Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-01

1 that after tho ;,sssare of the tenure of office
act the presiaen, signed different form of
| commission, made IN ACCORDANCE with said
act. thereby recognizing its binding force
and legality.
TIE witnces testified to the changes ipdi-
Gated. which were read by Secretary For
ncy. The words stricken out were, During
tie pleasure Of the President for the time
/ being" The form Of commission for Treas
ufg appointments was also produced, ard
wlihess test + q - The striking out OF the
same words as .bove quoted, and the SUBJ
sldui1ca 10 TIER lace oil The words I'm
les 'his commission be sooner revoked hv
the pfesiactt e the United States for tie
tine lei,g"
Dir. Van Horn, q member Of the House OF
Representatives stated that h. was presen,
al The War Department on Saturday, the
22d day of February. 1868, at two minutes
msnded OF Mr.. Stanton possession of the
Office as Secretary of War. He testified that
Gen. Thomae, after exchanging salutaiiops
with those present. said to Mr. Stanton:
am Secretary of War od interim, appointed
and authorized by the President 10 take
possession OF this Office" Mr.. Stanton or
deied him TO repair 10 his room and perform
his duties as Assistant Adjutaut General,
which he refused to do. saying he intended
10 exercise the functions of Secretary OF
| War, and would receive the mails Of the
| Department Mr. Stanton said he would
| do go at his peril. Mr. Thomas Left the room
and witness last saw him in the room Of
Gen Schriver.
| The witness was cross examined by Mr..
Stanbery. relative of his had business al
the War Department. who accompanied
him, sc. lie went with Mr.. Stanton to
| hlr Schriveis room and was requested by
| Nj. stanton Ia take notice OF the question
he was about To ask Mr. Thomas, which
was whether he intended TO obey his orders
n. cTe.ary OF Wa. Mr. Thomas replied
that he did not.
Waiter A. Bu,leigh, delegate from Da
| ko'ah, was examined.
Mr. sianhery wanted 10 know the object
OF this examination rs to the conversation
between tine witness and Mr.. Thomas
.r Batter replied to show that the intent
and purpose OF MIR. Thomss wus 10 take
possession Of the War Department by-force
Sir Stanbery objected to the testimony
and the objection yeas sustained by the Chief
Justice.
Mr. Drake said that, the question should
be submitted TO the Senate and appealed
from the decision of the Chair
The Chief Justice said that il was his
duty according to the rule.
the Chief Justice that right.
Mr.. johnson called Mr. Drake to order
on the g-ound that he could not debate the
question.
The Chief Justice said tina. when point
of evidence or form of law came before the
Court in the first place the ~ lei Justice
was the proper person to decide it, and
then the Senate on it's being submitted to
them a, the suggestion OF member
Mr. Butler argued that the presiding off,
Ger of the Impeachmt nj Court had no right
TO decide questions of law or evidence.
The Chief Justice then stated the point
raised .or the decision OF the Senate.
! Mr. Drake objected to the ruling of the
, Char.
r The ChiefJ ustice called the Senator to
order,
,, Mr.. Conkling called for the reading Of the
It'll rule, and II was read
Sir. Bingham maintained that the rule
only authorized the Chair to submit ques-
tions TO the Senate. The Constitution itself
Ia saying that the Senate should have sole
r power To try impeachments, settled the
Whole question. The rulings Of Parliament
decided that the presiding officer had no
part in passing on questions law and fact,
but was there only IN ministerial capacity,
with no right To make decision. lie con-
tended that it was a matter OF great i'm
. portance whether the House could reach
the Senate directly or whether the Chief
Justice could stand between them. Unless
some senator offered the Managers a cour-
tesy, he protested against the House being
bound and land before the feet of any man,
however high or pure he might be. II The
, precedent w.re established. we might some
r day have q JeilrIes in the Chair. We have
had johnson II the White House and may
have n J,ilros in the chair OF the Chief
Justice.
The Chief Justice put the question as to
whether his decision should be sustained by
the Senate
, Nj Drake said the presiding officer had
made n decision which be had no right to
make, but before he finished, Mr. Wilson
moved tina. the Senate retire for consuta-
tion, tut withdrew il.
. Mr.. Boutwell, said the Chief Justice did
Dot preside as member of the tribunal, for
u the Senate is given the sole power to try
impeachment. which gave it the right to
decide all questions. 10 well ~ the question
ot.gui, or innocence. lie tBoutweD did
not object to the Chief Justice giving his
4, decision or ruling, but il should be subject
10 the decision OF the Senate.
:. Mr. Bingham read an abstract of authori-
! ties which he had collected, touching this
question
, Mr Batter read from the report OF the
trial OF Judge Chase an instance where the
= presiding fiicer had pat question To the
! senate iar decision without expressing his
opinion
Mr. Evarts referred to Mr. Boutwell,
acknow lcdeement that great Inconvenience
would result il the Senate were to decide in
liz first instance on all introductory CUES
tons, but he said that the counsel did not
M that tbie WAC merely n ntaftpr inf can
yenicnce, 1t was matter of right.
The yeas and nays were then taken on the
melton To retire for consultation, resulting
{, in tie vote when the Chief Justice voted
7 in the affirmative, and the Senate retired
: Al 90
soon after the Senstc retired the galleries
hec0a TO thin out, the members OF the
House gathered in knots and INDUCED in
boisieruus conversation, and the counsel for
: the President consulted together Three
4 hours passed and still The Senators did not
return 10 their chamber, and the general
4, appearance of things was lstless and unin-
teIestiug AT last al twenty minutes past
six the Senate returned
The Chief Justice called the body TO or
der, and said the Senate has had under con-
, sderaton the question which WAS discussed
before it retired, and has directed me to re
port the following rule
Rule The presiding officer Of the Sen
ate shall direct all necessary preparations in
: the Senate chamber. and the presiding
\ officer of the Senate shall direct oil the
forms of proceedings when the setting il
for the purpose OF trying an impeachment
and all forms during the trial not otherwise
= specially provided for; and the presiding
officer on the trial may rule on all questions
of evidence. and on incidental questions
which decision will stand as the judgmen,
OF the Senate for the decision, or be may, al
his option. in the first instance, submit any
, such question 10 q vote of the members oil
: the Senate
When the Court returned to the Senate
J. Chamber at 6:20 and announced the result,
of its deliberations there was shade
OF disappointment on the faces of all the rad
= icals At the action which virtually sustaint
the Chief Justice in his views
d Mr.. Butler minated that the Managers
n desired to retire Tor consultation.
Senator Irumbul said unless the Man
,f ayers desired the Senate to continue il
ID session he would move AN adjournment
y After which the Court adjourned till tc
m0rYaw