The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-29
THE IMPEACHMENT TRIAL.
BELKSAP,s COUNSEL ASKING FOR
TWO WEEKS DELAY.
An Argument on the Question Of Jurisdiction
The senate Deciding TO 20 on With the
Trinl-Au Adjournment to Monday.

~ imuc iChment against w. w btihhH' -
Secretary Bclknap entered the Senate cha'noer
with Mr.. Carpenter, Of his counsel snu "ss
.oon followed by Mr.. blair. After the usual
n,ocia,,,tton bv the t-at-Arms. the Sec
re,,ry was directed to notify the House OF hep-
,es.pt,tive- that the senate was ready to pro-
co,i with the trial. Tue Managers soon AFTER
w,rd appeared and were escorted TO their seats.
Alter reading the proceedings OF yesterdays
,...ion. the pending motion, submitted by the
u,n.e Managers yesterday, was reported az
follows.
mat 'he evidence on the question nerialnins TO- The
' ic 95 G" s rs 9 tq ,c an Is
N, article. " wpcacncn Aiihtn two days. AMI the
House " Rcrr's ntitwc- Go repy q they deem t
or @rf.'a ac,, Ga5 sfisr ans ..ue '' ''' '''
MIR Lord said that the Managers had pre-
seated. YESTERDAY, all that they desired to pre-
sent la the way OF argument on the pen ding
question.
wrApiNG FOR TWO WEEKS DELAY.
Mr. Carpenter said shat the counsel for the de-
fence. since the senate had decided TO deny tho
motion for uosipOnement, desired to pr ocecd
with the trial a. speedily as possible. and befor
The furnace 81 the Presidential campaign grew
hotter then It was already. but still they could
not bee ready to present their side Of the ques-
ton Of Jurisdiction as tho importance OF the
ease demanded in less than two weeks. lie
therefore asked for a postpouement for that
period.
Mr. Lord called the attention Of the Court to
the statement Of the counsel for the accused ON
the l7th inst. that they would he ready to pro-
coed to day, As TO the questions involved. he
DID not think that their discussion reed Ocea-
sion delay The defendant had admitted In his
reply 10 the replication that ne had resigned to
avoid impeachment and therefore there was no
dispute ON that part Of the case. The questions OF
evasion. " dividing the day into fractions, and
the effect 81 the proceedings ~ the House Of
REPRESENTATIVES. were questions with which uli
LAWYERS were more or less familiar The facts
pertaining TO those questions were within n
very narrow compass. The Managers therefore
asked the Court To 90 on with the testimony
bearing on the question Of jurisdiction. and
after that testimony was ~. to grant. one. two.
three days DELAY, or any longer term that mis
he deemed proper.
REASONS ron DELAY.
Mr.. Carpenter denied that his statement that
he would proceed could fairly he interpreted as
meanlhk tnat ne WohIu oe ready 10 argue me
question Of Jurisdiction. Every step IA trial
was TECHNICALLY proceeding. The Managers
htd teen at work on this question for week.
huu ne understood had been excused from
work in the House. The counsel for the nc
Cused. on the other hand. had been engaged IN
other professional duties winch they could not
post one. aud to insist that tLcy should now 90
ON with argument upon question which hey
lad mad no OF. ortuuity o. examine was to deny
them practically any hearing at all. The Al
mighty, himself. enulu,ed means and instru-
ments TO carry on his designs, aud MIR. Belknao
nan, ana II II were eNnert' That he was To get
a lawyer who would be aolc TO devote his entire
time TO him he could only gei q ltwNcr VINO had NJ
ulutr tupluyueut anu sGch men were not a. 4
general thing the lawyers to whom "a man would
wish TO entrust hi. case. They ked only Tor a
reasonable delay. lch delay only a., counsel In
the supreme Court granted eacn other under
ordinary circumst inccs a. "a matter Of courtesy.
The best reply that could be made to the VI an
ayers would be that made by CoAe to the ktn,;
"Wnen the question rises md Is debated. viii
DO what Is ut and proper for JUICE to do. and
esty. 1t was impossible a present to say what
the circumstances of the case would be when
the question Of Jurisdiction was decided. The
Defendant might or might not then demur.
Even the Managers were mortal, and they .ht
want longer delay than was now arbitrarily
TX, upon IN ne reniine motion.
