The New York herald., 1868-03-01

Mr. HowARD said the Senate was clothed with certain
powers under the constitution which instrument not
providing the for their execution, was il not
clear Implication that they could enforce any order
necessary to carry out that dutyY II the military and
naval forces voluntarily obeyed such order nobody
would claim that they would thus act improperly.
Mr. JOHNSON concurred In the opinion OF the Senators
from DeiaN are tdr Salisbury and Oregon tMr VIII
liams). II the Vice President acting President,
was found guilty. the President OF the senate by the
constitution became President and was empo sered to
call out the army and navy 70 maintain himself as such
under the constitution. the present Executive ceasng
the moment he was found guilty.
Mr. HjwARD-Supposes he refuses to vacateY
Mr.. JOHNSON said the constitution empowered his
successor to put him out by force. II subject of
legislation and supreme Court would have much
power 10 enforce its judgments tho Senate to enforce
tneirs He said the Senator from OHIO lMr. Sherman)
was mistaken IN supposng court could enforce It's
senator from Vermont (Mr. Edmunds was mover con-
templaied by the President anybody else, and the
power contemplated had never been given without
Mr. FRHLSGHuYsES, (rep) OF n. j., thought It dam
gerous 10 assume any power not given TO them oy the
constitution that questionable and he thought
the Senate should keep itself within Its constitutional
rights.
Mr. EpMuSps also held that opinion Tho cons,itu-
tion did not contain code of rules. but whenever
power was granted the Supreme Court had decided that
eona,ned @ al powers necessary 10 carry !. out
otherwise in this case empowering the Executive TO
call out the military to execute the laws.
Mr., EDMUNDs-ls not he q part OF the army?
Mr.. FRELISGHuYsEN-Is he creature OF the Senator
Mr. EpMUsDs continued his argument claiming that
tn0 COulQ enforce It's judgment as well as
lnterlocutory orders.
Mr.. HENDRICKS asked what tho Senator understood to
be inerlocutory ordersY
Mr. EDMuNDs said the overrung, motion to dismiss,
declaring witness In contempt for refusing to testify,
&c.
Mr. HENDRICKS denied that they belonged to such de-
scrpton.
Mr. SHERMAN moved to strike out the word 'judg-
ments."
the present sgitated condition of the country. Even
had they this power 1t was unnecessary for any good
purpose, and was simply vicious
Mr. TRuMsULl, (rep.) Of ILL.,, thought the old form
would be satisfactory to everybody. Why not strike
out the whole provision, and insert that tne presiding
officer sh all also be authorized TO direct the employ
OF the Marshal OF the District of Columbia other
person. during the trial to discharge such duty as may
be prescribed for him?"
Mr. SAuLsBcRY said they had no more power to direct
the Marshal OF the District Of Columbia to do thing
than they had over the military. They were both out
Mr. GRIMES, lrep Of Iowa. said II the duty Of that
officer, under existing laws to obey the order OF any
court held in the District
ar. TRUMDUl said at this time, when the whole
try Watching their action he thought the wisest
coarse was TO take the old rules adopted nearly twenty
ago. upon which five trials have already been had,
out OF hich difficulties arose. Then If difficulties did
arise in the future they could make rules necessary
and the whole world would that tho Senate was ust
ned He would not now, however, put itinto straight
jacket
Understood doubling the authority Of Congress in the
premisesP
Mr. TRUMBULL was Of the opinion that tho Senate had
all the authority necessary TO adopt the requisite means
10 carry into effect lis orders.
The amendment OF Mr. Sherman was agreed to-
Mr. BUCKALEw suggested that tho sixth rule was un.
necessary, the fh containing all the power that would
be required.
