The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-07
THE IMPEACHMENT TRIAL.
ANOTHER DILATORY MOTION RI
BELkNdp'S COUNSEL.

,.,s Secretary of War, the accused, with Messrs.
plack and Blair Of his counsel aud the Mana
se,s ON the part OF the House of Representa-
uyes being present.
The pending question was the order sub
rtted bv Mfr. WHITE OF Maryland on Thursday
at. witch was read Ivy the Clerk as follows:
.,s%,afpriher or answer tho articles Of Impeachment
sithin ten 'ys from this date.
Jndee Hack of counsel for the accused said
,e would ask leave In the absence OF one OF his
,olIeagues. Mr. Carpenter to present a motion
irawn up by that gentlemen, and which he
,ould have submitted himself II he had been
nile To attend the court to-day Judge Black
,ben handed to the Clerk and had read motion
"A follows;
senate n ne United Siqies sitting AZ curt Of I'M
The United states u America ast william W Rel
Here. ia court, come. ne sad W. W. B1Shsp.
M move, ,he COW 9YN aIv ~ e e1y ssi, AMI hi
nv naugnt the Plea ~ nm. ssd Beknap hy MN hfst
Ter vas not passed Win concurrence Of twothirds
>, the senntors present and yOuug upon the cues On
naic9ine ana passing sad order as sppeers oy the
rford 10 II . Tx 'vnyfoovKNy BLAIR. NirnasisL c.n
rkNTER Of counsel
The Chair announced that the question would
lrst be put upon the order submitted by the
hn4tor from MARYLAND mr. whytel.
Mr.. Blur Of counsel for tho accused said Il
occurred 10 him that the vote should he FIRST
vel for The defence. His colleague Mr. CaTpen-
Yer. by whom the pleading mad been drawn up,
Kia uuatl TO attend court to-day, IN Conse-
luonce of Illness. lie therefore asked a short
Indulgence. In order that Is colleague might
take part IN the argument. The defence had no
het oi any dlatory motion in this matter. IL
seemed to ue the impression throughout the
country. JUDGING by newspapers, that the de-
fence was seeing In some way to delay action.
sucu was not the case. Nothing was to he ac-
;ompli-hed by delay; but ali the defence wanted
~ fair trial
The order submitted by Mr. WHITE was amend
I'd. On motion Of Mr.. Sherman. by striking out
me words Is nere6y ordered and inserting in
-otdcred that Mr.. VIM. W. Belknap nave leave
~ plead further ar answer" &c.
Mr.. Manager Lord submitted tho following:
h irei. That IN default Of answer TO the articles OF
pln plea OF Not guilty"
Mr. Thurman Dem, OhIo) said he would move
The proposition just submitted by MIR. Lord az
~ amendment to that of Mr.. Whvte.
Mr. thristiancy ORep. Mch) asked II II was
~ intention OF the Senator from OHIO by the
,ricrs submitted to cut on the right ~ the de-
ence % argue the question Of the invalidty OF
.he recent order OF the Senate on account Of
H. not having atwo thirds voter
Mt, Thurman replied that that question
sorld be argued at any time, though II could not
" declded until the Senate came to final de-
:siOu OF the case
~. Edmunds said he did not wish to be bound
hv the question Of the Senator from Michigan.
9rthe reply Of the Senator from ONO.
Judge Black said Il was not necessary to pro-
nde = pen lty for def tult. by anticipation. II
would he time enough to prescribe n penalty
uier the default was made. lhe answer would
prOuibly be IN ~ the time specified.
MIR. Logan had the eighth rule read, which
provides for the Ming % an answer ny the de-
iendant. and In case Of defiuli. :ne trial shall
proceed as upon plea OF not guilty
Manager Lynde said the Managers believed
dilai r, motions hsd been indulg,'1 ia too long.
tnd without precedent. He could Il d no lre-
tedent. either In England or tins country f.r
l,forN pleadinrs. He referred 10 the case of
sNuEe 'atn'tu ana others and argued that II
tr senate should continue TO hear dilatory
tls's the trial would never end.
Nr; Biair said The only dila,ory plea filed by
IN. deiegce was that in regard TO juris diction.
judge black said he did not admit that to be
td.l story lea.
Nr Blair (resumng) saii the defence ,vas
bred into trial without proper time for prena-
tat'1n. and now they asked to be heard on The
a.esiion OF the VALIDITY Of the oraer ndonted ~
the nate. He dl1 not ,hink the Judgment Of
u rrnate could stand IN "ccord ance with legal
pr'cedents. To morrow or next DAY the de-
te lce would be ready to proceed with the argtl-
III u ~ he hoped the senate would not take
tnlp Judgmeut upontuem.
MI lYnde said the Managers had no objection
70 induising counsel IN any proper motion, but
hey wanted some time liked for trial.
Judge Black said he agreed with the Senator
rJm OHIO, tna. the motion died by the defence
to-day could not be decided until the nnll de-
termination OF The case. out che defence should
nave the privilege OF arguing the question at
Al time. lac u, sision Of the Senate on the
question OF Irisd .lun WAS In favor Of the de-
tendaht, auu NOT against him. as there was
bare majority In favor OF IT, ard not the neces-
tary two-thrds vote. lie argued that 1t required
n tMo-thifus vote 70 express the Judgment of
The senate as collective body less than two
tnrds was like the vote OF one-half OF a i'Ir III
established nothing.
Manager Lapham said that all the Managers de-
sired l IA we Was an Operative order In case rs
y wnat should be the future course OF the
pleading. He greed win tho defence that the
csuon ~ a two-tnirds vote ueing necess1ry To-
tsser jurisdiction vas avail bile 10 them at any
tId-e ui tue preceding. Iur Manager, had NJ
re-fe " cut on that question. lhey we're Ire
pared 10 meet II, but they aid want at this state
o. tut case TO put defendant 10 a position where
Nc must either answer or 20 TO trial.
Before tue vote was taken on MIR. White's
oIi'r ne submitted another ordei 4 that the
sena'e slti ~ a Court OF Impeachment ad-
l)urn unlll 70 morrow 1T T.. NJ. wien argu-
Mrn' sill al be heard upon the Question suhulf-
,el ~ counsel Tor defendant. rejected yeas
NJ .urnan's amendment TO the original Or
ger 81 Mr. Nhite, to the eject that in default
VI an a"er bY respondent within ten DAYS
the itlN stall proceed as on plea OF not guilty
Sas A.rsed ~ py yeas 30, nays I. Messrs Logan,
epeu'er' Morrill, lhtD and many other senators
sp's+u - .Isulctloh, ala not vote when their
Va N~rc called.
Mr. Nhyte Iurther modified his order 10 ra.d
follows: ~ 'eAN
.Wt'ed IAlt Mr wm. W. Belknal have leave to an. |
d. w., 'i-ISrr " Impeachment wihln ten days from
sL leu Jay By the respOnGent the articles Of M.
bot afS" '"e ma snail proceed as upon pea OF
The order as modified and amended, was
@tvs1 ',-ieas - nays, L.
or, .iAua.er Loud suDmi ted al order that on
~ M VI JuA, 1876, the Senate. sitting as a
va. ~ Impea ehinent, viii proceed To hear the
queue on ments In the trial Of this case Mr.
o. "' 'to9bll lpI IA NJ July III WAS that |
n' WIZ. .ses Nere all scat cred. they " ere On
80" slnts of the continent. The might be
tN"vieu together ny the lst OF July,
~, 'urrs rs no DOUBT about having
iSueu "sIe ~ the llth OF July. The House OF
- ,ulA ives Was anxluus that TINS trial
'"V-' interfere WITH public business.
~ l,uhdS moved to amend the order by
nrr.,,'.- 'A . Instead Of July ii, aud Mr.. LORD
-Ss7pled ne amendment.
ser JuAe ~. " '"s"' W III
eoaaI5s W ,aaeer Mcmahon said the managers
Cb. lt ut Ieduf ~ June 49, The notice Of tbe
NIL I'1n Va lAe Bo.id Of Managers to put ID of
hsss '1'4 a. " accom- uodate the public Dusi-
o, ~, .NNl WI. heil Of Oregon inquired II the 18th
suc. H. ""ull give the Respondents counsel
Tor H.. ~, , as 'heN deemed necessary to prepare
IA, Nl44 ~ Tue merits OF tue case.
H. ti, .al Aaiu mat counsel for the accused had |
moi tH1 70 consult on the subject, but he did
me- ' ~. ."ef could no ready Dy that time, as
brn',t nc sohe Witnesses who could not be
ll,i'". neT' ~ that date. lie thought, In
pos t.,.. tu7 uet"ndant, tnis trial should be
or H. ,,4 Nllili lh~ next session OF Congress,
thai ,,.,.'|'"l session OF the senate, called for
lie s'p"ae' II the propositions now before
nour. ,,at' should be voted down, be gave
tae ~ va ~ would submit motion TO djOurn
1etl we Ahtl the lht day Of November
Ar .-v OIL gay Of December.
TIE TIM. ~ ~ Maine said the question Of fixing
A. H. 'u'' lllal was an Important one, and |
Iloi.II '''st ~ public business the seuste
iuu,,d f' Voisul dilun on the subject. He
DO. "ai ne galleries be cleared and the