The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-09

Mr
vote in case wnere he is interested, and cnted
oe nrececert the case of Stockton. who was
not allowed to vote when his own seat was
nnder contest in the Senate, and while he was
member OF that body.
Here general debate followed, the Radicals
generally favoring Wade, the Democrats oppos-
ing his taking the oath.
Do1Nas ON FRlDAY-A POINT OF oRDER-THE
CHIEF JUSTICE ovERRULEs IT-APPLAusE IN
THE aA1LER1Es-sENAToR WADE SWORN M
PRESIDENT JOHNSON SUMMONED TO APPEAR
MARCH Ii.
Tie crowd in the capitol on Friday was even
greater than on the previous days. No person
was admitted who could not be provided with
seat, and extra policemen were stationed ID
the halls to keep them from being filed up,
and thus prevent passage to and from che
Senate.
At one o'clock the acting Vice President sta
ted that the hour having arrived for the con-
sideratlon of questio g appertanng 10 me I'M, a.
peachment of Andrew johnson, President Oh
the United States, he would now vacate the
chair. Chief Justice Chase, who had entereq
| by q rear door, Instead Of by the main door ol
| chair. and the Secretary OF the Serate, Mr'
| John w. Forney, proceeded to read the pro-
| ceedlngs OF yesterday. ~ .,,o o,.dor
of business before the court was the conSIue,- y
alton as the question whether Senatos nauo Sues
was ntitled 10 be sworn IN, anu upon tois oon-
ator Dixon had the floor.
Sena,or Howard arose to O point OF order,
and maintained that the rules adopted py t5e
| Senate required that the Chief Justlce shoui9 !
swear in all senators before organizing salo
court, and therefore before any furtner pro-
| oeeding was had he called upon the Chiei Jus
tice to decide this question.
The Chief Justice then arose and salo inaC
he SHOULD recognize the rules OF order OF INC
Senate as the rules governing these proceee-
lnps but that in view OF the Importance OF thls
question the chair would feel constrained 70
submit it to the Senate for decision ano ~ouu
ass the Senator from Michigan to reduce ms
point Of order to writing, Ihls haSlmg peod eod
done the, Chief Justice read 1t 20 the cour. anu
rnled that the point of order was debataole.
Senator Dixon then arose to speak, but Sena-
for Drake again called him to order, ana INSIST
ed that points Ct order were not ocDateaD,S anS
nnder the rules. Senator Howard read the Z3o
rul, adopted by the Senate, ana 1TSeu rI:a SHas
under il debate was out OF order. Inc ChleI
Justice reiterated his declslon' anu An' AiAol
again took the floor. ,...,.
Things at this point began to look little
mixed. the Senators ,neraly shown more
feyerishness tban is their usual placid wont,
and the Chief Justice appearing not partlcu-
larly pleased with the drift OF affairs.
Mr.. Dixon had proceeded but moment when
Mr.. Sherman called him to order, and insisted
that the Senator from Connecticut was not
combining himself to the question of order. but
to the main question. Tie Chief Justice decl,;
ded that the point Of oruer was well taken, and
that MI, Dixon must contine himself to the dls-
cussion of the question OF order.
Mr.. Dixon had proceeded but few minutes
when MI. Drake tor the third time called HIM
to order, and maintained that under the
twenty-third rule he could not proceed. The
Chief Justice decided that the court, not being
organized, these rules did not apply. to this
body. MIR. Drake appealed from this decision
to the Senate, and the yeas and naIs were
called. and the Chief Justice was sustained by
a vote of twenty-three ayes to twenty nays.
Some persons in the galleries, upon the an
nouncemeet Of this vote, commenced to ap,
applaud, but the Chief Justice arose and called
out quickly, "Order, order" and quiet was re-
stored.
This decision, and the fact that it Was sus-
tanned by the Senate, created qnite buzz
amongst the newspaper men present as es-
tabhshing that the Senate is not yet organ
lied as court, but is proceeding uader It's
ordinary rules as Senate, and the question
how far this would complicate the proceed
ings, was discussed with animation IN oil It's
At o 9D p. M. MIR. Hendricks Withdrew his
objection to Mr.. Wade, and til, latter was
sworn in by Chief Justice Chase.
Other senators names were then called, and
all present were sworn IN.
After all the senators had been sworn in the
Chief Justice arose and stated that the Senate
was organized as court for the trial of An
drew johnson.
The sergeant-at-arms then made proclama-
tions for all persons to keep silence while the
court was In session.
On motion of Mr. Howard, the Secretary of
the Senate was ordered to notify the House
and the managers on the part of the House
that the court was ready to proceed with the
Trial, and would receive the managers OF the
House.
at fifteen minutes to three o'clock the man.
ayers of the House with the exception OK MIR.
Stevens), appee~'l before tue bar of the Sell
ate. and Mr.. E .,nam, rs chairman, demand
appearance IN court Of Andrew Johnson, Presl-
dent of the United States, 10 answer to said
articles OF impeachment.
MIR. Howard then moved that O summons be
issued to Andrew johnson to appear before
the bar of the Senate on Friday, March IL, at
O'Clock, to answer to said charges.
This was adopted, and the court then ad-
journed until that day, March Is.
TEE VIEWS OF CHIEF JUSTICE CHASE ON TIE
IMPEACHMENT TRIAL HE OPPOSES THE RULES
ADOPTED BY THE SENATE.
The following is the communication sent to
the Senate on Wednesday last by Chief Justice
Chase, giving his views in opposition to the
lules of proc ceeding on the impeachment trial
adopted by the Senate:
To the Senate Qfthe United Slates :: inasmuch
as the sole power to try impeachment is vested
by the constitution in the Senate, and it is
made the duty Of the Chief Justice to preside
when the President Is on trial, take tho
liberty OF submitting, very respectfully, some
observations in respect to tho proper mode OF
proceedings upon the impeachment which has
been preferred by the House of Representatives
against the President now in Office.
That when the Senate sits for the trial of an
impeachment it sits as court, seems unques-
tionable.
That for the trial of an impeachment of the
President, this court must be constituted of
the members of the Senate, with the Chief
Justice presiding, seems equally unquestlon-
able.
The Federaist is regarded as the highest
cotemporary authority on the construction of
the constitution; and in the sixty fourth num-
Der the functions Of the Senate, -'ssitting in
their judicial capacity as court for the trial
of impeachment" are examined. In o para
graph explaining the reasons for not uniting
'sthe Supreme Court with tile Senate in the
formation Of the court of impeachment" it Is
observed that s'to certain extent the benefits
OF that union will bo obtained from making
the Chief Justice Of the Supreme Court, the
proposed in the plan Of the convention, while
the iDcOnvoniances of an aotira ironr ,oro f,o,