The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-07
CONGRESSIONAL PROCEEDINGS.
WASHINGTON. March 6.

I
/ formation in regard to the Island Of
/ Alta Vela. near San Domingo; also,
la communication ~ reference to the
/ abduction of Allen Mcdonald, a citi-
zen Of the United States, in Canada.
! Pomeroy introduced joint resolu-
| ton authorizing the Secretary of War
to take charge of the Gettysburg and
| Antietam Cemeteries. Referred tc the
Military Committee.
After some Unimportant business,
the Senate at once proceeded to the
trial of the President, Chief Justice
Chase presiding.
Wilson called up a. bill to facilitate
| the settlement of the Paymaster's
accounts. It authorizes their reim-
bursement for accidental losses or
Over-payment, made in good faith, on
proper testimony and the approval of
the Secretary of War. After debate
the bill was amended, when it was cut
short by the expiration of the morn
ing hour, and the President aanouuc-
ed that the time having arrived when
/ the Senate was to proceed to the trial
Of the impeachment of the President
of the United States, he would vacate
the chair for that purpose.
The Chief Justice was again es-
corted to the Chair by Mr.. Pomeroy,
chairman Of the committee appointed
/ for that purpose.
The Secretary of the Senate read
the minutes of the Court Of yesterday.
| The Chief Justice then stated the
/ question to be on an objection having
| been made to the swearing 10 Of the
Senator from Ohio, Wade, on motion
10 postpone the swearing in Of that
| Senator until the remaining members
have been sworn. He also announced
that Dixon had the foer. 'E r. ta
Howard, rising to a point Of order
said: By the Constitution the Sen
ate, sitting on trial of an impeach-
ment is to administer an oath or
affirmation, and each member of the
! Senate, by the Constitution, is a com
ponent member Of the body for that
| purpose, and there can, therefore, be
| no trial unless that oath or affirmation
be taken by the respective Senators
who are present. The Constitution
of the United States is operative, and
when a member presents himself to
take the oath, / hold that, as a rule
| of order. it is the duty of the presid-
| ing officer to administer that oath,
and that the proposition to take the
oath cannot be spostponed,, ] make
/ the point of order that the objection
made to the swearing in Of Mr.. Wade
| is out of order, and, also, that the
motion of the Senator from Maryland
to postpone the swearing in Of Mr..
| Wade is out of order, under the rules
and under the Constitution of the
/ United States, and | ask the Court.
respectfully, but earnestly, that the
Z President 0f-the- Seaate.- the Chief
Justice of the Supreme Court of the
| United States, presiding over that
body, to decide the question of order
and without debate. | object TO fur
ther debate"
Dixon - The question before the
! Senate is whether, under the rule, the
Senator from Ohio
Dake- call the Senator from
| Ohio to order.
Chief Justice-The Senator from
! Michigan has made a point of order
/ to tie submitted for the consideration
! of the body during the proceedings
! for the organization of, the Senate for
the trial of an impeachment. For the
present, the Chair regards the gen.
! -
and that the Senate must determine
| for itself every question which arises,
unless the Chair is permitted to der
ternline in case of this sort, affect
/ ing so nearly the organization Of this
! body. The Chair feels himself con-
strained to submit the question. Of
order to the Senate. Will the Sena-
tor from Michigan state his point of.
order in writing?
Mr. Dixon-I arise to, point Of
order.
Chief Justice-A point of order is
air ady pending, and this point can
not be made until the other is de-
cided.
Mr. Dixon-I desire to know,
/ whether a point of order cannot be
made In regard to that question. la
Howard called Dixon to order, on
! the ground that the 23d rule adopted
/ by the Senate for the government of
the court, required all questions of
order to be decided without debate.
Tae Chief Justice ruled that the
court was notyet organized, and there
fore the 23d rule was not Dlndl0 l0g.
From this decision of the Chair,
Drake appealed; and the question
on the appeal was taken by ayes and
nays. The decision of the Chair was
sustained by ayes "a, nay, 20.
Yeas-Anthony, Buckalew, Cor
bett, Davis, Dixon, Fessenden. Fow-
Ter, Frelinghuysen. Grimes, Hender-
SOD, Hendricks. johnson. McCreery,
Morrill, of Maine, Norton, Patterson,
OF Tennessee, Pomeroy, Ross. Sauls-
bury, sherman, Sprague, Van Wlnkle,
/ Wiley and Williams.
Nays-Cameron, Cattell. Chandler,