The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-02

how insidlous.y precedents came to be law II we're
the Law that every man IN Office or on.
bar OF the Senate and tried he expected that
the Senate Chamber would be rich field Of profess
their profession contest every point which might
form precedent in the future The House OF Repre-
senlatives now practically claimed the prerogatve Of
opening and closing all arguments He believed that
In all debates between man and q woman the woman
entitled to the last word, but he not prepared
to hear the honorable Board or Managers claim the
benefit OF privilege which galiantry conceded only 70
the weaker sex.
Mr. Carpenter then discussed at length tho passage
In the johnson claimed by the managers to estab
lsh their right 10 the privilege claimed and SAID In his
opinion II established exactly the contrary doctrine
Mr. Carpenter also read rom 'Cushng's Practice OF
Parliament and asked justice to be held to be
thing when It was invoked in court Of law and an
0sner ,n'ng when INVOKED ~ political Tribunal
as rrecendent, especially when II was remembered
that another doctrine enunciated that when man
was out OF Office and his enemies Ia they could SIT on
him, and that no limitation whatever but the dust Of
the grave could HIM from impeachment during his
natural life II impossible that justice could be
one thing in the Senate Chamber and another thing in
tho Supreme Court, IN the centre OF the
Capitol Tho principle claimed by the man
ayers was one which no free man anywhere
could endure. 1t reversed all theories Of
justice and all the charitable prescriptions OF the law
and put men who como there for judicial examination
ut tho absolute mercy OF political majority lie made
no mputation upon anybody in that chamber, but no
the members OF the present Senate were all men, a-
though they were very great men, II might be pos
sblc for them. even under the methods pro-
posed by the House managers, to avoid doing injustice
10 his chent but Senators should remember that they
would be followed by successors who in intellectual
stature would not perhaps, reach their knees Putting
aside the mystery and majesty that belonged TO the
word "impeachme mt. and treating this like an
ordinary lawsuit. the very simple The people
came here with thor complaint. The defence put IN
their plea and specifically alleged -
Frsf-That w. W. Belknap was not Secretary OF War
at certain times, and
Second-That he was not holding any ONCE at those
times
To that the House of Rcprcsen taves put in double
replication, which they claimed was a demurrer.
Mr.. MgRRINoS, of North Carolina asked IL the man.
ayers claimed tho reply IN this particular case
matter OF right only matter OF practice which
the Court might changer
Mr. HoAR said the House managers did not conceive
that constitutional and lawful prcrogative OF the
House of Representatives could be rignfully changed
without the consent of the House.
The motion OF Mr.. EdmInds to retire carried
yeas 40 nays IS whereupon the Senate retired the
reception chamber.
DECISIONS COURT.
The Senators returned to the chamber at five minutes
to three Y. NJ and the presiding officer said he
directed to state that the motion rcscnd the vote by
which the order OF argument made had been
ruled also that the request OF the Board OF Managers
that four managers be permitted to address the Senate
on tho question OF jurisdiction was granted.
on motion OF Mr. Thurman the Senate, sitting q
court for trial Of articles of impeachment adjourned
until Thursday, 4th inst at haf-past twelve p. NJ