The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-06

tdhG LEe O9tD.
Following which, the oath was then admin
lstered by Judge Nelson: -
40 soiemnly swear that in all things per-
tanning to the trial of the Impeachment of
AtnareW johnson, President OF the United
otates, I VIII do impartial Justice according
G ~ tns constitution aad laws, so help me
Inc Chief Justice then said: 'sThe oath will
now De administered to the Senators as thew
VIII be called by the Secretary in succession :"
Inc secretary called the roll, each Senator
en- above NV '''N 90 s'''-
-. Inc only Senators absent were Messrs. Doc
SSe.Ie; Edmunds of Vermont, Patterson and
When the name of Mr.. Wade was called
M. nr. nehdrlcks rose and put the question to
tne presiding officer, whether the Senator
from ONO, being the person who would suc-
ceed IN the Presidential office, was entitled to
SIT as Judge in the case
Mr.. Sherman argued that the Constitution
itself settled the question. I'D Ell
MI. howard argued that Mr.. Wade had the
rlght TO pc member of the court-eaeh State
! Was Was emitted to be represented by Senator.
Ine senate had already seen a Senator who
Mas leiateo 70 the PRESIDENT by marriage. take
!ne ohtii, and could see no difference between
interest on the ground of aft itv and Interest
III Wnleh the Senator from Ohio mightbe sup
| posed to have z.t T ~ gu"
Mr.. johnson assimilated the case to An or
Senafa J tbat proceeding, and reminded the
SENATE uhat 10 Judge would be allowed to sit
~ a case where he had direct t.interest r.
was uue TO the cause of impartial iustce that
sucn precedent should not be established. as
y woaid orlng the Senate into disrepute. He
moved to postpone the question until to-mor.
row, IN order that the presidents of The Eno-
nSn house OF Lords might be cousuIted
MI. Davis argued that the question was to
De decided on principle, and that principle was
t ~ De SI4 }9 IN the Constitution. 1t was
IaoughC the man who was to succeed the
PRESIDENT in case of his removal. should not
take part in the trial of the President If fine
9asr Oh Mr. Wade did hot come within the
le!te! OF the Constitution, it did come clearly
WITHIN its principle and meaning.
Mr. Morrill, of Maine argued that there was
70 party before the court to make ohiection
ana that it did not lie in the month of one
senator 20 raise an objection against q fellow
SSeiiatof. when the party appeared here then
now 7-r1' 10 ~ 't0 anu
Nr' Hendricks argued that it was inherent
~ court TO Judge of its own qualifications
ana ana that 1t was not for a Senator to present
gIle question. 1t was for the court itself to
aetermlne whether member claimine a seat
| In the court was entitled to it. Therefore the
| quesuon was now Immediately made.
MT; Williams never heard that one Juror
GouId challenge another or one Judge chal-
| lenge another Judge T9fal y
Mr.. Fessenden suggested that tho oAripis-
ira OF the oath be passed over at present.
| until all the other Senators are sworn He
explained that his intention was simply that
an senators should be sworn, SO as to be able
to act upon the question as dulv orconized
court. He cared nothing about + either one
| way or the other, and had no opinion TO eS-
press on the subject
MI. johnson urged the propriety of his mo.
eIon tnaC the question be postponed until to-
morrow. IL was question IN which the peo-
| pie of the United States were concerned and
| py no conduct of his or by no waive of his
rights could the court be organized in any 9th
er way than the Constitution provides
| MI. sherman declared the right of his COL
league to take the oath, and his duty to do it
was clear in his own mind. 49,
| MI payard argued against the right of Sem
ator wade to take his seat The character of
the body trying to impeach was that of court
and not that of Senate
After further debate, at halepast O'clock
Mr.. Grimes, presuming the Chief Justice was
tired, having sat since IL O'Clock, moved to adj
| journ. W ''N
Mr. Howard suggested as court they could
not ad]ohrn the Senate, and Mr.. Grimes moved
| o'clock F "'
The Chief Justice put the motion and de-
clared it carried and vacated the chair.
Inc PRESIDENT pro tenn having resumed the
| chair and called the Senate to order Mr.. An
thony tried 10 call up some pending business
put on motion of Mr. Chandler the Senate ad-
! journed. ....r5-..r ID ri \, -. ,~N
HOUSE ~.
There were NOT more than two dozen mem
| Ders In their seats and very few spectators in
| the galleries, the public interest in ConUres-
s!onal proceedings being now transferred to
| the Senate. Many members have procured
| ieave OF absence either to 90 home or take
part in the political canvass in New Hamp-
| SHIRE ard other States, under the impression
| That no legislative business will be done BIZ
| the House during the impeachment trial
Mr.. Lynch presented the resolutions of the
Maine House of Representative: in favor of
| impeachment
MI Elliot, by unanimous consent introduce
| ed bill providing that in case of the removal
of the Chief Justice of the Supreme Court OF
the united States from Office, or his death,
| resignation or inability to discharge tia power
and duties of his office, the same shall devolve
on the Associate Justice of such Court whose
commission is senior in time and that such
| Associate Justice shall be Chief Justice of
such Court until such inability shall be re.
moved, or another appointment duly made
and a Chief Justice duly qualified Referred
with leave to report at any time.
On motion of Mr. Morrill, the Committee on
Banking and Currency were instructed to in
quire into the expediency of amending the
general banking law SO that the State bank.
IN process OF liquidation may after faithful
payment OF all just demands, be relieved from
the necessity OF making monthly Statements
and from payment of tax on outstanding cir
| culation. . -
The House proceeded to considerations
the case OF K X. Butler, Representative cleo
from the LIST District of Tennessee.
Mr.. Chanler addressed the House. arguing
That Mr. Butler should have his seat
After Mr. CHAMBERS speech the managers o
Der. '''
Inc contested election case was resumed.
The House adopted the resolution of M,
PANE. recomnitting the report of the Com
mittee of Elections, with instructions.
Mr.. Dawes immediately reported back 4
proposition, and on his motion it's corsidera
tion was postponed until tomorrow after tn
morning hour. Adjourned
| Ia -l