The New York herald., 1868-03-01


other officers in them. The Supreme Court
permitted cases brought to that court from
trial Here distinct AMI frequent recognition by
all the departments OF the government that they
States in the Union. constitutional amendment
submitted TO them and the proper authorities pro.
claimed that had been adopted by the requisite num-
thrda He concluded by referring to Vattes defnron
of The status OF rebellious State when conquered
holding that by the principle OF pos, hmine the
reignty OF the former governing power only sus
pended during the rebellion aad resumed at its
close, and 1t was Obliged to renslate them their
Mr.. MORTON, (rep) Of Ind said the presence Of tho
Senator here was was protest against his argu-
he would feel 1t his duly to decline receiv.
ing his salary and mileage. II the Senate was en-
powered to pass bill could resolve itself into court
Of impeachment The constitution did require two
Senators to be present from each State required
vote of twotnrds OF those present The Senator ignored
the fact that there had been rebellion and all the
sequences flowing from IT, These Satos having destroyed
their State organizations had themselves rendered their
representation impossible.
Mr. DAVIS said it required majority to do any bust.
ness HIS position was that any number could meet
and adjourn from day to day The precedents were
fully gone into by Senators Fooo and Foster some
years ago, who had clearly shown that less
than majority Of the whole number Of both
houses could not constitute quorum to do business
II was not necessary him TO go into that ques
ton He repeated his views claiming that the south
was now loyal in It's obedience to the constitution Of
the United states. They had committed great crimes
but they were amenabe only TO the laws not 10 any
action OF Congress any more than other CRIMINALS He
believed 10 be one OF the most essential principles OF
the constitution that they entitled to represent
alton, and that the Senate should adjourn from time to
tme until majority OF those entitled to- seats were
present.
Mr. JOHNSON said that whether the rebelious states
were entitled to here was question upon
which he differed from the majority. who however had
decided that they not and ne considered that all
should submit to that decision, Congress having passed
laws in regard to those States recognized valid by all
departments of the government. The Senator from
Kentucky Mr. Davis claimed that it necessary that
majority OF all the Senators who would be here II all
the states were represented was necessary to constitute
q court.
Mr. DAVIS said his position was that majority OF all
the Senators elected was requisite.
Mr. JOHNSON asked who was to judge what Senators
were properly eectedp The fifth section OF the first
article Of the constitution the power to each
House.
Mr. DAVIS asked whether the judgment had not been
against the eleven States in question: aud against
persons elected by themY
Mr. JOHNSON said if the Senate could pronounce upon
the right of person applying for admission could
fuse to admit HIM, because he sent by body that
had no authority to send Senator He understood the
requirement to be that quorum OF those decided by
the Senate TO be properly elected should be present
iheioccasion referred to by the Senator When Foster
and Foote took the contrary view the Sem
II the Senator's position correct everything done
by Congress since the rebellion terminated void
aud the Supreme Court and the President had misun
derstood their duties II, when they had organized
themselves INTO court OF impeachment, the President
or his counsel should demur to their jurisdiction on this
ground ana H. after argument by counsel ne should
change his opinion he would not hesitate to say So
AT present he thought they were Senate aud as such
authorized to lay the question of impeachment.
Mr. EDMuNDs, trep) Of Vt called for the yeas and
the motion OF MIR Davis and 1t lost, Messrs
Davis and McCreery only voting in the affirmative
MIR. HENDRICKS. (dem Of ind, thought the committee
had gone beyond the purpose Of It's appointment. He
thought the Senate as sucn, had no right to bo
rules for It's mode OF proceeding during the trial. That
question for the court ITSELF These rules did not
purpor to be law. Under the constitution he thougat
the Senate could not 90 far and ne moved TO strike
out the twenty. first paragraph Of the report.
Mr. PoMERoY. rep) Of Kansas, reminded the Senator
that there bad been proposiion to consider the report
section by section
Mr. HENDRICKS simply wanted to get an expression Of
opinion on his point that The Senate had power,
such, TO do anything thar might be material ths trial.
