Year: 1868

been many days since the President received hi
summons Two of his counsel are not present, an


one at least, has not yet arrived in the city, an


we say, therefore, that we are not prepared to pre-


ceed with the trial. Now, let us see whether tn


rule, if construed to the letter, would operate t
prevent this postponement. Article Of the rule
| commences as follows: SAT twelve o'clock ant
thirty minutes afternoon of the day appointed TO
the return of the summons against the person I'm
Ipeached, &C." Article 10 says 'the person in
peached shall then be called to appear and an
swer, &C." Now, construe the letter Of the rule
and this is but the return day, and the person i'm
peached has appeared, by his counsel, to answer
4 and asks further time to prepare that answer. b.
another rule, the l1th, it is prescribed that "a
twelve o'clock and thirty minutes afternoon of tn
day appointed for the trial of impeachment, &c.
It seems therefore, that the rules themselves rec
I ognize two days-one of trial and one OF answer
and this is the day for the return of the summon
and not the trial day, and the letter Of one rul
therefore answers the letter of the other. Th
President has not yet had sufficient time to pre-
pare an answer to the charges. His time has beel
fully occupied in getting counsel and in consulta
ton with those whom he proposed should be hi
counsel All of the latter have not yet had tim
or opportunity to fully examine the charges, ant
had no reason to expect that such great hast
would be urged. Now, if the honorable manager
I will 90 back to impeachment trials in the yer.
worst days and under the very worst phases, the!
will find that English fair play always prevailed
and ample time was given to answer all charges
Another reason why this postponement should b
allowed was that no witnesses had yet been sum
moned and, indeed, the defence did not well know
who to summon. And now will the managers still
insist that we must be forced to proceed? 'Strike
but hear me-" Give US the same opportunity ano
the same advantages allowed in common civi
cases. where at least thirty days is allowed for ar
answer; give us reasonable time and fair hear
ing, and there will be no cause whatever for dis
satisfaction. For one, he would say that he could
not in justice, proceed with so important trial ir
such speed-such haste-without giving it more
harsh term.


The Chief Justice said he was somewhat embar:
rassed with the construction of some of the rules
The 2lst rules prescribed that the case on each
side should be opened by one person, but he un.
derstood that to apply when the testimony was al
in and he construed another rule to mean that al
preliminary questions should be argued not to'ex'
ceed one hour on each side. He was not fully sat
isfed whether that was to apply the house rule tc
each side or to each counsel who chose to speak.
In view of an embarrassment upon those ques
tions, therefore, he had allowed considerable ati
tude to debate, and would contiue to do so unless
otherwise ordered by the Senate.


Mr.. Bingham said the rules adopted by the Sen.
ate were law to themselves, and no common law
principles could be properly applied to the case.
The Senate had presented rules for the government
of the trial, and he wanted to see whether, at the
very threshold of the business, very plain rule
was to be disregarded He was surprised at the
manner in which his learned friend had argued
this matter. He seemed to couple together, in one
link, the answer to the summons and the trial. Nc
one pretended that this was the day for the trial.
We cannot consider the question of trial or the
time of the trial until the pleas be pleaded; for it
depends upon the plea whether there will be trial


IF plea of guilty, for instance, were entered, there
would be no necessity for discussing the question
of the trial at ALL 1t will be time enough to talk
about the trial when the pleas are in and the issue
is made up The rule adopted by the Senate is a
plain one, and there is nothing in the 10th and
llth rules to limit the operation of the other rule
which requires an answer upon this day. All the
managers ask on the part of the House of Repre-
sentatves is that plain rule shall be strictly en-
forced, and that the case shall not be postponed
for forty days, and at the end of that time to be
met, perhaps, by dilatory plea as to whether this
is the Senate or the United States. The summons
was issued six days ago, and the President has had
ample time to reply. The action Of this body does
not limit the plea to be entered, and under gene
raj plea of not guilty every conceivable defence
may be made. He saw no reason, therefore, why
the rule should not be enforced and the accused be
compelled to answer.


No other gentleman rising to speak, the Chief
Justice said the counsel for the President had ask
ed continuance of forty days in which to prepare
their answer The rule requires that the question
shall be taken without debate. All in favor of the
motion say aye, and
Mr.. Morton moved that the Senate retire fol
consultation.


This motion was agreed to, and at 2 o o'clock the
senators retired to the marble room for consulta
ton.


At four O clock the senators reentered the Sen
ate chamber and the Chief Justice resumed his
chair.


The Chief Justice then addressed the counse
for the President and notified them that the Sen
ate had declined to grant the request for forty days
time in which to prepare to answer the articles o1
impeachment and then directed the secretary tc
read the order agreed upon by the Senate.


The secretary then read the order, which requires
the respondent to file his answer on Or before the
23d day of March, instant.


Mr.. Bingham said he was instructed by the
managers of the impeachment, on the part of the
House of Representatives to offer the following or
der:


Ordered that upon the filing of replication
by the managers of the House of Representative:
to the answer of Andrew johnson, President of the
United States, to the articles exhibited agains
him by the House of Representatives, the trial o.
said articles of impeachment shall proceed forth
with"


! The Chief Justice put the question, and announ
ced that it was decided in the negative.
Mr.. Sherman offered an order that the trial O
the articles of impeachment shall be proceeded witt
on the 9th day of April


Mr.. Butler desired to know if the managers O.
the House had the right to be heard on this mo
ton.


Mr.. Sumner Unquestionably.