The Morning herald., 1876-05-02
WASHINGTON.
Xiv CONG1Ess.
Nv the American Press Association.

Dy MY. 6Amu0 on Efluoy lSbt, w aAcuu SuO
rules iu relation to impeachment. trials, %
10 to provide that the deliberations OF tne
Senate on questions submitted snail De IN
public, but took no action upon It.
At 1895 the impeachment trial was re-
sumed, the respondent, with MS counsel,
Messrs. Carpenter and Blair, being present,
40 the Board of Managers on the part oftne
House Of Representatives.
The pending question being on the mo
lion of Mr.. Mcdonald, of Indiana, to re-
scind the order agreed upon in conference
ON Friday, allowing respondent to open ana
cIose the argument, etc., Mr.. Edmunds
moved that the Senate retire for delibera-
ton.
Mr.. Blair, of counsel for the respondent,
bv unanimous consent, spoke in favor Of
the rule as adopted on Friday, and against
the motion to rescind.
In the Senate, Mr.. Lord, on the part OF
the managers, asked that four Of the man
ayers be allowed to argue the questions
now before the Court.
Mr.. Manager Hoar spoke in favor OF re-
scinding the order of Mr.. Mcdonald. dc
claimed that the managers had the right to
close, and referred to various English
precedents in support of his views.
Mr., Edmunds called for the reading OF
the replication in the case OF William
Blount.
senator Mcdonald called for the reading
Of the plea fled in equity:
At the request of Mr.. Hoar, the replica
ton of the House in the pending case was
read.
senator Christiancy submitted the ques-
ton whether it is claimed that the second
replication is also demurrer, and are not the
conclusions and prayer Of the second repli-
cation also demurrer, the same as the first.
Mr.. Manager Hoar said the Senators
would judge for themselves as to this
Senator Edmunds submitted q question
whether there is any allegation in the arti-
cles that Beiknap was Secretary of War
down to and until the secoud OF March.
Mr.. Hoar said that unless there was some
construction to put on the word until, !"
which he did not knew Of, he thought that
the articles did not allege that Belknap was
Secretary of War to March the second.
Senator Sherman submitted questions as
to what time the managers and counsel de
sired for argument on the subject OF juris-
diction, to be appointed among them as
they might agree upon. -I.NFf
Mr.. Blair said the counsel present could
not say until they had consulted with their
absent associate, Judge Black.
Mr.. Manager Lord said the managers
must make the same reply until they had
consulted with each other,
Mr.. Carpenter said that so far as he was
personally concerned, it did not matter to
him who closed the argument. but there
was principle in this matter which could
not be over looked.
He characterized the demand, as made by
the managers, as preposterous, that they
had the right to close on all motions.
Mr. Carpenter read from the proceedings
in the Impeachment of President johnson,
where Mr.. Manager Bingham had set up
the same kind OF demand, and the Chief
Justice ruled that the side making mo-
ton had right to close the argument to
which several senators from their seats had
cried out Certainly p
There was no vote taken on the matter,
but the managers gave in at once, and from
that time, out to the end of the trial, made
no further contest. No man, he said, would
come to the House of Lords and claim that
he was the representative of TIE House OF
Commons, had any more right than the
humblest counsel for the accused. Here,
as there, the manager and the counsel stand
on q perfect equality. He has deserted en-
tirely from the view Of Mr.. Hoar In regard
to the rules of procedure, and he said that
the practice must be guided by the custom
and precedent. No man could afford tc
trust himself to political body which
could arbitrarily make its own rules He
did not mean any disrespect to the Sena
tors, he knew they were all great men, but
they were men notwithstanding. Hi
denied that the reply OF the House was
demurrer, and until now he never knew
that such was the claim; he at first de
INJURED, and they had Joined in the de-
murrer, which gave us the right to open
and close.
senator Merrimnn, submitted questio,
whether the managers claimed to reply OF
all the questions as matter ofright, or al
subject to the decision of the Senate.
Mr.. Hoar said the managers did not con
ceive that whatever constitutional right
the House had in the matter, the!
were subject to be charged by the judge
ment of the Senate.
The motion of Mr. Edmunds, that tn
Senators retire for consultation, was thel
carried, ayes 40, nays 1s.
When the Senators returned to thei
chamber the Chair announced that tn
Senate had refused to reconsider its orde
permitting the counsel for the defendan
to close the argument on the question o
Indication, and that the Senate had deci
ded to permit four Of the managers to speal
to the question.
On the motion of Mr.. Thurman the Sen
ate, sitting ss a Court of Impeachment
then adjourned to Thursday, at II 30 2. NJ
The legislature business Of the Senat
was then resumed.
Mr.. Boutwell, submitted motion that tn
select committee to investigate the conditio
of affairs in Mississippi, have leave to re
port in print; adopted. Mr.. Boutwell, in
troduced bill authorizing the Secretary Q
the Treasury to reissue fractional currenc
providing the aggregate amount outstand
ing does not exceed $50, 900 600.
Mr.. Sargent then called up his resolutio
regarding such changes In the treaties be
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