Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1868-04-04

lengthy, equal to two pages or more of
this paper. Of its ability a correspon-
dent of the Leader says.
The only matter which occupies general
attention tonight in Buffers speech. /.
is subject of universal conversation,
and its ability is admitted on all sides.
The Senate was filled, both on the floor
and in the galleries, to hear it, and the
attention given it by the Senators, and
in fact by all, is. almost unprecedented
The Presidents counsel, and especially
Mr.. Stanbery, seemed very uneasy under
much of it. The rapid succession of
keen thrusts made were recognized by the
whole House. The effect upon the mem
bers is better shown by the action of the
House on returning to its chamber, when,
by vote of so to 20, the rules were sus-
pended, and, on motion of Mr. Schenck,
900 copies ordered to be printed.
Tuesday the Senate proceeded with
the trial and the managers had taken
considerable testimony, when the Chief
justice ruled out certain questions, OBJ
jected to by Mr.. Stanbery.
The managers and portion of the
Senators were startled by this assump-
tion on the part of the Chief Justice and
Mr.. Drake, of Mo-, appealed from the
| decision
! The Chief Justice said it was bis duty
SO to rule. -.......-
Senator Drake remarked that there
was nothing to give the Chief Justice
that right.
Senator johnson called Senator Drake
to order, on the ground that he could
not debate the question.
The Chief Justice rose and said that
he, as Chief Justice of the United States,
was delegated by the constitution to pre-
side over the court of impeachment when
the President of the United States was
being tried, but when so presiding he
became president of the senate sitting as
a high court of impeachment When
point or evidence O. d form of law came
before the court in first instance, the
Chief Justice was the proper person to
decide it, and then the Senate OH its be-
ing submitted to them at the suggestion
of member. .sg
o. Mr.. Butler proceeded to quote from va
rious cases of impeachment to show that
the presiding officer of an impeachment
court had no right to decide questions Of
law or evidence. Mr.. Butter complained
that the managers of the House would
be bound hand and foot by this decision,
and would be unable to get the object
ions considered. @ .... a.. r........
The Chief Justice then stated the point
raised for the decision Of the Senate.
Senator Drake objected to the ruling
of the Chair: .....
The Chief Justice called the Senator to
order .. . I ..s
Senator Conkling called for the read
ing of the seventh rule, and it was read.
Mr.. Bingham maintained that the rule
only authorized the Chair TO submit ques-
tions to the Senate, when the yeas and
nays could be called for by onc-tilth; and
that the constitution itself, in saying that
the Senate should have the sole power to
try impeachment, settled the whole qnes-
tions- He protested against the House
being bound and laid before the feet of
any man, however high OF pure he might
be- If the precedent were established,
we might some day have Jeffries i'll the
chair We have had johnson i'll the
White House, and may some time have
"a Jeffries i'll the chair of the Chief JUS
! tice
The Chief Justice put the question
whether bis decision should be sustained
by the Senate.
Senator Sherman asked the managers
what were the precedents bearing OH the
question, in the trial of Impeachment il
this country.
Mr.. Boutwell, said that the Chief JUS
tice did not preside as member OF the
tribunal, for to the Senate is given the
sole power to try impeachment, which
gave it right to decide all incidental
questions, as well as questions of the
guilt or innocence. He (BoutwelD did
not object to the Chief Justice giving
his opinion Of ruling, but it should be
subject to the decision OF the Senate
Mr.. Bingham read an abstract of the
authorities which he had collected, touch
ing on the question.
| Mr.. Butler read from the report of the
trial IF Judge Chase an instance when
the presiding officer had put question
to the Senate for decision, without ex-
pressing his opinion. .
/ Senator Wilson renewed his motion
| that the Senate retire for consultation.
The vote was taken by yeas and nays,
and it being tie vote, the chief justice
voted "aye," thus giving practical effect
to the position assumed by him as to his
right to vote. E -- rf--.
The circumstance created some flutter
on the floor and much amusement in the
galleries.
The Senate, headed by the Chief JUS
tice, then, at about three O'Clock, retired
for consultation.
AT twenty minutes past six, the Sen
ate returned, and the Chief Justice hav
ing called the body to order, said: The
Senate has had under consideration the
question which was discussed before it
retired, aud has directed me to report
the following rule: .a. H -
RULE T. The presiding officer of the Senate
shall direct all necessary preparations in the
Senate Chamber, and the presiding officer of
the Senate shall direct all the forms of proceed
ings when the Senate is sitting for the purpose
of trying an Impeachment, and an forms during