Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-06
F0RTIETH CONGRESS.
This Afternoons Proceedings,
FRIDAY. MSrrh &


Nj. Harlan presented memorial OF citizens
OF Washington relative 10 the remoS al of ih..
Centre Market. Referred 10 Committee on DIS
triet of Columbia.
from the President transmitting a report from
the Secretary OF Stat relative 10 the guauo ISL
and Alta Villa. in the vicinity of San Domin go;
also, communications relative 20 the abd uctioa
Of Allen Mcdonald, an American citizen i'm
ColorAdo: both OF which were referred 70 Com
mlttse on Foreign Relations. go ..
III Mr.. .Sprague. from the Committae on Com
merce, reported in rela ton To the eommunica-
lop Of Silas Lyman, civil engineer, concerning
the bridging of the Potomac, that the charge of
The survey was $45; that the survey ought 10
have been made by the army engineers without
any cost TO the Government, and that one en-
gineer had said he would hay. done the work
az well for $25. The committee had instructed
him to complain to the Senate OF the action of
the Department of the Interior IN travelling out
OF the line Of its. duty in the ordering Of this
survey.
On motion of Mr.. Spragns,. it was then re-
ferred 10 the Committee on the District OF Co.
lumba
Mr.. Foster offered resolution. addressed TO
the Secretary OF the Treasury, inqniring into
the disposition Of some SSp,uT0 in the hands OF
Col Holabird, chief OF the q uarterrna ster's De-
partment of the Gulf accruing from the sale Of
captured and abandoned property, and the ac-
counts of the said Colonel Holabird; which was
agreed TO. rr47
Mr.. Ramsey introduced a joint resolution au-
tnoriZing the Secretary Of War TO take chargp of
the Gettysburg and Antietam National Gene
terry. Referred to Committee on Military Az
fairs.
MIR. Morgan called up the joint resolution ii-
recting the Secretary OF the Treasury, when
ever any Stale is in default OF payment of in
terest or principal on any stocks or bonds he'll
in trust by the United States. 10 retain from
said State any moneys which may De- due by
the United States 10 such State.
Mr.. Morgan said there was 4 large amount OF
State bonds now held by the United States in
u nst Tor certain Indian tribes upon which the
interest had not been paid tor a long time, and
the United States had been compelled 10 make
IL good to the Indians, and the object of this bill
was To enabl. the Secretary of the Treasury 10
withhold from the defanlting States of any
moneys due them by the Government an
amount equal TO that due by them on their
bonds.
At the sugges tion of Mr.. Morton the bill was
laid over.
MIR. Wilson called up the bill 10 facilitate th..
settlement of Paymasters' Accounts. which was
discussed Al some length. ..
AT one o'clock the Chief Justice appeared and
took the char of the presiding officer.
he Chief Justice.-The Senate will come 10
order.
The journal OF the proceedings OF the Senate
sitting on the trial of Andrew johnson. praSi-
dent of the United States. was read hy the S..c.
retary, Mr.. J. W. Fornry.
The Chief Justicr-At its adjournment last
evening, the Senate had under consideration
th" motlon OF Mr. johnson, that IN" cas-. OF the
Senator from Ohio be- postponed until the other
Senators are sworn in.
Mr.. Howard rose to a point OF order. by the
Constitution The Stnai-, sitting On the trial of
an impeac hmenl. il TO he or oath or affirmation
Each member OF the Senate is to set As Il part of
he court, and Their" can be no trial unlessevcr
member i sworn. When a member presents
himself to b. sworn, he Mr.. H held that his
oath must b- received by the presiding officer,
who has no alternative, and 40 objection can
be made by any Senator. Mr., Wade i, here
ready 10 take the oath. The Constitution is
imperative on the subject as are also the rules
adopted by the senate that all the Senator'S
who are present shall b. sworn He therefor.
made the question that under tae Constitution
OF th" United States the mo.Ion Of both th..
Senators from Indiana and MARYLAND j. out of
order, and he asked the decision Of the pres..nI
p'rsiding officer OF the Senalc-tha Chief Ju--
Iicr-H il hout debate.
