Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-14

| ment and ready to proceed with the trial
of Andrew johnson Immediately.
Soon after, the managers and members
of the House took the seats provided for
them. The Senators who had not done 80,
| Sergeaut-at-Arms from his service Of sum-
mons on the President, was read, when on
| motion of Mr.. johnson, the counsel of the
President were notified of the commence
ment of the proceedings, and Messrs. Stan
berry, Curtis and Nelson, took their seats
at the table on the right of the Chief JUS
tice and opposite to the managers, who
we're seated on the left. Mr.. Butler, the
remaining manager, came in, and shortly
after another deputation from the House
entered, headed by Speaker Washburne,
of Illinois, and Mr.. Mcpherson, Clerk of
the House, and ranged themselves behind
the bar.
MIR. Stanberry rose and addressed the
Chief Justice. He read the answer of the
President entering his appearance, and
naming az his counsel Messrs. Stanberry,
Curtis, Nelson, Black and Evarts, and
asking reasonable time for the prepare
ton of his defense-the period of forty
days-citing various cases in which periods
as long, in proportion to the magnitude of
the case. had been granted.
Mr.. Bingham, on behalf of the mana
gers, commended that the eighth rule provi-
ded for the appearance of the President
He was required to file his answer, and in
case his answer was not filed, the trial
should proceed as on a plea of not guilty.
He claimed, therefore, that the trial shonld
proceed forthwith.
Mr.. Curtis in reply, referred TO the case
of Judge Humphreys and others, and ar
gued that the rule was susceptible of no
such construction as that put upon it by
Mr.. Bingham.
Mr.. Nelson followed, enlarging on the
same views as his colleague.
Mr.. Stanberry expressed greater sur
prise than he had before felt, at this claim
put forward by the managers, and said that
it seemed to be their disposition to hurry
through this momentous trial as if it we're
a case before police court. He argued
from the wording of other rules that the
appearance day was not intended to be
day for answering and trial. Two of
the Presidents counsel were not present.
That no opportunity had been offered for
preparation by the defense or for the call
ing of witnesses. In the worst DAYS
of the Star Chamber had such
an attempt to hurry through a trial
never been made. The Speaker talked
very warmly, saying there seemed to have
been trap set for the President and his
council. At the conclusion of his remarks
the Chief Justice said the motion would be
argued for an hour, in accordance with the
rules, when Mr.. Bingham rose and said he
had been greatly surprised at hearing the
hasty words which had been dropped from
the lips of his learned friend Sianberry.
and asserted that the only motive of the
managers was to enforce the rule which the
Senate had, and prevent a diIatory line of
defense.
The Chief Justice was about to put the
question on Mr.. Stanberry's question. when
Mr.. Edmunds offered an order that April
first be the day appointed for the filing of
the Presidents answer; that within three
days thereafter, the managers replication,
and on the 9Th of April the trial to pro-
ceed
On motion, at o'clock the Senate re-
tired for consultation.
At 4:I0, the Senate returned to their
chamber and the court reassembled. Chief
Justice Chase announced that the motion
under consideration had been overruled,
and the order was entered that the Presi-
dent be required TO file his answer on Mon
day, the 23d of March
Mr.. Bingham offered an order that on
filing replication by the managers, the trial
proceed forthwith
The Chief Justice submitted the order to
the Senate, and on the question of adop-
ton, the yeas and nays were taken, resulting
% affirmative, 26 negative, so the order
was denied.
Mr.. Nelson, of the counsel, said he had
come here expecting to hear no political
discussion, and under the impression that
the form of proceedings would be purely
judicial in their character but like the |
honorable managers, he did not expect |
they would be strictly limited by the formal |
practice of ordinary tribunals. He |
thought liberality should be extended |
by their high court to an unusual |
degree and contended that the application |
Of the defendant was one desiring such |
treatment. He cited the rule of the court |
Of Tennessee, which provides for the post
of the trial to another term
when defendant has not had time to pre-
pare his answer. He spoke of the great
of this case, and argued the ne
cessity of cautious deliberations and the
Improperly of railroad speed. He said
The last two charges Of the House of Rep
opened Pandora's-box which
would necessitate full investigation Of all
points of difference between Congress and
l. LIT I'D .us,r,l1 IL :. |
almost interminable.
Mr.. Conkling offered an amendment that
unless cause for delay be shown, the trial
shall proceed Immediately after filing the
application.
Mr.. Butler asked to be heard on behalf
IF the managers, and asked why railroad
,peed should not be used on this trial. He
the rules and precedent of or
binary courts was not applicable TO this
rial. Ia ordinary trials no danger would
-esult from delay. In this case the neces.
,ity for prompt action was pressing. The
at the bar controlled the power
IF the motion, and might at any moment
If passion, prejudice or wrong use of it for
he injury aud ruin of the country, the
business Of the War Department would
top until the result of this trial was
cached. The pulse Of the nation beats
n perturbation while the trial goes
N. he claimed that an early day
hould be fixed for defendants appear
nee, and If then he can show that he has
lot had time for preparation, grant him
be indulgence OF further time. We, on
be part Of the House Of Representatives,
Thich we are here representing, ask that
be rule adopted by the Senate for the gov
Of this case may be enforced. II
for the Senate 10 say whether the rule
hall be sustained as rule to govern the
lse, or whether it shall be changed; but, l
anding as rule at this time, we ask its {
lforcement
Mr.. Bingham expressed the satisfaction c
the managers with Mr.. Conkling's
nendment. he denied that the man I
yers were DESTROYS of indecent haste, but a