Idaho semi-weekly world. (Idaho City, Boise County, Idaho Territory) 1867-1868, 1868-04-29
Sealsi ! at'kekly aVprld.
a sCENE I'M THE sENATE..

IN
u. S. Senate, sitting as High Court of
Impeachment. is thus given in a late
ST.. Louis paper:
Next Walter AZ Burleigh, Delegate
from Dacotah, was called, and Mr.. STAN
berry asked Mr.. Butler what he pro-
posed to prove by the witness. Mr.. But
Ter replied that he intended to prove
that, in a conversation with Burleigh
the night Gen, Thomas called at the
War office, he (Thomas) told Burleigh
that he intended to use force if neces-
sary to get possession of the office.
Mr.. Stanbery interrupted Mr. Butler
in the middle of his explanation, to say
that the defence would object to such
testimony. What Gen., Thomas said to
Burleigh in q private conversation was
not admissible as evidence
The Chief Justice quickly, decided
that such evidence was not admissible.
But he had scarcely uttered the last
words of his decision when Senator
Drake rose to his feet and said chat he
objected to such questions being decid-
ed by the Chair. They must be put
to vote of the Senate His remarks
to this OBJECT were uttered in loud and
angry voice, and, coming so quickly
after the Chief Justices ruling, convey
ed the impression that Mr.. Drake had
been on the watch for something
Of the kind. The Chief Justice stated
his position to be that it was his duty
to decide all questions of law and evil
dence, when submitted, subject to an
appeal on the request of any Senator
But this would not suit Mr.. Drake, who
jumped to his feet again, in great rage,
and was about to argue the matter,
when he was reminded that he was out
of order, and several Senator's fatty
told him to sit down.
Managers Butler, Bingham and Bout
well followed each other in arguments
to show that the Chief Justice had no
right to decide any question raised in
the Court.
Mr.. Drake again raised himself, but
was promptly raped to order by the
Chief Justice, who had by this time be-
come quite nervous, much excited and
little angry at Mr.. brakes persistent
obstinacy. He had to repeat the rap
and the call of order twice before he
could get Mr. Drake quoted, and the
indications at one time We're strongly
in favor of a disturbance. The CALLER
les partook of the excitement on the
floor. Senators began to feel alarmed,
and felt that Mr.. Drake had unnecessa-
rily taken issue with the Chief Justice.
Mr.. Fessenden growled at Mr. Drake,
who sat in his seat with the air of one
who had just saved the Republic by
that point of order of his. In the midst
of the disturbance nator Wilson sub
united a motion that the Senate rest
for consultation, and several Senators
Mr.. Sumner among them cried out
'No, no." and Mr.. Thayer, who also
was opposed to the proposition, promp-
~ called for the yeas and nays. The
yeas and nays were ordered and called.
The result was anxiously awaited. 1T
proved to be tie-2j to IS. The
Chief Justice decided in the affirmative.
and the Senate retired. This was the
first exercise of the right of the casting
vote since the commencement of the
trial, and the use made Of itdispleased
the Radicals very much The Senate
retired at three o'clock and remained in
the consultation room until six minutes
to five O'Clock, when they returned to
the Senate Chamber.
The Chief Justice announced, as the
result of the consultation, that the sew
enth rule had been amended so as to
allow the Chair either to decide ques-
tions of law and evidence, subject to
an appeal by any Senator, or to submit
them to the Court for decision. This
practically and fully sustains the Chief
Justice against Mr.. Drake, against
whom some Senator'S are very wrathy
tonight. The vote in secret session
was 26 to %.
II