Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-13
F0RTIETH CONGRESS.
This Afternoons Proceedings,
Impeachment
MORE DISs U>siUN 0N ruE TWENTY.
FIRST RULE.
The >epn;" Refuses to Amend IL.
General sherman Recalled.
He Us Asked Whether the Good OF the
Country Required Mr.. Stautou's
Removal.
Question Obirct-d To.
The senate Refuses te Admin IA
Question Obirclrd To.
The Senate Refuses to Admit II.
MONDAY, April i3.

N
MONDAY, April 10.
SENATE.-After prayer the President 20 s,a
The Chief Justice took possession and direct
ed the Sereeant-at-Arms to open the Court with
The Managers Of Impeachment were an
nonnc' and came forward and took their seats
within the har.
The counsel for the President entered ana
The House Of Representatives in Committee
of the Whole was announced and took the seats
prepared for them.
The journal of proceedings of SATURDAY. was
read by the Clerk, Mr.. j. w. Foruey
The Chef Justice then said the question be-
fore the Court was on the order of the Senator
from New Jersey TO allow such of the counsel
and Managers as desire to take part in the clos
ing argument.
Senator Sumner offered amendment th., NO
further delay or postponement or the trial shall
occur by reason OF the modification: which was
accepted by Senator Frelinghuyscn.
Mr.. Manager Williams said the rule As nj
present constituted was the source Of some EN-
tarTassment to the Managers, a il would ex-
clnde ficm the final Debate at least four of the
hanagers, but the modification would enable
all OF them 10 perform what they might con-
slider their duty, the Senate could place the
time which it thought in ats wisdom the public
Interests would allow. The rule was an
unusual one, and did not meet the appro-
bation of The Managers in the first IN
sta' ce. There have been but five cases
OF impeachment m our history. The first
the case OF Judge Pickering, of Massach chusetts.
the third, the case of Judge Chase the Man
ayers seven number, Were all heard: the next
case, that OF udge Peck, the Managers five in
number, were all heard, and there never
seemed 10 be any question as 10 the right Of all
the Managers to be heard. In the case Of
Judge Humphreys the case went by definitely
II seems then that in the two cases wher. this
que tSilon came up The right of all the Managers
TO be heard was conceded. lat this point the
noise Of con versston on the floor was 80 rrr,,
that the Chief Justice
called for silencej Forty millions of intelIi-
gent people were now looking at this trial ard
the Managers Were the Representatives of the
people. He had outlived the time when h.
was ambitious 10 be heard but this trial was of
so great importance that all should be heard
MIR. Stevens did not expect TO saw MANY
words upon this subject There was one single
article " hich he wished TO argue very briefi !,
but he desired that his colleagues should have
fnii epp ortupity for argument. He suggested
that the SENATE fx a time and allow the Mana
g'rs TO divide it among themselves Al apy
rate he hoped there would be some modi fcation
OF the rule: He referred 10 the fact that he and
others OF the Managers thought that an article
should be inserted which the House had voted
down, and he wished an opportunity to show
why be was SO pertinacious upon this point
The Chief Justice asked the Counsel for the
Presi dent If they desired to submit any remarks
upon this point.
Counsel piled that they did NOT.
Senator EIelnp huyscn desired TO submit a
proYIso TO bis moilOn n that only one of the Man
ayers shall be heard at the close He had not
10 mOOl1y Tie rule on that pOIuI
Mr.. Manager Boutwell, would have said
noiLIrg but for the qualification now made by
the Senator from New Jersey. In the case of
Judge Peek, when the case was closed for the
House OF Representatives, the argument wa,
participated in by two OF the managers In the
case OF Judge Chase, the closing argument was
paruclpated IN by three OF the managers on
the part OF the House and of all the people of
the United States. In the case of Judge Pres
cott, OF Massachusetts, argued on one side by
pannl Webster, and on the other oy CHIEF
1uStlCp M s.,- .b.
sentatives and people of Massachusetts,
We're heard 10 The number Of three. He hoped
therefore, the Senate would not place this re-
stIlctlon upon this case.
Senator sherman offered a further amend
meht that the time allowed TO each side shali
NOT be more than three hours.
MIR. Sianbery said the rule now DID not limit
The time, but only the number OF counsel that
shonld speak. The counsel for the defense
might not desire TO argue more than one hour
out ne hoped The Senate would not restrict
them as TO time. He would say that the conn
sci dld not desire and would not take one mo-
ment more than was necessary for the case
whenever the Supreme Court was asked 10
enlarge the time in important cases, it always
granted the request. He had occupied two days
IN one case before that court. The counsel for
the President are not here as pettifoggers and
he begged that the Senate would not piace this
restriction on them.
Senator Sherman then Withdrew hls amend
ment.
Mr.. Manager Butler said ne dad NOT pr,nose
TO trespass on the patience of The Senate in the
closing argument, but 10 leave that TO his more
able associates. He would like 10 know
whether the counsel desired any further time
or modification of the rule.
senator Sumner moved TO strike out the
proviso lastinserted by Senator Frelinghuysen,
tnat but one Manager shall be heard AZ the
close, and inserting that the case shall be closed
by allowing such of the Managers as desire 10
tax part in the closing argument, in accord
aDce with the precedents heretofore governing
trials of Impeachment.
Senator Conkling said he would like 10 have
an answer TO the question Of Mr.. Butler, from
lhe counsel OF the President.
MIR. Evarts replied that If the rule was modi-
ned IT would not be in the power of the coun-
sci to put forward more than two ad ocates ON
their side in the closing argument. They had
accepted She rule as originally framed, and had
made their arrangements accordingly If the
Senate. however, modified the rule thew
would take such advantage Of their generosity
Senator Williams moved TO Law the motion
and the amendments on the table: which was |
agreed to as fOllows-the Chief Justice having |
iirst replied TO point of order of Senator |
Drake, that the Senate must come to a direct |
vote:
Feos-Messrs. Buokalew, Cameron, Cattell. |
chandler, Cole, Conkling. Conness Corbett
Cragin, Drake. Eimunds, Ferry, Fessenden'
Harlan Henderson, Hendricks, Howard Howe
Johnson. Morgan, Morrill, of Maine, Morrill, of
nermont, Morton, Norton, Patterson of New
man, Stewart sumner. Thayer, Upton, Van
Wrinkle, Vickers, Williams, Wilson and ates
is. r..
Nays-Messrs. Anthony, Davis, Dixon. Doc.
little, Fowler, Grimes, McCreery, Patterson of
Tennessee, Trumbull and WiIley-lO
The Chief Justice then notified the counss,
for the President to proceed.
Lieut. General Sherman was RECALLED qua
asked by Mr.. Stanbery whether, after the res
toraton OF Mr. Stanton TO Office. the good of
the service required that another man man
Mr Stanton should be al the head of the War
Office. e.. - -' w"
MIR. Butler objected and asked thar the oues.
uon De reduced TO writing.
MT Manager Bingham said IL was not to be |
supposed Tor moment thai any member of the 1
Senate believed that any such question was /
competent In any tribunal or under any cir- /
c1mstances, and in this remark he had no ref |
erenee to the yeracity Of the witness. The /
question at issue here was the violation Of tine /
laws OF the land and not the opinion ia..y .s.c
II this question was admitted the next would /
be as 10 the opinion of the witness on the con. 4
stifutionality Of the law. II the opinion OF the
wifnesst were 10 be taken as evidence, then
the opinions Of ZOO other men Of the country /
might be called for. He submitted thar the |
question was utterly improper.
Mr.. Stanbery said he proposed to offer In eyi.
dence that the eeneral oGlcers Of the army fapd /
they did not mean to etop thcrel thought that
the good Of the service Quired thar some ofh.r
man thar Mr.. Stanton should be at the head rT /
the War once. was not mere Abstract orin
ions that the counsel wanted. Look nj ~
Stanton's own declarations from the sssh IL |
August 1S7. Mr.. Stanton has never s.s ".
the Executive Mansion ana oes1co 4