The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-03-24

Shown IL this application was not
such az would warrant the Senate,
(. Ulder the rules. 70 grant a delay.
The counsel should not be allowed
4. r'ae 20 educate themselves in the
/ cause.
Stanbery replied that soma re-
f tlanee snOu be placed, By the Court,
( on the personal honor Of the counsel
I when they say that they have been so
4 pressed Tor preparing their answer
! that they nave not had time given
/ them 10. o.cOmmUnicate with the Presi-
I dent as TO what witnesses should be
/ summoned. While they were so en-
( gagged, the Managers had been ar
4 ranging for the cond uoting Of their
cases. He reiterated that he and
( bis fellow counsel had not
I even a writ prepared or a wit
ness summoned, and if they were
forced to proceed with the case to-
morrow, they would appear defense
less and unarmed. He appealed to
the Court for time; if not the full
I period asked for at least portion Of
it. He argued against the cOnstruc-
| ton placed by the Managers on the
rule cited.
Bingham was about to reply, when
the Chief Justice remarked that the
Managers GOuid not close the debate
Howard moved that the application
be laid on the table. 9,
Johnson called for the reading of the
Twentieth Rule, limiting the debate
on introductory motions 10 one hour,
by the consent Of the Senate.
Bingham then replied to Stanbery,
buk IL L
Of the cOuasel, but this application
was not to be decided by reference to
that consideration He said that
the President bad sent his coun-
sci here to ask upon their honor
for an extension Of forty days to pre-
pare his answer. Only ten days were
granted, aud the answer was prepared
and ready now. They ask upon their
honor for thirty days to prepare for
the trial. The President had been
guilty of gross negligence in not
summoning witnesses, and he was
now tIifing with the Senate. He
wanted thirty days in which to pre-
pare TO show still more clearly that be
was the Constitution, with a Cabinet
10 his hands, to prepare for further
abuses Of the power he still Wlelds.
His answer, claiming the right to re-
move all executive officers at
viii while the Senat5 is in
session, was conclusive evidences
of his guilt and dangerous inten
tiOns. They constituted a menace to
the Senate. The country has a less
right to a speedy trial than the accused.
In the name of the people the Mana
gers demanded that the trial should
proceed he would venture to say that
the cause for the delay could be
shown by the counsel, and was that
which the Managers could overcome.
They would probably admit whatever
the witnesses to be called would be
able to prove for the respondent
Henderson offered a motion to have
the application acted upon, after
fling of the replication.
Butler, fer the Managers, urged
that the question of time should be
settled now. Nf Ht. VA
The yeas and nays were called on
Henderson's motion, which was not
agreed tO-25 to 7S. ftll 5szat
Howard renewed his motion, that
the application lie on the. table. i
Drake made point o.. order, that
motions Of the counsel must be acted
upon, by vote Of the Senate, atonce,
which the Chair sustained.
The yeas and nays were then taken
on the original motiOn-that thirty
days time be granted, and it was neg
atived by a strict party vote-42 to A..
Sherman then made a motion to
adjourn, but before it was put Evarts
amended his motion so as to apply for
a reasonable time after the replication
of the Managers Is fled. to be man
aged by the Senate
johnson moved that ten days be
allowed, but the motion to adjourn
was put, and the Court adjourned
until 10 morrow at one O'Clock.
The Senate then adjourned
AN EXTRACT FROM THE PRESIDENTS
REPLICATHON.
The only agency resorte5 to, or in
teuded to be Fes0rted TO, was By
means Of the said executive orders,
requiring obedience. but the Secre-
tary for the Department Of War re-
fused to obey these orders. and still
holds undistUrbed possession aud Gus
tOdy of that Department. and of the
records, books, papers and other
public property therein. The re
spoaoeul Iurthef states C1dts N the
execution of the orders which this
respondent had given to the sew
eral orders Of Thomas, he (the said
Thomas) proceeded Ia a peaceful
manner to demand Of sail Stanton a
surrender to him Of the public prop
ertY in the said Department. and
vaeate the possession of the same,
and allow him, said TSomas, peace
ably to exercise the duty de
voIved upon him by authority