The Portland daily press., 1868-03-24
The reading Of the answer occupied an hour

The reading of the answer occupied an hour
and half.
Mr. Boutwell,. on behalf Of the managers, re-
| qnested a cow of the answer, aud said it was
| their expectation to present their replication
| to morrow at o'clock.
MIR. Eyarts then addressed the Court in rela-
ton to tbs period OF ti9e allowed respondent
| procee d. He said the Presidents counsel had
| been too fully occupied with the preparation
of his answer to make any preparation what
ever for the trial, and they therefore requested
| that the Court allow the President and his
| counsel thirty days from date Of replication to
prepare for the trial
motion in writing to that effect was pre-
sented and read by the Secretary.
Mr. toward moved 1t lie on the table till after
,SePiication was filed, but withdrew il on Mr..
nluSnams announcement that the managers
were ready to express their opinion on the ap-
plcatiou at once
MIR. Logan, on the part of the managers, said
they should oppose because there was no rea-
son for the delay off .rrd except that the Pres
icent's counsel med time. He said they had
had as much time as the ma ayers, and me
other reasons shou be given, as there had
been in applications for delay la former trials
for impeachm mt, when it was always stated
on oath that time was needed 10 PRODUCE dis
tant witnesses. No such cause was ALLEGED or
shown. aud tbs rule of the Senate REQUIRED
the trial to proceed III less cause for DELAY gas
shown. The managers insisted that no more
tiino should De taken up than was absolutely
necessary for the trial of The case No more
.lui9 should be granted to the President than
70 tne meanest man. At the expiration of
tnlfty days an application might be made fot
turIher delay to send for witnesses, perhaps
assigned now.
Nj. Eyarts called the attention of the Court
to the fact that the Pre- sident's counsel had
been allowed only eight working days in which
70 prepare their answer, and SAID it was not an
answer u their present application; that an
equal base would be necessary on the part of
the managers as of themselves; their positions
were not similar The managers hadIepioyed
peculiar facilities for summoning and examn-
ing witnesses. The President had public du.
lies which employed much of his time The
counsel asked no more time in this case for the
resident than they would for the poorest
criminal If un Oreseen circumstances should
arise requiring delay for the production of
witnesses for either side it was the duly of the
Court to grant il.
Mr.. Wilson announced the determination of
Inc managers to resist all unnecessary delay.
Inc nrst step taken by the counsel on the 10 h
was IN violation of a precedent of former i'm
peachmfnt trials. In the case of Judge Chase
Ghe respondent had asked for eleven months |
ielay, supporting his application by sworn |
stasements. Only thirty days were granted, |
ana yet his preparation WAS so perfect as to |
secure hiSacquittal. In the elaborate answer |
presented to-day, he WilsOn) found the strong
est argument presented against delay. for The |
respondent tn rein claim ID his right to do the |
very Things on which this trial is based The |
respondents case was not that of an ordinary |
criminal. He asked time in which he NAV |
continue to injure the interests of the country |
~ ne mad done by the acts which he now JUS |
unes' Fhe-cause shown in this application |
was not such as would warrant the Senate.
Lnuer It's rules, to grant delay. The counsel |
shoqld not be allowed to educate themselves.
r.. Al Id
should De placed by the Court on the personal
nonor OF the counsel, when they say that thew
nave been SO pressed for preparing their ans
wer that thev have not had time given them
70 consult with the President as to what wit
nesses shall be summoned. While thew were
so engaged the managers had been arranging
tor the conduct of their case. Mr.. Stanbery |
reiterated that he and his fellow counsel had
not even d 'cument prepared or witness sum-
mOned, and if they were forced with the case |
tomorrow, they would appear defenceless and
unarmed He appealed to the Court for time;
II not the full period asked, for at least a por-
Con' He argued against the construction
piaGed ~ ~ the managers ON the rule cited
ME- Bingham was about to reply when the
Chief Justice remarked that the manapers
could not close the debate
hi on the table.
Mr. johnson called for the reading of the
rule limiting the debate on intei locutory mo-
ions to one hour by the consent of the Senate.
Mr.. Bingham then replied to Mr. Stanbery.
saying no one questioned the honor of the
counsel, but this application was not to be de-
clded bv reference 10 that consideration The
President had sent his counsel here TO ask nm
on their honor for an extension of forty days
20 prepare his answer. Only ten DAYS were
granted, and an answer was prepared al d
ready. Now they ask upon their honor for
tnlrty days To prepare for trial. The FRESH
dent had been gully of gross negiigepce in
NOT summoning witnesses, and he was now
trihlng with the Senate. He wanted thirty
days IN which to prepare TO show sill more
Clearly tnat the CONSTITUTION was but cabinet
Id ms hands; 10 prepare for further abuses of
tue mighty power he still wields. The words
OF MS answer, in which he claims the right TO |
remove all executive vffi GERS at will while the
senate IL IN session, were conclusive evidences
of his guilt and dangernu, intentions. They
constituted menace to the Senate. The coun.
Try mas no less right to speedy trial than the
accused. In the name of the people and the
managers he demanded that the trial should
proceed DE woull venture to say that no
cause for delay cou.d be shown by counsel BY
which the managers could be overcome Thew |
wou probably admit whatever the witnesses
10 De called for would be able to prove for the
respondent.
Mr.. Henderson offered motion to have the
apphcation acted upon after fling the replica
tim. 80
MIR Butler, for the IN lnagers. urged that the
question of time should be settled now.
L NJ yeas and nays were called on Mr.. Hen
to %. - - . wv
ar Howard renewed his motion that the ap-
p'ication lie on the tibie, but Mr.. Drake m lde
point OF order that the motions of counsel
mist be acted upon by vote of the Senate at
once, which the Chair sustained
The yeas and nays were then taken ON the
original motion, that thirty days time be
granted, and it was negatived by "a strict party
to Al.
MIR. Sherman then made motion to adj |
Journ, bui hofore it was put Mr.. Evarts amend
time after the replication of the managers is
filed to be now fixed b. the Senate"
MIR: johnson moved that ten day, be al
lowed, but the motion to adjourn was put and
court adlour Jed until tom ,rrSw at O'clock
The Senate, at 404 O'Clock, adjourned.