Year: 1868

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The CHIEF JUSTICE iniimated that the senstor from
Connecticut should speak within the rules.


Mr DIXON SAID that II allowed 10 go on without intef
ruption, he had proposed go the general merits
OF the questions but as IL appeared 10 the opinion OF
the Senate that he conld not do g, he would
pass Its attention In that regard Ho proposed to
discuss ths question under tho constitution, use and


Mr.. HOWARD call the Senator from Connecticut to
order, and ask whether IL Is now in order take an
appeal from the decision OF the ChairP


Mr. DIXON submitted that that was not such ques.
uon o. oruer Us the senator had right to raise The
only question he had right 10 RAISE was whether he
(Mr Dixonl was out OF order


Mr. HowARp-Very well; I raise that question dis
tincty, and cali the Senator to order / make the
point tnat the rule adopt ed by the Senate
thst all orders and decisions shall be taken BY


Tho CHIEF JUsrIos In deciding the point OF order said
the rule rule for the proceedings OF the
Senate whom organized for the trial OF an impeachment
II Is not yet organized and In tho opinion Of Chair
the twenty-third rule does not apply at present


Mr. DRAKE appealed from the decision.


The CHEZ JUSTICE resated the decision and stated
that the question was sha the opinion Of the Chair
stand as the judgment Of the Senatepn


The question taken by yeas and nays and resulted
yeas "a. nays 20, az follows


YnAs.Ms;sr. anthony Byclalsw Corbett Davis Dixon


h
e Wsg s1: Sherman


NAIEsIMessrs Oameron Gatte,l, Chandler, Chandler
e.ss Rssss fs ys samas
Thayer, Upton, Wilson and Yates-0


so the decision OF the Cnafr was sustained.


The announcement Of the result was followed by
promptly checked.


Mr.. DIXON then proceeded with his Argument He
said he was not unmndfu OF the high character OF the
Senator from Ohi0 and did not forget what he had
twovs years OF his inst ana generous nature He ac
knowledged most cheerfully that that Senator
much raised above the perfsction and faes Of this
wsak DEPRIVED corrupt human nature a. is was poss


Mr. Cossxss (rsp) OF Cal raised the question Of order
that the Senator was not combining himself within the
limits OF debate.


The CmEy JUSTICE said he was greatly embarrassed in
attempting 70 ascsrain tho precise scope Of debate TO be
ndulged in and therefore he spared say that the
Senator from Connecticut was out OF ORDER


Mr. DIXON continued his remarks and said he did not
suppose that IN dsavowing any personal objection to
the Senator from Ohio no Infringing the rules Of
debate any advantage profit to bo accrued TO
VIVA. was the nature Of his ntsres The senator from
Massachusetts tM SumneTt had spoken Of it as matter
OF trng consequence; but nothing less than tho
high Office OF President of the United States 1t
the highest object or human ambition in country,
and perhaps in the world.


from Connectcut TO order. He discussing the main
question, not tho question OF order


The CHIEF JusncE remarked that he had already said
II very difficult for HIM to determine the precise
limits Of debate on the point Of order taken by the
Senator from Michigan. The nature Of the objection
taken by the Senator from Indiana (Mr Hendrcks and
the validity Of that objection, necessarily become
the subject Of debate and he unable pronounce
the Senator from Connecticut out Of order.


