The New York herald., 1868-04-23

Winkle anu tickeKe-sos
The question required on the order offered by
Senator Stewart. On motion Of Mr.. Johnson it was
amended by striking out the word one'' in the first
line and inserting "twO."
Mr. Manager WILLIAMS suggested that the order
would leave the matter substantially it stood be-
fore; but as one Of the Managers prepared with
printed argument, II 1t amended so as to allow
them to file written or printed arguments 1t would
be satisfactory
On motion OF Senator SHERMAN the order was 30
modified.
Senator GRIMES inquired how II would be for the
counsel for respondent, II the printed written
guments filed to-day, to examine them so as to
reply tomorrow morningS
Senator HowARD-It Is not necessary.
Senator CoRBErr moved to strike out the word
another" and insert the word 'twon before the
words ''of the Presidents COUNSEL
Mr.. EvARTs-Mr Chief Justice and Senators, If
you viii allow me to say one word on this question.
As the rule stands, two Of the Presidents coun-
sci are permitted to make oral arguments. BY the
amendment, without the modification Of inserting
"twon instead OF another, understand that three
OF the Presidents counsel will be enabled to make
arguments to the Senate. That is as many under the
circumstances could wish be enabled to do.
At the suggestion OF Mr.. TRUMBULL Senator Cor
bett withdrew his amendment
Mr.. STEvENs-Mr. President, this would embarrass
the Managers very much. Would not IL do TO say
that the Managers and counsel Of the President may
file written or printed arguments between this time
and the meeting OF the court tomorrow 2 That
would relieve us from all the difficulty
Senator CONNEss, at the instance, he said of one
Of the Managers moved to amend by striking out the
Words ''before the adjournment to-day and in
serting before noon tomorrow" Agreed to.
Senator HENDERSON offered the following substi-
| tute-
Ordered. That all the Managers not delivering oral
arguments may be permitted to file written argu-
ments at any time before the oath inst and the
counsel of the President not making oral arguments
may file written arguments at any time before eleven
| O'Clock on Monday, the 27th inst.
Senator THAYER moved to lay the whole subject on
| the table. Rejected by 13 to 81.
Mr. NELSON of counsel said he had felt an irresstl-
bic repugnance to say anything to the Senate on this
| subject. He was averse to addressing unwilling
| audience, the Senate having indicated by rule
that they unwilling to allow any further argu-
ment. Three Of the Presidents counsel by consent
| OF the rest, had assumed the direction of the
| case, and to them had been committed the
! task OF arguing 1t. AS the probabilities
were now however, ii was not likely that Mr. STAN
berry would be able to make the final argument and he
| (ir Nelson) would ask permission to address the
Senate on behalf of the President. He thought the
rule should be so enlarged as to allow the privilege
to all the Presidents counsel who chose to exercise
it. Under the circumstances they had not prepared
written arguments and it was too late to do
| He was prepared from memoranda, however, 10
make an oral argument, and hoped he
would be allowed to do He had lived
too long to be animated by any spirit
OF idle vanity. In making the request he was aware
that sometimes more was gained by silence than
by speech. He was satisfied that the President de-
10 afp nv nj ~
sci. He had no objection that the same privilege
should be extended to all the Managers. In the
of the impeachment of Judge Chase six Managers
and five counsel were heard. He trusted that in
such momentous case no limit would be placed on
the argument.
Senator HOWARD inquired whether the proper
construction Of the amendment OF the Senator from
Missouri henderson, would not leave the door open
and repeat the twenty-irst rule in short whether 1t
would not allow all the counsel on the part of
the accuses, apd All the Managers, should they see
| At to make oral arguments on the final summing
up.
Senator CONFESS proposed, in order to make IL
tirely clear to insert in the amendment the words
''subject to the twenty-rst rulen The proposition
| was agreed TO,
| Senator TRUMBULL moved the following as a sub
| sttute:-
Ordered, That as many Of the Managers and OF the
mted TO file arguments or TO address the Senate
orally.
The substitute was agreed to-yeas 2e nays 20, as
| follows:-
| Cragn, Davis, Doottle, Edmunds, Ferry, Fressen-
| den, Fowler, Crimes Henderson, Hendricks, John
Mcoreery, Morrill, of Me-, Norton, Patterson Of
N. H., Patterson Of Tenn, Ramsey, salisbury sher
| man, sprague, Upton, Wiley, Trumb1l Van
| winke, vickers and Yates-29.
NAYs-Senators Cameron, Cattell Chandler Con-
ness, Corbett, Dixon, Drake, Frelinghuysen Harlan,
| Howard, Howe, Morgan, Morrill, Of Vt Morton,
Pomeroy, Ross, Stewart, Sumner, Thayer. and VIII
| liams-20.
Senator BUCKALEw moved to amend the substi-
tute by adding TO it the following words:-"But the
concluding oral argument shall be made 10y one Man
| ager, provided by the twenty-hrst rulen
| Various other amendments were offered and voted
| down and. finally. after nearly two hours spent in
attempts settle the question: the substitute offered
| by Senator Trumbull, amended on motion Of
Senator Buckalew, adopted instead of the orig
| nal order.
| speech Of Mr. Boutwell, Behalf of the
| Prosecution.
| Mr.. boutwell, then, at ten minutes before one
| O'Clock, proceeded to make his argument to the
| Senate, as follows:-
Mr.. PRESIDENT SENATORs-You may now antici
pate the speedy conclusion Of your arduous labors
The importance Of this occasion Is due to the unex
| ampled circumstance that the Chief Magistrate of
| he principal republic of the world is on trial upon
the charge that he is guilty Of high crimes and mis-
demeanors In Office. The solemnity of this occasion
is due to the circumstance that this trial is q new
! test Of our public national virtue and also Of the
strength and vigor Of popular government. The
| trial Of a great criminal is not an extraordinary
| event, even when followed by conviction and the
severest penalty known TO the laws. This respond.
ent Is not to be deprived Of life liberty or property
The object of this proceeding is not the punishment
of the offender, but the safety Of the State As the
daily life of the wise and just magistrate is an ex
ample for good, cheering, encouraging and strength
ening all Others the trial and conviction of n dis
| honest or an unfathful officer is warning TO all
men, and especially to such occupy places Of pub
lie trust The issues of record between the House of