The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-07

Mr. Wade until the other Senators
are sworn, is also out Of order. Under
the rules adopted BY the Senate on
the I'd Of March, and under the Cen
stitutiOn Of the United States, the
question is open TO debate" 'raa.
Dixon-Mr President. n
Chief Justice-The Senator from
Connections. bH rHaf rreaa
Drake--I call the Senator to order
under therules Of the Senate, Ques-
tlons of order are not debatable.
Dixon was understood to say that
the questions of order referred TO the
Senate were debatable.
DFake-L do not so understand the
rules of the Senate. There can be
debate upon an appeal from decision
of the Chair, but there can be no de-
batein the first instance upon a-dues-
ton Of order, as [ understand the
rules ofthe Senate. j aE $3.50 a'H
Chief Justioe-The Chair rules that
a question of order is debatable when
submitted TO the Senate. .a
Drake-If [ am mistaken in the
rules Of She Senate on. that subject, I
would like to be corrected, but l think
| am not ~ g9r ra593 a9f3 e
Chief Justice-The Senator from
Missouri is out of order, ualess he ap =
peals from the decision of the Chan.
brake asked leave to read the sixth
rule. providing that when a member
shall be called to order By the .Presi-
dent or d Senator, he shall sit down.
aud not proceed without leave Of the
Senate, and that every question of or
der shall be decided by the President.
without debate, subject to au appeal
to the Senate. rtaaH f.. aq-5aEF
Pomeroy said tie rule applied to
the submission to the Senate, with
out which a question was not debate
able.
Dixon said the questions was now
presented in a different shape from
that presented yesterday by the Sen
at0r from Michigan. when he remind
ed them that after all, this was a
question Of order, and ought to
be so decided. efThe question now
was whether, as a question of order
proeeediug from this body, the Sena-
tor from Ohio could take the oath on
that question. As I was about re-
marking, yesterday, just before ad-
journment, Andrew johnson, PTesi-
dent of the United States, was about
to be tried before this body in
its judicial capacity, whether called a
court or not, upon articles of impeach-
ment presented by the House Of Rep.
resentatives. If upon that trial. con.
tinued Dixon. he should be convicted.
the Judgment Of the body may extend
TO his remQval, from Office aud to his
disquali6eation hereafter TO hold any
Office of profit or trust under the
United States.-aHow far the Judgment
would extend in case of his convic-
tion it is Of eQqrSe impossible for any
one now to say; ia all human
prob bility it would extend at
least sas far as to his removal
from office. iInI that event. the very
moment that the Judgment was rem
dered, the Office OF President Of the
United States with all its powers
and all its attributes, would be vested
in the Senator from Ohio ,2n6w h6l d.
ing the office of President of this
bodY.-The 0fheea aWouId-E6st -iRzthe
President of the Senate for the time
being and the question before this
body now is for this tribunal ito de-
eide whether, upon the trial, a person
holding the Office of President of. the
Senate, and ~ whom the Office Of
President of the United States, upon
conviction, rests, can be a JUDI upon
that trial. That, sir, Is the question
before this trl lbunal s 81 ~ 81 .
Sherman called the Senate to or
der He claimed that the Senator
was not in order in spe8king upon the
general question of impeachment.
w hen a point Of order was submit
ted to the Senate by the Chair, he
thought they should adhere to the
rules of the Senate. After consider
able debate, Hendricks yielded to the
suggestion Of some. Senator'S on bis
side, that the objection to the swear
lag of Wade had been made prema-
turely, and withdrew the objection.
Ser It0r Wade thereupou, advanced
to the Chair, and took tie oath. ad-
ministered by the Chief Justicei the
remaining Senators having been also
sworn, the Chief Justice proclaimed
that the Senate was now duly organ
lied to proceed with the trial Of An
drew johnson, President Of the
= United States. E#eh H@-HRsE 3
: Mr.. Howard-I submit the follow
ing order: Ordered, that the Secre-
tary of. the Senate inform the man
ager Of the House. Stevens, that the
Senate Is pUw Organized ifFsuHf
Chief Justice-The Senate is now
organized as a distinct body from the
Senate sitting in its legislative capac-
lty. 1t performs a distinct Junction,
the members are under a different
oath, aud the presiding officer Is not
President pro tent ii-A
Chief Justice-Under these circum-
stances, the Char eoneeiyes that
the rules adopted By the Senate IN its
LegIsla-ive capacIty. are not rnIes for