The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-01

on the Question of the Right to Deterni ne
~2on the Admissibility of Evidence-T he
Chief Justice Sustained.
WASHINGTON, March 81, 1865
The exception taken by the Senate to the ateml II
Of the Chief Justice to exercise the right to det
Mine upon the admissibtiity Of evidence, and { ne
result of the private conference upon this diff err
stnce OF opinion, are looked upon as ri
'dmph for the Chief Justice 1t is underst sod
tat whente subject OF the preparation of rules for
the government Of the Senate Court Of Impe ach-
1eent was under consideration disposition was
manifested to allow the Chief Justice, presiding
poficer, very extensive powers of decid-
ing upon questions Of law ana evidence.
Before, however, the question conc,usivey fixed
Fthe letter of the Chief Justice addressed to the
Senate disputing the power Of that body to adopt
the rules contemplated led to new line OF
policy, IL which 1t was thought necessary
to place some strong limitations upon the
powers OF the presiding officer After this deermi-
nation the rule adopted in the Senate provided that
the presiding officer may in the first instance, sub
NIT to the Senate without a division all
questions OF evidence and incidental questions,
but the same shall, the demand Of one
Nth of the menbers present. be decided by yeas and
nays. In this shape the rule stood to-day when the
Chief Justice raped Mr. Drake toorder for interior
Ng with the pTerogatve which the Chief Justice con
sidtred reposed in himself.
The casting vote given b. she Chief Justice
on the motion OF Mr.. Wilson leading TO
PR Sate consultation gave rise TO lively coptro-
vel BY in secret session. The ultra radicals were for
adj bpting the most extreme measuers and debarrng
the' Chief Justice from any power whatever, while
the smore calm rits united with the democrats in
pro position which they considered might be take1 as
q G. ,mpromse 10 the important difference which had
Cpr sng up.
N +. Sumner lin the private consultation, made q
mot aon that aal questions and rulings should be de-
eide BY the Senate, thus depriving the Chief Jus
tce OF every power vested in him as judicial OIL
GER Upon this motion vote was TAKEN which is
sega rded By many fair test vote. Mr. Summers
mott ON WAS decided in the negative by the following
vote - .. .i.t.ff-t.
AY Es-SenstOrE Cameron, Cafse Chandler Ccnk.
HING CS&ness, Ccrbett, Cragin, Drake Howard, Nor
sn a NJ SUMNER TSaye Ny Po sn
Nams and MisoB--22.
Dxol l. Dcohttle .Edmunds, Ferry, Fessendcn Few
Johns On, Nscfesry ]: S morrill, Norton. j, ": Pss
Van " 'ink'e, Wckers and Wey-26.
Ate some further debate Mr.. Sherman moved 10
amend the seventh rule so as to stand substantially
the lie as IL sreported to the Senate by
Hswar1L This motion was put to vote, and decided
N the O tflrmative by the following vote:-
AYES Senators Cole, Corbett, Cragfn Bayard
Baehaely, Davis, Dixon, Doolittle Edmunds, Ferry,
Fowler, Freiinghuysen Fessenden Grimes,
Nonil L. M Morrill,, Norton, d. T. Patterson, J. W.
Patterson, Ross, salisbury, sherman, sprague,
Trumbull, Upton. Van Wrinkle and wie-3I
NAys-Senators Cameron, Cattel, Chandler, Conk-
ling, CONFESS, Drake, Harlan Howard, Howe
Summer, Williams Wilson and Yates-19.
Thenule, as adopted by the Senate private session.
allows The presiding Ofncer in the first instance to
give his opinion, which may stand the opinion of
the court unless Senator calls for the vote OF
the Senate on the question presented. This
amendment to the rule stands originally re-
the position taken by the Chief Justice in his letter.
but was subsequently changed In the Senate to the
form in which 1t stood to-day.
The radicals say that the rule as adopted was in
Difference to wish Of the Chief Justice who declared
he we're not sustained in his position
he would be compelled to withdraw entirely
from the trial, as he did not wish to
60 before the country ruled out in his action The
conservatives look at the result clear victory on
their part as the radicals. who expected to adopt the
Sumner proposition, failed to make their point
The radicals are in great state Of excitement to-
night They swear vengeance on the Chief Justice
and say that II he does not conduct himself In &C
cordance with their views they will proceed forth
win and institute an impeachment against him.
1t ~ understood that the Board Of Managers
win suggest some action to be taken
BY the House Of Representatives tomorrow and it
u probable they will come before the Court of I'm
peachnent with protest The conservatives say
they are satisfied under the rule adopted to-day and
that there will be no further protracon of the trial