The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-16
BY TELEGRAPH.
WASHINGTON, April Is.
SENATE.

WASHINGTON, April Is.
SENATE.
After reading the journal Mr.. Ed
munds offered an amendment to Mr..
Summers order so that the additional
arguments of the Managers shall be
filed before the conclusion of the clos
ing argument.
Mr.. Conness offered substitute al
| lowing as many TO speak on both sides
as desire; provided, only four days be
consumed by each side. Lost, 10 to %.
Mr.. Doolittle offered an amendment
| that the opposing counsel speak alter
nately until all have finished.
Mr.. Drake moved to postpone the
subject indefinitely. Agreed to, 81
| TO Is.
Mr.. Evarts said although Mr.. Stan
berry has not yet been able to be pres
ent, yet wishing to avoid delay, the
counsel would proceed to offer docu-
mentary evidence to-day, and hoped
they could tomorrow go on with the
d. G. CLARK, ErecutiUe Clerk of Tie
Senate, UeJ-yied that a message nomina-
ting Thomas Ewing, Secretary of War,
was received February 2Sd.
Mr.. Curtis then offered the message
dated February "a, in response to the
nate'sresOlution concerning the re-
moval of Mr.. Stanton.
Mr.. Butler said the article of proof is
not objected to, but the proof itself is,
for very plain reason. This message
was sent after the President had been
impeached by the House, and, ofcourse,
his:declarations put in, or attempted TO
| be put in, after his impeachment,
whether directed to the Senate or any
body else, cannot be given in evidence.
| The exact order of time may not be in
the minds of Senators. will, therefore,
state that on the 2lst of February a
resolution was offered in the House
| looking to the Impeachment OF the
President, and it was referred to COM
mittee. On the 22d of February therom-
Inittee reported, and the impeachment
was actually voted. Then intervened
Sunday, the 23d, and any message sent
| on the oath of February must have
been known to the President to be af-
ter his impeachment.
Mr.. Curtis-It will be recollected that
the Honorable Managers put in evil
dence resolution of the Senate. to
which this message is response; so
the question is whether the Managers
can put in evidence a resolve of the
| Senate transmitted to the President,
with reference to the removal of Mr..
Stanton, and refuse to receive "a reply
which the President made to that re-
solve.
Mr.. Butler-I have only TO say that
this is argument to prejudice and not
| to law. VIII my lehTu6u lTl6uuS Up
posite dare to say that they have read
of any case where, after the indictment
of the criminal, the respondent was
allowed to put in evidence his state
ment of his own defense, if so, when
does that right cease? We put in the
resolution referred to because 1t IS part
of the transaction of Mr.. Stanton; II
was made before impeachment was de.
termined upon, and now we are asked
to admit criminals declarations.
After that day 1 only ask the Senate to
consider it as precedent hereafter, as
: well as being great wrong upon the
people; that after Indictment, and
after Impeachment the President can
send in message which shall be ta'
ken as evidence.
Mr.. Evarts-The learned Manager
asks whether we dare to do something
We have not been in the habit of con-
sidering the conducting of frensic dis.
putation to be question OF daring
we are not in the habit of applying
such epithets to opponents, nor hitherto
in the habit of receiving them from
them. The measure of duty of coun'
sci is u measure which we shall strive
to obey and not u measure of daring II
TOR no other reason than that. On tht
question OF law of fact ana OF evidence
we may, perhaps, expect some superb
ority, but on measures of daring
(laughter) Is the learned Manager Ell
, tirely right in saying Impeachment
was voted on the I'D OF February, the
22d was Saturday, and unless 1 an
mistaken, a vote was not taken until
the following Monday.
Mr.. Butler:-The vote was taken OF
Saturday, the ODD February.
Mr.. EVarts:-That is the articles OF
impeachment shall be brought in?
Mr.. Butler:-Yes sir.
Mr.. Evarts-The articles, however
l NarN NINa M
it is said that because the vote that the
Impeachment should proceed was takeI
on the 22d of February, it impugns
the admissability OF the evidence pro
posed to be laid before the Senate. My
learned associate has distinctly stateC
} the situation of the matter. Perhaps
both of those transactions, the vote IL
the Senate and this message, may bG
within range Of argument, bnt thE
| managers have pat in evidence thii
transaction of the Senate, and exactly
what bearing that has as part OF thu
res 0eStG to the removal of Mr.. Stanton
which took place before the resolution
was passed by the Senate; it is not easy
to see. 1t was, however, received al
proper evidence, and the reason we
did not consider it Objectionable was
we supposed as matter of conrse that
this message, which is in answer tc
that resolution, on the Introduction oi
the tonic by the resolution before of
ferad in evidence. would be admissible
in testimony. We submit, therefore
that in every principle of law and Of
discussion in reference to the complete
ness of the record on this point, this
message of the President should be al
? lowed 10 be read and given in evidence.
Mr., Butler-I simply desire to call
the attention of the Senate TO the tact
that whether as matter OF daring or
} Of professional knowledge, neither
counsel having stated any possible rea,
SUI <gsshy this paper should pc received
In evidence, we put in the resolye ol
} the Senate 70 show Notwithstanding,
u that resolve was served on the Pfesi-
dent on the night of February 2lst.
He still went on and treated this Lo-
renzo Thomas as Secretary of War dd
4 interim; that Lorenzo Thomas was then
recognized by him after that asSecretary
| dd IfteTiHl, and that after that<Lorenzo
I Thomas was carrying out his design 10
| take possession of the office by force.
/ We offered 1t in order to show that the
President was determined In dtsobey-
ing the laws of the land, and notice
was served upon him for the purpose Oh
| having him know the action OF the Sem
ate, SO he might stay his hand. now
can prepared article made after that,
and alter he was impeached by the
House of Representatives be put In
| evidence. One ounce of action In one-
dience to law and theresolutton OF the
Senate. would have been great deal
better than pages of argument. 1 Will
/ not use the word dare" for know
that the counsel would dare do all that
1. i. =. EHaN fan ~ fNN