MIR. Lord said n was certainly the fault OF the
counsel aud not Il the N ~ ayers that the couu-
pei had misapprehenQed his position. Every one
IA tue court had supposed wien lie announced
"f.ady ia prerted win X. nm and ma H..
mere tling Of q formal paper which any clere
misht draw up. This was not a case where "a
lawyer could extend courtesy to another. Tho
proper that the Manager should urge all rca
sonable diligence.
THE QUESTION OF JURIsDICrIoN.
Mr.. Conkng presented the following motion
Ordered That the Senate proceed grs to hear and at
sronieni f. dmcuanct1 tral 10y mue cums mt tor ac'.
tan Of said ofict the mott that testimony heard
. ic.ins tne exact tmc - shch r,sisnatiol aud
!. r,seNed without prejudice unu the question above
stated has oeen considered
Mr Lord said he thought the course contem-
plated hv the order would pritr.ct the trial, and
that II was entirely unnecessary. The question
OF JItl>ulttlul was our single question, anu Il
ought not TO be supdivided. The evidence, too.
b. thought should be presented before the judg-
mcui Of the court was t4ken On the legal Qucs-
ton involved. Very great eWharrassn cuis
would arise If the question were divided. NJ
Lord cited the Barnard case In New Yo. K rs
az rding decision that controlled the matter
Nr Carpenter said the honorable Managers
have seen Ut to file two replication instead Of
olt. Iae counsel for the accused ID followed
lA"m, aud had done little better. They had
Nd four or five re joinders. He had never heard
Of case IN court 10 his life where single plea
had led 10 an Issue of law and fact, or where q
declaration or any proceedings whichever WIS
Encountered by two Issues, that the Court did
not determine to frat dispose OF the question o.
law. Ga the part Of Mr.. Beitnap there was Of
course no objection to the course suggested los
The Managers. out IL seemed to him that IL would
b. lar more regular proceeding to ADOPT the
eourse proposed By the notion Of the Senator
hom New fors, that the law Of the case should
hIsi be settled.
so RIGHT TO EvADE IMPEACHMENT.
'ir Lord said that the evidence which the
hanaser- proposed 10 offer IN the question Il
l4ii Ii'tlun would occupy, as ne expected, only
out au hour and would be mainly documeu-
Wy. II seemed 70 him that the resolution
offered 10y the senator would only create derry.
because IL involved that discussion If the alb
Nrat quest on. whether citizen could he i'm
peached That was 10y no means the only ques-
non h. the clss. The Managers Thought they
Dad conclusive authorities to show that "a pcrs "a
ehd no rght 20 resign for the mere purpose Of
Nadlng an impeachment. The fact stood adj
ntled on the record that the accused had re
lsued expressly for the purpose of eVAuing
Mpcachment. What would tie forty millions
~ ueopie OF the United states think Of the
mouse Managers II they allowed such an act As
MAJ % pas without notice.
MI Thurman rose To ~urglt. but was remind
% ~ tho presiding oihcer that deUate was out
order.
Mi Thurman moved 10 suspend the rules that
Nuat1r- sLould have thc Opportuuity to spealt.
Mr., Edmunds objected and sunmltted a mo-
llu 20 strike out the Latter pard.rg4Dh II the or.
Ter submitted by Nj. Cnuhliug, a. follows.
lac motion that testimony be Lizard touching the a.
et 70 uc ~ tuch resiguatur and touching tie motive
Mo purpose ~ kucn resig atlon reserved without
~ Jldlce u the question above stated has been con.
hltrcd ana insert m lieu thereof tho following;
" And that the Managers and counsel no slrl argu.
nen discuss the question whether tie sue Of facs
Bacterial
Mr. Lord said, on behalf OF the Managers, that
heY were satisfied with the amendment.
Mr. Hamnn moved that the rules be suspended
Tor ten minutes, so AS to afford an oppOrtuLlty
% The Senator from Onto (Mr. thurman TO
peak
Nj Norton-Do You want that 10 apply TO Que
buttur oulyf
Mr. Thurman said he hoped the Senator from
pane would withdraw ms motion, as he (Alr.
lhurnanl did not desire a privilege not extend
"a u otner Senators. Tins question had 10 be
" ue.ed mere or SON ewhere.
Mr lianlin-1hat Is what want, aud II should
~ i7ruh,rd here.
me spreading officer reminded Gfr. Humllu)
nn' nus motion To suspend the rule cOuld unly
Heulrru aimed uY unanimous consent, aud The
"nal' rom Vermont Cir. Edmunds) had al