New-York tribune., 1868-03-02
XLTH CONGRESS-IID SESSION
SENATE \


The CHAIR laid before the Senate memo
rails the Missouri legislature asking aid in repair
ing evees the Mississippi River, and Mr.. NfE (Rep,
Nev presented Capt r. W. Meades petition TO be placed
the active list of the u g. Navy Mr. Nye also offered
and the Senate adopted resolution asking the Secretary
of the Treasury why the salary Of the Governor Of Idaho
is withheld
ABoLIsHISG THE NEUTRALITY-SUSPICIOUS.
Mr.. THAYER (Rep., Neb.) introduced bill TO abolish
the Office OF Adjuant. General Of the Army. Military
Affairs
UNITED STATES COURTS IN TERRITORIES.
Mr.. CRAGIN Rep, N. H. introduced bill to provide
for the holding Of United States Courts In Territories Of
the United States Committee on Territories.
IMPEACHMENT OF THE PRESIDENT.
On motion Of Mr. HOWARD Qaep., Mich.), the Senate
considered the report OF the Select Committee Of seven
upon Impeachment. The question was stated to be on
the adoption Of the rules.
Mr.. JOHNSON (Dem., Md moved that action be taken
each article separately, saying that Senators might
concur In some and object TO others.
Mr. DAVIS (Dem, Ky) moved to refer the report back
to the Committee, with the following Instructions That
the Constitution Of the United States having appointed
the Senate to try all OF impeachment and having
provided that the Senate be composed Of two Senators
from each State and the States Of Virginia North Caro-
lima, South Carolina Georgia. Alabama, Mississippi Ar
kansas louisiana Florida, and Texas having the right
elect two Senator's but not being represented on this
floor, the Senate cannot therefore resolve itself
into High Court of Impeachment. Mr.. Davis
supposed that all would agree that the states re-
ferred to and continued 70 be- States in the Unlon
and he contended that they were entitled TO repre-
sentation in the Senate when It resolved itself ntoa
court Of impeachment Ii had been threatened TO exclude
his owR State from representation Had Congress power
deny Indiana representation and II 80, could
the Senate resolve itself into court OF impeachment,
and in such OF things could twohlrds majority
pronounce upon such questions Senator'S would admit
that Congress had right to exclude States that had
been in rebellion from representation. II 70 were
otherwise the majority Of Congress would have power
all constitutional questions Under the Constitution
State the Union had right TO be represented IN
the Senate aud its representatives had right TO be COM
there was no safety the tenure Of the President
any officer of the Government. II that principle were
present oecasionl Was not Virginia State in
sented here and Mr. Johnson sat throughout that
Senator from Tennessee Ills friends, Senator
Wiley and Senator Carlisle appeared at the session
mcncing IN December 1861, with credentials from Nlr
gnia The Senator from Delaware tMr Salisbury OBJ
uas were not signed by the true Governor OF virginia
but the Senate voted TO receive them and they were ad
mted, Senator Wiley remaining as representative OF
Virginia until the creation OF West Virginia as STATE
and Mr. Carlisle served until the expiration OF his term
while the term OF Mr Bowdon w9nu not nave sAPLIeu
until long after and long after VIRGINIA seeded Hon
three 10 live Representatives served IN the House MT
celycd by the House OF Representatives IN 1901 aud
served their of two years. Members from Louisiana
Messrs Hahn and Fanders-were admitted In 1865 and
Mr.. BAYARD Dem, DELI thought that the Senate had
no authority legislative body 10 decide upon its urs
dctiou as court OF impeachment. When the question
before the Senate court he should express his
u,
Mr. DAVIS had arrived at different conclusion. Sup
pose there but thirty Senators present. and they
appointed committee 10 prepare rules. would 10 not be
competent instruct them 70 report that the Senate thus
constituted had power To form themselves into court
OF Impeachment lie thought, therefore, that the mo
ton properly made now IL was Senatorial ques
ton and one for the Court Of Impeachment to decide
Mr.. MORTON Hep.. Ind said that the Constitution re-
qulred OF wohrds only OF those Senators present.
and not Of two Senators from each state.
Mr.. JOHNSON Dem. Md said that whether the re-
belous States were entitled 10 representation here
question upon which he differed with the majority, who,
that ali should submit 10 that decision Congress having
passed in regard to those States recognized valid
from Kentuey Cr, Dvis claimed that !.
that majority Of all tho senators % RS should Do here ,
majority Of all the Senators elected was requisite
wer @e properly elected The R section q the st article
OF the Constitution gave that power TO each House
Mr.. DAVIS asked whether the Judgment had not been
against the eleven States IN question, and not against
MT JOHNSON held that II the Senate could pronounce
upon the right OF person applying for admission, II
could refuse to admit him because he was sent by body
that had NO authority to send Senator lie understood
the requirement 10 DO that quorum OF those decided
by the senate 20 be properly elected should be present
on Mr. Dayis's motion and 1t was lost Messrs Davis and
McCreery only voting in the Affirmative; .
mtee gone beyond the purpose Of its appointment
The Senate sch had right 10 prescribe rules for
nelon s for Of tRe Court & These rules did not puTpot
To be a law. Under the Constitution the Senate could not
go so far and he moved TO strike out the twenty first
Mr.. PoMEROY (Rep, Kansas) reminded the Senator
that had Deen proposed TO consider the report section
Mr.. HENDRICKS simply wanted to get an expression
Of opinion on his point that the Senate had no power as
such 10 do anything that might lie material on the trial
That question should be first decided
proposition Of the Senator from Maryland should be
adopted No doubt the great body OF the articles would
by senator reached lie would be glad TO hear
The secretary read the articles the fourth when Mr.
MORTON Rep Ind raised the point that by the third
Senate changed its character and was no longer the Sen
ate becoming the Court Of Impeachment by the Con-
stitution the Senate was to try this case
Mr. JOHNSON said that they should adhere TO the pre-
cedent established by the former cases. They were
obliged to additional oath, and would be really
Mr. sHERM4N SUPPOSED this to be only criticism Of
words The character of the Senate would not thus bo
changed any more than when IL was in Committee.
Mr.. HENDRICKS quoted The words, !. grand ingulsi, %
they mere high sounding words, that made men
fancy they In the days of Queen Elizabeth and very
different from the simple language OF the COnstltuiOn
Mr. EDMUNDS said that the fathers OF the Constitution
used these very words in such proceedings.
Constitution on the subject which he Qoued He thought
that Court with the Chief Justice presiding should make
M %w J t6oasG that il would be- time enough
when the articles OF impeachment were presented for the
had presented rules for the impeachment Of any future
President The purpose OF the Senate was to resolve IT.
self into judicial capacitynot TO pass bill OF atainder
The essential idea was provide for putting the robes
OF Justice dvestng themselves OF all prejudice aud the
Committee had followed the pIeceuenb OF the fathers In
calling II grand inquest Of tho nation" No more ap
prOprate language could be found for their change OF
character
Mr.. CoNKLING (Rep., N " said that IL he agreed
with the Senator as 10 their change OF character as
court mpea chnen he would In the justice OF
the criticism OF the Senator from Indiana Mr Hendrcks)
He denied, however that snch change took place
The Constitution says that the Senate shall have the sole
power try impeachment lie referred 70 the cases OF
Impeachment Of Chase and Peck, and said that
the Senate was called the High Court OF I'M
peachment as often before the articles were pre-
afterward He read rom the journals OF that
time showing that those words were used on the title
page OF the Journal and claiming that nowhere was il
said that the Senate had resolved itself into high
49, 4 II.aIla I.ua Ia