The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-04-25

transpired between Thomas and Stanton. when the
former demanded possession of the War Office
This has been previously teiegraphed-1 The WIT
ness was examined at considerable length.
Morehead, a member OF Congress, was siss ex-
amined on the same sabjecs. Stanbery crossekan|
Burleigh. delegate from Dakota Ter tory, being
examined. said h. knew Gen. Thomas bad been on
terms of intimacy with him.
Stanbcry asks the object of calling this witness.
Butler said they expected TO prove that General
Thomas said to witness that he intended to get pos
session of tue War Office through force
Stanbery objected 70 the evidence and appealed
Ia the Chief Justice. The Chief Justice decides
that the evidence was ont of order.
This caused considerable commotiof In Court
and Senator Drake instantly Appealed from she oE-
cision of the Chair.
The Chief Justice stated he, as presiding officer,
had The right TO say what evidence should be al
lowed.
Drake again arose but Senator Johnson called
him TO order.
Butler addressed the Court in opposition 10 the
view taken by the Chief Justice. lie. csaimed that
the Chief Justice had not the Pewcr TO decide upon
the admissibiliiy of esideas@
The Chief Justice stated shat is his rulings were
not satisfactory. he was willing the Senate shoala
decide upon them. The Chief LStice was then
about to put the question to the Senate. when Bing-
ham. of the Managers, arose and addressed the
Court.
Senator Wilson moved that the StnaS Sc retire for
consultation. which net with general sisapprovai.
Senator Sherman submitted in writings question
asking the Managers for az TO AaseIscans
prece0ents on the subject.
Boutwell,, of the Managers, responded in-sn' ar
gument that the Constitution vested in the Senate
exclusive authority over all questions which coaio
arise in the trial.
Bingham. of the Managers, read a number of quo--
tations ironi authorities bearing on this subject
Evarts, from counsel for the President, took the
opposite view of the matter.
Senator Wilson then insisted on his motion to
retire.
Thayer called for the ayes and noes. The roll
was called. there being % ayes 10 % noes--a tie
vote. The Chief said be would vote in the afirma-
tive. Yhe Court then retired.
CHICAGO, April IA Republicans special gives
the following report of the proceedings in secret
session, when the Senate retired for de!iberation.
The discussion as to the power of the Chief Justice
took a wide scope, and was participated IN by most
of the Senators present.
Ferry held that the Chief Justice had the same
right as the Vice President. lie could vote incase
of a tie. but not decide a law point.
Conkling spoke in opposition TO this position, de-
nying that the presiding officer had the right either
to vote or decide a law point. except points of
order.
Sherman offered a resolution that under the rules
the Chief Justice had not the right 10 decide law
points. which right was vested exclusively in the
Senate. This led to an interesting debate, In which
a majority OF the Senators took part. by which it
appeared that a great diversity of opinion prevailed.
The Chief Justice made a very good tempered
personal explanation of his views in regard to his
position when presiding over the Court of Impeach-
ment. He thought he was entitled to certain pow
es as Chief Justice even when presiding over the
Senate by virtue of the position when that BODY is
Sltting DIS q OOuTb.
Williams, Bayard, and some other Senators MAIN
tanned that the Chief Justice was entitled 10 this
position by the Constitution in order that the SEN
ate may have the benefit of his suggestions, as the
highest law officer of the Government. but admitted
that he had no judicial authority. but only advisory
powers. Great difference Of opinion being devei-
oped, Henderson at length moved to lay Sherman's
resolution on the table, which was done. He then
moved an amendment to the rule to the affect that
the presiding officer may rule on all preliminary
questions. and questions of evidence. unless some.
member of tho Senate shall ask that the Ouasfiop ha
submitted to the Senate for decision, which shall
then be done.
Sumner offered an amendment setting forth that
the Chief Justice is not a Senator ; not. in fact, a
member of the Court, and had not the right to vote
on any question.
The ayes and noes were called on this. Lost -
ayes. % noes. &c. The question then REQUIRED on
the motion of Mr.. Henderson, which was carried by
25 to 10. No separate vote was had on the question
whether the Chief Justice has a right to cast a vote.
but some of the Senators intend to bring that mat
ter up for discussion tomorrow. There appears to
be a considerable feeling in some quarters as to the
result. Some of the Senators think that the action
giving the Chief Justice the powers he now has I'M
der the seventh rule will be reversed.
When the Court returned to the Senate Chamber
at half past six and announced the result of It's de-
alterations. there was a shade of disappointment on
the faces of the Radicals at the action which virtu-
ally sustained the Chief Justice in his views. The
Court Immediately adjourned till tomorrow. There
is great dissatisfaction among the politicians
tonight at the action of the Senate. and they ssert
that the presiding officer ought to have been strip
ped of all power-rendering him useless to do harm,
if he so desired. The supporters OF the President
express satisfaction at the action of the Senate.
WASHINGTON, April I-Mr. Stanbery argued
against the attempt of the Managers to prove a
conspiracy between Gen. Thomas and the Presi-
dent.
Mr.. Butler replied at length, showing that the
President was guilty of conspiracy.
Judge Curtis followed against the admissibility
of the evidence.
Mr.. Bingham. for the Managers. replied. At the
conclusion of the speech Mr.. bingham made a point !
that the hour on both sides had expired.
The Chief Justice said ne understood the rule en-
titled the chief counsel on both sides to have one
hour on all questions. 4
Several Senators dissenting from this ruling the
question was put to the Senate and Mr.. Chase's rul-
ing was decided against.
The question of admitting Burleigh's testimony
was decided afirmatively-39 to la strict party
vote.
Mr.. Burleigh testified that on the evening of Feb
ruary 2Ist he had an interview with Gen. Thomas,
who Informed him that he had been appointed Sec
rotary of War dd interim; that he should take pos
session of the office at ten O'Clock next morning ;he
also stated that he would use force to take possess
sion if refused Gen. Thomas said that if Secretary
Stanton barred the doors he would break them
down. The question was then asked whether the
witness had any conversation with Gen. Thomas
while acting as Adjutant Gen. or heard Gen. Thorn
as say what he would do in case he became Secre-
tary of War
Mr.. Evarts objected. u
The Court here, at a quarter past 3 O'Clock. took
4 recess.
Upon reassembling the question was pat in writ
ing. After debate. the Chief Justice decided the
question out of order.
Mr.. Howard appealed from the decision, which
was overruled-22 to 2S-and the question was
put.
Witness had heard Gen. Thomas make an address
to a number OF clerks in the War Office about a
week or ten days prior to Feb. 2lst, in which he
said he would relax the harsh rules of his prede-
cessor and treat the clerks as gentlemen. Gen.
Thomas subsequently, told the witness that if he had
not been arrested on the morning OF Feb. I'd he
wOnil have broken the doors and taken poSS4sSion