The New York herald., 1868-04-30

Tne CHIEF JusrIcE-No debate ls In order, -
Senator HOWARD raise objection to tie let
ers being read until after they have been sIomtted
TO the Managers for examination. > NO''''''N
d & isss sas as % sso: y:
what date they bear. -
ssnsser sa e regular order of the
The CHIEF Jus-fCE-The regular order is the mo-
uon OF the Senator fycm Indiana (Mr. Hendricks.
motbnn i1SwE called for restatement Of the
Senator HENpRlcKs-The motion l made is that
much Of the letter as viii show Its date and the place
q which - was written.
Jne mcd0n was agreed to.
Mr.. EELsON-The FIRST letter to which | alluded is
Benjamin Z Butler 10 Colonel j. ". shaGer, WASH.
I Senator JoHssoN-Is that the original letter OF
co2yf .,u, -,
ter Ny understanding Is that these are the genuine
signatures OF Benjamin F. Butler, Mr.. Logan and Mr..
and only speak from Information. The Senate viii
allow me TO read 1t. 1t Is very short one. do not
Senators HOWARD and HOWE objected.
The CHIEF JUsTICE-The counsel cannot read 1t
under the order made.
the 9th Of March, 1865. It is signed by Benjamin F.
ion above expressed by Mr.. Butler, signed, John
Logan" Below that are the words "And l; signed
letter except the 9th Of March, 1858.
| Senator JOHNsoN-Is the handwriting Of the date
the e. same ne as the sig signature %
precisely the same handwriting as the address, The
body OF the letter above the signature, as take it.
| March, 1868, Mr. Chauncey 8. Black addressed
letter to the President stating that he indDosed
the copy OF the letter which I>just adverted TO- and
| in order that the Senate may understand it. You
will observe that the copy is as believe identical
senator HOWE objected to any argument, and
The CHIEF JUsTiOE cautioned the counsel.
Mr. n, SEIsoNmf your Honor please Ill cannot san ex
IS Senator s HnSDs,cKs@My ias motion was that the
would show the date not to 20 further, except so
far as may be In direct explanation to the argument
Mr. NELsoN--I cannot explain about the date of
this copy unless ! tel you the difference between
me to explain the date. All that can say is that
tins copy bears the same date as me original, and
SS Sears ne rb sg%tufes i% % q hs Messs' M9ot
there Is no other date to this letter except the caption
OF the letter; and you will see that the copy is pre-
cisely IKE the Original down to the words land l.
John A. Garfe!d.r and then came the words al
cur" sgued 5y Messrs K0ontz, Stevens, Moorhead
Blaine aud Bingham, and on that paper there Is no
d...e. .ssu.4s
Senator TirroN--I move that the gentleman be peE
mtted TO proceed for one hour. Y
The CHIEF JUsriCE-The counsel for the President,
Mr.. Evarts, will proceed.
Mr. Butler twatkng over to the desk Of the Presi-
dents cOunsel) extended his hand for the letters,
and Mr.. Nelson after saying something in inaudi-
| be tone, handed them to him; but Mr. Butler there
upon turned away, seemingly rrtated by the accom-
| panying remark.
Senator CAMERON offered the following ORDER
Ordered, that the Senate, sitting as Court Of I'M
pcachment shall hereafter hold night sessions,
menciug ut eight O'Clock r. NJ. to-day, and continu-
Ing until eleven O'Clock, until the arguments Of the
counsel for the President and the Managers the
part OF the House OF Representatives shall be con-
| Guided.
Senator JOHNSON objected aud the order went over.
| Mr.. BUTLEK-Mr. President, shall these orders
] which have been read be placed on the recordf
/ The GRIEF JuSTICE-The Chief Justice Is unable to
!
no argument can be made without the consent of the
| Senate.
Mr.. NRIsoN-An that desired to do was this:-l
! told the honorable Manager he could have them,
provided he returned the originals to me. ! am per-
rectly willing that he should take them with that
The counsel then sent the letters to Mr. Butler by
page.
| Mr.. BUTLER drawing back indignantly)-NO sir.
Mr.. NKLsON-i will deposit them with the secre-
| tary, SIR for the present.
| Mr.. BuTLER-Let the originals 60 on file.
Mr. EvARrs then TOOK the Moor IN continuation ono OF
tors tor - r. indeed, we have arrived At Settled conca-
sion that this Is court that 1t Is governed by the
piicable to the law and regarded solely as supposed
| facts 10 be embraced within the testimony Of wit
nesses Or documents produced In court, we we have
| further consideration, much that has been pressed
upon your attention heretofore II the ideSof power
and will is driven from this assembly, II the Presi-
| dent is here no longer exposed to attacks on the
same principle that men claim to hunt the lion
and barp0on the whale, then indeed, much that has
been said by the honorable Managers and much that
has been urged upon your attention from 80 many
quarters, fails harmless In your midst. II cannot he
said In this senate, Fntw nunterts leges soJutts,
that 1t Is caused by numbers and unrestraned by
and You are as its servants in this investigation,
here. 1t follows from this that the President Is to be
on common fame Least Of all is ne to be tried In
your judgment, as he has been araigned hour after
hour, upon charges which the inpeaching authori-
ties in the House Of Representatives deliberately
| threw out as unworthy of impeachment and insult
| able Tor trial. we, AT least, when we nave an IN
|
| ignored ana thrown out, are TO be tried
on tne former ana nor on ,ae latter anu IL ON ane
with which, by the constitution, rests the sole I'M
peachng power under this government, by a vote Of
lO7 to 81 threw out all the topics which make up the
| innammatOry address OF the Managers 1t Is enough
for me to say that for reasons satisfactory TO that
charges were thrown out SO, too, this be trial
public prosecution and with the ends Of public justice
| prosecuting authorities apply here, and l do not
hesitate TO say that this trial. to be In annals the
more professional eyes, by the attention OF more
scholars af home and abroad, To be preserved In
d nsesa cteren forever 70 s presents ''a ah
unexamPed spectacle spectacle o. prosecution which which
1 niDg aud invades mpugns and oppresses at every
stage the victim which II pursues. Now, the duty Of
| constraint upon prosecuting authority under a
| government Of law pursuing only public justice Is
scarcely less severe than that which rests upon the
Judge hseI to select evidence that is not pertinent
20 exclude evidence Knowing that IT bears upon the
inquiry to restrict evidence, knowing that the field
Is thus closed against the true point OF justice no
| part Of prosecuting attorneys duty or power,
| whatever may be permitted In the contests OF the
forum and The zeal Of contending lawyers for con-
| tending clients. There In no such authority, no
such duty, no such permission for a public prose.
| cutor, much less when the proofs have been thus
kept narrowed. When the charges are thus precise
! and technical s II permissible for q prosecut-
Ing attorney to enlarge the area OF decama-
iion and in,ectlvef Much less is 1t suitable
| for public prosecutor to inspire in the
minds OF the court prejudice and extravagant
jurisdiction. Now II has usually been supposed that
ON an actual trial involving serious consequences
sforepsc discussion the true method OF dealing
Pwith the subject and We lawyers appearing for tls
President being, as Mr.. Manager Butler has been
polite enough TO 10 say attorneys whose practice
In the law has sharpened but not enlarged their In
ellect, have confined ourselves 10 this method OF
forensic discussion. But we have learned here that
there is another method of forensic controversy
which may be called the method OF conclusion. Now