The Senate was called to order by C. H. Walker, Secretary.

All the Senators present.

A communication was read from Acting-Governor, W. H. James, announcing the resignation of President E. E. Cunningham.

On motion of Senator Tucker, Senator Brown was elected temporary President.

On motion of Senator Gerrard the Senate proceeded to the election of a permanent President.

After nineteen ballots were taken, Senator Sheldon was elected, who declined to serve; and on the twentyfirst ballot, Senator Hascall was elected.

The Senate then, at 8 P. M., adjourned till to-morrow morning 9 o'clock.

WEDNESDAY, May 31, 9 A. M.. Senate met.

After the Journal was read and approved, Acting-Governor James administered the oath of office to President Hascall.

The roll was called and all the Senators responded to their names.

The PRESIDENT. I have received the following communication, which the Secretary will read:

To the Honorable President of the Senate:

SIR.-I take the liberty, upon the re-assembling of your honorable body, to communicate with you upon the subject of the five per cent. fund.

Early in the spring of 1869, soon after the collection of that fund, I made a loan from the State of Nebraska of $16,881.26, and afterwards amply secured the same by bonds and mortgages.

This was done in perfect good faith, and with the understanding that the loan was perfectly legal.

Many of my fellow citizens have differed with me as regards the legality of the loan, and the sufficiency of the securities, and while I am unchanged in my opinion on the subject, and conscious that I have, at no time, done other than my duty in the premises, I am ready and willing (in order that this subject of dissension may be disposed of), to deposit in the State Treasury, the full amount of said loan with interest from the 25th day of May, 1869-the date of the arrival of the fund in Lincoln, in charge of the Deputy State Treasurer,-and I ask for the passage of an act providing for the cancellation of the securities.

I sincerely trust that this proposition on my part may be received in the same spirit in which it is made, and that harmony may again prevail in the administration of our State Government.

DAVID BUTLER. EXECUTIVE DEPARTMENT,

Lincoln, May 30, 1871.

The PRESIDENT. What disposition will the Senate make of the com

munication? If there are no suggestions, the next order of business will be taken up. Are there any resolutions?

Senator THOMAS. Mr. President: I offer the following:

Ordered, That at 11 A. M. to-day, the Senate resolve itself into a court of impeachment for the consideration of Articles heretofore presented by the House of Representatives against David Butler, Governor, as is provided for in our 24th Rule as follows:

24. If the Senate shall, at any time, fail to sit for the consideration of articles of impeachment on the day or hour fixed therefor, the Senate may, by an order to be adopted without debate, fix a day and hour for resuming such consideration.

Which was adopted and a recess ordered.

AFTER RECESS.

The Senate met at 11:15 A. M.

The PRESIDENT. The time haying arrived, fixed by the order of the Senate for resuming the consideration of the articles of impeachnient against David Butler, Governor of the State of Nebraska. the Senate will now resolve itself into a court of impeachment, to proceed with said case, and the Sergeant-at-Arms will make due proclamation.

SERGEANT-AT-ARMS. Hear ye, hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the Honorable Senate sits as a court of impeachment for the trial of David Butler, Governor of Nebraska.

The Journal was then read, wheu Mr. Redick rose and said: "Mr. President: I desire to say that my impression, from hearing the Journal just read, is that the motion for a continuance, made on the last day of the court, came from the side of the Managers, or from the Senate. The counsel for the Respondent, it is true,

asked for a brief delay in order to secure and introduce new testimony. But I do not think we asked for sixty days' time. However, the original order will show.

The SECRETARY. The affidavit of respondent shows that he asked for a delay of thirty to sixty days.

Manager MYERS. Mr. President: I desire to state that the Managers on the part of the House of Representatives have retained Judge Wakeley to assist in conducting the trial of the articles of impeachment. Judge Wakeley is now present.

Mr. ESTABROOK. Mr President: It will be rembered that when this case reached a conclusion on the former trial, the counsel for the re spondent asked for a continuance, I think, at least for sixty days, to enable the respondent to introduce further testimony. The Senate very courteously granted that request. Therefore, the Managers signify their readiness to go on with the trial, now that the period of that continuance has elapsed; and hope the respondent and his counsel will at once proceed to introduce whatever new testimony they may have.

Mr. President: I

Mr. REDICK. do think it is true that the motion for a continuance was on our part, but the Senate will well recollect that when we first made the application, we only asked until in the afternoon, our affidavits were given so, and we expressed at the time that we wanted simply a few days to get certain testimony that was in Washington, that was one branch of our testimony, but the motion to adjourn sixty days came from the Senators, or from the other side, I do not know which, so it must not be charged upon us that we asked this longer time, although it may have been embraced in our motion.

