The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-04-16
Natiuaa1 Republican.
CONGRESSIONAL PROCEEDINGS.
Forticth congre..-sccond session,
WEDNESDAY,, ArniL 10, 1868

SENATE
After prayer the Chair was taken BY tn
President pro ter.., and the Chief Justice too
possession, and directed the Serge ant-at-Arm
to open the Court with proclamation.
The counsel for the President entered an,
'' re men SsnsSers Of imps.shnen, we're an
sounsed, sna, following Them, the House o
SI.i q; 5u,:ss snaos9sss ~, ,s he A..
senator sumner, allowing such of the counse
and managers as please to print and Ole srgu
ments before the Argument OF the closing man
Mr.. Eyarts said II was proper that the eoun
sci should have the privilege Of fling theft
briefs before the argument Of the closing
Nj. Bingham opposed the suggestion Of Mr.
Nj. Nelson said the counsel had not desired
to make any application for Modification oil
the rules, as the managers had charged tina,
they desired to unnseessarily take up the time
OF the Senate. He had been asked by the
he was to be allowed to participate In the
closing argument. he preferred to do It In his
senator conness offered substitute for the
rule that the twenty-nrst rule shall be SO
amended as to allow such OF the managers and
counsel for the President as desired 70 speak
that the time Occupied BY each aide shall not
be more than four days, and the managers
shall make the opening and closing argument.
a 6 5siSsea n Sy sfi Il ni 10 post.
ponc the whole subject; which was agreed 10
BY the following vote
Yeas-Messrs. Anthony, Buckalew, Chand.
Ter, Cole, Conkling, CONFESS, Uorbett, Davis,
Dixon, Drake, Edmunds, Ferry, Fessenden,
Grimes, Harlan, Henderson, Hendricks, How,
NORM Of Vermont, Morton, Patterson q
sSsTn,n, stewart, Thsyer, Upton. 'W iiiissss,
Nays-Mcssrs. Camero,. Cs,,.u c..,,
Doolittle, Fowler, Frelinghuysen, McCreery,
Patterson of Tennessee, Ramsey, sumner,
TWInnm n, Van Wrinkle, Vickers, Wiley, and
Senator Ferry moved that the rule be
amended so that the time at which the i'm.
pfe aMiL court shall DO opened shah be At
O'Clock.
The Il, S S,de. was Ar rejscted-yess q, nays a.
he was not able to announce that Mr. Stan.
berry could be present this morning, yet he was
naPpy 70 say that MT: 5. was eonvaIeseent,
place. They would desire to occupy today
with the presentation OF documentary testf.
Mf. Evarts then asked that the executive
CLERK be requested to bring in the nomln alton
OF hon. Thomas Ewing, as Secretary of War
made by the President on the ed day Of Feb
fuary.
The Chief Justice said he was notified bv
The Secretary that the injunction Of secrecy
had not been removed from the document In
senator Edmunds said that under the new
THE fortiethl rule Of the Senate, he did mot
think there was any difficulty about this
Mr.. Curtis said the counsel had been so In.
formed. ~ i"-
The Executive. Clerk, General Clark, was
TSoms wI Ewin ana the Of
made on February q.
Mr.. Curtis next put in evidence copy Of
The message Of the President to the Senate on
copy.
Mr.. Manager Butler objected because the
message was sent In after the President had
tiyes.
Nj. Curti, said 1t would be remembered that
r IN honorable managers put in evidence copy
o. resolve oil the Senate to which this mes
sage IS an answer. The question is whether the
Senate after allowing the honorable managers
70 put this resolution In evidence, will refuse
TO allow the answer to be put In.
Mr.. Butler said the gentleman wss arpuiny
from the seat OF prejudice, not law. lie asked
to put in his declaration after he had been in.
iieted' Did the counsel dare to ask to do this
Mr.. Eyarts said the counsel were not in the
habit Of considering 'dares" in their forensic
iisputations. They were only considerinr
oheif duty 10 the case On the rules Of practice
some superiority but on the measure of OAR.
Ing, never. The counsel submitted that on
every principle OF law and of discretion the
message Of the President should be allowed to
Mr. Butler simply desired to state that none
OF the counsel had yet shown any legal reason
why ms message should be put 10. The mana
gers had put In the resolve of the Senate TO
SHOW that after the resolve was served on the
president, on the night of February 2lst, the
Trttesiueht sun went on recognizing Lorenzo
ms cabinet, and was determ ned In his viola
ton o. lay, They could not admit that after
Ihe PRESIDENT had boon impesched that one
ounce OF lawful action OF his should be put in
evidence.
The Chief Justice suggested hat counsel nut
!hls motion 10 oher the message in evidence In
The managers meantime sent the Clerk of
me mouse 10 ascertain from the Journal the
a th o. ,he impeachment resolution as 1t passed
~. ~ mouse After hve minutes the Clerk, Mr.
McPherson, returned, and Nj Butler stated
that, after the examination, they found that
the state OF THIS case was this that the resoiu-
lion OF Impeachment was introduced ON The
2dst OF February, reported to the House on the
"a, and debated until Monday, the cath, whes
the vote was taken.
Nj Evarts, AT $40 o'clock in the afternoon.
Is there any other objectioni
NJ Manager bingham said that on the night
o. the senate, by solemn resolve,
Of the United states the President ad no fight
TO 10 make KAT the rsmoval or appointment in the
the case was closed. After presenfmeat had
been made against the President he was viz
the people II he had ned to the uttermost psIts
OF the earth. Yet, three days after his com
mission OF theerime, and two days after his
bis defiance OF the Constitution, OF the laws.
q me Senate, and OF the people, by sending In
This Message What Is 4 but declaration Of
he criminal after the factl and he claimed that
there was no law by which a criminal, after
the fact, could vindicAtc himself, either bv
sending message to the Senate or by address,
iGg the mob. II Is a declaration after the fact |
~ criminal IN his own defence. Three d.
after the fact he volunteers this dec ..ys
before ms tribunal for the purp~ sration
pating himself. This messp ,.e Of excui-
laIation OF three persc ,reneats the dec
call his CONSTITUTE al. wsom ke choases 10
Is asked to" ma, .avI,er. and the senate
sons T. -. - aaeia ra,inn ~ III "a. ner
al evidence. lie tMr. Binghaml would
nv here to the Presid and his counsel that
he had no right to shelter himself from vio-
lation OF the laws BY bringing IN the advice oi
bis constitutional advisers. TheTe - no ex-
cuse for this attempt and he challenged the
counsel to produce the record OF any court
where these declarations, after the fact, have
been allowed In evidence.
Mr.. Eyarts said the gentleman had said that
there was no excuse for the action Of the
counsel and the President In the attempt, and
that It wasoutside OF the law. We do not
take our law
the counsel had misunderstood his remarks.
Mr., Evsrts said 1t all amounted to the same
thing. This resolve OF the Senate was not re-
received by the Senate until IL O'Clock friday
night. The Senate was not In session but an
hour on Saturday, and the answer Of the Pres
dentwas sent In on Monday. The President
was not impeached until 8 O'Clock, and the
stmlle OF his being prisoner fell to the
Mr.. Bingham desired once for all to say
that he had not said, and did not mean to say,
right to make defence.
The Chief Justice stated that thls was A