The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-01
f. IMPT ACH NJ EN T.
CONTINUED FROM THIRD PAGE.

CONTINUED FROM THIRD PAGE
senate without ssrsuaon with or %d ,ne Il s
know it to be worthy OF con 1s Guao,
me cCn com lint m1sssap ocer there hold that
the Judgment must be exclusively here. Still
should S willing 0 ,se shall his Opinion
his ruling If you please on accidental questions OF
M s a Senate sas on ans ons e
the Managers any one acting as counsel for the
y Sss sss ruKns the spe Of
siding onicer is correct or otherwise. In the
Lore Mse volume aC,ns
upon this idea. question OF the admissibity
Of evidence having been argued by the managers on
the other side Lord Erskine said, 'If any noble
lord is DESTROYS that the subject should be matter
OF further consideration in the chamber OF Para-
ment II viii be proper that he should now move an
adjournment. If not, have formed an opinion and
the duties of the chair With respect the rights OF
the House OF Representatives and to the rights of the
respondent should not for myself object; but
cannot oonscientiously even in this presence,
sent this doctrine as matter OF right, that the
presiding officer OF the Senate Is to decide this
In the power Of the Managers to take the judg-
ment of the court SO to whether the decision Is
Mr. BnGnAM one Of the Managers rose to call the
attention of the Senate to an abstract which he had
made the question. IL was TO the erect that
Judges of the realm ana the barons OF the ex-
chequer we're no part of the House OF Lords except
Tor mere illISleTJd purposes Iudt VIC PSSiS aiC
not trers or jurors only but also judges, both Of
law and OF fact, and that the judges ought not to
give any opinion in matter OF Parliament This
brief consideration is all that 1t possible for the
reporters to make on account or the mpoSsbilty OF
hearing distinctly in the gallery and OF the total
lack OF facilities for properly reporting these most
important pToceedngs.]
Mr.. BUTLER referring to the question put by Mr..
Sherman some time back, cited precedent in the
case OF the Impeachment of Judge Chase, where the
question was whether witness should be permitted
TO refer to his notes In order to refresh his memory
the stand and where the President put the ques.
ton the Senate which was decided in the negative
by yeas 49, nays IS.
MIR. EyARrs on hehalf. of the President said:-Mr.
Chief Justice and Senator'S rise to make q single
meni pressed by one of the. honorable Managers to
aid the Judgment OF the Senate on the question sub
United to it. That question we understand to be
whether according to the rules of this body the Chief
Justice presiding shall determine preminarily inter-
ocutory questions of evidence of law as they arise
subcCf 10 the decision of the Senate presentation
by any Senator OF the question to it, Now, the hon
orable Manager Mr. Boutwell,, recognizing the great
Inconvenience that would arise in the retardng of the
trial 1aom that appeal to, so numerous body
on every mterlocutory question, while he insists on
mine, irtimates that the Managers will allow the
Chief JI.tce to decide unless they see reason to OBJ
ject. On behalf OF the counsel for the President |
have only this TO say, that we shall take from this
court the ule 10 whether the first preliminary de-
made by the whole body, and that shall not sub
init to the choice Of the Managers as TO how far that
d b the 1f fue
the propsrglan is for the whole body to decide on
every inNrlo cutory question we shall claim, as a
matter Of right and as matter OF course that that
prOceedn Shall be adopted.
Senator WILSON renewed his motion hat the Sem
ate retire ora consultation. The vote taken by
yeas and nays, and resuted-yeas 25 nays 25-as
, fOllows:--
YrAsMe, Anthony sackslsw C9Ie CONFESS Cor
Howe Josnsa q, / ctreery, aoi Of Me- Morrill, d VI,
fe srs f ESs %as Tenn
Ferry y Fsssenssa
Hsnaerson Ha%a, M2ssn, Ny kssey saur9ury
ss Van wnst sS Hn'' 'D' p'0' rum
1t being a ii vote the Chief Justice voted aye
thu giving pra cscll effect to the position assumed
by him as to hii light TO vote.
I'll c crcumstanc created some nutter on the floor
The Senate, eaded by the CRief Justice then,
abou three oclo eS, retired for consultation. Soon
OF fR9 House ga, her d in knots and INDUCED in
bQis.s Gus conve rsaiAon, and the counsel for the
two he lrs three oNst passed, and atil athe Sena
tors dh. not return tod cir Chamber. The Few spec
Tutors IN the aerb esl wded listlessfy most OF the
memb@3 sought OF. lev scenes more eangepiai, and
the gesora appear. u.S. of things was lSliess and
At last, at twenty minutes past sir .o'cleck, the
Senate re urned and & ,e Chief Justice having called
che body1o order sat' The senate mas nad under
fore It retired, and Sas directed to report the fol-
{ lowing rule:- .u.,.. =,
sssssary pspara,On ;eaa,s .s,pnssr and the pro
ss sss q he h 6. is &
am apS o ns E resdog ocer an de
Saay rule on ali quest Of evidence and accidental
dna,. Tor decicon or may AZ his option in the first In
stance submit fny s.,spep TO vote OF the msmbars
Of the Senate
Mr.. BUTLER intimate NJ ,thGa me managers ctSiTen
tOrctire for coRsultatio
s. rator TRruBrLI sa Gcsnat r1less the Managers
deaired the Senste TO co nEue III SESSION. ne waAiu
now move on adj purnmt ~
The Managers latimae ttalat they dd Dot.
Sens or TRUMaJLL III, q made he motion for 81
journm,nt TO twelve o'clC Gs to.Inerrow, "hlch wm
carried.
The Chief Justice vacated Nrte chair, ana the SENATE
having resumed its legsla Sc session adjourned NJ
twenty minutes pas six.