New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-03-07


SO 20 lie decision of the chair sustained
The announcement Of the result was followed ny mhhl
festatiOns OF applause III the B"lieicS' VIM" "'''
Mr. DIX on then proceeded with his argument He
not uumindfu OF the high character OF the senator IV
ohio and dd not forget what he had learned from his
alton in the Senate for nearly ~ }eas C LIE gHy
fbst that senator much raised above ue nPereo
non Sls i il va possible for any member to be.
Mr. CONNEss raised the question OF order mat INC
senator was not confnng himself within the limits oil
's Te CHIEF JUSTICE was greatly emsaEassed in at
tempting ascertain the precise scope OF debate 10 Dc IN
need m and therefore no was spared to say That the
Mr. D(X0N continued his remarks and did not suppose
that In dsavowng personal objection to the sG9ator
from ONO, lie was Infringing tho Iues % Sa Gorhg
advantage or profit was TO Oe aecLded 70 nat
Senator from the trial WatWa NJ hat was the nature
veri had spoken of IL as thing consequence,
but IL was nothing less than the high office OF President
ambition I'm this country, and perhaps IN the world
Mr. eTEWART called the Senator fron Connecticut 10
order lie discussing the main question: not the
ti ri sTICE remarked that he had already
ad IN was very difficult him TO determine the precise
limits OF debate on the point OF order taken by inc seh
Tor from Mif tra indiana IendcEs and the validity Of
that objection must necessarily become the SUBJECT OF
debate and he unable 10 pronounce the Senator
from Connecticut out Of order.
Mr. DIXON resumed his speech. lie Ventured 10 say
, th the Great Temptation OF the Presidency operat-
Inc on The human mind, II would be nothing less than
miraculous IL the Senator nom OHIO could DO Impartial
Nothing % aR on the the S heart T
sRheh cireumstances make any human being Impair
tlsI IL might be said that the objection made was
not within the letter the Constitution. The COnsttu
ton did not he admitted expressly prohibit member
acting az Judge in case Of Impeachment He was not
prepared say that the Senator from Ohio within
the letter OF the express prohibition Of the institution
but ne certainly within spirit and he assumed
the Senate here 10 act not the letter but
the spirit Of the Constitution The Constitution nowhere
says that the presiding officer pro poye on trial OF
this Kind shall NOT woIe G S non tGe
give the casting vote 10 trial OF this kind The reason
was clearly manifest that not necessary 10 give IT,
there such direct interest in tic Vice
improper that he should preside In proceeding through
which vacancy might be created. The trainers OF the
Constitution knew that the provisions OF the common
law prevented man being judge in his case They
knew that had been said by learned commentator,
the omnipotence Of Parliament was limited In that re-
spect, and that that omnipOtent body could not
make Judge in his case. n 1t would shock
throughout the world for the vcePfesidento act would
have LEES effect relation 70 the presiding officer pro
Senator acting as judge In case which, In certain
event was TO place him in the Presidential chair.
! Mr. HENDRICKS said that In making the objection he
did not question the general proposition OF the night Of
but no claimed that BY his own act he had accepted
position which dlsqIalied him from sitting az Judge N
the Senate that disqualified him. This question necessa.
yDy members 10 often occurred IN lilo Uoise Of
Representatives when members called - be sworn,
and ~ had necessarily TO be decided before the organza
ton was complete The question must, therefore, de-
cded here Substantially the body was court 10 had
not 10 consider the legislative questions at all. The
| question was whether the Senator from Ohio could
participate IN the TRIAL He Hendricks had held In tho
StOcktOn case that Senator might vote ON question
where he had an interest but the Senate had decided diff
feIenty anl he held 10 that decision OF the Senate
lie DC eyed that the Objection was made at the proper
time but az some " the Senators who had sustained the
general objection, particularly the senator from Dela'
ware CAyard) seemed to intimate that the objection
might be reserved aud made at another tIne he w0d
withdraw X.
! THE DISPUTE ENDED.
MI. Hendricks having thus withdrawn ms objection
the motion offered by Senator johnson ana te question
Of order submitted by Senator Howard fell 10 the ground
] THE ENTIRE SENATE SWORN
Senator Wade then forward ana TOOK the Oah as
administered TO him by the Chief Justice
The other Senators who had not already been sworn
| having been called, Que by one, took thg 0alh'