Some new testimony we thought we had, — and think yet we have made some effort to obtain and if it becomes necessary, perhaps we have it. I allude to the testimony of this Power of Attorney, which, perhaps, would have a good deal to do with this school fund loan, which seems to be the bone of contention in this whole difficulty. Now, the Governor says he trusted to me to send and get the copy; I say, I trusted to the Governor. Our State and United States Courts have been in session all the time since I went home and to tell the truth, Senators, I never thought of it; the Governor has not got the paper, and I cannot say at this time, Mr. President, what we will do in regard to taking further testimony; we will be compelled to submit our case just where it is, and there being some excitement in the house this morning, I have been in and had not a chance to talk with the Governor. I suppose there is no great hurry about this thing. If the honorable gentlemen on the other continue this case until to-morrow morning at nine o'clock, we will come in prepared to do something -go on with the trial and introduce

some

side

will

new testimony we can reach, or submit it upon what we have already taken. If this case goes on, Mr. President, there are one or two preliminary questions that, perhaps, ought to be settled. May we have them or not?

I will simply say that in behalf of the balance of the counsel and the Governor, that at this present time we are not prepared to say what we will do. If the Senate will say when this case shall proceed, we will work up our opinions. Only fix the time when it shall go on. It is admitted by all

hat this case has been run a little

loosely on all sides, and we are not quite prepared to say what we want to do. To-morrow morning will give what time we want to determine what we will do in this matter.

Manager MYERS.

We have had so many requests and grants for delay, and it would be a very pressing necessity that would induce the Managers, on the part of the House of Representatives, to grant or consentwhatever the Senate may do-to a further continuance, We are adjourned for sixty days with this understanding, that the counsel for the respondent would come here prepared with their evidence, which they boasted they had ready, and would have ready to-day, and they are now here without that testimony. The counsel for the respondent has not even seen the Governor. That is a fault of his own, for which the Governor is not responsible.

Mr. REDICK. That is, this morning.

Manager MYERS. The gentleman has had ample opportunity of seeing the Governor. We would like to know, before proceeding further, what the character of that testimony will be-if it is testimony in chief it would compel us to introduce our testimony. But on behalf of the Managers I would say that we are ready to proceed with the case now in its regular order, as laid down by the rules of the court; or we are ready now, without introducing any further testimony, but submit it immediately to the Senate. We have nothing to prepare. We stand here on all-fours.

Mr. REDICK. I hope the gentleman did not misunderstand me-I do not think he is smart enough—when I said I had not seen the Governor. I did not mean to say that, and do not

think you (to Manager Myers) understand me so; if you do not, you ought to be frank enough to tell your friends what you did understand.

Mr. ESTABROOK. Mr. President: It seems to me that after all this dally, and at the suggestion of the counsel for the respondent, made with a great deal of eclat, and pomp of circumstance, with the affidavits on the file that they had discovered new testimony and new witnesses, and desired time to procure them, we are entitled at least, to have it made known here whether they have any testimony or not; whether this thing is again to be tried, again to be heard, or whether it is to be submitted or not; what is the desire of the party who made the motion; whether it was in good faith, and whether he intends to maintain that faith before this Senate; whether he has anything further to show? It seems to me that it is due to the Managers and the Senate for them to indicate whether they mean to go on with the testimony they pretended to have, and swore they had, or whether it is to be dropped here; or, if it is to be adjourned for the purpose of manipulating the other branch of this body, let us know that.

Mr. REDICK. We are not desiring to do that at all General; there is a question to settle like this-I do not know whether it is a difficult one or not-whether we are to try this all anew or not, that is a little matter that will figure here quite extensively. There is a new juror, Mr. Lynch. He is not here. we are expecting him every day. If a new juror comes in the box, I would like to know how we are going to try this latter end of the case, and how he is going to render a good solid verdict, on his oath, without knowing what he swears? It seems to me this is no small matter to

pass on the impeachment or discharge of the Governor of the State-especially of a young State like Nebraska -to bring in a new juror who never heard a word of the testimony, and do not know whether he has ever seen the proceedings. Bringing him in here, have him pass guilty or not. Why it is a matter worthy of thought, we are waiting for him to come or not, so as to have the Governor and his counsel decide whether they ought to go into this thing anew, or whether to go on and introduce further testimony under the resolution passed on the 30th of March, and that is what is the matter. If anybody knows whether Mr. Lynch is coming or not, we can settle one question on the part of the Governor and his counsel. He is not here, and supposing we want to introduce a part of our testimony, proceed with this case tomorrow, and next day, and then he should come, see where we would be. There can be no fair verdict, no fair trial under those circumstances unless we were organized in such a way as to bring to his consideration every word that fell from the lips of the witnesses; and beside that, under the constitution and law, every juror who is to pass upon the guilt or innocence of a man is entitled to see the witnesses on the stand, see how he looks, take a look at the way he was got up, and whether they would believe him