Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-18
HENRY STANBERY,
BENZ. r. CURTIS,
j. S. BLACK,
VIM. NJ. EvARTs,
THOs. A. K. NELSON,
Counsel for Respondent.
March l3, 1868.

Mr.. Curtis, of counsel for the President,
said: Mr.. Chief Justice, if the construc-
ton which the managers have put upon
the rule be correct, the counsel for the
President have been entirely mised by the
phraseology of the rule. They (meaning
counsel for the President) have construed
the rule in the light Of similar rules exist
ing in courts Of justice, for instance in a
court of equity. The order in the subpe-
ma is to appear on a certain day and an
swer the plea. But certainly it was never
understood that they were to answer the
plea on the day Of their appearance. So it
is in a variety of other legal proceedings;
parties are summoned to apaear on a GER
tain day, but the day when they are TO an
swer is either fixed by some general rule Of
the tribunal, or there is to be a special or
der in this particular case. Now, here we
find a rule by which the President is re-
quired TO appear on this day to answer and
abide. Certainly that part of the rule
which says " to abide" has reference to
future proceedings and the final result Of
the case, and so as we have construed the
rule or that part Of il which relates to an
swering has reference to a future pro-
ceeding. Wesubmii, therefore, a. counsel
for the President, that the Interpretation
which is put upon the rule by the honora-
bic members is not the correct one.
Mr.. Stanbery for the respondent said !:
Consider that it is but few DAYS since
the President was served with the sum-
mons; that, as yet, all the members of his
counsel are not present Of FIVE counsel
who signed the Presidents professional
statement two could not be present. Yet
we understand the gentlemen on the other
side to say, Read the rules according to
their letter, and you must 90 on Pray,
Mr.. Chief Justice, as it not possible that
under the circumstances We are to be
caught in this trap of the letter? As yet
there has not been time 60 prepare an
answer to a single one of these articles.
Look back through the whole line of i'm
parchment cases, even in the worst times !;
90 back to the Star Chamber, and every
where You will find that even there Eag-
fish fair play prevailed. This is the first
instance TO be found on record anywhere,
where, on appearance day, the defendant
was required to answer immediately, and
proceed with the trial. ! submit TO this
honorable body whether we are 10 be
caught in this way, Strike, bat hear
Give US the opportunity that men have in
common civil cases, where they are
allowed hardly less than thirty days TO
answer; and most frequently sixty days.
Give US time; give rs reasonable time, and
then We shall be prepared for the trial,
and for the sentence Of the court, what
ever Il may be.
Mr.. Nelson for the respondent said:
Now, what do We ask here for the Presi-
dent Of the United States, the highest Of
fcer in the land We ask simply that he
NAV be allowed time for his defense. On
whose judgment is he TO rely in relation TO
that9 He must in great part rely on
the judgment of his counsel TO whom he
has entrusted his defense. We, who are
professionally responsible, have asserted in