The New York herald., 1868-03-03

Mr.. HOWARD asked the Senator intended tnat ~
should open the casef
Mr.. SUMNER replied in thu negative, saying the
amendment contemplated the opening Of the defend
ants case after the prose 'ution closed
Mr. GRIMES suggested leaving the mator TO be settled,
as had been IN all previous trals OF impeachment
hero ami IN England, by the court
hr. WILLIAMS though he had voted for the one hour
rule on preliminary motions said It would not impose any
restrictions IN this respect This impeachment would
be quoted as precedent for all future cases and they
should therefore, be extremely careful In their action
rfoosoy uo' o'e .nan TWO OF lnree would appear or
the defence, aud they would most likely occupy but
day piece. n
Mr.. SUMNER referred to the fact that MI Writ the
trial OF Judge Chase, occupied four days his closing
speech and others occupied several DAYS EACH They
should he thought provide against any possible con-
tingency.
Al the suggestion OF Senators sr SUMNER modified his
amendmens SO as TO make il read, "Tho each
side shall be ope ed by one person.
Mr.. DIXON contended that there should be no nita.
ton on the opening OF this momentous case whom ten
issues were to be presented to He had no doubt
that all Senators expected to try this question jurors
The law presumed the accused to be innocent. Sup
pose the opening TOOK four days. II small period
OF time In view OF the imporancs OF the case.
Nr. HOWARD said there limitation In the rule
on the time that counsel could occupy. There were two
counsel allowed on each sde which the Senator would
Mr. DIXON said ho would allow both sides to say all
they had to say and take tho necessary time
Mr. HOWARD said no court in tho country would allow
unlimited time 10 counsel.
Mr. GRIMES said by all precedent IL for tho cour!
to determine the rules for the admission OF evidence,
such questions for tho court.
Mr. DrS9S reminded them again of the trial and the
IMPROPERLY OF making an nnyedng rule to conine the
accused to two counsels When they In position
judge or tho importance OF questions raised II would
be time enough TO decide upon the manner Of their
presentation
Mr. EpaUSDs said II would appear odd 70 stranger
that gentlemen on the other side stood as unit on
questions arising these rules, though doubtless 1t
was only coincidence This was rule for all cases.
and would operate more severely on the prosecutors
than the deence-the former having seven mana ,crs
where the restriction 70 two counsel general and in
very important case now on trial in the Supreme Court
the Same rule enforced II they to have any
rules at all they should be such as would be reasonable
In all future cases.
secured by hearing two counsel sdo and no
satisfied with this rule He thought the imputation
thrown Senators on his side entirely unjusthable.
He moved that they take a recess as it was five
o'clock until seven saying Il was evident there would
be long discussion.
the rules were little more than half finished
A motion BY Mr. McCreery to adjourn was lost
Mr. Hendricks motion was also lost
After discussion Mr.. Summers amendment modif
The question recurring on the amendment Of Mr. VIII
liams 10 strike out the article, Mr. EDMUNDs moved to
amend by inserting after tho words ION each side" the
words unless otherwise ordered by the court on app
cation for that purpose" which was agreed to.
Mr. Dixon offered an amendment providing that the
counsel for the accused be allowed the closing argument
saying that was the usage In Connecticut
Mr. FERRY lrep) of Conn.,. said II had worked preju-
dclally.
The amendment was lost
Tho twenty second article having been read, Mr. FRE-
LSGnuysEN offered the following amendment TO como
in at the negnning:-"on the iinal question whether
be taken on each article OF impeachment" IniS was
agreed 10.
s'high court OF impeachment and insert the word
ssSenators"
Mr. sngRMAN, lrep) OF Ohio, called attention to the
fact that this raised question to which he had given
some attenton-namely, whether the Chief Justice in
being called upon to preside became lbereupon
bcr OF tho court and therefore entitled to vote II tic
vote occurred.
Mr. IIowARn said tho usage followed the British pre-
cedcnt The House OF Lords sitting on such questions,
was presided over by the Lord Chancellor the Lord
Steward who had vote by virtue OF the Presidency.
