The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-03-12
Vol. 10, No. so

OUUu Will HOW DC ituullulStcIcu W til
Senators as they will be called by th
Secretary in succession. The Secre
tary called the roll, each Senator ad
vanced and took the oath prescribe,
in the rule. The only Senator's absen
were Doolittle, Edwards, Patterson
and Salisbury. When the name o
Senator Wade was called Mr.. Hen
bricks rose and put the question t.
the presiding officer whether the Sen
ator from Ohio, he being the person
who would succeed in the Presiden
tial office was entitled to sit as judge
on tho case.
Mr.. Sherman argued that the Con.
s:itutiou itself settled that question
1t provides that the presiding officer
should not preside on the trial Of an
impeachment of the President, but
being silent as to his right to be q
member OF the Court. It follows by
duplication that he had o right.
Mr. Johnson assimilated this claim
to be an ordinary judicial proceed
ing, and reminded the Senate that
no judge would be allowed to sit in a
case whore he had o right to be in.
structed. He submitted whether it
was not proper to postpone its de-
cision until to morrow, in order that
the precedents of the English House
of Lords might be examined. He
moved the question be postponed till
to morrow.
Mr. Hendricks claimed that when
Mr. Wade should cease to be presiding
officer of the Senate, he should be
sworn, but now he " as incompetent.
In the case Of General Stockton Of
NJ, the question had been decided
there, It was held that the Senator
being interested in the result Of the
vote he had no right to vote. He
hoped the motion of the Senator from
Maryland would prevail.
Mr. Morton said the theory Of his
colleague, Mr. Hendricks, was FALSE
Impeachment was to be tried by the
Senate. The Senator from Ohio was
a Senator and his rights as such cold
not be taken from him. His election
as presiding officer took from him
none OF his rights as Senator, but
aside from this he apprehnded that
there was no person here entitled to
raise the question.
Mr. Thayer argued that if the qucs-
tion ofinterest was to be raised in the
case of the Senator from Ohio, it
ought, with greater reason, to be
raised against the Senator from Ten
nesseee, who was closely allied with
the President, besides every Senator
who might succeed to the Office of
presiding officer was also interested
but one degree less than the Senator
from Ohio.
A debate continued at great length
by Davis, Hendricks and Bayard
against Wade's right to sit as mem.
Der of Court, and by Morrill,, of Me-,
Williams, Howard, Morton, Sumner,
Sherman, Drake and Thayer in favor
Of it.
Chief Justice Chase replied.:in the
affirmative.
Mr. Howard suggested that he
could see no necessity Of expending
further time ON this motion, It was
sure question Of order.
After some further debate the
Court of impeachment, at half past
four, adjourned till one o'clock to
morrow and the Senate Immediately
afterwards adjourned.
HOUSE.
Mr. Elliott introduced bill provi-
ding that in case of the removal Of
the Chief Justice Of Supreme Court,
or death. or resignation, the duties
Of the Office shall devolve upon the
Associate Justice. Referred to the
Judiciary Committee.
Mr. Judd moved that the House
resolve itself into Committee Of the
Whole, to attend the impeachment
managers at the bar of the Senate.
Mr. Bingham stated that the issue
had not yet been Joined, and until
then, it was unnecessary to ask an
amendment of the House.
Mr. Judd withdrew his motion.
The managers proceeded to the
Senate Chamber, and the discussion
Of the Tenn. election case was re-
sumed.
Mr. Garfield, by unanimous consent
introduced bill appointing Erastus
B. Walcott, Of Wisconsin, J III Mar
tindsle, of New York, and Hugh L
Bond Of Maryland, managers Of the
Nrtional ASYLUM for disabled sol-
diers, and authorizing the Secretary
of War to furnish from captured or
dinance, such ordinance, with imple-
ments as he may deem proper, to
the several National Assylums for
the purpose of firing salutes.