New-York tribune., 1868-04-01
Ty)Gr} }gnE00
PRICE FOUR CENTS.

judges in every Of the law the fact and that e
ocer Office to keep Oraer to present & 70 the eondsr
alton of the Peers the various questions as they
IT. SS ' This ass OS Z IIe so we %
settled that Il is carried into the great text book Of DE
declared that the peers the judges OF the law and
Of the facts and conduct tho whole prOeeedngs accord
ing TO the law and usage Of Parliament IL s IA unde
stand this question il presented here. agree with
my associate that sof very great Importance not only
every other question that arise For example gues
tions which may involve the validity and legality Of any
stand that the question Is whether the Senate shall de
e sT o ss s oSe e & fSs Ss S
try impeachment and therefore to decide all o9estonsD IN
e - 10 a ssSS can AZ s Se oSSmeu ~ s bSa a
reversed by subsequent action Of the Senate That we
Se Senate TO rn s saescstea 70 me by S
associate uter that this also involves the further prop
oston that 1.-THE managers in the event OF such decision
being made by the presiding officer, call Tor
review OF that decision by the Senate.
Senator WILSON moved that the Senate retire TOR Son
Senator coNKLING and others No
Senator SHERMAN sent to the secrearysdes paper,
which was read, as follows:
ask the Managers what are the prsceen IN the ease Of ess
the United States the pOsutl Did the
presiding officer decide preliminary questions did be submit them iu
the frst instance to the Senator
Mr. BOUTWELL,, one of the Managers, sad-I am not
disposed TO ask the attention OF the Senate further 20 this
matter question concerning the rights OF the House
IN proceedings Of this kind II seems TO me Of the gray
est character and yet can very well understand The
principle for which the Managers in behalf of House
stand would be calculated 70 delay the proceedings and
speak with the highest personal regard for tho
he may make questions of law and the admissablity
of testimony he would always be guided by that c0Dsc
Sn after M Oee 1Se aS that Gf the Managers he
for the House IN the case now before the senate and
before the coGnryLand acting may oey say MN IN bsna
unforunately may be similarly situated in future tines
were now TO concede that the ChiefJustce OF the
Of
presiding officer OF that body for specific purpose and
and conditional way questions that may be vital 10
final decisions of this tribunal the questions OF the
would make a surrender which would in substance aban
don the constitutional rights OF the House Of Represents
tives and the constitutional rights Of the senate sitting
as tribunal to try impeachment presented by the House
of Representatives and with all Difference that the
the United States is tried the ChiefJustlce shall
preside,n is conclusive on this whole maj,
Ter. He presides here not, as 2 member o.
this body for that we're assumed then the claim wond
be not only IN derogatOn but IN violation Of another
provision OF the Constitution which comedies 10 the
Senate the sole power OF trying all impeachments; and
know of no language that can be used more speeeo ~
character inclusive in ts IL includes.
we here maintain al those men chosen under the Con
suton and representing here the several states Of this
Union, whatever may be their faults whatever may Dc
their capacity whatever may he their interests what
esed sitting here as tribunal 20 decide the questions
der the Constitution with all the feetes aud with all
the Constitution with power 10 change it in any par
tcular and Is exclusive say t with al due defercGs"
of every other man, whatever his station rank OF )s,
ton elsewhere whatever his relations to this tribunal
under the Constitution the Senate has the sole power "a
way interfere TO control affect its Judgment N th"
slightest degree Therefore Mr PFesiaent ~ mus Ioow
advice, matter of right must decide every lncdei
mss Of e Senate on lie great question u the
guilt or innocence OF the party accused IT. under any
or may be admitted on the judgment Of any persop.
