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

INV
be applied to that by the present aAr nlmcnt
would be applied 10 the MANAGE OF the impcach.
ment or they are not required TO .c Up ers cxcep. AZ
the very moment that they close thc' oral argument
and then we are obliged 10 COMFY nee our oral arcu
ment.
Mr.. NELSON, OF counsel Tor the President after
making some remarks IN an inaudible tone un,n cd
monshed by Senator's to speak louder, proceeded as
follows;-ln consequence OF the nnputa,ion made Ivy
the Managers that desired unnecessarily to con-
sumo the tme OF The court, those of us who,
under this arrangement had not intended 10 argue
the case did not intend, either By ourselves or by
Others to make any application TO the Senate Cor an
enlargement OF the rule but since that application
has been made on the ar. OF the Managers | desire
10 say TO the Senate that if permitted argue
at all think 1t would be more fair the
sci who did not expect TO argue the case TO permit
us to make an exteInporaneous argument before the
Senate. We have not made any preparation in view
OF the written arguments whatever; supposed that
the Managers on the part Of the House, who have
had this subject before them for a much longer
period than we have are more familiar with it and
are better prepared 10 make written arguments;
that II this rule be extended respectfully ask the
Senate TO allow us TO address the Senate
as we desire do not expect to be be
able TO interest the Senate as much
as the learned gentleman TO whom the management
O.! the case has hitherto been confcd the part OF
the President; and as have practised my profession
IN the town OF his domicie for the last thirty years.
and as he has thought proper to ask my services IN
his behalf and as ] fully concnr with him in the
leading measures OF his administration, desire n
may be heard at ALL to be heard in the manner which
l have suggested. 't"
Senator CONFESS made motion in writing TO
strike out all after the word ordered" and insert
the Following as substitute
That the twenty amended allow
as OF the MANAGERS and of the counsel for the President
WIDEN that than days each side shall be al
lowed but the Managers shall make the opening and the
Senator DRAKE asked the yeas and nays, and the
substitute was lost by the following votes
pSS
W%n Of nsnn kamsey She%an Stewart Trnmeu Van
NXYs-sensiors Anthony, BGckalew, cateu, Chandler,
coH1ng DRAKE EdTT%d FsG F9eg
Morrill, OF W. Morton, Patterson Of Pomeroy,
hams-2I '''"'
The question was stated to be on the order.
Senator DooLlrTLE- Mr.. Chief Justice, I prefer
following, Notwithstanding that there are but four
cries OF ''Order, order!'1-of the counsel for the
'Order orderpD ] have sent TO the Chair an order
which will ask TO have read.
1t was read as follows
Strike all after the word ordered" and insert
the final argument the Managers Of the House open,
of the counsel for the reply then two
counsel for the respondent and they be followed BY
argument"
Mr.. DRAKE-Mr. President, move the indefinite
postponement OF the whole proposition, together
with the subject.
Mr.. SUMNER called for the yeas and nays, and the
motion was carried by the following vote:-
conas blase
Ferry Fessenden Crimes Harlan Henderson, Hendrcks
m9Ts IT, fd m Of
w aSs and F
Sumner f'Dn'a' Van ~'atls' vsksr Wiley and viii
So the subject was indefinitely postponed
Senator FERRY offered the following order:--
% That the ws rule be .. as The
pending shall be- ordered eleven O'Clock
ues each day. commencing al two O'Clock p r. 'D 'A"
The order was rejected by the following vote:-
,r csmsron ca,ts Gh.ndsy Cole conk
Earsan mS%e sMSTsap Morrill, Me- TS
Ssas FAn,nssy ys:ys.S sqsa.:v Davis
HendsrsOp Hsndricks, Johnson, McCresy. Norton Pater
sn
DOCUMENTARY EVIDENCE.
The CHIEF JUSTICE directed the counsel to proceed
Mr.. EvARTs-Mr. President and Senator's
Although am not able to announce, as ! should be
cording to the hopes we entertained, has been able
to come out to day, yet am happy to say that
he is quite convaescent and cannot be
long kept from giving the his attention. Under
these circumstances and from a desire to do what
ever We may properly do In advancing the trial of
this cause, we propose to proceed to put in dOcl-
mentary evidence, hoping that We will not be called
upon TO put In any oral testimony until to morrow
Mr.. CURTIS said he would have TO call upon the
Executive Clerk Of the Senate to produce the nomi.
nation OF Thomas Ewing, ST., OF Ohio to the office
Of Secretary Of War on the 2lst Of February 1s6s.
The CHIEF JUSTICE was understood to express a
doubt as to whether, under the rules OF the Senate
nominations were not under the injunction of Sc
crecy.
Senator EDMUNDs asked the unanimous consent OF
the Senate to show that the fact of nominations
being made was considered not subjected to the in-
junction OF secrecy.
Mr.. CURTIS said he was so instructed and there.
fore he had supposed that no motion to remove the
Injunction Of secrecy was necessary.
Senator SHERMAN said that II q motion was con-
sdered necessary he would move that the Executive
Clerk OF the Senate be witness In the case
The motion was agreed TO, and the Executive
Clerk OF the Senate Dewitt G. Clarke was sworn and
examined by Mr.. Curtis as follows-
Q. State what document you have before YOU A,
I have the original nomination by the President OF
Thomas Ewing Sr as Secretary OF the Department
Of War.
Mr.. CURrTs-Pease to read 1t.
Witness read as follows:-
To THE SENATE THE UNITED STATES
Ss une%a Of ST. Of SS e Be
wAsHrSGToS, ID. c., Feb 81, 1865.
q. On what day was that actually received BY your
A. on the 22d Of February.
Mr.. CURTIS said-I now desire to put in evidence
q copy Of the message from the President of the
United States to the Senate OF the United States
which bears date Of the oath OF February, 1855 |
have printed copy, which Is an authorized COPY