The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-05
TIE IMPEACHMENT TRIAL.
.ouE wORE dRG UMENTs UPON TIE
otrSTION or JtRISDJCTION.
,.,..au,s Counsel Contendina TINT bo IL not
smrnsble TO Impeachment, because he 10
ao, n Public Onicer Reply of MIR.
"a the Argument of MIR. Blair.

n
w,su,<eroS May 4.-The Senate Mt
1.v resumed tho consideration Of tho |
-, ~ impeachment against william W.
n'u,, late secret ~ OF War. The oath was
.Imtn,stered to Senator johnson, who was abb |
80, when the other Senators were sworn.
Ibe order rec sntly adopted, THAT the Senate
nroceei drst to he d and determine the question
whether W. W. Delknap, tho respondent was
.mcnable to trial by i'm oeachment for acts done
a. Secretary Of War, Notwithstanding his resig-
nation ot said once. nnd that the Managers and
counsel In such argument discuss the question
whether the issues OF fact ars material, and
whether the matters IN support Of the jurisdio
tlun alleged by the House OF Represen tatlveI In
the ploadings subsequent TO tho articles OF Inn
peachmcnt can be thus alleged II the same are
not averred In said articles" was read by tho
Secretary.
MIR. Carpenter, OF counsel for the accused,
sad he wished to suggest that II It was the in
tenton OF the court to adjourn over next week.
~ would bo agreeable to the counsel, and he had
no doubt to the Board OF Managers also. to have
the adjournment take place now. so that the
srgumonis could be heard after reasscmbline
without interruption.
Nr. Manager Lord said tie Managers preferred
90 20 on with the ara men: II there could be
consecutive bearing. bat " It was to be broken
by an adjournment mex; week they would prefer
not to GO on now.
Mr. Sncrm u (Rep.. Ohio) submitted an order
that this court nd iourn until 1870 Z NJ Monday.
My Il. and that the arguments on the question
Of jurisdiction be confined to eisht hours on
Mir. slrcent ORep. CALI moved to strike out
the clause limiting the time for argument.
Agreed to. The order was hen rejected yeas,
81 nays. 40.
Mr Hack, OF counse ei for the respondent, said
he was requested by counsel for the respondent
and the NJ nhgers to say that IL the extension Of
sine until the 18th inst. asked for should be
granted the arguments would then DO con-
cuded as soon as " they were to now, as
counsel would have more time to prepare and
Odd mako their argument more concise.
Mr.. sherman then renewed his motion that
Abe senate. sitting as Court OF impeachment,
sojourn until the l5 h inst, and that arguments
on the question OF jurisdiction be confined TO
nine hours on each side. Rejected-Yeas, q;
nays. 3S.
THE ARGUMENT BEGUN
Mr.. III r, OF counsel for the respondent, then
opened Ihe argument on the question of juris-
was, first, whether rriyate citizen was subject
20 ippe chment, either without regard to the
time or manner OF his leaving office, OF when he
might have resigned TO avoid impeachment
upon an assurance from the Chairman OF the
prosecuting C mmit.ee that he would In such
Case not be prosecuted and. second, whether
the allegations OF Iower necessary to maintain
Jurisdiction must be alleged In the articles, or
whether they could be supplied In subsequent
proomsedings. On the nr't que.ton he though,
tion Of the Senate uron the same principle as
l'91, which was that all persons were liable to
impeachment. because In England, the country
and whose laws and usages must be look ed to tc
discover tho extent of us application. all per
easion overruled that doctrine, and after that
decision had been ecauiesced in for IS years, ne
tnss as. Senate Should ni now %S' reverse % peS. e,
In that Blount case, 1t was pleaded
snd although the defendant was Senator at the
various peIio1s referred to In the articles Of Inn
impeachment Senator or officer OF the United
states ana the Court upon demurrer held that
plea to be sufficient. In his (Biair's) opinion,
therefore,
Gated, and was not an open question. imIeach-
was opposed to the policy Of tie English Gov
srnment. Ii was also opIosed to the policy of
positive let er OF the law which regulated the
pr9eeednG Al tho 9est est writer's and /, aeceptod e
S ss M 5Pep & spaf9 T ME- 5i' a.. oease Se
Of the people In their hoUscs OF Commons ana Repre-
stood on very otaS % from ira 6y jury jury
royasa os suss,d s1caPs y 81.
