The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-02
THE IMPEACHMENT TRIAL.


Senate. Juri.dicton Announced What
ueIhpnp'- Coun-ei rroposc to 10 About
,,Thr Question Of Pleading Discussed.
w,suryerov. June 1.-The Senate to-
.,,,eI the consideration of the articles
,c,.nmcnt AKA 1t liclknar. The Prcsi.
S.,. p,n ten. announced the decision Of the
s.,eon the question Of jurisdiction as fol-
ows, .,,,,... D.. 49,. ,.,., ~, ,,,.
lirfo,,' ,mueschulcat preietred 10y the House Of
',rent,u,cs a.unsi W. W n1iSnap ps~ sySr. ny
o. W,.n,to ct &C House OF ,'erresenta' ves to me
t ne a si,9n niGS ard az bsine H. onion
w s.sfe mat saId ucs Ia Insufficient IN law ana
ina ,id u, NTH oraered snd adjndeed that said
We, pe and the IS hereby overruied and held Tor
." w,,te Of Maryland submitted the follow
o.,.., ,h,, W W pelknan is hereby ordered to
,isS h,ther or answer articles Of impeachment WIN
IN ten days from tis date'
Mr. c rpenter. Of counsel for Delknap' said he
,eg.ried this order as in the nature Of a man
damus. This Court gave counsel two DAYS to
nrep,re for the argument Of a question which II
had taken the Court three weeks to decide.
Considering the availability of the Senate Ike
All iudic,al tribunals, and that they must know
ali law and that counsel only knew little' he
had no doubt the Court would give counsel
little time for reflection. The order Just road
nv the President pro TEN. and entered upon the
record "A the Judgment was so unlike any or
der which would he entered by court OF
law that he was at loss to know
what TO do. one OF his associates (Mr. Blair
was necessarily absent from the city, and the
other Judge Black) was unhappily on his back
with rheumatism and could not get up. and he
MIR Csrpenter) desired To have time 20 consult
them. he then commented unfavorahly on the
order overriding the plea as to jurisdiction, say
ing that It was not valid. not having been con
cured IN by the constitutional aJOrity OF two
thirds lie argued that the accused could now
demnr to the articles OF impeachme nt ALT III
his plea to the jurisdiction h been overruled,
and ID II II was himself who was OH trial ne
would never open his mouth to plead again, but
would stand upon the law without any further
pleaungc aud lot the honorable MANAGERS move
for Judgment. When they moved for judgment
he YOU'D declare he was ready for H.. No power
rested m The Senate to order the defence to do
anything more.
Al ORDER THAT COULD NOT DE VALID.
The defence had been summoned here and
had pIeaded. They could stand on pleas alre adv
fled. ~ course there was no court to review
the findings Of tins court ITS jurisdiction was
final. But the defence had right To stop here,
and an order Of the Senate, ordering them to
tested against it, being made. lie desired To
consult with his colleagues as To whether they
would ask permission 10 plead any more, OF
whether they would stop at the point now
reached.
AT the proper time he would call the attention
fthe senate to the fact that no crime was set
forth IN any one Of these articles. The facts as
stated Ia those articles II SO stated In AN indct-
ment before court OF law would result In Its
whether the articles Of impeach m ent were sum
cent and the next a. to whether they were true.
u g mere rhe ORC Of the Articles would not do.
Tho thing itself and every element which con
stituted the hieh crime must be set out as a
fact. He commended that the articles Of i'm
peachment would not stand the test which the
- ~ law IA III a
that the Senate would vicate so much OF the
order adopted on Monday as assumes that the
articles uf lmpe tchmeut are sufficient IN law.
lilo tMr. Carpenter) asserted, as a lawyer, his
honest belief that not ono VI the articles would
stand the test put upon them nv the court OF
law, and he was inclined to be heard upon tnis
question before the Senate said they we're sum
Gent. IT would oe policy for the defendant To
let tue judgment come with the certainty he
had that he would be acquitted.
Mr.. LORDS REPLY.
Manager Lord said the plea Of the defe ndant
had been overruled and the articles Of iInpeach-
meut were held to bc sufficient He al prehend-
uo d all the facts. Tue Mani did not feel
called upon to discuss tire order until some mo-
tlon Wa made TO change IT, or question raised
by counse Tor the defence that two-t birds vot Q
was necessary on the question Of jurisdiction,
and that the Senators whD voted against juris-
dction must vote mot guilty" on the final
question. The Managers would. at the proper
time h We something TO say. They would show
That the whole practice Of Courts of Lmpeach-
nent had zen ia contradiction OF that argu-
ment. The defendant had not put IN his all
iwrr TO the articles. and ALI the Managers could
% was To move to proceed ~ trial. Tue coun-
Gel for the detence now proposed another dtla-
tory plea. Here stood this defendant accused
II high crimes. AID by dllatOry plea had occu-
pl"d all the time Of the Court. Now, when the
Court held his plea amounted 10 Daught aud the
articles II impeachmt ut were SUFFICIENT, learned
counsel wanted the Court to 70 back and vacate
d ont Of Its order. 1t would be most extra
ordinary proceeding, IN the Judgment OF the
Managers, for this Court to open the proceed
ings again, instead of compelling tina defend ant
20 TO trial.
MR.. M'MAHoSs POINTS.
Mr. Manager Mcmahon argued that counsel
ior the defence had invited the ruling Of the
Seuate IN the yery shape II was given, and real
tom the argument OF MIR. Carpenter on the
lue,tiOn Of jurisdiction to show that he con-
teuled then that the Senate must H. axe such
fuius IN the case. 1t took jurisdiction.
Mr. Carpenter said the honorable Managers
tal argued that THIS court was not bound by
rules OF practice. lie thought every rule In
force in a criminal court had been derived from
experience, and was binding here as much MS In
an, court. Ia his former argument he had never
alluded t. tue sufiiCiency OF the articles OF i'm
pea nment, and lie denied that tue articles
could be declared sufficient by the Senate IN de-
ermlnng the question Of Jurisdiction. He
asked that tue counsel be allowed until Monday
nsIt 10 determine what they would do.
Tue senate then. as a Court Of ILipeaoh ment,