Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-04-02
OVERLAND DISPATCHES
a TO MARCH 31st.
Tho Impeachment Trial.

" AuAPCuCuulCuk u
WASHINGTON, March 3l--When the
Court opened, Wilson continued offering
documentary evidence which was COM
menced yesterday. 1t included the res
| olution Of the Senate in Executive ses-
sion in response to the message notifying
the Senate Of the removal of Stanton,
and also the correspondence on the
same subject.
Witnesses were then called. Tho first
two were officers of tho Senate, who
testified to delivering copies of the Sem
uto resolutions to the President and
General Thomas.
The next witness was G. W. Cherry,
n clerk in the Treasury Department,
who testified rs to the difference in the
form of the commissions used before
and after the passage of the Tenure Of
Office Act.
In reply to q question, Butler said the
Managers expected to prove by the Diff
ference in the commissions used in the
Treasury Department before and after
the passage Of the Tenure of Office Act
that the President had ordered the
Treasury Department to recognize the
Act as valid.
Van Horn, member Of Congress, testi-
fed to what transpired between Thomas
ind Stanton when the former demand
cd possession Of the War Office. This
has been previously telegraphcd. The
witness was examined at considerable
length.
Morehead, member of Congress, was
also examined on the same subject,
S,anbery cross-exnmincd him very
infinitely.
Burleigh, delegate from Dakota Ter
ritory, being examined, said he knew
General Thomas, and had been on terms
of intimacy with him.
Stanbcry.askcd tho object of calling
this witness.
Butler said that they expected to
prove that General Thomas had said to
witness that he intended to get possess
sion of the War Office through force.
Stnnbery objected TO the evidence and
appealed to the Chief Justice.
The Chief Justice decided the evidence
out of order.
This caused considerable commotion
in the Court, and Senator Drake ap-
pealed instantly from the Chair.
The Chief Justice stated that he, MS
the presiding. officer, had the right to
say what evidence should be allowed.
|. Drake again rose, but Senator john
son called him to order.
Butler addressed the Court in opposi-
ton to tho view taken by the Chief JUS
ticc. He claimed that the Chief Justice
had not the power to decide upon the
admfssibility Of evidence.
The Chief Justice stated that il his
rulings were not satisfactory, ho was
willing the Senate should decide upon
them.
The Chief Justice was then about to
put the question to the Senate, when
Bingham, of the Managers, arose and
addressed the Court. .
Senator Wilson moved that tho Sem
ate retire for consultation, which met
with q general d%isapproyal.
Senator Sherman submitted in writing
n question asking the Managers for in
formation as to tho American precedents
on the subject.
Boutwell,, OF the Managers, responded
in m argument that the Constitution
vested in the Senate exclusive authority
over all questions which could arise in
the trial:
Bingham, Of tho Managers, read II
number Of quotations from authorities
bearing on this subject.
|. Evarts, from tho counsel for the Presi-
dent, took the opposite view OF the
matter.
Senator Wilson then insisted on his
motion to retire.
Thayer called for the yeas and nays.
The roll was called, and there being
twenty-five ayes and twenty-five nays,
n tie vote, tho Chief Justice said he
would vote in the affirmative.
The Court then retired. ..
CHICAGO, April IA Republican spe-
cial gives the following report OF the
proceedings in secret session when the
Senate retired. for elaboration
The discussion rs to the powers OF
| the Chief Justice took q wide scope,
and was participated in by most Of the
Senator's present.
Ferry held that the Chief Justice had
the same right as tho Vice President,
and could vote in case Of a tie, but not
decide law points.
Coukling spoke in opposition to this
position, denying that the presiding Of
iccr had the right either to vote or de-
eide Inv points, except points Of order.
Sherman offered n resolution that un-
der tho rules tho Chief Justice had not
the right to decide law points, which
right IS vested exclusively in the'Senate.
This led to an interesting debate, in
which n majority Of the Senators took
part, by which it appeared that a great
diversity Of opinion prevailed.
I The Chief Justice made q very good
tempered personal explanation Of his
views in regard to his position when
presiding over the Court of Impeach-
meut. Ho thought he was entitled to
certain powers as Chief Justice, even
when presiding over the Senate, by vir-
tue Of his position, When that body was
setting as n Court.s'
Williams, Bayard and some other
|. Senators, maintained that the Chief
Justice was entitled to this position by
the Constitution, in order that the Sem
ale may have the benefit of his sugges-
tions as the highest law officer of the
Government, but admitted that he had
no judicial authority-only advisory
powers.
Great difference of opinion was de-
velopcd.
Henderson Mt length moved to lay
Shermnn's resolution on the table,
which was done. He then moved an
amendment to the seventh rule, to the
effect that the presiding officer may rule
on all preliminary questions and ques-
ton of evidence, unless some member
of the Senate shall ask that the ques-
ton be submitted to the Senate for de
c%ision, which shall then be done.
Sumner offered IN amendment setting
forth that the Chief Justice was not q
Senator, was not in fact q member OF
the Courr;aud had not tho right to vote
on any question.