New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-07


tho Senate must determine for itself every question
which arises unless the Chair is permitted TO deterne
In case Ut this Sort affecting nearly the equalization
OF this DOdyhe Chair feels himself constrained 70 SUB
init the question OF order To the Senate VIII the senator
from Michigan state his point OF orderfn writing
MT. DIXON arise 90 point OF order. J., -,,
Tho CHIEFJUSTICE-A point Of order Is already
decided
Mr. DIXoN-I desire to whether point Of order
cannot be made with regard % that question.
Mr. HOWARD called Mr.. Dixon to order on the ground
that the 2d rule adopted by the Senate for the govern
ment Of the Court required all questions OF order 10 DO
The CHIEF ruled that the Court was not yet
organized and therefore, the sd rule was not binding
Az APPEAL FROM THE cHIEFJusTIcE. .Ao
From this decision Mr.. DRAKE appealed and the
question on appeal was taken by Yeas and Nays. -
The CHIEFJUSrICE-The Chair is of the opinion thh.
point OF order can be made pending another po' Vi
Nj. HOWARD prepared his point of order and sent it
THE cmEF,TUsTICE INVITES DEBATE.
! OBSERVATION-DISCLOSURES The point OF or9 ger, SUI
mitted BY the senator from Michigan Is ~ 52ggS?
readiug "That the objection raised TO administering
the oath to Mr. Wade ia out OF order and that the motion
Of the Senator from Maryland TO postpone dhe au,s
terng of the oath TO Mr. Wade until other Senators are
sworn Is also ont OF order under the rules adopted by
the Senate the ID OF MARCH, instant anu unel e
Constitution OF the United States" The question Is open
MT DiXoN-Mr President.
Mr. DR&KE-I cali the Senator to order. Under the
rpes OF the Senate questions Of order not debatabe
Mr. DIXON was understood 70 say that questions OF or
der referred to the Senate were debatable.
Mr. DRAKE-I do not so understand the rules OF the
Senate. There can be debate upon an appeal from
decision of Chair but there can be no debate in the
first instance upon question Of order, as understand
CHIEF-JUSTICE-The Chair rules that question OF
order is debaable when submitted to the Senate o Can
Mr.. DRAKE-II am mistaken in the rates OF lhT 80
ate that subject would like 70 be corrected O"
The CHIFFJUsTICE- Senator from Missogi, IS
out Of order unless ne appeals from the uecISion "
Mr. DRAKE asked leave to read the sixth RUE PRO
vding that when member shall pe dovTn and not PRO
the President or % senate and every question
of order shall be decided by INC rItsiuon' "iOu u"
bate 96Ig1R 0Y ssd that the rule applied 10 submission
TO the senate, without which question was not uepa'
Mr DIXON responded that the question was now pre-
sented in different shape rom thst Seie g
tors after all this question OF ORDER ana ought
to be so decided me question nUw 10 re- bodv The Sen
ator from ONO could take the oath on ha question: lie
proposed to address the senate, ht e Py u, tbe
United states TO be tried before TINS DOdy III us luu
articles of impeachment presented by the House OF
NJ nyon he sboud be convicted the Judgment OF the
body NAV extend TO his removal from Office and to ms
caton hereafter 10 hold any Ofce or pIOft or
triit nnder the United states How far the judgment
would extend in case OF his conviction, OF course i'm
bfy n would extend AT least az far as his removal
from Office In that event, the very moment that the
Judgment was rendered, the office OF President OF the
United States with oil It's powers and all its attributes
wOuld De vested in The Senator from Ohio, now holding
the office of President Of this body. The Office would
vest I'm the President OF the Senate for the time being
and the question before this body is for this tribunal
10 decide whether upon the trial person holding the
Office President Of the Senate, and in whom the ONCE
of President OF the United States. upon conviction rests
can be judge upon that trial That Sir is the question
before this tribunal
Mr. SHERMAN called the Senator to order. He
claimed that the Senator was not in order in speaking
upOn the general question OF impeachment, when point
II order bad submitted to the Senate by the Chair
Senators should adhere 20 the rules Of the senate
The CHIEF-JUSrICE lutnated that the senator from
Connecticut should speak within the rules.
Nh DIXON said that II allowed 10 go on without inter-
ptOu ne had proposed into the general merits OF
the questions: but IL appeared 10 be the opinion OI the
Senate he could not do nc would not lespass
He proposed discuss the question under the COnsttu
ton, use ana rules Of order -.
Nj. HOWARD call the Senator from COnnecucut 10
order and ask whether it IN order TO take an a
peal from the decision Of The chair.
Mr.. DIXON submitted that that was not such ques'
ton Of order as the Senator had right 10 raise The
only question that he had right to raise was whether
he Dixon out OF order.
Mir. HOWARD-Very well. / raise that question dis
tincty call the Senator to order make the point
that adopted 10y the Senate declares that all
orders and decisions shall be taken by Yeas ana Nays
without debate.
Senate when organized for the trial Of an lnpeac hne
II not vet organized and IN the opinion OF the Chair the
2Si rule does not apply at present.
Mr. DRAKE appealed from the decision.
The CHIEF JUSTICE Tostated the decision ana added
that the question was shall the opinion OF the Chair
stand as The Judgment of the Senate
THE 1uestr0n was taken by Yeas and Nays, and re-