The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-02
the word as accented by General Thorn
90

the word as accented by General Thorn
as-"unpleasantness."
Mr.. Stanbery came back to the assault;
aud Gadgered Mr.. Van Horn a few mo-
ments longer, asking him why he did
not make a note of this remark at the
time, along with his other notes; why
he put down "Good morning, Mr.. Stan
ton" and "Good morning Mr.. Thomas" /"
and left out "unpleasantness."
Finally Mr.. Van Horn was dismissed,
much to his qualification and relief.
James +. Morehead, member of Con-
gress from Pittsburgh, was called. He
was examined on the same subject as
Mr.. Van Horn, and testified substan.
tally the same.
Next Walter A. Burleigh, delegate
from Dakota, was called.
Mr.. Stanbery asked Mr.. Butler what
he proposed to prove by this witness.
Mr.. Butler replied that he intended
to prove that in conversation with
Mr.. Burleigh, the night before General
Thomas called at the War Office, Gen
eral Thomas told Mr.. Burleigh that he
intended to use force, if necessary, tO
get possession of the Office.
Mr.. Stanbery interrupted Mr.. Butler
in the middle of his explanation, to say
that what General Thomas said to Bur.
leigh, in a private conversation, was
not admissible evidence.
The Chief Justice quickly decided
that such evidence was inadmissible,
but he had scarcely uttered decision,
when Senator Drake arose to his feet
and said that he objected to such ques
tions being decided by the Chair. They
must be put to q vote of the Senate.
His remarks to this effect were uttered
in loud and angry voice, and coming
so quickly after the Chief Juftice's rul-
ing, conveyed the impression that Mr.
Drake had been on watch for some
thing of the kind.
The Chief Justice stated his position
to be, that 10 was his duty to decide all
questions of law and evidence, when
submitted, subject to an appeal on the
request of any Senator. But this would
not suit Mr.. Drake, who jumped to his
feet again in great rage, and was
about to argue the matter, when
he was reminded that he was out of
order, and several Senators fatty
told hint to sit down.
Managers Butler, Bingham and Bout
we'll followed each other in arguments
to show that the Chief Justice had ne
right to decide any question raised in
thu Court.
Mr.. Drake again raised himself, but
was promptly raped to order by the
Chief Justice, who had by this time be-
come quite nervous and much excited.
and little angry at Drake's persistent
obstinacy. He had to repeat the rap
and the call of order twice before he
could get Mr.. Drake quieted, and the
indications at one time were strongly
in favor of disturbance. The CALLER
les partoOk of tie excitement on the
floor, and the Senators began to feel
alarmed. All felt that Mr.. Drake had
unnecessarily taken issue with the
Chief Justice.
In the midst of this turbulence SEN
ator Wilson submitted motion that
the Senate retire for consultation.
The Senate retired at o'clock, and
remained in the consultation room un-
til 6:l5, when they returned TO the Sen
ate chamber.
The Chief Justice announced as the
result of the consultation, that the Sew
enth Rule had been amended so as to
allow the Chair either to decide qucs-
tions of law and evidence, subject to an
appeal by any Senator, or to submit
them to the court of dicision. This
practically and fully sustains the Chief
Justice against Drake, against whom
Senators are very wrothy tonight. The
vote in secret session. was 26 to %. The
court adjourned at 6:2O P. NJ.