The New York herald., 1868-03-06

body was court now when did the transformation take
placer ~ vss me ssnate when IL at twelve o'clock
Hhas Particular point OF time the transformation took
place. - all the question Of interest was 70 Be
rasso me -. q ,ns senator from Ohio ought
from Tennessee r Pstterson). who was closely al
lied with the President. Besides. every Senator who
Interested but degree less than the Senator rom
Ohio. The Senator from Ohio could not be- deprived Of
pos sSsS OK g Of Sup
vccused, the objection might be made and the whole
movements defeated BY reducing the body below a
Mr. HOWARD rose to call the attention Of the Chair to
the real question before the Senate and asked whether
sme ~ %oon tnas other Senators be sworn in
The CHE. JUSTICE said that the Senator from Indiana
having ob)octed 10 the Senator from Ohio aking the
OATH there was motion that the remaining names
be called emitting the namc Of the Senator from Ohio.
~ w. cas sd 'asrs was no rule recurring the
Ing names could bo called now He saw no necessIty
for further discussion OF this notion He thought it
II must be held that the trial had commenced and that
as the Senate had the solo power try mpeachments
and ~ the constitution also prescribed the admnsra.
on Of OATH II Of order TO interfere with the
taking Of that oath.
Mr. BUcKALEw, (dem) OF Pa asked II the rules did mot
provide that the presiding oicer shall submit ali aues
tions to the Senate But assuming il 90 be question
OF order, he contonded lhat the clause was intended
70 apply TO the old form OF taking the oath by Satcs
The Senate shad already adopted rule for excludidg
votes in particular casesa rule founded in Justice The
constitution to represent Oho On several occasions
recently Senators had presented themselves and had
been denied admission Here they were Organized
into court to decide tho gravest possible questions
the objection was made at the proper time as, II IL
were not now made, number Of members not qualified
to act might take part the proceedings and be judges
In the case IT was not only their right but their duty
to raise the question now They acting under the
constitution, most OF them having already been sworn
ana tho Chief Justice bong there to add guty
and disinteresedness to their deliberations and they
properly raised the question to be decided at
the earliest moment. II was question arising under
the Senate and they must meot IL before they could
organize He was content Ia take the decision Of the
Chief Justice Of tho United States and the opinion OF
distinguished commentator In preference to that OF
always made to jurors before they were sworn II
II would be TOO late.
Mr.. FRRIISoHUYsgS asked whether the Senator sup
posed the accused waived his right OF challenge by tho
Senators being all sworn He could challenge, II at ALL
after they were organized and therefore this was not
the time to mako the objection.
Mr.. BUCKALEw was not talking OF challenges. II had
not been put upon that ground by the Senator from
Indiana (Mr Hcndricks) Challenge was a right given
by the statute
Mr.. MORTON proceeded to reply to Mr. Buckalew. Ho
said the constitution had made this tribunal ITSELF and
they had no right to constitute one II was not i'm
p,rtant what they called the Senate now but 1t
material that they should act the constitution author.
lied them In the trial Of impeachment.
AT hat-past four O'Clock MI GRIMES after promising
that the Chief Justice having sat eleven O'Clock
must be fatigued moved to adjourn.
Mr.. HOWARD suggested that q court they could not
adjourn the Senate, and Mr. GRIMES TO adjourn
the court until TO morrow at ono o'clock
The CHIEF JUSTICE put the motion, declared II carried,
and vacated the chair whereupon the President pro tenn
having resumed the chair and called the order
Mr. ANTHONY tried TO call up some ponding business,
but on motion Of Mr. CHANDLER the Senate adjourned.