Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-03-19

Mr. SrANBKBY again read ~ iohoWn
In tho matter OF the impeachment
OF Andrew johnson, President Of the |
United States Henry Stanbcry, |
BENJAMIN II. Curtis, Jeremiah ,.
Black, VIM. NJ. Evarts, Thomas A.
r. Nelson, of counsel for respondent,
move the Court for 1.-The allowance OF
forty days for the preparation OF the
answer to the articles ofimpcachment.
and in support of the motion make
the following professional statement
The articles are eleven in number,
involving many questions of law and
fact. We have, during the limited
time and opportunity offered us, con-
sidered, as far as possible, the field OF
investigation which must be explored
in the preparation Of the answer, and
the conclusion at which we have ar
rived is that with the utmost diligence
the time we have asked is reasonable
and necessary. The precedents, as to
time, for answer upon impeachment
before the Senate, TO which we refer,
are those of Judge Chase and Judge
Peck. In the case of Judge Chase
time was allowed from the 3rd Of jan
uary until the 1lth OF February next,
succeeding, 10 put in his answer a
period of thirty-two days, but in this
case there were but single article.
Judge Peck asked for time, from
the 10th to the 25th of May, to put
in his answer, and it was granted 1t
appears that Judge Peck had been
long cognizant of the ground laid for
his impeachment, and had been pres
ent before the committee of the House
upon the examination Of the witnesses,
and had been permitted by the House
of Representatives TO present to that
body an elaborate answer to the
charges.
1t is apparent that the President is
fairly entitled to more time than was
allowed in either Of the foregoing
cases. 1t is proper to add that the
respondents in these cases were law
yers fully capable Of preparing their
own answers, and that no pressing
official duties interfered with their
attention to that business.
Whereas, the President, not being
a lawyer, must rely on his counsel.
The charges involve his acts, relations
and intentions, as to all of which his
counsel must be fully advised, upon
consultation with him, step by step,
in the preparation of his defense 1t
is seldom that a case requires such
constant communication between eli
ent and counsel as this, and sc. such
communication can only be had at
{ such intervals as are allowed to the
President from the usual hours that
must be devoted 10 his high official
duties.
We further beg leave to suggest for
the consideration of this honorable
Court, that as counsel careful as well
of their own reputation as of the in
terests of their client, in case of such
magnitude as this, SO out of the ordi
J nary range Of professional experience
where SO much responsibility is felt
they submit to the candid considera'
ton of the Court that they have .
-:-,L4 ~ asR IUI thvnaovi, - -.-.h on
| portanity 10 discharge their duty az
seems to them to be absolutely neces
, sary. -.f..,.
(Signed) Henry SrANBERY,
. BENJAMIN R. CURTIS
JEREMIAH S. BLACK,
E WILLIAM NJ. EvARTs
: THOMAS A. II. NELSON
Q Counsel for Respondent.
Mr.. BINGHAM, Chairman Of th'
i, managers on the part Of House, dc
t lievered a long harangue to the effeci
9 that the trial Of the President proceed
;. at railroad speed.
4 Mr.. STANBERY said the action takel
by the honorable managers is so sing
: ular that in the whole course Of my
: practice have not met with an ex
/: ample of it, The President Of tn,
Q United States, Mr.. Chief Justice, il
Q arraigned on impeachment by th'
Y House of Representatives, a case o
n the greatest magnitude that we hav,
/: ever had, and is, as to time, TO b
t treated as fit we're case before {
j police court, to be put through will
s railroad speed, on the first day Of th,
trial. Where do my learned friend
i find a precedent for calling on the tria
: on this day.
+ They say: ave have notified you
to appear here to answer on givei
: day" We are here We enter oul
}, appearance. AS my learned frient
: Mr.. Curtis has said, you have usec
: precisely the language that is used il
a subpoena in chancery. Butwho eve
] heard that when defendant in chancerl
t made his appearance, he must appea'
: with his answer ready to go on Will
the case, and must enter on the trial
Q OF course we como here to enter oui
: appearance. We state that we ar
S ready TO answer We do not wisl
+ the case to go by default. We wan
/, time, reasonable time, nothing more
! Consider that IL is buta few days sinc'
Q the President was served with tn,
summons that as yet all his counse
t are not present Your Honor will OBJ
serve that of five counsel who signet
this professionable statement two arr
= not present and could not be present
!, and one Of them am sure Is not II
: the city. Not one of them, on look
| ing at these articles, suspected that i
!, was the intention TO bring on the tria
D at this day. Yet, we understand tn,
/: gentlemen on the other side to say
+ read these rules according to thei
, letter and you must 90 on, rt
$ If the gentlemen are right, il We
t are here to answer to day, and 10 &,
o on with tho trial In daN- than this /,