mr. BUCKALEW asked whether the rules did not pro-
vide that the presiding officer shall submit all questions