New-York tribune., 1868-03-02

~ that aud other expressions which he would 10
strike out, should tho motion prevail
Ilo amendment was lost, 10 To u.
The sixth article having been read, Mr.. SALISBURY
Dem, Deli moved 10 strike out the clause empowering
the presiding officer OF the Court Of Impeachment 10 call
in the assistance of the army and navy to enforce It's
commands claiming that the senate had no power 70 give
such orders. which. therefore, would be nullity.
Mr.; BUCKALEw Dem, PENN claimed that they
siding officer of the court power that he dd not other
wise possess. Their rules should De ony rucs oI otost
IL found necessary, the Court, when organized.
could make such orders.
Mr.. EDMUNDS rep, VT said that the rule only put
In force this existing power which, under the Consttu
tion they had right to do, and for which they had
precedents in the British Parliament, on which Their
usages founded II the Court when organized, found
itself eramped by any rule now made they could change
been ie Sre ot s SS dsSs t1p & @St Ger orders
ana mandates could DC resisted.
Messrs salisbury and B1eEse% saying that II the judy
ent OF any court resisted that court could call upon
make an order requiring the military power IN contem
plating future resistance DO certain acts There should
II must be the result OF legislation not Of order Of tho
Mr. SHERMAN Rep., Ohio remarked that the Consti-
tuition had already provided for the enforcement OF their
Judgment and was In the power OF any court to enforce
execution OF its interl0cutory orders.
Mr. HOWARD rep, MichJ said that the Senate was
clothed with certain powers under the Consultation.
which instrument not providing the for their
cuton, 1t not clear implication that they could ell
force any order necessary 10 carry out that dutyf
Mr. JOHNSON Dem., Md concurredin the opinion Of
lams) Ifme VicePresidert octing Presideas
found guilty e President OF he Senate By the Consultation
became President and empowered 10 call o the
and nary 10 maintain himself such under the Oonstt
ton, the present Erecire eedsing from the roDes he cas
found gully.
Mr.. HOWARD-Suppose he should refuse to vacate
Mr.. JOHNSON replied that the Constitution empow-
cred his put him out by fierce. It sub
ect Of legislation and the Supreme Court would have
much power to enforce its Judgments the Senate to en-
force theirs He said the Senator from Ohio Csherman)
was mistaken in supposng that could enforce its
Senator from Vermont (Edmunds) was never contem-
plated by the President anybody else and the power
Mr. FRELINGHUYsEN (Rep, N. JJ thoughtit danger
Gus to assume any power not given by the Constitution
Mr.. EDMUNDs also held that opinion.
MT claimed @ mat ine senate @ & coaio eniorco
Mr.. HENDRICKS asked what the Senator understood
Mr.. EDMUNDS replied, the overruliDg of a motion to
dsmlss; declaring witness In contempt for refusing :"
Mr.. SHERMAN moved to strike out the word "judg
Mr. HENDRICKS deprecated the use Of such language
in the present aguated condition OF the country Even
had they this it unnecessary for any good pur
Mr. TRUMBULf REP, ILL., thought that the old form
would be satisfactory 10 everybody AT this tme when
take the old rules adopted nearly seventy
years ago, upon which Ave trials had already been had
make any rules necessary, and the whole world would
say that the Senate justified. he would not now,
| however, put It into straight Jacket
| Mr.. CONNESS (Rep, Cali asked whether the Senator
meant to be understood doubling the authority OF Con
gress In the premises.
Mr. TRUMBULL was OF the opinion that the Senate
had all the authority necessary 10 adopt the requisite
means TO carry into effect Its orders.
The amendment by Mr. Sherman was agreed 70.
Mr. BUCkALEW suggested that the sixth rue was nn,
necessary the nth containing all the power that would
be required. .
Mr.. CoSNEss held that the fifth could not take tho
place OF the sixth
After further discussion, Mr.. Trumbulls amendments
was agreed TO by the following vote: