The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-28
Motion of Defendant for an Adjournment
Until December Denied.
ARGUMENT OF MIR. BLAIR
Dir. Black on Injustice in Times Of Great
Political Excitement.
THE QUESTION OF JURISDICTION.


being composed Of ladies' Onehalf Of the gentemens
gallery the right of tho chamber, occupied
by ladies' in addition the regular galleries set apart
for them The upon tho part ofthe House OF
Representatives. and the counsel for the accused were
arranged heretofore. The Chaplain in his opening
prayer, alter invoking tho Divine blessing, said
May rsmemser that another day coming and that
Father hearts long Tor that healing that we may AZ
all failures here DC but the stepping stone
20 the glorious hereafter
Ex-secrctary Bclknap, with his counsel, Messrs Car
penter, Blair and Black, having entered the chamber
and taken seats prepared for them.
The PRESIDENT pro tenn announced that the hour Of
ha-past twelve had arrived, and the Senate, in nc
cordancc with Its previous order. would suspend the
consideration OF legislative business and proceed TO
consider the articles OF impeachment against William
w. Bciknap, late Secretary of War;
The Sergeant Arms then made the usual Iroclama-
tion.
The names of Senator's Alcorn, Johnston and wad-
leigh, not heretofore sworn, wore called
Mr.. wadleigh responded and the oath was admins
,sred TO him by President pro TEN. Ferry
Mr.. w.TnKRs of Virginia, announced that his COL
league, Mr. Johnston, was detained Mt home by seri-
illness in his family.
The Secretary of the Senate was directed to inform
tho House that the Senate ready
to proceed with the impeachment trial
After u few minutes the gers the part Of the
House OF entered the Senate Chamber
amt escorted to their seats.
The journal of the proceedings OF the Senate sitting
as u court OF impeachment the 10th inst read
and also the rejonder filed on Monday last by the
accused, and the sWrejonder ned on Tuesday by the
managers
Mr. LORD, on behalf Of the Board of Managers, ar
gued the respondent had answered the charges
contained IN the articles OF impeachment Tho plead
ngs filed related only to the question Of the uris
dicon of the Senate sitting court OF impeachment
the managers deemed 1t best to have the evidence
hofnr
scented. He therefore, presented the following and
asked that it be adopted by the Senate
M s aas as Sc
Arguments relating Thereto are nen,a ana such plea =
.ees o. within two days and the H"uss o.
two days and tia. the trial the next day acr
the joining Of the issue.
Mr. CARPENTER said he had a counter motion, and
that continue the further hearing Of the trial
until the first Monday Of December next and, that
was n very important motion, tho counsel for tho
cuscd desired be heard upon It at greater length
than the rules Of the Senate allowed He therefore
asked that the 10th rule be suspended allow
four hours for the argument two Tor each side. He
then sent TO the Clerks desk and had read ms fol-
lows
of the House Of Representatives OF the United
states Of America OF high crimes and and the
third and
s .s ss
ss % have viii si 'v ~ d:'A
The question being tho request Of Mr.. Carpenter
to extend the time Tor argument 10 four hours brief
discussion took place between Messrs. Edmunds,
Conking, Thurman and Bayard alter which the re-
gaes, was granted BY yeas Is; nays Is H aassrs
Howe. Key Merrimon, Sargent Sherman, stevenson,
Thurman and withcrs voting in the negative
ARGUMENT
Mr.. BLAIR, OF counsel of the accused, then sub
mtted in behalf OF the motion tor extension of the
time his first reason the aeness OF the session. II
would be impossible for the counsel for the defence In
the time remaining OF the present session to prepare 10
do justice the great questions involved this
the threshold they met by the fundamental
constitutional question whether private citizen was
subject to be impeached by this body Tho counsel
has not the late hour 80 to tho original
sources OF inquiry on a subject so grave Even the
their reach having been OF the library when nrs
inquired for, and when surrendered were handed over
TO The managers The second ground for an cx.en-
mace BY the managers they ask the liberty 10 present
additional articles. II was matter OF present history
that the House OF Representatives proceeding day
BY day with inquiries add additional arclcs
From the committee from which thsproccedng origin
the pubic press Of testimony intended 10 further
rrirnate at least prejudice the puphc mind, and
before which, sitting as court, the accused
was arraigned: Were we TO have impeachment IN
liberation was pending on these articles the House
investigation SHOULD SIN go ons The accused did not
everything could be against him should be
presented They wanted all the evidence against hun
the accused 70 have fair trial while the sluces OF
umny opened and the public mind saturated
With1 prejudice. The accused was n man who won
his station the councils OF the President not by
manipulating OF primaries, by great services IN the
forum, or by pecuniary and material ard IN the cleo
such man brought before the Court upon these
articles he should at least only be called upon 10 answer
specuc allegations cmbodying All that could be found
against him after his Official history had been
sacked Finally he appealed 10 the senate to postpone
nature Of the charge itself the position of tho
party, the charge connected itself directly with
POLITICAL ISSUES
the day. The accused be tried before body
consisting of the active partsans and politicians
OF the United States charges which ono party was
heap upon the o.hcr, and which the other
anxious To throw on SO both parties were CON-
med TO his destruction IL was no risrcspect 70 the
Senate 70 say this, because even the supreme Court
declined 10 give It's judgment ON questions affecting the
party politics of tue day until the contest in which
an illustration Of this he cited the course OF
the Supreme Court in the bred Scott
bodies abound in instances when the honest able
and impartial men had been hurried away uncon-
into the grossest injustice persons brought before
them for trial Further the history OF this present
DANGER or ovxn HASTE
The Senate knew that these charges when preferred
aad been investigated In day that the House Com
niItee had reported on tue next day TO the House,
bat the previous question called aud this impeach
,r two members Of The House learned 10 Tho law.
aad warned the House that there jurisdiction
such a. this. but IN Even one OF the
now prosecuting the had taken that ground
and had quoted Judge story In support Of u.
Mr.. BLAIR also alluded at some length TO the action
u the administration toward Mr. Bslknap saying with
prctcxt OF Law aud without pI oo that he intended
escape they had surrounded his house with dctcc
ives What harm could come from delays What inn
glabc could be gveu why this thing should DO
orccd nowy Nobody believed that the accused was
going TO run away. He longer In Office aud
sould do harm aud had done the Stale
the past and ensltlcd TO lair and just trial.
Mr.. Epxuxps said II the counsel for the accused had
concluded their opening he would move thar tho Sen
ac withdraw Tor consultation.
Mr. BLACK said the counsel for the accused had not
oof closed had supposed that
{ the managers the part OF the House would now
roceed with their argument, and leave 10 him or
er Carpenter 10 make shc closing speech.
Mr. LoRD said the managers did not feel ~ liberty to
wocecd TIL The opening the part OF tho accused vas
ompleted
AnGruExS
Mr. BLACK then sad that the House of Representa-
tvea Tor reasons which 10 thcm. doubtless seemed
lehs and proper were bent destruction OF tho
ltizen who now stood the bar OF the senate. To