Of any authority except this tribunal before which
hyf ha of 81.
may be acquitted on authorities or by lnnneces
and distinct from the Judgment and opinion OF te
senate itsef on this point think there finally be
no difference of opinion But Mr President, rs one or
the Managers, not having had an opportunity 10 conh
with my associates that point, and speaking Here
fore with difference 70 what might De Their luu7nelt
and the judgment OF the House, shon1 De
very willing myself 20 proceed in the conduct OF THIS
the understanding That the right y herr ana IL
soennly asserted by the senate for ITSELF aud as
precedent for all It's successors that every question OF
law or evidence arising mere n 10 pe ueelGe9 oy Va. ~
ate, without consultation with or the nnenee oi he
presiding officer however worthy II H. as know II TO be
worthy OF consideration. The Constitution standing De
tween the Senate here aud the presiding off
Ger there. 1 hold that the Judgment must be
that in ali this proceeding the presiding Of the
Senate shall give his opinion, has ruling You pe-e
arise the understanding beng that any member or ts
Senate any OF the Managers, or any one acting
Judgment OF the Senate, whether the rbng ~
the presiding 1SSr oS5 e 7 fHrres 2 Or TdSSe state
tIIas) Lord Chancellor Erskine evidently acted
upon this idea qssIS assg r e M ManaSer ON one
side and by the counsel for the respondent the other
side Lord Erslne said NJ" any noble Lord is desrons
tat The subject should be matter OK further considers
tlon in the chamber 0f Parliament u VIII Dc proper ttL
formed an opinion aud shall declare ~ ON that theory
he administered the duties Of the chair VAN RESPECT "
the rights OF the House OF ReprssentaNes, ana 70 &
rights OF the respondent should not for myself object
but caunot couseenousy even N ths pfssen,s, cor
siding officer the seate is 70 decide TINS question: ~
der the circumstances that IS not IN the power of he
Managers to take the Judgment OF the Court az 8"
whether the decision is right or wrong
Mr. BINGHAM. OF The Mauagers, rose to call The
attention OF the senate 10 an aDs Itao' Ic ne "a" 5 %
question 10 70 The effect that judges OF us
Realm tile Barons OF the EXcheqler we're 80 nsfl"I
the House of Lords except Tor mere nisteria purposes
that The Peers are ROT 'reis or Jurors vhy i o. % SI
not TO give any opinion IN matter OF fil"nei1 l b ,,
This brief condensation Is al 'l'' . '' ~" '' i |
toske on account Of tte mpossl Of h4ag dfiy 10 ne
galey au Of the total l o. &Ie' o roPe 'eroiHi '1'''
mos. mnpor ant pmcceda-A
Mr. BUTLER, abiding 10 tie question put by SI;;
~, i,,,Ur,rueut of Judge Chase, where the question
VAS whether witness should ne peiml"o 70 le.l -
and vher the President put the question To the scna'
aud which was decided in the negative ,! ''"S A.
Sir EVARTs. on behalf OF the President said, " Nh
Chluf,Jusee and senators: rise to make slhgls 'a
sery1tou ln reference 10 "a position on ah arknnsb
nressed by one OF the honorable Managers 70 aia -
Judgment of the senate on inc question ~
THAT question understood 20 De whether aos0runk y,
the rules Of this body, the CneiJ see prfsiahk <, a @
denee of law rs they arise see 70 'S Iee IN ~
senate presentation by any senator OI inc luseuoh
II, honorable haBaStl ihi. DVLthtip
ing lie aren't ncOny enlence that would arise IN Tie re
taiding the trid from that appeal To 50 numerous
buty on every inteTlOcutiOTy question, WINE u"
insists on the magnitude and Importance OF thn
right 10 determine, timates that the Managers VIII aunI
the Chief Justice decide unless they see reason 70 oO
iect behalf Of the counsel for the PresiaenL naSe
only say that, shall take froln ths Count the
made by the Chief Justice. to be made by the WHO'S
bly. and that shall submit 10 the choice OF Os
managers AS how far that rule shall he departed ir0h
Whatever the shall abide by IL but the Court
deternlue that proper plan for the whole body 10
decide on every nterlOcuOry question, We shall claim hs
matter Of right, and matter Of course, that tha'
proceeding shall he adopted.
nainr MIIsON renewed his motion. that the Senate