Mr.. MORRILL, modified his amendment by moving to
strike out tho words and v0ting after the word "pre
sen referring 10 the numor Of members OF inc court
necessary 10 convict
Mr. VAN WIsKLR, trsp) of W. Va. moved to insert
after tho words he COURT where they last occur tho
words 'shal proceed to ascertain what Judgment shall
DO rendered 10 the case, which, beng asceftaned shall
be prunounccd.n
Mr. EpauNps moved aud Mr. VAN wISKLE accepted
amendment to strike out the words 'of such court
and the words 'by It's pres'dng officer" Agreed to-
Mr. WILLIAMS offered an amendment providing for
CONVICTION upon any one article
Mr. DaAKE suggested as substitute to insert after the
word not in the first line tho words sundcr any OF
the saIna effect"
Mr.. WILLIAMS accepted the amendment, which wa;
agreed 10.
Tho twenty. third article having been read, Mr. Ed
MusDs moved 10 strike out the words "by inous
consent and insert 10y consent OF the senate tabled
without doba:e" Agreed to.
Mr. HESpkIcKs moved TO insert 'tbe samo amend
nent made In regard to debate on the final qucs-
tiop." Not agreed to-
Mr. WILLIAMS offered an amendment 10 allow any
member oi tho court to llc MS wrtlcn opinion any
OF the any tlmc within two days alter Judg.
ment with the Secretary OF the Senate Not agreed 70.
Mr.. HEsDriCgs moved to assert additional article
the following: :"When the Senate sits rs II gh Court
OF Impeachment in case in which The Chef Justice
may preside such OF the foregoing articles apply
TO The trial shall be considered aEi adopted by Ihe
court before they shall have force" Ho contcnded
that the 30 very important rules should be made b.
,hcm, not Senator's. but sworn Judges aud that
the Chief Justice, instead of the possible
tho Presidents position, should preside when rules
were adopted which would govern tho action OF the
Chief Justice and OF the court important points, In
reply TO n question OF Mr. Edmunds, he said he
rule established By the senate; but IL certa MY
possible that Senators might tlon discover mporcc.
tons in them, tho question admitted tho justice OF his
Mr ovE, (rep) of WIS.,. said that calling tho Senate
court did change It's character to deprive OF
the right change rules mad beforehand Tue Senate
was competent make rules for It's future
IN The trial. and as the individuals would vote at
any time made no difference when such rules were
tabished.
1hc amendment was not agreed to-
Tne twenty fourth article read.
Mr. CosgLiSG moved TO strike out the words ''sitting
as High Court OF Impcachmonr' wherever they oc.
Cured, on the ground that they were usual and
might seem TO Import that the Court OF Impeachment
not the Senate.
Alter debate the amendment was agreed to-2s to IL
IN rule "a after the words constitution and laws y
the words 'of tho United states passed in pursuance
thereof"
Mr. DRAKE asked whether the Senator desired that all
judge for themselves Of the consttutonality Of tho
laws.
Mr. McCasEnl SAID the words were taken from tho
constitution, and such, he thought ought DO
inserted.
Mr DRAKE said as the question was not answered Il.
must bo understood that intended evado IT, and
meaut that each Senator bo the judge Of
OF tho laws and therefore could eyadc
II that ground He would not be party 10 open tho
door OF any such state OF thngs
Mr BuCgAiEw saw no reason for warmth on this sub
jcci.
Mr DRARr could not be icice ike tho Senator from
Pennsylvania, tAir Buckaewl
Nj HowACp pointed oct tha, the person impoachci q
might plead jast this exercise OF iud gmeni.
The amendment vas lost by the following votc:--
yrAs-Mcasrs Buckaiew, Davis Fowler, Hendricks,
McCrety Pattersonof cnn., kanlsbuiy and TIpon--s.
NAYs-Icssrs. Cameron Chandler, Cooking Corhoi,.
Drake, Fer,, Harlan Howard. Howe Morgan. Morrill, Of
Vt. N0f OF Me, Syc, Ramsey sherman Sprpcu.
stewart, ihayer, Van Winkle, Williams wilson aud Yates
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