Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1868-04-02
SECOND DAY.

TheCourtof Impeachment, on Tuesday, pro-
ceeded with tho examination Of witnesses for
the prosecution, nothing material, however,
being ELECTED
Upon an effort 20 examine ". 4. Burleich
delegate from Dacotah, as 10 an interview with
Gen. Thomas, Mr. Stanbery objected, and the
Chief Justice decided that i; might be given
but Senator Drake. in order as he said to test
the question, demanded that the Senate should
decide the point. and not the Chief Justice
The latter insisted 90 his night to decide such
questions in the first instance. Mr.. Drake, in
AZ excited manner. appealed from the decision
Of the Chief Justice. Butler, Bingham and
BoutrelI usie long speeches against the right
q the Chief Justice, but before the vote was
taken Mr. Wilson moved Tia, the Senate re-
tire for consultation on the question raised by
the appeal-snd this produced a tie votes
to 25. The Chief Justice voted in the afirma-
tive, and az 8 P NJ the Senate retired TO one
Of che reception rooms in rear Of the chamber
When the Senate retired for consultation this
afternoon the Chief Justice stated the question
70 be on the appeal of Mr. Drake from the de-
oision Of the Chair that che Chair had the pow
er o. rule questions OF evidence.
Mr.. Henderson moved 20 postpone the qucS-
tion on the appeal for the purpose Of taking
up the rules { modification.
Mr.. C0uness called fr yeas and nays on the
motion, when /. was agreed % by a vote Of 80
20 is.
Mr. Henderson then moved 20 amend the It'll
rule 20 read as follows
Rule T. The presiding officer Of the Senate
shall direct OH necessary preparations IN the
Senate chamber and the presiding officer upon
the trial shall drectan the forms Of proceeding
vbis the Senate are sitting for the purpose Of
trying az impeachment and an forms during
the trial rot otherwise specially provided iur
and toe presiding officer on the trial may rule
all questions Of evidence and Incidental Ques-
tous. which ruling SHALL stand as the Judgment
Of the Senate unless slr1e member Of the Sen
ate snaE ask that formal vote be taken there
on, IN which case il stall be submitted 20 the
Senate t.r decision. or be Elly, az his option,
IN the hrst instance salsn.t sny such question
~ vote ui The members of de Senate.
Nr Sherman submitted a motion that all
questions other than those q order must be be-
c.ded by the Senate.
Mr. sumner submitted ag ogier tia, the
Chief Justice ~ tire United Statos. presiding in
the Senate on the trial of The President o. tns
United States. IS not member of the Senate.
and has n1 authority under ;5e constitution O.
vote 0n any question arising during the trial
he cannot make any decision unless under he
rules Of the Senate. and he can pronounce deci-
SONS only as che organ Of the Senate aud only
with us consent.
Mr. Drake submitted q substitute. 'S follows,
"It is the Judgment of the Senate that. mn
der the constitution. the Chief Justice presiding
ever che Senate iu the pending trial has ua
privilege Of ruling q question of law or evi-
a5rcc. OF of deciding them On. an such cues
uons WUst be subDstted o. the Senate"
Mr. D-ase.s substitute VaS rejected as follow:
4cas-20. Nsys-3G
NJ. summers ameuduea.was relected-yeas
p. nays %.
The 7th rale as modified bv Mr.. Henderson.
was then adopted, as fellows. Yeas-3l.-
Nays-l9
Mr.. SUmncv then moved .oadl the last nara
graph 40 DIS substitute On the hin as modified
NJ Hendricks objected On 70, consideration
as z was not an order and did no. yo,ate 90 the
subject uaJsr consideration
Ny Morrill, Of Maine. moved o. strike our the
words which ruling shall stand as the iuj--
ment o. the Senate, which was rejected.
The senate then returned % It's chamber.