Mr.. DIXON resumed his speech. He ventured TO say
that with the great temptation Of the Presidency opera
ing on the human mind II would be nothing short Of
miraculous If the Senator from Ohio could be impartial
Nothing short OF the power or Omnipotence operating
directly the human heart could under such circum.
stanceA make any human being impartial II might
be said that the objection made was not within the letter
os the constitution. The constitution did not he ad-
mted, expressly prohibit member Of the Senate act
ing a. presiding oScer pro mporc from acting as Judge
in Of impeachment. He not prepared to say
that the Senator Ohio within the letter OF
the express prohibition OF the constitution but he GER
tainly within It's spirit and he assumed that the
Senate was here to act not on the letter. but the
the constitution that the presiding officer pro epore
trial OF this kind shall VOTE The provision only
that the Vice President Of the United States shall
kind The reason Of that provision has al
ready been explained. That reason was so mani
Il was thai there WAS such dcs Interest in Ss Vice
President in the result Of the trial that deemed
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 q man being q judge In his own case
They knew that as had been said BY learned com.
mentator, the omnipotence OF Parliament was limited
In thai respect and that even that omnpotent body
could no. make imam Judge II his own case Il
ing Of justice throughout the wordfor the Vice Presi
dent 20 ac would Il have less effect In relation 70 the
pict the mproprety OF Senator acting judge in q
case whicn, in certain event. was to place him In the
could not waive his objection In this case. II was a
question In which the people Of The United States
were 0eepy Int0roWeu, muet Do decided Oy Inc
laws and tho constitution and BY the great rules OF
right The objection was not, as had been argued
premature 0r M there were % many preliminary auss,
might proceed 10 vote. II there anything desirable
In trial 1t that In tho first place It should be i'm.
partially just and that in the second place II must sp
pear the public mind that It was mpartially just n
the Senate decide that the Senator from Ohio,
who was TO benefit by the deposition OF the President,
could take part In his trial. there would certainly be
doubt entertained In the public mind OF the fair
Of the trial. II history should have 10 record that
fact the sympahes OF the civilized world would 90
with the deposed President


Mr.. HENDRICKS, (dcm) OF Ind. said that in making
the objection which he did he did not question the gen.
eral proposition OF the right OF the Senator from Ohio
to vote on all proper quesons but he claimed that by
his act he had accepted position which disQuai-
fed him from sitting as judge In this case. IL was
therefore his act not the act OF tho Senate, tna
disqualified him. This question necessarily arose often
10 the organization OF bodies composed OF many
tives when memoers called to be sworn, and IL
had necessarily TO be decided before the organization
cded here. Substantially the body a court, Il
had not TO consider legislative questions at ALL The
judgment OF each Senator was controlled altogether by
questions OF law and OF fact and the body was there
fore, IN its very essence and nature Judicial body.
The senate ceased to be body for the consideration Of
legislative questions and became body for the consid-
GRAFTON Of judicial questions The first step in passing
from character TO the other character the
appearance OF the Chief Justice OF the United States in
tho char The next step was that Senators should take
the that judges they would be fair and just and
the question u this stage as 10 the competency OF
q certain SeDhoT ine question was WnetDer tno ocna-
tor from Ohio could participate In the trial He mr.
Hendeks had held in the Stockton case that Senator
might vote on question where he had interest," but
the Senate had decided differently. and he now held
that 10 be the decision OF the Senate He some-
what surprised hear the Senator from Massachusetts,
tMr Sumner) argue pow In The contrary view He be-
ieved that the objection made at the proper time
but as some OF the Senator'S who had sustained the
raj objection particularly tba Senator from Delaware
tMr. Bayard, seemed TO intimate that the objection


might be reserved and made al another time, he would
withdraw IT,


Mr. Hendricks having thus Withdrawn his objection,
the motion offered by johnson and the question
OF order submittedl by Senator Howard fell 70 the
ground


Senator Wade then came forward and took the oath
as administered to MIN by the Chof Justice Tho other
Senators who had not already boon sworn were called
one by one, and took the oath.


Then the CHss JUsrIcE, rising lsad--"A tho Senators
having taken the oath required by the constitution tho
court Is now organized for the purposo Of proceeding
with the trial OF tho impeachment OF Andrew johnson.
The Sergeant alarms will make proclamaton.n


The Sergeant. Arms then made the formal pro-
clamation in these words:-"Hear 20 hear ye hear
vel All persons commanded 10 keep silence, on
pain OF Imprisonment while the Senate OF the United