Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-03


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THE POWERS AND DUTIES OF THE
CHIEF JUSTICE EXCITING DE
BATE.
The episode in the Senate on the 3lst
ult, when Chief Justice Chase asserted
his right to decide questions Of law and
testimony, was of more exciting and
significant character than the associated
press report would indicate. The Wash-
ington correspondent of the Cincinnati
Commercial gives this version of the af-
fair:
Next Walter A. Burleigh, delegate from
Dakota, was called.
Mr.. Stanbery asked Mr.. Butler what he
proposed to prove by this witness.
Mr.. Butler replied that he intended to
proved that in conversation with Mr..
Burleigh, the night before General Thomas
called at the War Office, General Thomas
told Mr.. Burleigh that he intended to use
force, if necessary, to get possession of the
Office
Mr.. Stanbery interrupted Mr.. Butler in
the middle of his explanation, to say that
the defense would object TO such testimony /;
that what General Thomas said to Bur
! leigh, in a private conversation, was not
admissible evidence.
The Chief Justice quickly decided that
such evidence was inadmissible, but he had
scarcely uttered the last word of his de-
csion, when Senator Drake rose to his feet,
and said that he objected to such questions
being decided by the Chair. They must
be put TO a vote of the Senate. His re-
marks to this effect were uttered in loud
and angry voice, and coming so quickly
after the Chief Justices ruling conveyed
the impression that Mr.. Drake had been on
the watch for something of the kind.
The Chief Justice stated his position to
be, that il was his duty to decide all ques-
subject to an appeal on the request of any
Senator. But this would not suit Mr..
Drake, who jumped TO his feet again in a
great rage, and was about to argue the
matter, when he was reminded that he was
out of order, and several Senators told him
to sit down.
Managers Butler, Bingham and Bout
we'll followed each other in arguments to
show that the Chief Justice had no right
to decide any question raised in the court.
Mr.. Drake again raised himself but was
promptly raped to order by the Chief
Justice, who had by this time become quite
nervous and much excited, and a little
angry at Mr.. brakes persistent obstinacy.
He had 10 repeat the rap and the call of
order twice before he could get Mr.. Drake
quieted, and the indications at one time
were strongly in favor of a disturbance.
The galleries partook of the excitement on
the floor, and the Senators began TO feel
alarmed. All felt that Mr. Drake had
unnecessarily taken issue with the Chief
Justice. Mr., Fessenden growled at Mr..
Drake, who sat in his seat with the air of
one who had Just saved the republic by
that point of order of his.
In the midst Of this turbulence Senator
Wilson submitted a motion that the Senate
retire for consultation. Several Senators,
Mr.. Sumner among them, cried out "No,
no" and Mr.. Thayer, who was also OPP
posed 10 the proposition, promptly called
the yeas and nays. The yeas and nays
were ordered and called, and the result
was anxiously awaited IL proved to be a
TIES to %. The Chief Justice decided
in the affirmative, and the Senate retired.
This was the first exercise Of the right
of the casting vote since the commence.
menl of the trial, and the use made of it
displeased the Radicals very much.
The Senate retired at 8 o'clock, and re-
manned in the consultation room until 6:l5,
when they returned 10 the Senate chamber
The Chief Justice announced as the re-
suit of the consultation, that the seventh
rule had been amended so as TO allow the
Chair either to decide questions of law and
evidence, subject TO an appeal by any Sem
ator, or TO submit them TO the court for de-
cision. This practically and fully sustains
the Chief Justice against Drake, against
whom Senators are very wrathy tonight.
OF the character of the debate in the
secret session Of the Senate when that
body retired for consultation, the Wash
ington correspondent of the Cincinnati
Gazette gives this inkling
The debate Of the Senate in secret SEES
sion lasted three hours, and was, in some
respects, Of heated character. Mr.. Chase
defended his position in two speeches. He
was opposed by Messrs. Conklipg, Thayer,
Howard, Drake, Cameron and CONFESS,
and upheld by Edwards, Sherman, Viii
liams, Buckalew, johnson, Bsyard, Davis
and Henderson, though the latter held that
he had no right to vote, under any circum-
stances. The vote most directly bearing
on the question, was on two points made
by Mr.. Sumner: First, that Mr.. Chase
had no right to vote; and, second, that he |
had no right to announce any decisions |
except those of the Senate. Upon these
the vote s,ood-yeas %, nays &c. Mr.. I
Ferry finally proposed TO amend the rule |
covering the whole matter, 30 as TO make /
il exactly as reported by the committee
which first drafted the rules TO govern the
trial and this WA missed nv 81 10 10