Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-24
THE IMPEACHMENT
ANOTHER DAY SPENT IN THE PRE-
LTMIN-iRIES.
Senator Clough Allowed to "stick''-The
jurisdiction Point Raised by Pages
Counsel Overruled-About Ready for the
Testimony.

Page, answering to their names at roll call.
The president announced his reception of
postal card from Senator Page, stating that ill
ness prevented his attendance, but that he
would probably be able to take his seat in
few days.
Senator s. A. Hall who had not been present
at any of the previous sittings of the court,
appeared, subscribed to the OATH and took his |
seat. The oath was also administered to the |
assistant stenographer.
THE RULES.
Senator Edgerton, from the committee APP
pointed to prepare additional rules, reported, |
submitted substantially those adopted by the
U. S. Senate in the trial of President johnson.
They were adopted. They provide among other
things, that the president shall direct the forms
OF trial, and rule as to qestions of evidence and
incidental matters arising; witnesses to be ex-
amlned by one manager, and cross-examlned
by one counsel; the Senator called as witness
to give his testimony standing in his place;
twenty minutes to each side allowed for argu,
ment of preliminary questions; the vote, and
in the final argument two of each side to be
heard, the managers to open and close; the or
ders and decisions and the final vote to be had
by yeas and nays.
Senator c. D. Gilillan, from the committee
on stcnograph report, recommended that the
full proceedings, except documentary matter,
be taken, which was agreed to.
On motion of Senator Pillsbury, the presi-
dent was instructed to appoint committee of
three to audit the expenses of the trial
Senator Rice offered a resolution authorizing
the sergeant-at-arms to appoint one assistant
Senator DOran said that officer already had
one assistant and he saw no necessity for
other.
Senator Rice explained that it was probable
that officer would be absent good portion of
the time and another assistant was thought
necessary.
Senator Armstrong settled the matter by
calling attention to the fact that there was
committee to look after that matter, and on his
motion the resolution was referred to that
committee.
THE PROTEST.
The President announced that the first bust
ness to be considered was the protest of re-
spondent, submitted yesterday, as to Senator
Clough, of Mower, not being entitled to sit in
the case. At the suggestion OF Mr.. Davis, of
counsel, hour was given each side for
argument, and that gentleman proceeded to
present the reasons why the protest should
stand only brief outline Of which is at
tempted.
He commenced by calling attention to the
fact that for the first time in the history
of the State the Senate had been called to-
gether with the certainty of exercising the
authority devolved upon it by the constitution
as court OF impeachment. He then proceeded
to argue that the Senator, being himself a
party to the prosecutions an important witness
at the examination resulting in the finding of
articles Of impeachment, and having already
formed and expressed an opinion as to the guilt
OF the accused such an expression of opinion
having been a principal issue in the political
canvass which resulted in his being elected a
member of the Senate, he had no right in
equity or justice to sit in judgment upon re-
spondent, and also that the Senate has the
right and authority to purge itself of
all and every element calculated to
prevent a fair and impartial trial. and unbiased
Judgment upon the law and facts of the case
The question raised by the protest, he argued
was second only in Importance to the final
finding. He acknowledged that the position
difficult one for the Senate, but called at
tention to the fact that the instrument CT eating
the court must be construed in its broadcast
and most comprehensive sense. The great bill
of rights declared that no citizen should be de-
prived of any Of his rights without due process
of law. One of these rights was a speedy and
impartial trial for any alleged offense-the
right to have Justice melted out to
him freely, and without purchase. In
the most insignificant court trial, a case
where hog was in issue, u juror could be OBJ
jected to for bias, and to assert that the Sen
ate. sitting as court, in where a mans
dearest rights were in jeopardy, could do less
preposterous.
He said the constitution gave to each house
of the Legislature the power to decide as to
the election and eligibility of its own members,
and maintained that the same authority in
hered to the Senate when sitting as a court. He
read from Jefferson's manual ON this point,
and cited the argument of John Quincy Adams
given in the trial Of Judge Pickering during
President Madisons administration, in support
OF this theory, and also to the protest of Hon
Reverdy johnson in the trial of President
johnson against Senator Wade, of Ohio, being
allowed to take part in the proceedings for the
that hpI no b,r
an interest in the result. Another case cited
was the impeachment of Judge Frazer of
Tennessee, where his brother being a Senator.
challenge was entered by the managers and
the challenge sustained by the Senate, 10 to 6.
MIR. Davis points We're presented with his
usual clearness and force, and may be briefly
summed up follows: That the Senate sit
ting as a court of impeachment had the same
judicial authority as other courts; that both
were judicial; both passed upon issues Of law
and fact, and that both were bound by the law
under which they operated to nse all powers to
give accused a free and impartial trial, and
that to secure such trial each possessed the
power to purge itself of anything calculated to
prevent such result.
Hon. s. L. Campbell replied to MIR. Davis for
the managers, and denied that respondent had
the right to make the challenge submitted
There was, he said, no analogy between this
court and u trial court. In the latter case the
law provides for challenges in certain cases.
SeNHfp
sitting as g. court of impeachment, and the
reason is apparent. If challenge could be
successfully interposed, for the reasons adj
vanced in the case Of the Senator from Mower.
1t could for other reasons, and carried to such
an extent as to destroy the court itself. there
being no authority for supplying vacancy in
this case as in juries.
Abiding to the case of Senator Wade in the
johnson impeachment case, he said the real
point made against his sitting in the case. was
the fact that he being next in succession he
was personally interested in the result. a fact
that did not apply in the case of the Senator
from Mower And yet the United States Sen
ate, after long discussion, decided that Mr.,
Wade was representative of the people of
Ohio, acting in his own interest and that it
had no right or power to disfranchise that peo-
pie. ~
Mr.. Campbell also called attention to the
trial of Judge Barnard of New York, where two
Senators being personally interested asked to
be excused, their request being seconded bv
counsel, but the Senate refused.
Mi. campbell extended his argument of the
points above mentioned, laying special stress
upon the fact that Senator Clough was the
representative of the people of Mower comfy
elected by them to act for them upon all ones,
I1ons That should arise, and that his associates
mad no authority to deprive them of the seryi-
ces OF their legally accredited agent,
Speaker Gilman followed MIR. Camnbell
pretty taking EXCEPTIONS to the claim Of Mr..
Davis that the Senate was a court onJ
should be governed by the same principles Of
law applying to courts. In support of this he
read from article of the constitution
set forth. In another part of the constitution
he said, it is declared the House of Renresenta'
tlves shall lmpeach, and the Senate trv and
pass judgment. The constitution provides ali
the details of organization of courts but m
the question of impeachment. much was La
nct9 n