The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-04-01
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MIDNIGHT REPORT.
ALth CONGREsS---Second Session
WASHINGTON. March 81.

WASHINGTON, March 81.
SENATE.
After few petitions we're presented, the
chair was taken by the Chief Justice.
The impeachment mansgers and members
of the House took their places.
The Presidents counsel entered and took
| serts.
The galleries were half full
Mr.. Wilson offered documentary evidence,
including q Senate resolution Of January
| 18th. and an extract from the Senate journal
showing the action Of the Senate thereon, q
copy Of Mr. Stanton commission from Pes
ident Lincoln, under which ouly, Mr.. Will
son said, Mr. Stanton claims TO hold his Of
| fee.
| Mr.. Mcdonald was called, and aitested the
| notification OF the President of the action of
| Congress, And also the service of the resoiu
| tions OF non-concurrence in the removal Of
| Stanton.
| J. w. Jones, Deputy Marshal of the Sn-
preme Court, was sworn. He testified that
| be had known General Lorenzo Thomas for
six years. and had served on him a summons
| OF the District Supreme Court on the 2lst Of
| February, at IL O'Clock at night, and made
| returns, which was read.
| The resolution of the Senate, that the
| President had no power TO remove Stanton,
| was then read.
Mr.. Creery. an appointment Clerk In the
| Treasury Department, was sworn, and testi-
fed to the form OF appointment used in the
| Department prior to March, 1867.
Mr. Stanbery inquired what was the object
Of the testimony?
Mr.. Batter replied that it was to show that,
after the passage Of the tenure Of Office act,
the President signed q different form cf COM
mission, made in accordance with said act,
thereby recognizing its binding force and Ie-
galty.
The witness testified to the charges indi-
Gated, which we're read by Secretary Forney.
The words stricken out we're during the
pleasure of the President, for thetime being y
The form Of . commission for Treasu-
RI appointments was aso produced, and the
witness testified to striking out Of the same
their place of .be words unless this commits
sion be soon revoked by the President OF the
United States, for the time being
Mr.. Van Horn, member OF the House,
stated that he was present at the War De-
pertinent on Saturday, the 22d of February,
at two minutes past | ! clock, when Lorenzo
Thomas demanded Of Mr.. Stanton possession
of the Office of Secretary Of War. lie tes,i-
fed Gen. Thomas, after exchanging saluta
tons with those present said to Mr, Stanton:
Il am Secretary of War ad interim APP
pointed by the President to take possession
of this Office Mr.. Stanton ordered him to
repair to his room and perform his duties as
Adjntant General, which he refused to do, |
saying he intended to exercise the functions |
OF Secretary of War. and would receive the |
mails Of the Department. Mr.. Stanton told /
him he would do at his peril. Gen. Thomas
hon faff ha md w5fp 49, l.
in the room Of Gen. Schriyer.
The witneaa was crnss-examined by Mr. |
Stanbery. relative to his business at the War
Department, who accompanied him, &c /
Witness said he went with Mr. Stan.on to |
Ar. Schriyer's room, and was requested by /
MIR. Stanton 10 take notice Of the question |
be was about to ask Mr.. Thomas, which was,
whether he intended to obey his orders as
Secretary of War
Mr.. Thomas replied be did not.
Mr.. StanberY wanted to know the obi ,ct of
this examination aa 10 the conversation be |
tween witness and Thomas.
Mr.. Butler replied that it was to show the
intent and purpose OF Thomas was to take
possession Of the War Department by force.
Dir. Stanbery objected TO the testimony and /
the objection was sustained by the Chief
Justice.
Mr.. Drake said the question should be
submitted to the Senate, and appealed from
the decision of the Chair.
The Chief Jo4tiee said j. was his duty ac-
cording to the rule.
Mr.. Drake said there was nothing TO give
the Chief Justice that right.
Mr.. johnson called Mr.. Drake to order on
the ground be could not debate the question.
Tie Chief Justice said when a point in
evideace or form OF law came before the
Court, in the frs. instence the Chief Justice
vas the proper person to decide it. and then
the Senate on its being submitted to them at
the suggestion Of q member.
Mr.. Butler argued thar the presiding officer
of an impeachment court had no right to de-
eide questions of law or evidence. The Chief
Justice then stated the point was raised for
the decision of the Senate.
Mr.. Drake objected to the ruling of the
Chair The Chief Justice called the Senator
to order
Mr.. Conkling called for the reading of the
Ith rule, and it was read.
Mr.. Bingham maintained that the rule only
authorized the Chair to submit questions to
the Senate when the yeas and nays were not /
called for by one-fifth, and that the Consfitu-
ton itself, in saying the Senate should have
sole power to try impeachment, settled the
whole question. The rulings of Parliament
decided that the presiding officer had no part
in passing on questions of law, but was there
only in . ministerial capacity, with no right
to make decision. He contended it was
matter of great importance whether the House
could reach the Senate directly or whether
the Chief Justice stood in the way. II the
precedent be established, We might some day
have Jaeries in the chair in the White +
House and q Jefferies in the chair of the /
Ch:af Jnatice.