Year: 1868

Mr CbefJustice and Senator's should not have arisen
TO spsak on this OCCASION had it not been for the quail
fcation made by the Honorable Senator from New-Jer
sew ask the Senator consider that in the OF Judge
Peck after the testimony submitted to the Senate
the part Of the House that then the counsel for
the respondent argued the case for the respondent
on the part Of the House Of Representatives by two arg
ments made by the Managers ask the Senate 10 CON
the part of the House of Representatives and OF the
People OF the United States closed by three Mana
gers after the had been haa bsen closed
also ask the Senate TO consider that in the a OF Judge
Prescott ID t & nt ahlv copd1eted trials
In the history OF impeachments either IN TINS
IN Great Britain on TN the rT esT S oe Of Ss by M
Webster that two arguments were made Dy tne MALTA
gers of the Of Representatives and on the part OF
the People OF the Commonweah after ine case oi h Tue
respondent had been absolutely closed, boh upon inc
needs no further Illustration to satisfy THIS tribunal that
the OF the PcOplethe case OF the House OF kees
entaves-f this trial is TO be opened 70 fu debate ny
gentlemen who represent the respondent here ought 9
TO be left after the close of the respondent 70 single
counsel the part OF the House Of Representatives


Mr. sTANBERY and said that the counsel for the
President neither asked nor elected the order proposed
the other side arguing the case but he understood the
amendment OF the Senator from ONO 10 hh Illni,
whereas in the the allowed for the closing up
was unlimited The rule spoke OF only the number OF the
counsel Of the time they should occupy lie desired
that there might be no misunderstanding He hoped
that not OF the counsel for the President MO any m





competent TO know aud he knew that when the counsel
through they would stop, ana would take onIy ~
beyond that they would not have the attention OF the
Senate He could say that he spoke for his associates IN
The ease than they considered necessary They wond
take every moment that was necessary but not moment
that in the supreme Court Of the United States when
guments limited TO two hours that linn frequently
where he himself had spoken two days III counsel were


limited to exact time. they would generally be en-
clock instead Of their case and reluctant TO begin
argument for fear that they might exhaust too
ant branches OF tie In conclusion he begged tile
Senate not TO limit the time Of counsel o...,.,.


Senator SHERMAN, after bearing MT. BtanDeTys re
marks, withdrew his amendment. ,


MIR BUTIER desired the counsel for the President 10
icy SSy %hSet S net Ws IT, that fact would have is impression
upon the mind TO what time should he granted. ne
out prejudice to any body that from the kind attention
which he had received In view OF the Senate ia the open
ing argument he did intend to trespass single mo
ment In the closing argument but would leave IL TO tne
very much better argumentnn OF his associates ne
only wished without any word on Ms part, uat s9Sn M
arguments should be adduced as should convince the
country that the case been fully developed on the


senator sTMNER moved to strike out the last proviso
the order, aud to insert in lieu Of 1t the too%ns


psAehm,ai all the Managers who srsak shan close


Senator CONkLING begged 10 ask the tonnse Ior the
President the question which had been pro
pounded BY Mr.. Manager Butler. ,. .


Mr. EVARTS-Mr. Chief Justice and Senators: vas
about say word In reference to the question whsi
the senatOT from Massachusetts 10 offer has amend
ment IL viii not be In the power Of the counsel Tor Tue
President II the rule should be enlarged, 10 CON
tribute aid Of more than two additional advocates on
the part OF the President. The rule was carly adopted
and known TO and the arrangement OF the number OF
counsel was accommodated TO the rule II the rule tbaI
he enlarged all OF would wish 70 take advantage oi the
beralty OF the Senate In regard however 10 the arE
ments SIX against four as would then be the odds, We
naturally must feel interest, particularly ~ All cur
opponents are 10 speak after sha have have con
cuded The last speech hitherto has been mace in be
half of the President II there is any yaue In debate
is that when IL begins and is controvesy between Two
sides each az fairly may be, shal have an opportunity
To- know and reply 10 the arguments OF the other NOW
the present rule, very properly, II seems 70 me- and
wholly in accordance with the preccdeuts In al matters
OF forensic debate requires that the Managers shan close
by one OF their number, and that the counsel for the
President shall DO allowed to epeak and that then the
second Manager appearing ~ their behN thG close 30
II the rule shall be enlarged, would seem especially
proper there to be such Disparity as that OF x
against four that an equally Just arrangement should Oe


made the distribution Of the arguments for Managers
and for the President.


senator WILLIAMS moved 20 lay the order and amend


ent ON the table IA order he said 10 have test VOTE
~ TO whether the rule should be enlarged. -
that n the Senate titng for trial Of an Impeachment
there Is no authority 20 lay proposition on the
table. -


The CHIEF JUSTICE could not undertake 10 Limit the
Senate in It's mode OF determining questions. lie con
ceiyed the motion lay the table TO bo m order


Senator WILLIAMS called for the Yeas ana Nays