The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-04-04

ler. in substance, that he must not state the
evidence. And now came most extraordinary
and painful scene.
MIR. Drake, Of Missouri, rose, and in very
rude manner denied the right OF the Chief JUS
tice to make any decision upon the proper
mode Of proceeding. All fel; now that crisis
had come in the trial, and C question, the de-
cision Of which might involve important con-
sequences. The Chief Justice bore himself
with his customary quiet dignity. He stated
briefly and succinctly the relation to the trial
assigned him by the const tuition, the rule Of
the Senate, and the prece6ente, according to
which it was first his right and duty to decide
questions Of order and evidence, and then, if
any senator desired q vote, it was to be sub
mtted to The Senate for their decision. To
this view Mr. Butler made & formal speech in
reply, and then, the Presidents counsel not
choosing to answer, the Chief Justice put the
question for The vote Of the t3enate. Forthwith
sprung to his feet MIR. DRAKE, Of Missouri, in
the most offensive and impelvious manner, cor
recting the statement of the question by the
Chief Justice. He was promptly called to or
der by the latter, and took his seat-a moro
orderly, if not wiser man.
Speeches followed by Messrs. Bingham, But
Ter and Boutwell,, all urging that the powers of
the Chief Justice did not extend to q decision,
even though preliminary, and that the ques-
ton was 80 important that, if ruled against
them, they would probably desire to consult
the House before proceeding further. This
was evidently meant for intimidation. Only
word was said by MIR. Evarts, and that was in
his usual happy, incisive manner, in reply 10
MIR. BoutwelIs proposition that the rule should
be established as they proposed; but inasmuch
as it might prolong the trial for the Senate to
decide all questions Of evidence, &C., the man
ayers would, in their discretion, take only
few appeals, and use their power sparingly.
Mr.. Eyarts said that either rule coDtended for
was agreeable to the Presi 1ent's counsel; but
that they did not want part Of one rule and
part Of another, at the discretion Of the man
ayers.
The Senate then voted OIL the motion to re-
tire for consultation, and tie vote was deter
mined afirmatively by the casting vote of the
Chief Justice, being his first vote 80 far. The
Senate were out over three hours, and the gas
had been lit when they returned. The result
was announced. It was new rule in lieu Of
the seventh rule, and was baaod upon the pre-
else construction heretofore given to that rule
by the Chief Justice. The rudeness and VIC.
lence Of Mr.. Drake, the threat Of the House
managers, had met fitting and just rebuke, and
they, as well as the ultraists, were taught a
lesson for the future.
On the whole, the proceedings Of Tuesday
can hardly be considered good days work for
the impeachers. They los; prestige, and suf-
fered grave defeat. We suspect that Messrs.
Boutwell, and Bingham now begin to appreciate
that they have large business in hand. MIR.
Butler, with more wit, has known it oil along;
but then he has aims, probably, which do not
appear on the surface.