The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-06
CONGRESSIONAL.
WASHINGTON, March 5
SENATE.

AFTER variety Vi uh,.-f -,
ness, Mr.. Fowler introduced Oil 10
rebuild the levees en- the cast oank OF
the Mississippi river, and to reclaim
tina lands along the Yazoo river.
The President pro tenn. said: "The
morning hour having expired, all legis-
lative and executive business of the
Senate is ordered to cease for the pur-
pose of proceeding with the business
connected with the impeachment of the
President Of the United States. The
chair is vacated for that purpose"
The Chief Justice then advanced up
the aisle, clad in his official robe and
escorted by Mr.. Pomeroy, chairman OF
the committee appointed for that pur-
pose, with Judge Nelson, of the SUI
preme Court, on his right. Messrs.
Buckalew and Wilson and other mem
bers of the committee, with the other
members Of the House. stood behind
the bar of the Senate. The Chief JUS
tice, having assembled to the Presidents
chair, said in 4 measured and impress
sive voice:
SENATORS In obedience to q notice
have appeared to join with you IN
forming Court of Impeachment for the
trial of the President OF the United
States. and am now ready to take the
oath.
The following oath was then admin
istered to the Chief Justice by Judge
Nelson:
al do solemnly swear that in all things
pertaining to the trial of impeachment
of Andrew Johnson, President of the
United States, will do impartial JUS
tice according to the Constitution aud
laws, so help ne God"
The Chief Justice then said: 'Sena-
tors Tho oath will now be admins
tered TO the Senators as they Will be
called by the Secretary in succession"
The Secretary called the roll, each
Senator advancing in turn and taking
the oath prescribed in the rules. The
only Senators absent were Messrs. Doc
little, Edmunds, Patterson, OF n. H.,
and Saulsberry. When the name OF
Senator Wade was called Mr.. Hendricks
rose and put the question to the presld-
ING officer whether the Senator from
Ohio being the person who would sue
coed in the Presidential ofhce' was en-
titled to sit as judge in the case.
Mr.. Sherman argued that the Censtl-
tuition itself settled that question. 1t
provided that the presiding officer
should not preside on the trial OF an
impeachment of the President, but he
silent. IS to his right TO be member
of the court, it follows by implication
that he had the right.
Mr.. Howard argued to the same Ell
feet.
Mr.. johnson assimilated this claim
to an ordinary judicial proceeding, and
reminded the Senate that no Judge
would be allowed to sit in case where
he had q direct interest. He submitted
whether it was not proper TO postpone
its decision until tomorrow, III order
particularly, that the. presidents Of
the English House of Lords might be
examined. He moved, therefore, that
the question be postponed till to-mor-
row.
Mr.. Hendricks claimed that when Mr..
Wade should cease to be the presiding
officer of the Senate he could be sworn
in: but now he was incompetent. In
the case of Senator Stockton, of n. j.,
the question had been decided. There
il was held that the Senator being in
terested in the result of the vote, he
had no right to vote, and he hoped that
the motion of the Senator from Mary
land would prevail.
The debate was continued at great
length by MeSsrs. Davis, Hendricks,
and Bayard against Mr.. Wade's right to
sit us IA member of the Court, and by
Messrs. Merrill, OF Maine, Williams,
Howard, Morton, Sherman, Sumner,
Howe, Drake aud Thayer in favor
thereof.
Mr.. Morton argued that there was no
person here authorized to make Objec
ton, because it was the right Of party
to waive the objection of interest on
the part of the Judge or Jury, aud the
President when he came here for trial
might say, why was not the Senator
from Ohio sworn The theory Of his
colleague (Mr. Hendricks) was false.
This impeachment was to be tried by
the Senate. The Senator from Ohio
was a Senator, and his right rs such
could not be taken from him. His cleo
ton as presiding officer took from him
none of his rights as Senator, but
aside from this he repeated that there
was no person here now to raise the
question.
Mr.. Howe claimed that the question
of law was clear that the Senator from
Ohio was entitled TO participate N this
trial. If the Constitution was silent on
the subject no one would have challeng-
ed the right of the presiding officer of
the Senate to preside on this trial. The
Constitution, however, had provided
fer that question and bad gone no further.
If any objections did exist to the Sena-
tor from Ohio, the only party who had
4 right to raise objections was not here
and not represented here.
Mr.. Thayer argued that if the aueS-
ton of interest was to be raised in the
case of the Senator from Ohio it ought
with greater reason to be raised against
the Senator from Tennessee, who was so
closely allied with the President, be-
sides, every Senator who might succeed
to the OFFICE of the presiding officer was
also Interested but one degree less than
the Senator from Ohio.
Mr.. Howard desired TO call the atten-
ton of the Chair to the real matter be-
fore the body, and would inquire wheth-
er the pending motion, "that the other
Senators be sworn ill.," was in order.
Chief Justice Chase replied aflirma-
lively.
Mr.. Howard suggested that he could
not sec the necessity of expanding fur
ther time on this motion; it was a pure
question of order; the Senate of the
United States. was endeavoriug to put on
judicial AUCTIONS.
After some further debate the Court
of Impeachment, at hslfpast two
o'clock, adjourned till one o'clock to-
morrow, and the Senate Immediately
afte rwards adjourned.
HOUSE
A very few members were present.
Many have gone home, expecting no
legislative business to be done during
the impeachment trial.
~.