The New York herald., 1868-03-03

cue incdentai questions unless . formal vote OF the
Mr. SHERMAN opposed the amendment on the ground
Inat the presiding officer mus. decide htte questions
which would otherwise involve grea, delay.
Mr. DRAKE held that the Cnlef Justice in presiding
bad no moro power than the Vice Prssden, would have
" IN the same position no should not be subjected
| TO . reversal Of his decisions by them.
Mr. HOWARD said the committee had inserted tho
provision to save trouble and delay but ne nov saw
future that would anagonize them 10 tue chief judicial
officer Of The government He offered an amendment
which Mr. Drake accepted providing for Tho submission
by the presiding officer OF ali incidental questions 10 lhe
Senate to be decided il demanded by onesx,n OF tho
members, by tho yeas and nays.
Mr.. BrcKALrw thought tho motion OF Mr. Draks was
preferable. He advocated II at length, holding that
they must either regard Tho presiding officer as
ber not q MEMBER. Tue decision on The admission
OF evidence might produce material efsct on triaL
Mr. SHERMAN warned them that difficulty might result
from changing this rule. II he lsr shermanl had tho
power raise point at every stop OF tho trial aud no.
cessitate vote by the Senate. bo could proong 4 for
two months. II was the usage Of all bodies TO- snbml,
greatly expedite business Ho doned that any grave
Constitutional questions we're Involved and that is
strange such point was raised az this tIme
Mr. WILLIAMS argued that the intention OF the const-
tuition TO constitute tho Chief Justice in effect mem
Der OF the court and TO empower hun TO decide in qaes-
lions hore as no would in any court as ITS presiding
oicer To do otherwise would DO 10 act with sort or
Jealousy and make him sort Of nguronead
Mr. CoNKLIyd said when tho Lord Chancellor and Lord
Steward sat in tho LORDS IN England presiding az i'm
peachment they not considered members of the
body as to cast vote, but simply speaker or
chairman pro TIM He quoted several precedonts
in support OF his view
Drake
After further debate Mr.. PoMERoY trep) OF Kansas
moved to amend verbally by striking out tho portions
calling the Senate a court &c.
At ten o'clock Mr.. HENDRIcKs said as tho committee
was not satisfied with its own report he would to
adjourn.
The yeas and nays called and the motion
lost BY to ~ votes-Nes Buckaiew, Hendricks,
McCreery, Sprague and Van Winke voting aye.
Mr.. PoMERoy supported his amendment insisting that
u leit me question whether they were or We're not at
court just as the constitution left it, simply gave
the presiding ofAcer the powers OF moderator.
Tho amendment was lost by tho following voto:-
YkAs-Mes Anthony Coe. Harlan Hendricks iIow'.
anS mS'yu wiam s f0ner0y Nam'ey Shsm"n' van "hAe
costs PssS re dorS csns sr
gan. gam sPrasne, Stewart. fhayer. wiioy. Wilson and
Mr.. Howard's amendment was adopted by tho follow.
ing vote:-
ns aas'S Sss. COLI
D% wns Nsif %sV wsa sga Y%s rhas' Van
NAys-Messr: Anthony, hsadricks Mccrecry, Morrill, Of
VT, sherman, Sprague and wiams-7.
Mr. FERRY moved 70 amend by striking out In various
sections the words High Court Of Impeachment" and
other language conveying the implication that the
Tho amendment was agreed to.
On motion OF Mr.. DaAKR the provision in the twenty
fourth article administering tho same oath to the pre-
siding officer as to Senators, was stricken out.
Mr. BucKALEw thought the amendment proper. but
that an oath Of some kind should be administered the
MI. PoMesoY contended that his oath as Chief Justice
covered the point
Mr.. BUcKALEw pointed out that tho Senate took
additional oath In becoming n court
Mr. PoaERoy said they did under tho constitution,
which did not prescribe any for the presiding ofccr.
Mr. MCCREERy moved TO insert the words saturday
and before the words ''except sundays in the third
section. providing for daily sessions Lost.
Mr. BUcKAIEw moved 10 strike out the words $50
help you Godn at tho end Of tho oath -,
the ground that Alternatives well oalhs
ceived Lost.
Tao rules sere then passed finally, and at quarter
before eleven the Senate adjourned.