Mr. CONFESS claimed that the nfth could not take the
After further discussion on the point the amendment
OF Mr. Trlmbu agreed to by the following vote
YEAs-Messrs. Anthony, Bayard. Buckalew. Cole, Cor
Harlan nendrcks Johnson Mccreery, Soron Tsttsrson
Of Tenn. Ross salisbury Spraguc, Tipon lrumbul Van
Wiukle Wiley and Willams-25
,,NAYs-Messrs Consling, Gonness, Edmands Howard
knnisey. sherman Stewart. SUMNER Thayer and WILSON,
Mr. TRUasulL then moved to add a provso authoriz-
ing the ergeantat Arms, under the direction OF the
presiding officer, to employ such assistance as may be
necessary to enforce execution and into elect all
the awful orders. &c. OF the court
ME DRAKE. rep of do, asked tho Senator's leave
first to otter another amendment, and moved to strike
the ng portion OF tho sixth section prOvd-
that the shall nave power to compel tho at
tendance Of witnesses, &c, saying that If that power
was inherent IN the court they had power TO
confer II
Mr. JOHNSON moved toadjourn at lvc o'clock saying it
evident that these propositions would require time
Tor cons ldera,iop.
The motion was lost-27 to 13.
The question was stated to be on Mr.. IrumbulPs
amendment.
Mr.. DRAKE suggested that it would be better to vote
his amendment frst aud on this afterwards but the
question put ON Mr. Trumbuis amendment and It
Was agreed to-
Tue question being Mr.. brakes amendment, Mr..
DRAKE asked the senator from Michigan lbr. Hpward
whether the could exist such without having
every one of the powers enumeratedT,
Mr.. HOWARD said the Senate has power to establish
rules for its gudanoe when sitting ms Court OF I'm
peachmen, and that they should provide them before
entering upon those dutes, and he thought this was the
Mr. BuCKALEw asked whether, when they attempted
the powers OF tho court they did cast
q doubt all powers epumeraedP Alter further dis
cussion he said 1t evidently intended to force the
through before adjournment when they should
have reasonable time for consideration,
Mr. HOWARD said the articles OF impeachment would
probably be reported to the Senate on Monday.
Mr.. HENDRICKS spoke further, again concerning the
committee for exceeding their power IN reporting rules
TO govern the court, and moved to adjourn which
Mr. Drako's amendment was lost The following was
the voto-
YEAs-Messrs Buckalew. Davis Drake. Fowler, Hem
drleSs Mcrsery norton Patterson Of Tenn Ross saas-
NAYs-Messrs anthony, Cameron Chandler, Cole conk-
ling cSnsess GorSe, sd%ands d. Harlan
wlson-23.
under the article upon the failure OF the accused to
pear the Go court & was empowered 70 enter pea Of mot
IL should DO materially changed
Mr. BuCKALEw moved accordingly TO insert the words
'upon order'' after the word 'fal."
Messrs. EDxuSDs and HOWARD defended the provision
the latter claiming that could work surprise 70 the
accused.
The amendment was lost
St. HENDRICKS moved TO insert the words 'to plead,
answer or demur after the word "ial," striking out
the word answer"
Mr.. HOWARD thought inc Woru answer covered tho
whole case.
Mr. HExDRIcKs would withdraw the amendment IL that
WAS assumed " be the construction oil the senate.
The twelfth article having been read Mr.. SUMNER
ep of Mass called attention 10 tho clause which pro-
vides adjournment OF the court the Senate shall
resume consideration OF legislative and executive bust.
ness suggested the proprciy Of the Senate refrain
ing from intercourse with the President during the trial.
insisting that they should give their uninterrupted
attention TO the duty devoving upon them. lie
made motion TO amend however, and the article was
adopted without further progress
sOn motion of Mr.. ANTHONY, at five minutes past six
Il having become evident that when the twenty first
article was reached lengthy debate would ensuo-she
Senate adjourned.
HOUSE OF REPRESENTATIVES
WASHINGTON. Feb. 90, 1868.
TIE NEW JAN. FOR THE DISTRICT {. COLUMBIA
The House resumed the consideration OF the bn ~: