Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-14
THE EVENING STAR
C0NGRESSl0NAI..

counsel is oyerruled, and the Senate adopts the
order Which viii be read BY the SecreaTy:
he Secretary read the order as follows:
OucTed, That the respondent answer TO the
arucies 0 Impeachment on or before Monday,
the 23d day OF March instant.
Mr.. Blngham-Mr, President, l am instruct
60 by the Managers TO submit to the considera-
uon VI the Senate the following motion. and
ask that II may b. reported by the Secretary.
The Secretary read as follows:
Ordered, That before the filing of the replica
uon by the Managers on the part of the House
OF Il. PR sentatives, the trial OF Andrew John
son, PIesiden OF the United States upon the
articles ofimpeachment ex hibitad by the House
OF Representatives, shall proceed forthwith.
Inc yeas and nays We're demanded and
called, with the following r, suit:
Heds-Messrs. Cameron, CatteII, Chandler,
Cole, Conkling, Conness, Corbett, Drake, Ferry,
Harlan, Howard, Morgan, Morton, Nye, Pat
terson OF New Hampshir., Pomeroy, Ramsay,
hams, Wilson and \ ates-25.
Aays-Mt ssrs. Anthony, Bard, Buckalew,
DAVIS, Dixon, Edmunds, Fessenden, Fowler,
Frelinghuysen, Grimes, Henderson Hendricks
Howe, johnson, McCreery, Morrill, OF Msine'
Morrill, OF Vermont Norton, Patterson of Ten
nesste, salisbury, Sherman, Sprague, Trum-
bull, Van Wrinkle, Vickers and W.iley-a6.
So the order was not agreed TO.
Mr.. Wade did not yote.
Senator Sherman offered the following or
der; 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.-I hope not Mr. President
>. Senator Wilson moved to amend by making
1T the let, ins tead of the 9th Of April next
Mr.. Butler.-I would like To inquire of the
President of the Senate If the managers on the
part of the House of Representatives have a
right 10 be heard upon this matter
The Chief Justice.-The Chair is of opinion
that the managers have a right TO be heard.
Mr.. Butler.-Mr. Observation-Disclosures Of
the Senate: However ungraclous II may seem
ON the part of the managers representing the
House OF Representative and thereby repre-
senting the people of the United States. in press
ing an early trial of the accused, yet eur duty
to those who send us here, representing their
wishes, speaking in their behalf and by their
command, the peace OF the country, the interests
OF the people All seem to require that we should
urge the speediest possible trial. Among the
reasons why the trial is sought to be DELAYED,
the learned counsel who appeared for the ac-
cused have brought To the attention OF the Sen
ate precedents OF early days. We are told that
railload speed was not To be used IN this trial.
Sir, why notl Railroads have affected every
thing else In this world. Telegraphs have
brought places together that We're thousands of
miles apart Ii takes infinitely less time M L
may use so strong an eXpression) TO bring a
witness from California now than il took 10 send
to Philadelphia Tor one in the case OF the trial
OF Judge Chase. And therefore, must not
shut our eyes TO the fact that there are railroads
and there are telegraphS to give the accused the
privilege OF calling his counsel together, and Of
getting answers from any witnesses that he
may have summoned, and 10 bring them here
1t should have an important bearing on The
course we are about 10 take.thaLI res pectfully
submit, Is not to be overlooked. Railroads and
telegraphs have changed the order Of things. In
every other business OF life we recognize that
TACT. Why should we not in this!
Mr.. Butler then proceeded to argue that the
ordinary course OF justice, the ordinary delays
OF courts, the ordinary term given in ordinary
cases 1oI men 10 answer when called before
courts OF justice. have no application TO this
case. Sn, who Is the criminal! i beg pardon
OF the counsel Tor the pendent He IL the
Chief Executive of the nation. when have
said that, have taken out from all rub this
trial. Because l submit with difference, sir.
that for the first time in the history OF tn world
has ma ton brought Its ruler TO the bar of IT'S
highest court, under the rules aud forms pro-
ylued by the Constitu ion, above all-rule and all
analogy; all likeness 10 an ordinary trial ceases
there. i say that the Chief Executive-who is
the commander of your armies, and Who claims
that command; who controls, through his sub
orOinates, your treasury: no controls your
navy who controls all elements OF power; W no
controls your foreign relations-may compli-
cate, In any hour OF passion or OF prejudice. the
whole nation by whom he il arraigned As the
respondent at your bar. And mark me, sir, /
respectfully submit that the very question here
al issue this day, this hour. il whether he shall
control, beyond the reach of your laws, and
outside OF your laws, the army OF the United
Staes. That IL the one great question here at
issur-w he her he shall set aside yCur laws, set
aside the DEGREES CT the Senate and the laws en-
acted by Congress, setting aside every law.
claiming the Executive power only that he shall
control the great military arm OF tins Govern
IT.,
and the ruin of the country.
Mr.. Butler proceeded to argue that the whole
business of the War Department pauses until
the trial goes on; that there were nominations
OF officers which ought to be confirmed: and
that the business interests of the country Were
unset tiled while The agitation continues He
then urged that, while all the time shown TO be
necessary when the case came TO trial should
b. granted, no time should b. fixed in advance
They should not presume IN advance that the
respondent could not get ready. Let him put
A., .. 81 a
sence of necessary witnesses, the managers
would either acquiesce in proper delay or
admit all that he sought TO prove by the testi-
mony. He would hot deny the respondent a
single indulgence consistent with public safety
He hoped that hereafter no man anywhere
would say that the charges upon which An
drew johnson was arIaigned were frivolous,
TINS substantial, OF OF non-ehect when counsel
of the highest responsibility (who would not
for thelI lives say what they did not believed
told the Senate that, with all their legal abil ty
they could not put IN an answer 10 the charges
so grave We're they, in less than forty days
yes, fifty days.
MIR. Butler concluded, after recapitulatine
the considerations which he thought ought TO
influence them in deciding this question. by
reminding them that a speedy termination of
the trial either way would bring quiet to the
country, and praying them not to decide this
question, upon which the life OF the nation de-
pends-the greatest question thar ever came
before any body-on any OF the ordinary anal
ogies of law.
replied 10 Mr.. Butler saying that he supposed
there was nothing improper in making an
appeal for time to answer the charges preferred,
and that instead OF that appeal being denied,
much more liberality would be extended by the
Senate of the nation sitting a. Court of I'm
parchment than could ever be- expected on a
trial in a court of common Law. The charges
made here are charges of the gravest importance,
The questions which W Ill have 10 be considered
by this honorable body are questions in which
not only the Representatives OF the people are
concerned, but in which the people themselves
have the deepest and most lasting interest
Courts are in the habit of investigating cases
slowly, carefully, cautiously, and when they
form their judgment and pronounce their
opinions, and when those opinions are pub
hsied 10 The world. they meet the sanction of
judicial and legal minds everywhere and
meet the appreciation and confidence of the
people, before whom they are promulgated. Ii
this is So and tins is one of the proudest char
acterIstics in the form of judicial proceedings
in courts. how much more ght il to be so an
an exalted and honorable body like this, COM
pt ST OF the greatest men OF the United States
earnest thy maintain before this honorable body
that suitable time should be given us TO answer
the charges preferred here. A large number of
these charges involve an inquiry running back
TO the very foundation of the Government
MIR. Chief Justice, i sincerely hope that the
resolution offered by the s major from Ohio
will meet the appreciation of this honorable
body. i hope that time will be given, and that
these proceedings which, in all time 10 come,
will be quoted as a precedent, will be con-
Quoted with that gravity, that dignity, and that