The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-16


Mr.. CURTIS said-I now desire to put in evidence
United states to the Senate Of the United States
which bears date Of the 2tth OF February, 1885,
naS NH be- an copy
Mr.. BuTLER-The article Of proof is not objected
to- but the proof itself is objected to for very plain
reason This message was sent after the President
was impeached by the House, aud OF course his de.
caratons put in or attempted to be put In after the
impeachment whether directed to the Senate or TO
anybody else cannot be given in evidence The
exact order Of time may not be In the minds OF Sen
ators, and will therefore state II. On the 2lst OF
ing TO the impeachment of the President and it was
referred TO committee. On the 22d OF February the
tuany voted. Then interviewed Sunday the oSd
Any message sent on the oath OF February must have
been Known to the President to be after his impeach
ment.
Mr. CuRTrs-It will be recolected that the honora
bic Managers put In evidence resolution OF the
senate, 10 which TINS message IL response 80 that
the question is whether the honorable Managers can
put In evidence resolve Of the Senate Transmitted
to the Senate OF the United States with reference TO
the removal of Mr.. Stanton and refuse To receive a
reply which the President made to that resolve.
gument TO prejudice and not to law. viii NV earnsd
friends opposite dare to say that they have read of
q case when after Indictment OF the criminal,
the respondent was allowed to put In evidence
his statement OF his own defenceY IN so
when does that right cease9 We put in the
action of Mr.. Stanton-it was made before the i'm
peachment was determined upon-and now we IRE
ASKED 10 dOIut declarations made
that day. only ask the Senate to consider n ma a
precedent hereafter az well as being n great wrong
upon the people, that after Indictment after i'm,
parchment, the President send in n message
which shall be taken as evidence
Mr.. EvARTs-The learned Managers ask whether
We dare to do something. We have not been in the
habit Of considering the measure for the conductin0
or forensic dsputaiion TO be question of daring. we
are not in the habit OF applying such ephets 10 on
ponents, nor hitherto In the habit OF receiving
them from them. The measure OF duty OF counsel is
the measure which we shall strive to obey and not
the measure Of daring, II for other reason than
this that on rules OF laws, OF fact and evidence we
may perhaps expect some superiority but ON meas.
ures Of daring. (Iaughter.) Is the learned Manaper
entirely right in saying that the Impeachment AZ
voted on the 22d OF FebruaryS The 22d WAS Satur
day, and. unless mistaken, vote was not tak en-
until the following Monday.
Mr.. BurLER-The vote was taken on Saturday the
2i OF February.
Mr.. EvARrs--That is, that articles Of impeachment
mail be brought INF
Mt. BUTLER--Yes, sir
Mt. BvARTs-The articles, however were not
votee until the Gath Now, IL Is said that because
the vote that the Impeachment should proceed was |
taken OH the I'D OF February, that ilnpuqns the |
adlnssbility OF the evidence proposed 10 be laid
before the senate. My learned associate has dis.
tinctly stated the situation OF the matter perhaps
both of those trlnsaCttOns-the vote In the senate |
and this message--nay be within the range OF arril- |
ment. But the Managers have put in evidence |
this transaction OF the senate. and exactly |
what bearing that has as a part OF the res 0fsfT |
the removal OF Mr. stanton, which took place /
before the resolution was placed before the !