The New York herald., 1868-03-14

II may be the rule which governs In matters OF evil
country, and In that country whence we derive our
laws generally than the proposition which we have
prescribe rules for the conduct Of the trial; and
having prescribed rules my associate managers
on % Ssss
ings, were to be disregarded and set asde 1may be
pardonsa for saying that am greatly surprised a
learned and accomplished friend, Mr.. Stanbery, who
has taken his seat that he failed to discriminate
between the objection made here and the objection
which might hereafter be made for the motion for the
continuance Of the trial. But, Mr. President there a
and accomplished friend than that the making OF the
issue before tribunal Of Justice and the Trial are
wen understood. A very remarkable ''s case
In the State trials lies before me, where
Preston and others FOR high treason and when coun-
eel appeared, as the gentleman appeared this morn
Which fell from the lips Of Of the Lord Chief Justice per-
petualy was:-"We are not to consider the question
Of the trial or the time Of the trial until plea be
1t may happen that no trial will be required.n Per-
chance may plead guilty to the indictment, and
clause OF It provides that II the defendant appear
and shall plead guilty there may be no further pro-
would remain to be done but to pronounce judg-
ment under the constitution. 1t Is time for US
to talk about the trial when we have We an an issue: n
pardoned for saying that fail to perceive anything
In rules ten and eleven to which the learned counsel
can be applied to limit the effect OF the words in
rule eight, to wt:"That II the party fail to appear
the summons the trial shall proceed as on the plea
Of 'Not guilty.; and, further, that falling on the
attorney to answer the articles the trial shall never
theless proceed as on plea Of "Not guilty" When
words are plain ,n In written law there Is rSa an END o.
thought Sy ask when s s be- as s
end end q that time perhaps with Silasory plea and
motion III you please to quash the articles" or with
Senate Of the Unsd saes It may
be pardoned in making one other remark, that IN
both these rules @ thas ss as
In this case, six days in advance, 1t was intended
thereby to enable the party on the day axed ior ms
ther, what is doubtless known to every one within
way control or limit or temper the action Of this
body; that under the plea OF not guilty
eSe eSa make o Ses acss
at al II they be preferred by competent tribunal ae
all can be attempted why then this delay delay 81 rorsy
on behalf Of the House Of Representatives by whose
order appear here Is whether an answer is TO De
fled in accordance with the rule and, II 1t be NOT
fled whether the rule itself is to be enforced by the
Senate and plea OF not guilty entered upon the &C.
cused That is our inquiry 1t is not my purpose to
enter the discussion at all as to the postp0ning OF
the day for the progress Of the trial NY desire is for
the present 10 whether, under this rule ana Dy
The CHIEF JUsTIcE-Senators the counsel for tho
President submit motion that forty days be allowed
for the preparation OF his answer The rule requires
that as every question shall be taken without debate,
you who In favor Of agreeing to that motion say
Senator EpMUNDs rising said-Mr. President, on
this subject submit the following order:-
ss Ale s 70 s sas
TIA. the Of he sd e a bs natter
stand for trial on Monday, April g. 1853.
Senator MORTON-I move that the Senate retlre
for the purpose Of consultation.
Mr.. BINGHAM-I am instructed by the managers 70
request that the Senate shall pass on the mouon
under the eighth rule and reject the application 10
The CHEF JUsrlCE-The Chief Justice will recog-
nize the motion Of the Senator from Vermont (Mr:
Edmunds) an amendment to the motion submitteo
by the counsel for the President.
Senator CoNKIISG-What is to become Of the mo-
ton OF the senator from Indiana (Mr. MortonT
Senator SUMNER-What was the motion Of the
senator CoNKLrNG-That the Senate retire for the
purpose OF consultation.
Senator sUMNER-That is the true motion.
The Chief JUSTICE put the question and declared it
Der at two O'Clock p. NJ.
The galleries thnned considerably while the court
held long consultation, and the moor presented
very much the appearance OF q country court
house when the Jury had retired and 'the court
occupants remaining, and they scattered In knots
among the Senator'S seats and elsewhere; the
pored over books bound In law calf. Mr. Stevens
discussed with apparent relish some raw oysters
the floor during most OF the time occupied by the
consultation.
At seven minutes past four O'Clock the Senator's
re-entered and took their seats When order was
restored the Chief Justice sad-The motion made by
counsel Is overruled, and the Senate adopts the
order which will be read by the secretary.
The SECRETARY read the order as foows:-
That % e. % . e Of i'm
Mr.. BISGHAM-Mr. President, am instructed by
the Managers submit to the consideration OF the
Senate the following motion, and ask that it may be
| reported by the secretary.
| The SECRETARY read as fOllows:-
Ordered That before the nng Of replication BY the
a s Msass e e hs
,sSss ssss BY the
peared to have it. but the nsys ye were we're de-
inanded ana called with the follo wing Tres RESULT
connss Ssssr, Dsss .r Chandler Cole ccnalins
s1%ns'' Is.ys,' Ilpe' np s%: wilson ana Ya's.
ssss s,ysss
ssIa i Tsss .s.sa-s ss
sEstman:s AU-asas. TrumSui, Van winfis Wicker: Ans
! So the order was not agreed to. Mr.. Wade did mo-
VOC. '.r ..d the following order
which was read:- upeaehmsn
Ord. Ordered, That the trial Of the articles of -
| shall proceed on the .6th day Of April next
| senator HOWARD hope not, Mr.. President.
| Senator WILSON moved TO amend by making It the
| first instead OF the sixth OF April next.
/ Mr. BUTLER-I would like TO nqnire OF the Presi.
dent OF the Senate II the Managers on the part OF the
House have right to be heard upon this matter.
The CHIEF JUsTICE-!rhe Chair is OF opinion thas
| the Managers have right to be heard.
| Mr. BUTLER-Mr. President and gentlemen of the
Senate however ungracious IL may seem on the mart
OF the Managers representing the House OF Represen-
tatives, and thereby representing the people OF the
United States In pressing an early trial Of the accuse
| yet our duty TO those who send us here repre-
senfing their wishes, speaking I'm their behalf
and by their command, the peace OF the country the
interests OF the peope-a seem to require that we,
should urge the speedest possible trial. Among the
reasons why the trial IL sought to he DELAYED fhe
learned counsel who appear for the accused hayer
brought 70 the attention Of the Senate precedents in
early days We are told that abroad speed was not
to be used In this trial. Sir why notY Ralroads
have anected everything else In this world: tele-
graphs hav brought places together that were thou
sands OF miles apart; II takes infinitely less time II
may use so strong an expression, to bring witness
from California now than II took to send TO Phlladel-