New-York tribune., 1868-04-01
THE IMPEACHMENT TRIAL.


CHIEF-JUsTICE SUSTAINED.
nv 1sLEsKAPH TO THE TRIsgSE
WASHINGTON Tuesday March 81 1868.
To-day's proceedings in the Court OF Impeachment
were exceedingly interesting and Important Prompt
Nv at halfpast 10 the Chef-Justice took the Chalr
and called upon the Sergeant-at-Arms to open the
Court by proclamation. The Managers, followed by
the members of the House, soon afterward entered
md the Court was then ready for business Manager
Wilson Immediately took the floor, and submitted
number of documents which the prosecution desired
to offer as evidence. Among them was Secretary
Stanton's commission, executed by Abraham Lincoln
in 1862 1t saws that Mr. Stanton shall hold the office
of Secretary of War during the pleasure of the Pres
dent At few minutes before o'clock Gen. Butler
called the first witness Mr. W. J. Mcdonald Chief
Clerk of the Senate. Having been sworn by tho
Secretary of the Senate, he testified ohIV
upon the correctnessl of the return maze
on q resolution informing the freslueht ol
the Senates action in refusing to concur IN the Ie
mOyal of Secretary Stanton. lie was the person VINO
served q COPY of this resolution upon the PRESIDENT
Next Cen Butler called Mr. John w. Jones, and IN
response. then came forward gentleman we'll
known around the Capitol as MIR. Foneys Private
Secretary and confidential adviser. He swOre, how
ever that he is keeper of stationery for the Senate
His testimony was substantially that he had served
a COPY of the Senate's resolution upon Gen. Thomas
whom he found ct a masked ball III this city. Gen.
Thomas was masked. But Jones knew his man by
the shoulderstTaps which defed the concealment OF
n baldress and stuck out in spite of 1t. Jones was
not an unwilling, but he was most inaudlble and
badly frightened witness lie approached the stand
as though it were gaOws. and seemed pleased
and relieved when be told that he was
no longer wanted. lie was not cross-examined. The
next witness was Mr. f. &. Creecy, appointment
41,o fiox no
testimony of the day. 1t made the Presidents cOun-
sci prick up their ears by proving that the President
had recognized theIvalidity of the Tenure-of-Omce
act by changing the form Of the commissions in the
Treasury Department since the passage of the act to
make them. conform with its provisions. 1t was
shown that before the passage of this law the CON-
missions read during the pleasure Of the President
but had SINCE been altered to read until successor
shall have been appointed and qualified The Presi-
dents counsel took cOpousnOtos during the eXamna-
ton of this witness, but did not crOsseXamine him
except with few unimporant questions as TO dates
Next came Burt Van Horn, member of the House
from New-YOIk. Gen. Butler while he examined
him. held in his hand a printed copy of
the testimony of the same witness before the I'M
peachment Committee, and the witness answered
from copy of the same document. His testimony
related to q conversation between Secretary Stanton
and Gen Thomas when the latter called to demand
possession of the War Office. Mr. Stanbery sub
jected him to very close and searching crOsSeXam-
ination. He asked him why he called on Secretary
Stanton that morning evidently expecting 20 get
from him an admission that be went there for the
express purpose of witnessing what he had related
lie then asked him how he came to remember the
conversation so well: 10 which Mr.. Van Horn re-
Piled that he took notes at the time. Are you ac-
customed to take notes n asked Mr.. Stanbery. The
witness was not, but lie thought this an important
occasion. Mr. Stanbery continued a raking fire Of
questions like these showing a tact and talent for
this brsiness that astOlshcd and at interested
the auditors. Mr.. Van Horn having said that at one
part of the interview Gen. Thomas said to Stanton
that he didn't want to have any "onpleasantness"
with him. Gen. Butler Immediately sprang to his feet
, and made him repe'H the word as enunciated by
Gen. Thomas, " Onpleasanness" Nh. StanbeTy
came back to the assault and badgered the witness
few moments longer. James X. Morehead, another
member Of the House. was the next witness called.
He YVES examined on the same subet. His testimany
was substantially the same Mr. Van Horns lie
was not cross-examined by any Of the Presidents
counsel Next, Walter A. Bnrleigh, delegate from
Dakota, was called 10 the stand. Mr. Stanbery
asked Gen. Batler what be proposed TO
prove by this witness Gen. Butler replied
that be intended to prove that in conversation
with Mr.. Burleigh the night before, Cen
Thomas called at the War Office Gen. Thomas told
Mr. Burleigh that he intended To use force II Deces
sary to get possession of the office Mr.. stanbery
interrupted Gen. Butler in the middle Of his eXpana
ton to say that the defense would object TO such
testimony; that what Gen. Thomas said TO Mr.. Bur
leigh in private conversation not admissible
evidence The ChiefJustce promptly decided
against the objection and in favor Of Cen Butler
Notwithstanding which AIT. Drake, who has for some
time been troubled with a notion that IT is very inn
porant to have it understood that the Senate is not
court Jumped 20 his feet and took exception, not TO
the decision but 10 the right OF the Chef-Jusice to
make it, He insisted that all questions must be put
To the Senate without any decision by the Chief
Justice.
The ChiefJustice explained his position TO be that
il was the duty OF the Chair to decide all questions
Of law and evidence but that any Senator might call
for vote IN the nature of an appeal This, however
would not satisfy Mr.. Drake who again arose and
had 20 be twice called TO order by che Chair in tones
far from pleasant before he would desist from his
seeming determination TO make a speech. The Chief
Justice said that while it not IN order Tor SEN
ator to debate il was in order for She Managers to do
90; and thereupon Gen, Bntler made strong and
pointed argument in denial Of the position assumed
by Judge Chase. lie was followed BY Messrs. Bing-
ham and Boutwell, TO the same effect Nh Wilson at
O'clock moved that the Senate retire for consua
tOn. Several Senator's cried No" No~ and Mr.
Thayer demanded the Yeas and Nays, which were
called the result te-2j 70 -. The Chei-Jns
tce voted IN the affirmative. The motion was car
ried. This Is the first instance during the trial IN
which the CheiJustice has been called upon TO eX-
ereiSe the right Of casting vote
The Senate returned to the reception room and de-
bate was at once begun. Mr. Ferry OF Connecticut
maintained that the Chef-Justce had the same right
~