, 1868-04-10
LATEST EASTERN NEWS.
Dates 70 April 2.
ooNPILKD PROM THE oREGoHIAN.l
TIE IMPEACHMENT TRIAL,

gives the following report of the proceeding Is
In secret session. When the Senate retired for
deliberate discussion as to the power of the
Chief Justice, the debate took a wide scope, and
was participated in by most of the parties present
Mr.. Ferry held that the Chief Justice had the
same rights as the Vice President that be could
vote iu case of atie but not to decide law points
Mr.. Oonkling spoke in opposition to this posi-
ton, denying that the presiding officer had a
right to vote, or to decide law point except
points of order.
Sherman offered resolution, that under the
rules the Chief Justice had not the right to de-
eide law points, which right was invested ex.
clusively in the Senate.
This led to an interesting debate, in which the
majority of Senators took part, and by which it
appeared that great diversity of opinion pre-
vailed
The Chief Justice made a good tempered ex,
PLANTATION Of bis views in regard to his position
when presiding over the court of impeachment
He thought be was entitled TO certain powers as
Chief Justice, even when presiding over the
Senate by virtue of his position when that body
is setting as a court.
Williams, Bayard, aud other Senators main
tanned that the Chief Justice was entitled to
this position by the Constitution, in order that
the Senate may have the benefit of his sugges.
tions as the highest law officer of the Govern. .
Oub tuey humllteQ ne laQ no JUDICIAL
authority and only advisory powers.
Henderson moved to lay Sherman's resolution
on the table, which was done. He then moved
an amendment to the 7th rule, to the effect that
the presiding officer may rule on all preliminary
questions and questions of evidence, unless some
member of the Senate shall ask that the question
be submitted to the Senate for d decision, which
shall then be done.
Sumner offered amendment setting forth
that the Chief Justice is not a Senator, nor in
fact member of the Court and that he had no
right to vote on any question. Ayes, %; noes, &c;
lost. The question then REQUIRED on the motion
of Mr.. Henderson, which was carried-25 to 10.
No seperate vote was had on the question as TO
whether the Chief Justice has right to cast a
vote; but some of the Senators intend to bring
that matter up for discussion to morrow. There
appears to be considerable feeling in some quar-
ters as to the result Some Senators think the
action giving the Chief Justice the powers be
has now the under l7th rule will be reversed.
When the Court returned to the Senate at 6:30,
it announced the result of its deliberations.
There was shade of disappointment on the
faces of the radicals at the action, which virtu-
ally sustains the Chief Justice in his views
There is great dissatisfaction among politicians
to night at the action of the Senate, and they
assert that the presiding officer onght to have
been stripped of all power, The supporters of
the President express satisfaction at the action
OF the Senate.
Washington, April LIN the Senate, the Man.
ayers on the part of the House entered soon after
II o'clock. The minutes of the last session were
read, and mention of a vote cast by the Chief
Justice to decide the vote on the question of re,
tiriug for delberation, when Sumner moved to
the Journal by inserting the expression
of the Senator's opinion. He said the vote of
the Chief Justice unauthorized, and of no
effect. lie demanded the ayes and nays on bis
motion, which resulted-ayes, 81 nays 27-so
the motion was lost.
The question as to the admissiblity of Bur>
leigh's testimony, about a conversation between
him and Thomas, was submitted to the Senate
by the Chief Justice, when an argument ensued.
Mr.. Stanbery argued against the attempt of
the Managers to prove a conspiracy between Gen
Thomas and the President. Mr.. Butler replied
at length, showing that the President was guilty
of conspiracy. Judge Curtis followed against
tho admissability of the evidence. Mr.. Bingham,
for the Managers, replied. At the conclusion Of
his speech, Mr.. Bingham made point that the
hour on both sides bad expired. The Chief Jus
tce said he understood the rule entitled the chief
counsel on both sides to have one hour on all
questions. Several Senators dissenting from
this ruling, the question was put to the Senate.
Mr.. Chase's ruling was decided against. The
question of admitting Bureigh's testimony was
decided afirmatvely, 80 to IL, strict party
vote. Mr.. Bureigh testified that on the evening
of Feb 81, he had an interview with General
Thomas, Secretary of War Gd interim, that be
would take possession of the office at 10 O'Clock
next morning. He also stated that be would
use force to take possession if refused. Gen.
Thomas said that if Secretary Stanton barred the
doors he would break them down. The question
was then asked whether the witness had any
with Gen. Thomas while acting as
Adiutant General, or heard Gen. Thomas say
what be would do in case he became Secretary
of War.
Mr.. Evarts objected.
The Court at a quarter past three o'clock, took
a recess.
Upon re.assembling, the question was put in
writing. After this the Chief Justice decided
the question out of order.
Mr.. Howard appealed from the decision, which
was overruled % 10 20.
A question was put if the witness had heard
Gen. Thomas make an address to a number of
clerks 10 the War Office about a week or ten days
prior to February 81, in which he said he would
relax the harsh rules of his predecessor and treat
the clerks as gentlemen. Gen. Thomas subse-
quently told witness that if he had not been ars
rested on the morning of February 22d, be would
have broken the door and taken possession of the
War Office. Several other witnesses testified to
aud the Court adjourned at quarter past i've.
The Senate then went into Executive session.
THE McARDLE CASE,
Chicago, April 2.-Washington specials say
that after Jerry Black concluded his argument
in the McArdle case before the Supreme Court,
Judge Grier submitted the following paper,
which was read This case was fully argued at
the beginning of this mouth. 1t is a case which
involves not only the liberty and rights of appel
liant in this case, but millions of our fellow-citl-
zens. The country had right to expect that ii
would receive the immediate and solemn atten-
ton of the Court. By postponement of the case,
the Court have subjected themselves, WhetheI
justly or unjustly, 10 the imputation that we hAd
eVaded the performance of the duty imposed up
on US by the Constitution, and waited for legis>
latiye Interpretation to supercede our acuon,
and relieve US from our responsibility. nave
only to say that am ashamed that such an oPS
probrium should be cast upon the Court, ana
that it cannot be refuted.
MIscRLLAEEoUs.
Chicago, April l.-Specials say the diflculty
between Generals Grant and Butler has been
amicably arranged. Geo. Wilkes has been chief
manager in this piece of diplomacy.
The TtI6Has's special says the counsel for the