Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-06

when the name of Senator Wade was
called, s3ITI III
Mr.. HENDRICKS rose and put the ques1
| tion to the presiding officer whether the
would succeed in the Presidential office,
was entitled to sit as Judge in the case?
Mr.. SHERMAN argued that the consti-
tuition itself settles that question. 1t pro-
vided that the presiding officer should not
preside on the triatof an impeachment of
the President, butbeing Silent as this right
to be member of the court it follows by
| implication he had the right. s&
Mr.. HOWARD argued to the same
effect. @ 5S-5j ags ..jll..r f,5.ssffr aoF
,Mr,JOHNSON.a assimilated this claim to
an ordinary judicial proceeding, and re-
minded the Senate that no judge would be
| allowed to sit in a case where he had di-
rect interest. He submitted whether it
| was not proper to postpone its decision un-
til Tomorrow, in order particularly that
the proceedings of the English House of
Lords might be examined. He moved,
| therefore. that the question be postponed
till Tomorrow. 5ars7ss NAp' 2isa.s p
Mr. HENDRICKS claimed that when
Mr.. Wade should come to be presiding Off
Ger of the Senate he could be sworn in, but
now he was incompetent. In the case of
Senator Stockton, of New Jersey, the ques-
ton had been decided. There it was held
that the Senator being interested in the re-
suit of the vote he had no right to vote.
He hoped the motion, of the Senator from
Maryland would prevail ssz.T4Eiis -
The debate was continued at great length
by Davis, Hendricks and Bayard against
Wade's right to sit as a member of the
Court, and by Mr.. Morrill,, of Maine,
Williams, Howard, s. Morton, Sherman,
SrLz ner. Howe Drake and ThayerS in
| favor thereof 's,1 > - ,-'.'- = -
Mr.. MORTON argued that there was no
person,here authorized to make objection,
because it was the rightof party to waive
| the objection of interest on the part of the
Judge or jury, and the President. when he
came here for trial, might say, 'sWhy was
| not.the Sanator from Ohio sworn ?" The
theory of his collssgue {Mr. Hendricks)
| was false. This impeachment was to be
ftried by the Senate. The Senator from
| Ohio was Senator, and his rights as, such
could not be taken from him. His election
as presiding officer took from him none OF
his rights as Senator, but aside from thti
he repeated that there was no person here
entitled to raise the question. sr.a aisla
/ Mr.. HOWE claimed the question of law
was clear, that the Senator from Ohio was
entitled to participate in this trial. If the
Constitution was silent on the subject, he
would have challenged the right of the pre-
siding officer of the Senate to preside on
this trial. The Constitution, however, had
proyided for that case, and had gone nc
further. If any objection did exist to the
Senator from Ohio, the only party who had
a right to raise the objection was not here
and not represented here. ya. ..,.n - 4 a
i Mr.. THAY Err argued that if the ques-
tion of interest was to be raised in the ease
lot the Senator from Ohio, it might with
greater reason be raised against the Sena-
Or from Tennessee, who was so closely al
lied with the President. Besides every
ISenator who might succeed to the office Ol
Ipresiding. officer was also interested but
lone degree less than the Senator from
fOhio.. -,.,,-.ls. - = r. s = & &
| Mr.. HOWARD desired to call the atten-
ltion of the Chair to the real matter before
the body, and inquire whether the pending
Imotion, that the Senator be sworn in, wa:
| Chief Justice Chase replied affirma
ltively. 5s4.,.i. -, :. .-5, s5e
| fMr.HoWARD suggested that he coult
llnot see the necessity of expending furthe
lltime on this motion. 1t was pure ques
Ition of order. The Senate of the Uuitrt
States was endeavoring to put on judicia
functions. 1iss
HOUSE OF FREPKEsENTATIvE II
/ Very few members were present. Many
had gone home, expecting no legfslativ,
business ito be done during the trial of i'm
lpeachment. ~
Mr.. ELIOT introduced bill providin,
that in case of ;rthe removal of the Chic
lJustice of the Supreme Court or death o
resignatiOn,afhe duties of the office shal
devolve upon the Associate Justice who's
commission is senior in time until the dis
ability bearemoved or another Chief Justic
appointed. Referred to Judiciary Ito re
port at any time. esfssS- 9 H'--oi' 'l.s2 az
Mr.. EGGLESTON presented resolution
of Germans of Cincinnati in reference Il
the treatment of emigrant passengers Re
fered to Commerce Committee, .1.,, ,''s 5-,s5 et
II Mr.. BANKS introduced a bill to incor
,|.porate the National Art Union Assoeia
ltion. Referred to committee on District o
Columbia ID ia.a s,..a ai.i-s s.aa 80
The Banking committee was instructe,
to inquire into the expe9iencySof amend
ling the general banking law, SO that Stat
.Iful PAYMENT of debts, may be relieved iron
lmaking, monthly statements, and iron
I.payment of tax on outstanding circulation
The House then took up the case of 4
IR. Butler, Representative elect from tn
IFirst District of Tennessee.
Mr.. CHANDLER advocated Mr. Butler
claim to a seat.
Itself into committee of the Whole to at
tend the impeachment managers at the ba
of the Senate. iH9 - ieEcii'i'+ os-t
Mr.. FARNSwORTH opposed the mo
tion, as only managers were invited to
present.. 81 g. erd s4s-:s-s ss
Mr.. BINGHAM stated the issue had nc
vet been joined. Until then it was unnec
essary TO add the attendance of the House
Mr.JUDD withdrew his motion. &
The managers proceeded to the Senat
Chamber, and the discussion on the Ten
nessee election case was resumed. it.i Ia
During the discussion Mr.. MEYERS sal
the country was mreh interested in the an
nouncement that the committee on Way
and Means were about to report bill {
repeal the tax On manufacturers. Asa de
termination of the question by the Hons
would take much time, he suggested that
bill be passed relieving manufacturer
2 from duty for a limited time, or until tn
system be perfected, or for sixty days.
Il MIR. SCEENCK remarked that the pres
Z ent laws were In about twenty statutes, an,
consequently were in. piecemeal., Som
contain what is in others. Some contra
dict and some modify others. The actua
condition of the law could be found onl,
by collation., comparing one part with an
T other, and making one body OF all the law
l consistent in all their different parts. If
Joint resolution or bill, such as the gentle
man from Pennsylvania had suggested, b
4 passed.: it would of course except tobacco
II distilled spirits. &C., from its provisions, al
of which would be provided for in genera
| regulations. He thought an adjournmen
over would enable the committee on Way
and Means to facilitate their business, TO
! although the committee were authorized {
] sit during the session of the House, it wa
| a divided allegiance. The committee woul
provide for the taxation of certain thing
j and say nothing about others. The qnes
tion should be submitted to the committe