The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-18

Judge Humphreys ana DINERS, eno alBueu uias 40
rule v as susceptible Of no such construction IS
that put on 1t by Mr.. Bingham; and Mr.. Nelson
followed, enlarging on the same views as ms cor
league.
had before felt at this claim put forward BY the
managers aud saying there seemed to be dspo-
sjtion 70 hurry through this momentous trial, as
If II were q case before apolice court He argued
from the wording Of other rules, that the appear
ance day was not intended to be the day for an
swering and the trial day. He said two OF the
presidents counsel were not preseut-that no op.
portunity had been offered for the preparation OF
defense, or the calling Of witnesses, and that IN
the worst days of the Star Chamber such an at
tempt TO hurry through trial had cever been
made. He spoke very warmly, saying there
seemed to have been trap set for the president
and his counsel.
tice said the motion would be argued for an hour
In accordance with the rules. !
Mr.. Butler asked to be heard on behalf Of the
managers, and asked why railroad speed should
not be used in this trial. He contended that the
rules and precedents Of ordinary courts were not
applicable TO this trial. In ordinary trials no dan
ger resulted from delay. In this case the neces-
sity for prompt action was pressing. The re-
spondent at the bar controlled the power of the
nation. and might in any moment Of passion, prejn.
dice, wrong, use 1t for the injury and ruin OF
the country. The business OF the war depart
ment would stop until the result Of this trial was
rescbed. The pulse Of the nation beats in per-
turbation while the trial goes on. He claimed an
early day should be fixed for the defendants ap.
pearance, and if then he show that be has not
had time TO prepare, grant him the indulgence OF
further time. We on the part of the House OF
REPRESENTATIVES, which we are here representing,
ask that the rule adopted by the Senate for the
government Of this case may be enforced. II is
for the Senate to say whether the rule shall be
sustained as rule to govern the case, or whether
it shall be changed. but standing rule at this
time we ask its enforcement.
Senator Sherman of Ohio, (Union,) offered the
following order, which was read:
Ordered that the trial of the articles OF i'm.
parchment shall proceed on the 9th day Of April
| next"
Senator Howard, Of Michigan, (Union) II hope
not. Mr.. President.
Senator Wilson, OF Mass, (Union) moved to
amend by making il the LIST instead Of the 9Th of
| April.
Mr.. Butler" Mr.. President and gentlemen Of
| the Senate, however ungracious it may seem on
the part of the managers representing the House
of Representatives, and thereby representing the
people of the United States, in pressing an early
| trial of the accused, yet our duty to those who
send rs here representing their wishes, speaking
| in their behalf and by their command, the peace
| of the country, the interests OF the people-al
seem TO require that we should urge the speediest
possible trial. We must not shut our eyes to the
fact that there railroads and telegraphsto give
the accused the privilege of calling his counsel
| together, and of getting answers from any wit
| nesses that we have summoned. and to bring them
| here. Ii should have an important bearing on the
course we are to take that ! submit is not TO be
overlooked. Railroads and telegraphs have
| changed the order Of things. In every other
| business of life we recognize that fact Why
| should we not in this? Passing from that which
| is but an incident, detail, perhaps, will YOU al
| low me to suggest that the ordinary course of
Justice the ordinary delays of courts the ordinary
time given in ordinary cases fo9 men to answer
when called before courts of justice, have no ap-
| plication TO this case. Not even, sir, when cases
are heard before the Supreme Court Of the United
A.
i tcular case. For this reason, if no other,
that when ordinary trials are had, when ordin-
| airy questions are examined at the bar Of any
court of justice, there is no danger to the
| commonwealth In delay. The republic may take
no detriment If the trial is delayed. To give the
| accused time interferes with nobody, to give him
| indulgence hurts no one, and may help him. But
submit with Difference that when for the first
| time in the history of the world a nation has
brought its ruler to the bar of its highest courts
under rules and forms provided by the Constitu-
ton, al analogy, all likeness TO ordinary trial
| ceases there. say the chief executive. who is
commander of your armies. who claims that COM
mand, who controls through his subordinates your
| treasury, who controls your navy. who controls
| all elements OF power, who controls your foreign
| relations, who may complicate in an hour Of pas
sion or Of prejadice, the whole nation is the re-
| sponcent at your bar, and | respectfully submit
that the very question here at issue this day, is
whether he shall control beyond the reach of your
| laws, and outside Of your laws, the army of the
|
view, Mr.. Butler said Z" While all the time shown
to be necessary when the case came to trial should
| be granted no time should be fixed in advance.
| They should not presume In advance that the re.
spondent could not get ready. Let him put in his
| answer. Tn en- II he showed absence of necessary
witnesses, the managers would either acquiesce in
| proper delay, or admit all he sought to prove
| by the test mony. He would not deny the re.
spondent single indulgence consistent with pub
| lie safety. They asked ho more privileges than
|
Mr.. Bingham arose and said he had been greatly
| surpr sed at hearing the hasty words which had
been dropped from the lips Of his learned friend
| (Stanbery,) and asserted that the only motive Of
| the managers was to enforce the rule which the
Senate had made, and to prevent dilatory line
| of defense.
The CHEF justice was about to put the question
on Mr.. Stanbery's motion, when
Mi. / dmunds, of Vermont, (Union,) offered an
order that april LIST be the day appointed for the
d ing of the presidents answer that within three
days thereafter file the replication, and that OF
tie 9th of April the trial proceed.
On motion Of Mr.. Morton, of Indiana, Union, J
at o'clock the Senate retired for consultation.
At 4:l0 the Senate returned to their chamber
and the court reassembled.
The chief justice announced that the motor
under consideration had been overruled, and ar
order was entered that the president be required
| TO file his answer on Monday, the 23d of March.
Mir. Bingham offered an order that on the FLING
of The replication by the managers, the trial pro
| ceed forthWifh.
The chief Justice submitted the order to the
Senate, and on the question Of adoption the yeas
and nays were taken, resulting in rs affirmative
ana rs negative; so The order was denied.
Yeas-Messrs. Cameron, Cottell, Chandler
Cole, Conkling, CONFESS, Corhett, Drake, Ferry
Harlan, Howard, Morgan, Morton, Nye, Patter-
son Of New Jersey, Pomeroy. Ramsey, Ross
Stewsrt, Sumner, Thayer, linton, William, vii
| son, Yates-25.
Nays-Antbony, Bsvard, B1ckalew, Davis Ed
munds, Fessenden, Fowler, Frelinghuysen, Grimes
II nderson Hendricks, Howe, Johnson, McCreery
Morrill, of Maine, Morrill, of Vermont, Morton, Pat
terson of Tennessee. salisbury. Sherman, Sprague
Trumbull Van Winkle, Vickers, Willey-26.
Mr.. Nelson, of the presidents counsel, said be
had come there expecting to hear no political dis
cussion. and under the impression that the form:
of proceeding would be purely judicial in theiI
character; but like the honorable managers he
did not expect they would be strictly limited By
the formal precedents OF ordinary tribunals. BE
thought iberality should be extended by this high
court to an unusual degree, and commended that
the application of the defendant was one deserv
ing such treatment. He cited a rule Of the conrts
of Tennessee. which provides for the postponemen