The New York herald., 1868-03-07
THE FORTIETH CONGRESS.
Second Session.

THE FORTIETH CONGRESS.
Second Session.
SENATE
WASHINGTON March g. 1868.
CONCENTRATIONS IRON THE PRESIDENT.
The Chair laid before the Senate communication
from the President in reply to the resolution OF inquiry
relative TO the alleged interference OF the United States
Consul At Rome the recent troubles In IIa'y Re-
ferred 70 the Committee on Foreign Affairs.
Also communication from the President enclosing an
answer from the Secretary Of State to request for
formation In regard 10 the island Of Alta Della. st.
Domingo.
Also communication in reply to the resolution in.
quirng 10 regard to the abduction OF Allan Mcdonald
citizen Of the United States In Canada which we're
GETTYSBURG AND AHIKrAM NATIONAL cEMsrERY
:.. M, pos.RoY, trepl Of Kansas introduced . Joint
resolution authorizing the Secretary Of War 10 take
charge or the Gettysburg and Antieam National Gene
terry. Referred to the Committee on Military Affairs
STOCKS AND BONDS HELD TRUST UNITED STATES.
tion directing the Secretary Of the Treasury whenever
State Ia In default In the payment Of prin
cpai due on stocks Or bonds held BY the United States
in trust to retain the amount due ous OF the money
due the said State by the United Statea
Al the suggestion Of Mr. MORTON, (rep( Of Ind, who
desired 10 examine the resolution, Il was lad over
SETTLEMENT OF rAYhAsTERs ACCOUNTS.
Mr. WILSON, (rep) Of MasA, called up the bill 10 fac,i
ICES their for socd.ss losses or oVe
payment In good iath. proper testimony and the
provai Of the Secretary OF War; Mr. WILSON explained
paymasiers during the war-about thousand mil
lions Of dollars-many cases Of hardship occurred.
such 70 -.
tee on Finance.
Alter further debate Mr.. MORRILL, withdrew the mo-
tlon, and the bill amended, when Il cut short
by the expiration OF the morning hour.
The Impeachment Trinl-OrGanixation Of the
Court.
The PRESIDENT then announced that the time having
arrived when tho senate proceed to tho trial Of
the impeachment of the President of the United States
he would vacate the chair for that purpose.
The Chief Justice was again escorted to the chair BY
Mr. Pomeroy, chairman Of the committee appointed for
that purpose Tho Secretary OF the Senate read the
minutes Of the court Of yesterday, including the
adjournment Of the Senate.
The CHEF JUSTICE then stated the question to bc an
objection having been made to the swearing OF the
Senator from Ohio (Mr. Wade a motion 70 postpone
the swearing in OF that Senator until the remaining
members have been sworn. He also announced that
Mr.. Dixon had the door.
Mr.. Dixon, (rsp.) Of Conn.-Mr. President--
Mr.. HOWARD, trep) Of Mich.-Mr. President, rise to
a point Of order.
Tho CHIEF JUsrIcE-Ths Senator will state his point OF
order.
Mr.. HowARD-By the constitution the Senate sitting
the trial of impeachment s to be oath af-
rmation. Each member OF the Senate by the consti-
tuton is component member Of the body for that pur
posa There therefore bs trial unless the oath
affirmation be taken by the respective Senators who
present The constitution Of the United States is ope-
rative, and when q member presents himself to take
oath hold that rule OF order 10 the duty Of the
presiding officer TO administer that OATH and that the
proposition take the oath be postponed other
members having no control over the question That is
the simplest duty devoved upon the presiding officer
month adopted rules for their in proceed
inRs Of this kind. Rule three declares that "before
proceeding 10 the consideration OF an article OF i'm
peachment the presiding officer shall administer the
hereinafter provided to the members OF the Sem
ate then present. Mir. Wade present and ready and
bo to take tho OATH The form Of the oath is also pre-
scribed BY present rules, foows:"I do solemn
apportaning to the trial impeachment Of Andrew
Johnson now pending, Will do impartial justice
cording to the constitution and law 20 help me God
That Ia the form OF the oath prescribed by rules Il
the form In which the presiding officer OF this body
himself is sworn. II is the form in which we all, thus
cernsd. insist that tney have already been adopted
and recognized by far II Is possible, during the
condition in which wo now arc of organizing ourselves
for discharge Of present duty therefore make
the point OF order that the objection made 70 the swear
ing In OF Mr. Wade out OF order and also that the
ton Of the honorable Senator from Maryland to postpone
the swearing in Of Mr. Wade out Of order under the
rules and under the constitution of the United States;
President Of tho senate. The Chief Jasce q the SUI
preme Court Of the United States presiding In that body
to decide this question OF order, ana without debate
Mr. DIxoyThe question before the Senate is whether
under this rule the Senator from Ohio
Mr.. DRAKE, rep.) Of Mol call the Senator from
Connecticut to order.
The CnEY JusrIce-The senator from Connecticut Is
called to order The Senator from Michigan tMr How
ard has made point OF order 70 DO submitted for the
consideration OF the body during the proceedings for
organization OF the Senate for tho trial Of mpeach
ment. For the present the Char regards the general
rules Of the Senate as obligatory and Senate
must determine for Itself every question which arises
unless the chair s permitted to determine In Gaze
OF this sort affecting nearly the organization of ths
body the Chair feels himself constrained to submit the
question Of order to The senate VIII the senator from
Michigan state his point OF order n writingS
Mr. Drxos--I rise TO point OF order
The CHIEF JusroE-The Chair is of the opinion that
no point Of order can bs made pending another point OF
order
Mr.. HOWARD prepared his point Of order and sent il
10 the chair.
rnitted by the Senator from Michigan as follows-
That the objection raised TO administering the oath 70
Mr. Wade is out OF order and that the motion OF the
Senator from Mary land TO postpone the administering OF
tho oath TO Mr. Wade until othor Senators are sworn Is
also OF order under tho rules adopted by the Senate
on I'd Of March instant and under the constitution
Of the United States The question Is open 70 deoate
Mr DIxoS-ME President
The CHEF JusucE-The Senator from Connecticut
Mr.. DRAKE-I call the Senator TO order. Under the
rules Of the Senate questions of order are not dsbaabe
Mr. DIXON was understood TO say that questions Of
Mr. DRAKs-I do not understand the rules OF the
Senate There be debate upon appeal from de-
clsion Of the Chair but there be debate In the
nrst instance upon question Of ORDER as understand
The rules OF the Senate.
The niEr Jus11cE-The Chair rules that question OF
order Is debatabs when submitted 10 the senate.
Mr. DRAxE-If l am mistaken in the rules OF tho
Senate thai subject would like 10 be corrected but
take u am not
rho CHIEF JrsrrcE-The Senator from Missouri is out
OF order unless he appeals from the decision Of the
Chair.
Mr. DRAKE asked leave to read tho sixth rule, prov.
ding that when shall be called 10 order Dy the
Prssdert or Senator he shall sat down, and not pro-
coed without leave Of the senate, and that every ques
tlon of order shall be decided by the President without
debate, subject to appeal TO the Senate.
Mr. PoaKRoy said the rule applied TO submission TO
tho senate without which question was not debatable
Mr. Dixon said the auestion was now presented In q
different shape from that presented yesterday BY the
senator from Michigan, when he reminded them that
arer all this vas q question OF order, and ought
10 be so decided. The question now was whether
ss question OF tho orderly proceedings OF this body
tho Senator from Ohio could take the oath ON that ques
ton lie proposed TO address the Senate. At tho ad-
veseray he was about remarking that the