EoducSd Gag after The magma ehar,S and was design.
ed ouy for the punishment of greet offenders. b ack
Ef bar qaoIei WOod'on aud several sew Other &Ssisa
9oy aeslgGea % punish dan ;eroay poS erfaI ofica
BELKSAP A HUMBLE CITIZEN.
But was there anything IN the circumstances Of the
ls IN me case Win s o. tns stehdiSt eIp:hses aad
rue 5es a a a accused s
s ii Il 0T$ TO lin s@o, ana %
"a 60 Tue sen4ig 10 lnySsS ~, aid IN Tue po;eegton
bpposed spirit u me knznsn Cons lution but
own. Although Alise n many resprc - me Eng sh
and American sisous OF government hlu great Olrer
vd hps S zoe SgSe a Sa no HS rsG. e1es9.
pars va. Goy.rnneut Of limited powers "a eysa tns
sCSs1 81 hem S wa. "ss sy con
Sue a soar. :, 'a S nd Shst
ssh @ stnaI, VS. suol to hoa jur .top5 USs5
ne only e91merst9n & o. sge esies & % va ~ e fourth
,oas no had been officers could be impesche tut hat
oay question Git was SV' %teor r. tHs Sofa
any lime Once SsA they 10 ss. not wSS snS
& Ihg time time Of me inpeainia%eat % 39lglnf nice. NJ
Fuller barnard and Cardozo eases, where JUICES
- Zen Ts1bns b to "y9a S n ana nr TLfs
a' ser;o.. 'u.y S:sns cs. f. aS .S
vs s12o,ea sSd g 2 59s ad uy & Il he h0Gss
IL spis say o.e helpless Individual to oslonor
1HE SECOND BRANCH or THE CASE
"a to ine materi.i.y Of the alterations oi the sec
sna u2H oI, Me a., iras & 10 sAS that ne though!
ssd as S, eSa oI ne. s1Ss ans sns qeiines is
shose tast u,e, pre.crrlng that N TINS manGavrn.
~, .. Wele.htr .. should not get the aaNan.
shon, -fs ~ mat u r-r,ns not no ding once
ih. u', .l ' i''..'' he II mus' !s.s, oe CARED
ser.oa. called ior ~ Ie 1 he iae s,ass OF
senton M W. co.lented l!a man haa ri. Il to re-
Ssyo,a l.Nsa. Il he celi4, lac linda aadf a
q H D. n VIII
Invariably tended the pros'cut on % Or vat- Der
son w this oyerWhelmlEg power. No scnsibe
man MOu!d NlInFy unatrtake clunct Of th,t
kind II he could avoid It aud no mad char.
hcuT enough 10 stand before the country ana
llsuty ht action, The supreme Court OF Inc
inn STA c. tet ed again .ud again tie analagus
su,.on tbts person rralsng one State coai con
ItJ As properly anOtner prrs resldng outsile a.
~ so 10 glYe court Jurisdiction, provided he didIt
70 agol fa.th Was Il pretended tn mi re.lglstios
me accused was not made gOOu iAith Masu
e'cnlrd NAT as soon a. Tue PROSECUTION closed he
you re- urn 10 hi duties Secretary u Warp In re-
lArA 10 the tnlrd question whlch the senate had In
suc cg he Managers anu counsel 10 argue. he would
~ olNlis AZ present, as he thought that matter
80 p".9 On ne verJ face o. H. Nobody Of
x lhiit lieht Deng amended, and Tue Court IL thus
Pc" k case OF Barnard had cxprcs,I, held III AZ.
utle' ut impeachment re ul AnandAble MIR. Bair
to'el bt eApfessng regret that shortnesa
sIs s g,. veg lm Tor PREPARATION hsl prevented his
aN Hf Ah.ust'e All arfunent on the issues raised
sue lNougai due to the dignty u the senate,
MANAGER LORDS ARGUMENT.
After recess Of nfteen minutes MIR. Manager Lord
~ he ifs desired 10 reply argument OF hs counsel
49, tle lafdu1A case. II occurred ~ the state In
sN me- hf lordl resides aud the report OF the judi
..I pHntre IN taat case was not regarded ~ con.
s'N'f' Yu lAe qusatlon u JURISDICTION, Again, toe