The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-01
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nhNS 6o!e power 70 try Impeachment
OF parliament decided that the presidi
ing officer had no part in passing or
questions of law and fact, but was there
only in ministerial capacity, with nc
rghtto make q decision. He contend.
ed 1t was a matter of great Importance
whether the House could reach the
Senate directly, or whether the ChIeI
Justice could stand between them, un.
less some Senator offered the managers
courtesy. He protested against the
House being bound and laid before the
rect OF any man, however high or pure
he might be. II the precedent were es-
tablished we miS Sht some day have q
Jearies in the chair; we have had a
Johnson In the White House, and may
have Jehries in,the chair of the ChieI
Justice. , ssyi9.esSf, - E.iEE
Chiet Justice Chase put the question
whether his decision should be aus
tanned by the Senate.
Mr.. Drake said the presiding officer
had made decision which. he had no
right 70 make, but before he finished
Mr.. Wilson moved that the Senate re-
tire for consultation, but withdrew II
when Mr.. Sherman asked the Mana.
gers what were the precedents bearing
on the question in o trial OF impeach.
ment In this country.
Mr.. Boutwell, said the Chief Justice
did not preside as q member of the tri-
bunal for the Senate Is given sole DOW
er TO try impeachment which gave It q
right to decide all questions as well as
the question. of guilt or innocence. He
(BontWell) did not object to the Chief
Justice giving his opinion or ruling
but It should be subject to the decision
OF the Senaie.s 49,. 4f-s4s=y.
Mr.. Bingham read an abstract of the
authorities, which he had collected
touChinR this question.
Mr.. Butler read from report of the
trial of Judge Chase an instance where
the presiding oftlcer had put question
to the Senate for decision without sx.
pressing his opinion iHss AZ fIs7 .lll's73
Mr.. EYarts referred to Mr.. Bout.
observation-disclosures that great In
convenience would result II the Senate
wereto decide IN the flrst-lnsIance ON
all interlocutorY. QuestionR. But said
the counsel did not admit that this was
merely a matter OF convenience, but
WAS a matter OF right that the Chief
Justice should decide such questions
In the first instance. .lsHa .tff
Mr.. Bingham said the MRnaYera
would not contest that point. 4.
The yeas and nays were then taken
on the motion to retire for consultation
resulting in a tie vote, when the Chief
Justice voted In the affirmative and tho
Senate retired at 2:50 p. m.
The circumstance created some hut-
ter on the floor and much amusement
In the galleries. The Senate, headed
by the Chief Justice, then att about 8
o'clock retired for consultation. Soon
after the galleries began to thin out,
and members of the House gathered In
knots and indulged in boisterous com
yersation, and the counsel for the Presi.
dent consulted quietly together. One
hour, TWO hours, and three hours PASS
ed. and still the Senators did not return
to their chamber. The few spectators
In the galleries dawdled listlessly.most
OF the members sought other scenes
more charming, and the general Ap-
pearance OF things was listIess and uu .
interesting.
turned, and the Chief Justice having
called the body to order. said: "The
Senate has had under Consideration
question which was discussed bsfore
II retired, and II has directed me to re.
port the following rule:
RULE 2. The presiding officer OF the
Senate Chamber and the presidIn1
officer OF the Senate shall direct ali the
forms OF proceedings when sitting for
the purpose of trying impeach-
ment, and all forms during trial not
Otherwise specially provided for, and
the presiding officer on trial NAV rule
on all questions of evidence and on in.
e0A qu0stLOuSi HHlCn OeCl8l0n Will
stand AS the judgmento of the Senate for
decision, or lie may, at his option, in
the hrst instance, submit any such
question to q vote of the mem bers OF The
Senate. 513 al 5.lliI-i 80 -. = y
Mr.. Butler iutimated that the Man
ayers desired to retire for consultation.
Senator Trumbull said that unless lie
Managers desired the Senate TO CON
tinue in session, he would move AN nd
journment. Adjourned.
HOUSE.
The House joint resolution relieving
the Quartermaster Department from
responsibility for hospital tents loaned
at st. Louis, was referred to the Militia
ry Committee. .T44si -
A resolution was adopted instructipg
the Ways and Means COMMITTEES to in-
quire into the expectancy of amending
the revenue law so as TO permit the
transfer of special licenses.
A resolution was adopted that the
Banking Committee inquire into the
expedienc of reducing the tax imposed
on. private banks.
Mr.. Lawrence introduced a bill Ru.
thorizing Ship Canal from Lake Erie
to the Ohio river. Referred. IIl4
The report OF the Conference Commit.
lnittee on the Manufacturers tax bill
was made and Hexplained by Mr.
Schenck, and agreed TO. Eii4 II
The House went into q Committee ol
the Whole aRd proceeded to the Senate
The House resumed itB session al
twelve minutes past six, and made thC
usual report about the Committee at
tending the Senate Chamber. ~
Mr.. Payne, from the Reconstructior
Committee, presented the constitution
Of Florida with the proeeedInes or thu
Convention, and asked that they bl
printed! 1tWas so ordered. At o.
O'Clock the House adjourned. 1ras