Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-29
F0RTIETH CONGRESS,
This Afternoons Proceedings.
Impeachment.
THE REMARKS OF MIR. NELSON YES.
TERDAY.
MR. SUMNER OFFERS RESOLUTION
DISAPPROvlNG THEM
MIR. NELSON WANTS To READ THE
ALTA VELA LETTERS.
HE is ALLOWED To READ THE
DATES.
WHO SIGNED AND WHO ENDORSFD
The LETTER TO THE PRES
IDENT.
CONTINUATION OF MR.. EyARTS' AR
GUMENT.
MR.. SUMNER OFFERS RESOLUTION
DISAPPROvlNG THEM.
MR.. NELSON WANTS To READ THE
ALTA VELA LETTERS
HE is ALLOWED To READ THE
DATES
CONTINUATION OF MR.. EyARrS, AR.
GUMENT.
WEDNESDAY, April %.

opened this morning in due form. Notw,tS
Standing the inclemency Of the weather the gal
| leries were well filled.
| Senator Sumner offered an order that
| whereas Mr.. Nelson. one OF the counsel fo-
the President, in addressing the Senate h,,
USED disorderly words, as follows: $50 far a,
any question the gentleman desires 10 max,
win me, this ls not the place TO make it, And
WIT reas such language, besides being dtscr,d .
table to the y nate, is alculated 10 bring on
one: Therefore. 81
Ordered, That Mr.. Nelson, one of the counsel
Tor The President has justly deserved the dis.
appreciation of the Senate
Mr.. Nelson rose, wi hen the Chief Justice s.id
ne could only proceed by unanimous consent
senator Sumner objected unless for the pur.
pose of explanation. f
MI. Nelson said he only desired now to Ga y
that ne would like TO read the letters in tbs
Alta Nela case.
Mr.. Manager Butler hoped hoped that, so far
as he was concerned, there would b. no fur,he,
action taken in the matter. but he directed ,C
the reading of the letters
MIR. Nelson hoped he would he allowed to
say one word. He had intended no onense by
what ne had said; but If ANYTHING was 10 h.
done with the resolution he hoped he would
nave an opportunity TO explain. So far as he
was concerned, he was willing TO let the matter
drop.
Senator Sherman objected TO the present con.
sideration of the resolution.
letter. "' NV
The Chief Justice put the motion wbe,bar
Mr.. Nelson should he allowed to pi oceed, and
IL was agreed 10.
Mr.. Butler repeated his objection
Senator Trumbull asked that as the Man,yar
had oeen allowed the privilege of saving wh,,
he desired on this subject, that the same priv
ilege should be extended TO the counsel
Ihe CHIEF Justice said the counsel could no,
proceed without the consent of the Senate
Senator Davis raised the point of order tha,
alter the. Senate had permitied the counsel 10
proceed il was not competent for Man.aa- -
object. W
The Chief Justice did not understand the
IeaNe as extending TO the length of allowing
the counsel 10 read the letter
Senator Howard begged leave resnectfuIl,, IN
OBJECT 10 the reading of the letters until after
they We're presented to the Managers for exam
ination.
Senator Sumner positively objected 10 allow
ing the counsel To proceed, after the language
ne mad used, except for the purpose of making
an explanation.
Senator Johnson asked if debate was i'm ordar
ana some CONFUSION here occurred, several Sen
ators speaking at once.
Senator Hendricks moved that the attorney
LOT the President be allowed to read so m ucb Of
the letters as would show the date; which was
agreed to. a
Mr. Nelson then resumed, and said the letter
10 Nhle "a reference had been made (Alts Vela)
pore Gate March y l. o.; signed by Benz F. Bur,
ler, and addressed to Col. Shafler
letter.
Mr.. Nelson understood this to be the ORIGINAL
letter. He also understood the signature To no
the genuine signature of Benjamin r RutIer
ana ire signatures below TO be the genuine sig
natures OF John A. Logan and James A car
field. The letter was brief and he yYonId iiLo
permission TO read II.
Senator Howard objected to the readiap
The Chief Justice said the letter couId not no
rfad unless by consent of the Senate
MI Nelson said IL was almost impossihle for
nlih 10 explsln II he was not permitted TO read
ne ietter. lhe letter Is signed by Ben jamin F.
Butler; beneath his signature are the words
: concur, which are signed by John A. Lo
gan, and beneath those +" So do l." signed by
James A. Garfield. There was no other date 10
the letter than March g. 1865.
Senator johnson asked as to the hand writing
UT. Nelson said the date and body OF the let
ler was the same, but the signatures were dif
TLeht. p. On the 18th OF March, Chancey r.
Black addressed a letter to the President ssy
ing that he nclosed this letter.
Inc Chief ustce said the counsel must con-
fine himself TO dates
Senator Hendricks said his motion Was 10
allow the attorney to read only so much of the
letter as would show its date, and he objected
10 Ihe reading going any further.
MI Nelson said he could not explaln unless
be went some W hat into the BODY OF the matter
1 he letter OF the same date was further en-
dorsed by William w. koontz, w. Marshal.
Ihaddeus Stevens, John A. Bingham lanes
original. ''"' VIC
Senator Upton here arose, and with some an
Peaiance OF eAcltement, moved that the gentle
man be allowed TO proceed one hour.
lhe Chief Justice did not put the motion and
MI Nelson sat down.
Senator Cameron then offered an order mat
tne Senate, sitting as a Court of Impeachment
shall, hereafter, hold night sessions, to com.
menee this evening at p. IN. and continue
unni II m. until after all the arguments are
concluded.
Senator johnson directed and il went over
Mr. EVarts then resumed his remarks, and
sald II must be apparent from what was said
yesterday, that this was a court. If the idea
OF power and will is driven from this assemb-
ly, then much that has been said calls for firm
ness in your midst. For II cannot be said OF
the Senate that !. !. Is carried on BY members gn-
restrained by law. The President is to be
trled then In accordance with law and not apop
common rumor or common fame, as was as.
serted by the Managers. II this be a trial with
the END OF public justice alone in view, the or
dinary rules must prevail. This trial, how
ever, presents the uneNampled spectacle of a
tribunal that overreaches judgement and treats
The accused as already con nvicted. Referring
10 the attempt that had been made to exclude
PROOF, mr.. Evarts said II was generally sup-
posed that frantic discussion was the mode of
dealing with this SUBJECT, but II seemed that
inHectiye took place here. The Chinese method
OF warfare is the science Of concussior: the
blowing of trumpets; the sound OF gongs and
shrieks and groans in the streets. But il has
been reserved for our day to see an attempt of
rected against the stone walls OF a fortress and
was utterly inenectual and imperative Not
satisfied with that the Manager who opened
TINS case tried an Intellectual concussion
L
vived II all, however, as the form of eoncus-
sion gave way to discussion. fLaughter.l
Mr.. Evarts then quoted from Mr.. BntIer,s
speech to show what the latter understood To
be impeachable ofiensee. According to his
view anything may be made the substance of
the crime, and this was a fallacy. The oues-
ton OF what constituted an impea chabie Of
fence was fully set forth in the trial Of Judge
Peck, and he would read the diinition Riyen
there, Mr. Buchanan being the Speaker, he hav-
Ing been at the time one of the Managers. He
also read an extract from the report Of the trial
OF warren Hastings upon The same point, TO
show what were improbable offences. He
would not insist after the able argument of
M Curtis upon the strict constitutional neces.
slty OF being here what II crime against the
ConstitutIon, and crime against the law. II
must BE- evident here either that there II no case
ch az is Contemplated, On. else that the evil
dence offered By tie respondent TO refute the
position should have been axlmitted. When q
court si6 for special case; when its decisions
cannot be rsvieWed; when there y no Appeal Or
review or new trial., u mast DIAL With
all he ,evtdence an4 unless the Court
10 satisfied that conSotudou0 case
10 nadeout you nust reopen tie cass and en-
the respou1ent agsin bsfore you, and hear The
rjected evidence. But you must inQ uirs Il ths
President has comnttted crime or misde.
meanogs. Epfths6 ueed in hws amouDf -,
nothing. and therefore the word "hiehn before
crime In the act Of 1867 means nothing. When