, 1868-05-08
A Scene in the senate.

A sketch of a notable scene in the U. s. SsnS
ate, sitting as High Court of Iupeach ment, is
thus given in late st. Louis paper:
Next Walter 4. Burleigb Delegate from Daco-
tab, was called, aud Mr.. Staubery asked Mr..
Butler what be proposed to prove by the witness,
Mr.. Butler replied that he intended 10 prove
that, in a conversation with Burleigh the night
Gen. Thomas called at the War Office, be (Thom-
as) told Burleigh that be 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 the de-
fence would object to such testimony. What
Gen. Thomas said to Bureigh in private con.
versation was not admissible as evidence.
The Chief Justice quickly decided that sucn
evidence was not admissible. But he had scarce
ly uttered the last words of his decision when
Senator Drake rose to his feet and said that be
objected to such questions being decided by the
Chair. They must be put to a vote of the Sem
ate. His remarks to this effect were uttered 10 a
loud an angry voice, and coming so quickly after
the Chief Justices ruling, conveyed the impress
sion that Mr. Drake had been on the watch for
something OF the kind. The Chief Justice stated
bis position to be that it was bis duty to decide
all questions of law and evidence, when submit
ted subject to appeal on the request of any
Senator. But this would not suit Mr.. Drake,
who jumped to his feet again, iu a great rage,
and was about 10 argue the matter, when be was
reminded that be was out Of order, and several
Senators fatty told him to sit down.
Managers Butler, Bingham and Boutwell, fol-
lowed each other 10 arguments to show that the
Chief Justice had no right TO decide any question
raised in the Court.
Mr.. Drake again raised himself, but was
promptly raped to order by the Chief Justice,
who had by this time become quite nervous,
much excited and a little angry at Mr., Brakes
persistent obstinacY. He had to repeat the rap
and the call of order twice before be could get
Mr.. Drake quieted, and the indications at one
time were strongly in favor of a disturbance.
The galleries partook of the excitement on The
floor Senators began to feel alarmed, and felt
that Mr.. Drake had unnecessarily taken issue
With the Chief Justice. Mr.. Fesseuden growled
at Mr. Drake, who sat in bis seat with the air Of
one who had just saved the Republic by that
point of order Of his. In the midst Of the dis
turbance Senator Wilson submitted q motion
that that the Senate rest for consultation, and
several Senators (Mr. Sumner among them) cried
ont "No, no. and Mr.. Thsyer, who also was
opposed to the proposition, promptly called for
the yeas and nays. The yeas and nays were or
dersd and called. The result was anxiously
awaited. 1t proved to be a tie-25 to 25. The
Chief ustice decided in the affirmative, and the
Senate retired. This was the FIRST exercise of
the right Of the casting vote since the commence,
meut of the trial, and the use made Of it dis
pleased the radicals very much. The, Senate
retired at three o'clock and remained in the con
sultation room until six minutes to Eve O'Clock,
when they returned to the Senate Chamber.
The Chief Justice announced, as the result OF
the eonsuIJation, that the seventh rule had been
amended so as to allow the Chair either to de-
eide questions Of law and evidence, suojset 70
an appeal by any Senator, or to submit them 70
the Court for decision. This practically ana
fully sustains the Chief Justice sgAiust Mr.. Drake
against whom some Senators are very Wrathy 70
night. The vote In secret session was 26 70 70.