Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-08
The Impeachment Trial.


crimes and misdeamanors proceeded the 3lst
ult., the managers introducing their testi-
m0ny. Paper testimony was submitted of
the action of the Senate on the President 5
message announcing his removal of Secre-
tary Stanton and the appointment of ad interiH,
Thomas. 1t was also proved that the Prcsi-
dent had recognized the validity of the ten
ure-of-office act, BY changing thc form Of
commissions to conform 70 it.
Burt Van IIorn-a member of the House
of Representatives stated that he was pres
ent at the War Department, the twenty
second day of February, 1865, when Lorenzo
Thomas demanded of Mr.. Stanton the pos
session of the office. lie testified that Gen.
Thomas, said to Stanton - | am Secretary
of War ad interim, appointed and authorized
by the President to take possession of this
Office. Mr.. Stanton ordered him to repair
to his room and to perform his duties as As
sistant Adiutant General, which he refused
to do, saying he intended TO exercise the
functions of Secretary of War and would
receive the mails Of the Department. Mr..
Stanton told him he would do so at his peril.
Walter A Burleigh, delegate from Dako-
tab Territory, was called, and Gen. Butler
proposed to prove by him that Gen. Thomas
had said that he should use force. if ncccs-
sary, to get possession Of the War Depart
ment The Presidents counsel objected,
claiming that Gen. Thomas declarations
were not evidences against the President
The question was argued at length by both
sides The Chief Justice decided the testi-
mony was admissible, when Senator Drake,
of Missouri insisted that the Chief Justice
had no right to decide the question at all
but should submit 1t to the Senate in the
1 first instance. This question was also ar
gued at length Gen. Butler and the Mana
I gers claiming that the Chief Justice had no
/ power to decide questions; and the Presi-
dents counsel insisting that he could decide,
subject to appeal to the Senate The
4 Senate, by the casting vote of the Chief
Justice, decided to retire for consultation.
The action of the Senate in secret session
is thus reported
The Senate rejected an amendment offered
by Mr. Sumner. to Mr.. Henderson S amend
mcnt TO the Senate rule, as follows
That the Chief Justice, presiding in the
the Senate in the trial of the President of the
United States, is not member of the Sen
ate and has no authority under the Consti-
tuition to vote on any question during tho
trial
The vote on Mr.. Summers amendment was
% to %. Mr.. Drake moved the amendment tc
Mr.. Henderson S proposition, follows
1t is the Judgment of the Senate that un
der the Constitution, the Chief Justice
presiding over the Senate in the pending trial
has no privilege of ruling questions of law
arising therein, but that all such questions
should be submitted to and decided by the
Senate.
This was disagreed to by a vote of 20 to 80
Mr.. Sherman presented the following, which
was rejected by vote of % against 25
THAT under the rules and in accordanc,
with the preccdents in the United States il
cases of Impeachment, all questions other
than those of order should be submitted t
the Senate
Mr.. Henderson proposition was thcr
adopted 81 to 10. and is as follows
The presiding officer of the Senate shal
! direct all necessary preparations IN the Sen
, ate Chamber, and the presiding officer upol
the trial shall direct all the forms of pro
ceedings, while the Senate are setting for tn
purpose of trying an impeachment, and al
forms during the trial not otherwise social.
provided for and the presiding officer o.
the trial may rule all questions of evidenc
; and incidental questions, which ruling shal
stand as the judgment of the Senate, unles
some member of the Senate shall ask that
formal vote be taken thereon, in which cas-
! it shall be submitted to the Senate for decl
, sion or he may at his option. IN the hrs
instance, submit any such quesio to a vot
of the members of the Senate y
On all these questions, so far as The repor
shows, the Vermont Senators voted lth III
, majority.
After three hours absence the Senate re
turned and the Chief Justice reported IL
decision, and without further examinato
of witnesses the Court adjourned.
At the opening of the Court Wednesday
Mr. Sumner made motion to correct the JouI
} nal by inserting the expression of the Senate
| opinion that the said vote of the Chief Jus
tice was unauthorized and of no effect u
this motion he demanded the yeas and nays
which were taken, and resulted, yeas Il