He thought that question should be first decided.
Mr. SHERMAN, Gep) Of Ohio thought i obvious that
adopted No doubt The great body of tho articles would
be adopted without question Wnea the point raised by
the Senator was reached he would be glad to hear dis
cussed.
The SECRETARY proceeded to read the articles to the
fourth when Mr.. MORTON raised the point that by the
the Senate changed its character and was no longer tho
Senate In becoming the Court Of Impeachment BY the
constitution the ienate was 10 try this case.
Mr. JOHNSON said they should adhere to the precedent
established by former cases. which the present course
followed They were Obliged to take an additional OATH
were leg sative body while engaged In those duties
Mr. SHERMAN supposed this was only criticism OF
The character Of the Senate would not thus be
changed any more than when iy was in committee.
Mr.. HsNDRcKs quoted the words, "graut inquest Of
the nation" !" an said tnsre such body; they
were mere high sounding words, that made him fancy
they were in the days OF queen Elizabeth, and very
different from the simple Language OF constitution
Mr. EDNuSDs pointed to tho fact that the fathers Of
the constitution used these very words In such proceed
Nr HENDRICKS merely referred the language OF the
constitution the subject, which he quoted. He
thought that court presided over BY the Chief Justice
should mako us own rules for the Impeachment Of the
Presidents
Mr. EpMuSDs said it would be timc enough when the
articles OF impeachment were presented for the court to
pronounce upon that question The committees had
presented rules for the impeachment OF any future
President hs purpose ,sd,cs Of the % ssna,s Tas
pass a bill Of atainder. The essential idea
70 provide for putting the robes OF JUSTICE dvestng
themselves OF all prejudice and the committee had fol-
lowed the precedent Of the fathers In Calling grand
inquest of the nation" He thought no more appro-
pirate language could be found for their change Of char
acier.
MT CoyKLno, (rcp) OF N. Y, said II he agreed with
tho senator az 10 their change Of character as court OF
Impeachment he would concur in the justice Of the cr
cism of the Senator from Indiana mr. Hendricks lie
Denied however, that any such change took place. The
said that the Senate shall have the sole power
TO try impeachment He referred to the
peachment Of Chase and Peck said that the
called the High Court Of Impeachment often be-
fore the articles presented Afterwards He read
from the journals OF that time. showing that ,hose
words were used H on the . page q the journal ana ana
resolved itself into High Court OF Impeach chment.
Every day proclamation was made as IL would be Ia
this case. When the managers appeared, addressing
the Senate IN 1851, a the tai Of Judge Humphreys
those words, "fhe Senate resolved itself into High
Court Of Impeachment" appeared, 30 far ho know,
Senate then just rs much when In executive session,
and thought material to decide this question here.
Mr. HOWARD insisted that tho words simply meant
that the Senate resolved itself from branch Of
duty TO another, II was still the came body just as
much so as when they were engaged in deciding upon
trsutfes In all capacities they acted Senate OF
the United States. Phrases material, but felt
disposed favor adhering TO the forms t1at had
F.! down from their fathers.
| MT MORRILL,, (rspJ OF Me-, asked whether 1t would
no, better to use the words Tho Senate then pro-
| ceeded 70 the consideration c! .:ceachment"
TOR
formula, though the terms were precisely the Same
| ELECT
Mr. CAMERON trep) OF Pa, thought II proper TO use
the words "hgh court IL was a highest
functions known the law Hs would throw asou. IL
ali possible soemnily.
Messrs EpxuSDs, CoSKLNG and others discussed tho
question further citing precedents Ar Conkng stating
that all writs, &C., issued In every down 10 1862
had been made returnabo to tho Senate NOT 10 the
| Senate in any particular capacity.
Mr. FERRY, (rep.l Of Conn.,, moved 10 strike out the
word "highn wherever IL occurs before tho word
L ucOurb