The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-04-03

| NlOuSly telcSIaPheu'
Moorhead, member Of Congress, was also
examined on the same subject, Stanbery cross
examining him very infinitely.
Burleigh, from Dacota Territory. being
examined, said he knew General Thomas,
and had been on terms Of intimacy with
him.
Stanbery asked the object of calling this
witness.
Butler said that they expected to prove
that General Thomas had said to witness
that he intended to get possession ofthe War
Office through force.
| Stanbery objected to the evidence and ap-
pealed to the Chief Justice.
The Chief Justice decided the evidence out
| of order.
This caused considerable commotion in the
Court, and Senator Drake instantly appealed
from the decision of the Chair.
The Chief Justice stated that he, as the
presiding officer, had the right to say what
evidence should be allowed.
Drake again arose, but Senator Johnson
called him to order.
Butler addressed the Court in opposition
| to the view taken by the Chief Justice. He
claimed that the Chief Justice had not the
power to decide upon the admissibility of
evidence.
The Chief Justice stated that if his rulings
were not satisfactory, he was willing the Sen
ate should decide upon them.
The Chief Justice was about to put the
question to the Senate, when Bingham, of
the Managers, arose and addressed the
Court.
Senator Wilson moved that the Senate
tire for consultation, which met with a gen.
eral disapproval.
Senator Sherman submitted in writing
question asking the Managers for informa-
70 he American nraceheptS the
subject.
Boutwell,, of the Managers, responded in
an argument that the Constitution vested in
the Senate exclusive authority over all ques-
tons which could arise in the trial.
Bingham, of the Managers. read number
of quotations from authorities bearing on
this subject.
Evarts, from the counsel for the President,
took the opposite view Of the matter.
Senator Wilson then insisted on his mo-
ton to retire.
Thayer called for the ayes and nays.
The roll was called and there being twenty
five ayes and twenty five nays, tie vote, the
Chief Justice said he would vote in the
affirmative.
The Court then retired.
CHICAGO. April IA Republican special |
gives the following report Of the proceedings |
in secret session when the Senate retired for
deliberation
The discussion as to the powers of the
Chief Justice took a wide scope, and
was participated in by most ofthe Senators
present.
Ferry held that the Chief Justice had the
same right as the Vice President, and could !
vote in case Of a tie, but not decide law
points.
Conkling spoke in opposition to this posi-
ton, denying that the presiding officer had
the right either to vote or decide law points,
except points of order.
Sherman offered a resolution that under
the rules the Chief Justice had not the right
70 decide law points, which right is vested
exclusively in the Senate.
This led to an interesting debate, in which
4 majority of the Senators took part, by
which it appeared that a great diversity OF
opinion prevailed.
The Chief Justice made a very good
personal explanation of his views
n regard to his position when presiding over
he Court of Impeachment. He thought he
VAS entitled to certain powers as Chief jus
ice, when presiding over the Senate, by VIZ
ue Of his position, when that body was set
ing as Court.
Williams, Bavard and some other Senators
that the Chief Justice was en-
itled to this position by the Cons titution, in
,rder that the Senate may have the benefit Of
lis suggestions as the highest law officer Of
he Government, but admitted that he had no
Judicial authOrity-Only advisory powers.
Great difference of opinion was developed.
Henderson at length moved to lay Sher-
mans resolution on the table, which was
lone He then moved an amendment TO the
eventh rule, that the presiding officer may
ule on all preliminary questions and ques
ion of evidence, nnless some member Of the
enate shall ask that the question be submit
I'd to the Senate for decision, which shall
hen be done.
Sumner offered an amendment setting
1rth that the Chief Justice was not Sen
tor, was not in fact member of the Court, ,
nd had not the right to vote On any ques-
on.
The ayes and nays were called on this, and
was lost-ayes % nays, 2G.
The question then required on the motion
f Mr.. Henderson, which was carried by %
70.
No separate vote was had on the question
neither the Chief Justice has the right to
lst vote but some Senators intend bring
II that matter up for discussion tomorrow. :
There appears to be considerable feeling in
,me quarters as to the result. Some Sem
ors think that the action giving the Chief
lstice the power he now has under the
venth rule will be reversed.
When the Court returned to the Senate
lamber at G:3o, and announced the result
the deliberations, there was shade of
on the faces Of the Radicals
the action, which virtually sustained the
lief Justice in MS views.
The Court Immediately adjourned till to- I: