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


thought left TO enable man who accused 70 have
ms day In court when auspcious period for
same lima jus Ss couu oe ,ounu. While ~ so
nave It's just sway
THE SECOND BRANCH
% sIe case was 70 tho materalty Of tho allegations
OF the second replication He was free TO say
that he thought the Court II applied TO- would have
defence had they conceived, conclusive answer,
they chose that course. preferrng that In this
the advantage OF them. The Senate could see IN mo-
men ana without argument, thar II persons not hold
charged that they held Office Charens tie Accused s
slate Secretary OF War; did not bring him within the
class Of persons called for in the amsnabs
to prosecution. He contended that man had 4 right
resign 10 avoid impeachment: Just as q man had 4
right to avoid lawsuit II he could. The defendant had
q right, however innocent he was 70 avoid tho min
which invariably attended the prosecution Of private
person by this overwhelming power No sensible man
If he could avoid IL; and no had character
enough to sand before the country and Justify
his action. The Supreme Court OF the United
States had settled again and again tho analogous
question that person residing In could con-
vey his property to another person residing OF
il give a court Jurisdiction, provided he did t
IN good faith Was II pretended that this resignation
OF the accused was not made in good fAishs Was is
pretended that rs as the prosecution closed he
would return his duties Secretary Of War? In
gard to
THE THIRD QUESTION
which the Senate had instructed the managers and
counsel argue, he would say nothing present.
he thought that the matter was plain on the very face
amended and the Court In this New York case d
Barnard had expressly held thai articles Of impeach
ment were not amendabe Mr.. Blair closed BY ex
pressing regret that the shorness OF the time allowed
him for preparation had prevented his making as ex
haustive argument the issues raised he thought
due TO the dignity OF the Senate
The Senate then, at twenty-five minutes TO three
O'Clock. on motion OF Mr. WHITE, OF Maryland, took
recess for fifteen minutes
ARGUMENT on MANAGER LORD
Upon reassenbling- at ten minutes TO three p. n,
Mr. Manager LORD said II no had any personal desire
beyond the wish that this argument should not be d.
vided In twain by an adjournment, It was that the
managers might have time TO condense their argu-
inents and authorities. As II was, no would DO com
PEELED to read from books moro than he Intended.
sci as TO the Cardozo case Il occurred in the State
which he INF Lord) resides the report Of tho Ju
dietary Committee in that case was not regarded al
conclusive on the question OF jurisdiction. Again, the
counsel for tho accused had argued that impeachment
runous 70 private citizen He mr. Lord) failed
Senate. He then read from tho articles Of impeach-
mcn and replication filed by the respondent and argued
that the issue had been joined II late now
to raise question Of jurisdiction He commended that
the House of Representatives could introduce new
matter to explain and dortIy rs original declaration.
raised the question OF Jurisdiction, aud la
md Of that jurisdiction, the managers brought
in OF the jurisdiction. and this they could al
ways do In regard TO the term, 'ate Secretary he
argued that this was mmateral The prosecution had
The right tho precise Of facts and If it
appeared that the law took no notice OF Of
day. as he thought be should show the defendant
should have ress The day before ne was mpeached
order ~ evade impeachment Was there anything
unintelligble IN these articless Gould English IAN
guagc charge more distinctly bribery and CRIME than
was these articlesf We're not all facts In the
papers distinctly and fairly before this tribunaS And
this tribunal in the of the nation and the
world ground pleadngs when all parties'had come
before IL and waived any technical objection which
might have been stated in inferior end the
case There never had yet been ar:ices OF impeach-
ment drawn that he could discover without the
walton Of the right to present such further articles
the House might fit TO present. He assumed there
iorc that II would be held by the Senate that the
managers could have presented further articles and
into another offence the matter would have been be-
fore the court II they had charged violation OF duty
in regard to some other post traderships, or some
other high crime misdemeanor and the defendant,
instead OF Directing had seen ut 10 join Issue upon t.
that question would be formally before the court just
as though had been presented BY an additional ar
managers They claimed that the defendant having
challenged the Jurisdiction of the court the managers
had right to state any facts whatever In support Of
Mr.. MITCHELL Of Oregon, inquired whether the man
ton might introduce matter explain and forfy
he position taken and to support the declaration
Mr. Manager LORD had that It applied in cases Of
impeachment impeachment was partly civil and
partly criminal proceeding In regard 10 the attitude
ceeding, although some writers denied even that
When he was impeached tho constitution
thrust him out, and when he was shown
to DO guilty OF crimes and misdemeanora
and 10 be dishonest and polluted the consultation per.
mtted the Senate TO say that no was disqualified but
inasmuch as rcplications and rejoinders and surre
joinder concerned this was y civil proceeding.
Besides much more latitude was allowed In regard "a
peadings In court OF impeachment than In any lower
court. The managers would not stop TO discuss al
length the statement that the chairman Of
had made contract with the accused get Of the
office before he impcached for crimes which made
him the most unit man the country 10 hold ofnceL
He was astonshed that counsel of respectful and
high standing should assume right tho part OF
chairman OF committee TO make such infamous
one OF The issues That vsry issue was denied by lie
surrejonder and the other side had noticed by Hing
their similltur. The House did not claim that
citizen could DO mpcached but there where
man who was In Office showed such depravty that he
OUGHT DISQUALIFIED
for all the days OF his life again holding ONCE
Mr.. LORD closed by saying that in that Il 10
the defc ndaHt and 10 the dead whom no claimed 70
represent that il he we're innocent he should establish
his Innocence before the prcscnt tribupai For the
Senate to hold that they had jurisdiction would give
him this opportunity TO ccar himself on the Other
hand, give the House opportunity to establish his
guilt In furherance OF justice. The managers thought
that the defendant was impcachablc notwithstanding
the Office Of Secretary OF War They affirmed that
where In the constitution was there any inhibition
against his impeachment and that the whole scope and
intent OF tho constitution pointed toward his mpeach.
mcnt The House. therefore, had lmpcached the de-
PENDANT and through their managers demanded his
conviction
Mr.. CARPENTER said he supposed another manager
would now open; would not be fair TO pile the whole
three remaining managers upon the one remaining
counsel
Mr. LORD said 1t would be unjust and unfair to COM
pei two managers to 60 on, having only heard one
gentleman the side He believed il had been
the understanding that another counsel should now
10
Mr. CARPfSrER denied all knowledge OF such an
The lair way to do would be Tor two
MANAGERS TO speak now and two managers before the
closed for the defendant
Mr. INGALLS, of California moved that the court
should take recess until seven O'Clock this evening
Mr. CARPExTER said unless OF the managers went
on this would be impossible. the duty dcvolved
him of speaking the side OF the defence and he
was physically unable TO proceed
Mr.. INGALLS, withdrew hrs motion for q recess
The senate then, on motion OF Mr.. COOPER. OF Ten
nessee. sitting Court OF Impeachment adjourned
until halt past two O'Clock afternoon, and
tho consideration OF legislative business resumed
MASS MEETING OF CARPENTERS.
A mass meeting Of carpenters was held last night In