DE- Dixon rose and was proceeding when
Mr.. Drake called him 10 order
The Chief Justice said that he held that the
general rules OF the Senate arr applicable, and
that the Senate must determine this question
for itself, unless the decision of the Chair
should be regarded final. H. should now
Al this tim. feel himself constrained 10 submit
the question Ia the S.nate The S.naior from
Michigan will reduce his point of order 10
writing.
Nr. Howard then reduced his point OF order
towriting. but before it read
hr. Dixon rose 10 point of order.
IN. Chief Justice The char is OF the opin-
ION that one point Of order CANNOT be made
" hIlr another Is pending.
The Chief Justic" then read tn. point OF or
der a. reduced To wriIing. that the motions
n
tuition and the rui's Of the Senate adopted
March =, 1865.
Mr.. Dixon rose; when
Nj. Drake again called him to order, and
made the point tha, under the rules POINTS of
ORDER were not debatsbIe.
Mr.. Dixon mai ntan-d that h. WIS ia order
Mr.. Drake declared thar he wa, not in order.
according 10 his tMT. D.'sJ understanding of
the rules
The Chief Justice said that in his opinion ia.
Senator from Connecticut WIS in order
Sk,d he -f1 III Ia -
the Senate declaring debate o,it OF order " hen
point OF order Wa pending. Sc.
Dir. Pomeroy said th. Senator fMr. Eow,,rcil
must know that the rule only applied Ia the
cas- whare the POM Of order Wa decided nv
ihe Chair. but thar, when IL was 10 H.. decided
by the S-naie, debate WAS ailowahh.
Mr.. Dixon thrn proceeded with his l,,Ina cks
aud was speaking on the general sUoIsot,
" hen
Mr.. sherman mad" the point OF order lba.
IN" Senator must not speak on ti. general snb-
lect, bur "ontine his remarks IL the point uI or
der that had been raised.
The Chief Justice decided tha; the point OF
oTt ct was well taken.
Mr.. Dixon would, If it WIS permitted, like To
go into the general merits. The Senator who
had raised this point of order (N1r. Howardl
had already spoken three tinles on the general
subject, and at great length.
MIR. johnson held that il was impossible for
the Senator from Connecticut 10 properly dis
cuss the point of order without going into the
question as TO whether il was proper for the
Senator from Ohio to take IN. oath.
Mr.. Hendricks rose 10 speak, when Mr How
ard desired 10 call his attention 10 The twenty
third rule adopted for the trial, which prov d.
that all orders and decsion shall be GetsTnInr
without debate
Mr.. Johnson said those rules could only an
ply after the court was formed. and thrN hid
been adopted by the court.
Mr.. Sherman said you might well stop the
calling of the roll as 10 stop this imperative
rule Of the Senate. lie submitted 10 the y na-
ior from Maryland whether il was not per
fectiy competent tor the Senate TO adopt ihos..
rules tor the conduct of the trial, and wheI her
they Were not now absolutely bound by Them
Mr.. Dixon was continuing his remarks,
" hen
Mr.. Howard interrupted him with question
to whet ther il was now in order Ia ask tor Al
appeal from the decision OF the chair.
Mr.. Dixon refused 10 give way. without lac
Was called 10 order.
Mr.. Howard-Well, then. l di- tinctly calf
the Senator 10 order. $3.50 a
The Chief Justice.-The Senator viii state
his point of order. H-.. LII
Mr. Howard again read the I'D rale, adopted
Tor the regulation OF the trial, ana main IA ned
that under it no debate was now IN order
The Chief Justice said that in his opinion the
I'D rule could only apply TO the court when
organized, and that il does not apply al prs
en1. I p
Mr.. Drake appealed from the decision Of the
Mr.. Eessenden called for the ayes and nays
on the appeal. and being order, the opinion OF
the Chair was sustained by the following vote:
Yecs-Messrs. Anthony, Buckalew, Corbe,t
Davis, Dixon, FesSenden, Fowler, Frelinghuy-
sen, Grimes: Hendsr.cns Hendr1cks, johnson.