The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-06
CONGRESSIONAL PROCEEDINGS
WAsr1NaroN. March 5.

important business, Fowler introduc-
ed a bill to rebuild the leyees on the
east bank of the Mississippi River,
and to reclaim lands along the Yazoo
River .. s..
The President pro tenn. said the
morning hour having expired, all
| legislative aud executive business of
| Senate is ordered to cease, for the
purpose of proceeding to business
connected with the impeachment Of
the President Of the United States.
/ The Chair is vacated for that purpose.
I Chief Justice Chase then advanced
up the aisle clad in his official robe,
and escorted by Pomeroy, Chairman of
| the Committee appointed for that
purpose, with Judge Nelson, of the
Supreme Court, on his right, Messrs.
/ Buckalew and Wilson, and other
members of the Committee, with mem
bers Of the House, who stood behind
the bar of the Senate.
The Chief Justice, having assembled
to the Presidents chair, In meas
ured and impressive voice said:
Senators, in obedience to a no.
tice, I have appeared to join with
you In forming a Court of Impeach-
ment for the trial of the President of
the United States, and am ready to
take the oath"
The following oath was then ad-
ministe by Judge Nelson:
Il do solemnly swear that, in all
things pertaining to the trial of i'm
peachment of Andrew johnson,
President of the United States, / will
do impartial justice, according to the
Constitution and Laws. so help me
God"
The Chief Justice then said:
Senators, the oath will now be ad.
ministered to the Senators, as they
will be called by the Secretary, in
succession"
The Secretary called the roll, each
Senator advancing In turn and taking
the oath prescribed in the rules. The
only Senators absent were DOolittle,
Edmunds, Patterson, Of New Hamp-
shire, and Salisbury.
When the name Of Senator Wade
was called, Mr. Hendrick rose and
put the question to the presiding of
ficer, whether the Senator from Ohio,
being the person who would succeed
: in the Presidential Office, was entitled
10 sit as judge in the case. e......-
Sherman argued that the Constitu-
{ ton itself settled that question. II
provided that the presiding officer
t should not preside on the trial of an
> impeachment of the President; but
being silent as to his right to be a
member of the Court, it follows, by
implication, that he had the right.
- Howard argued to the same effect
johnson assimilated this claim tC
an ordinary Judicial proceeding anC
. reminded the Senate that no Judge
! would be allowed to sit in case
where he had a direct interest. HC
, submitted whether it was not proper
to postpone its decision until to-mor
e row, In order particularly that prece
dents of the English House Of Lords
might be examined. He moved
therefore, that the question be post
poned till tomorrow.
Howe chained that the question o
law was clear that the Senator from
Ohio was entitled to participate il
this trial; if the Constitution were 81
$ lent on the subjectno one would hav,
Il challenged the right of the presiding
t. officer to preside on this trial. Tn
t, Constitution, however, had provide,
II for that question, and had gone n
a, further If any objection did exist t.
i, the Senator from Ohio, the only part
'e that had a right to raise objection
II was not here, and not Represented
D, here.
al Hendricks claimed that when Nh
IS Wade should cease to be presidin
lie officer of the Senate, he could b
IA sworn in, but now he was incompe
{. tent. In the case Of Senator Stock
L ton. of New Jersey, the question ha
been decided. There It was hel
ID thata a Senator, being interested i
the result of a vote. he had no rigb
n to vote. He hoped the motion of tn
IS, Senator from Maryland would pre-
to / vail
a. The debate was continued at grea
or length by Davis, Hendricks, and Bay
as ard against Wade's right to sit as
ed member of the court, and by MOrri
of Maine, Williams, Howard, Morton
Sherman, Howe, Drake, Sumner an
Thayer, in favor thereof.
Morton argued that there was q
-. person here authorized to make ot
7" lection, because it was the right of
party to waive the objection Of intel
est on the part Of the Judge or Jur
lal and the President, when be can
in here for trial, might say, Why wa
rd not the Senator from Ono sworn
he The theory Of his colleague (HeI
n dricks) was false This impaachmer
to was to be tried by the Senate. Th
srs Senator from Ohio was a Senator, an
re- his rights as such could not be take
Of from him. His election as presidiL
-er officer took from him none Of h
es, rights as a Senator, but aside fro
of this, he repeated, there was no perso
u L 1.