The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-01
planned that the Managers Of the House

courtesy Of member of the Senate.
The Chief Justice then stated the
point raised for the decision of the
Senate.
Mr.. Drake objected to the ruling of
the Chair.
The Chief Justice called the Senator
to order. EEE . -.
Mr.. Conkling called for the reading
of the 18th rule and it was read. :,
Mr.. Bingham maintained that the
rule only authorized the chair TO sup
nit questions to the Senate when the
yeas and nays are not called for by one.
fifth. and that the Constitution Itself,
in saving the Senate should have sole
mower to try Impeachment, settled the
whole question. The ratings Of Parlia-
ment decided that the presiding ofhcer
had no part in passing on questions OF
law and fact, but was there only In
ministerial capacity with no right TO
make a decision. He contended 1T was
a matter of great Importance whether
the House could reach the senate
directly or whether the Cniei
Justice could stand between tnem
unless some Senator offered the MAN.
ayers a courtesy. He protested against
the House being bound and laid before
the feet of any man, however high or
nnre he might be. If the precedent were
established we might some day have
TefFeries in the chair. We have had
Johnson in the White House and may
have a Jefferies in the chair OF the Chief
Justice.
The Chief Justice put the question
whether his decision shoeld be sustain
ed By the Senate.
Mr.. Drake said the presiding officer
had made a decision which he had no
rioht to make, but before be finished,
Mr.. Wilson moved that the Senate re-
tire for consultation, but withdrew IL,
when Mr.. Sherman asked the Managers
"What we're the precedentS bearing on
the question in trial Of impeachment
in this country"
Mr.. Boutwell, said the Chief Justice
did not preside as member OF the
tribunal, for the Senate is given the sole
mower to try the impeachment, which
gave it the right to decide all questions,
as we'll as questions of guilt or inno-
cence.
He, (Mr. BoutwelD did not object to
the Chief Justice giving his opinion or
ruling, but it should be subject to the
Senate.
Mr.. Bingham read an abstract of the
authorities that he had collected
touching this question.
Mir. Butler read from the report of the
trial of Judge Chase an instance where
the presiding officer had put a question
to the Senate for decision without eX-
pressing is opinion, r,
Mr.. Evarts referred to Mr.. BoutwelPs
acknowledgement that great lnconVe-
nience would result if the Senate were
to decide, in the tirstinstance, Oh all in
terlocutory questions, but said the coun-
sel did not admit that this was merely a
matter of convenience-it was matter
of right that the Chief Justice should
decide such questions in the hrst IN
stance.
Mr.. Bingham said that the Managers
would not contest that point.
The yeas and nays were then taken
on a motion to retire for consultation,
resulting in tie vote, when the Chief
Justice voted in the Affirmative, anu
the Senate retired al 2:5O.
Senator Wilson renewed his aotion
that the Senate retire for consultation.
The vote was then taken by yeas and
nays, and resulted-yeas %; nays 70. IL
being q tie vote, the Chief Justice vot-
ed aye, thus giving practical effect to
the position assumed by him as to his
right to vote.
The circumstances created some Hut
ter OH the floor and much amusement III
the galleries.
The Senate, headed by the Chief Just
ice. then about 3 o'clock, retired for
consultation.
Soon after the galleries began to THU
out and the members of the House gath
cred in knots and irdulged in bolster
Gus conversation, and counsel for the
President consulted quietly together.
One hour, two hours, three houra pass
ed and still Senator's did not return to
their Chamber. The few spectators in
the galleries dwadled listlessly and
most of the members sought other
scenes more charming, aud the general
appearance of things was listless and
uninterestlng.
At 20 minutes past O'clock the Sell
ATE IeluEucu, anu VIZ SiiSI ouSNiSO
having called that body to order, said;
THE Senate has had under consider
alton the question which was discussed
before it retired, and has directed lie to
report the following rule:
RULE The presiding officer Of the
Senate shall direct all necessary prepa-
rations in the Senate chamber, and
shall direct all the forms of procee-
dings when sitting for the purpose of
trying an impeachmens, and all forms
during the trial not otherwise specially
provided for, and the presiding officer
on trial may rule on all questions of
evidence and on individual questions,
which decision will stand as the judg-
ment of the Senate for decision, or he
may, at his option, in the first instance
submit any such question to vete of
the members of the Senate.
Mr.. Bntler intimated that the Mana
gers desired to retire for consultation.
Senator Trumbull said that unless
the Managers desired the Senate to re-
main in session he would move an ad-
journment.
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