Year: 1868

gu umtasted ~ against such application beng made
u'tSoirt even an affidavit 10 support IT,


~, nv mrs denied that because con fts other than
those called for special purpose nd with hmlted
authority have established leguthEp bearing upon tne


ing established terms OF COur. ana well recognized ana
understood habits in the copduct OF judicial action that
shoud influence the proceeding OF this body The time
had not arrived the counsel for the accused TO con-
sder what had 10 be prepared on their side and


they felt no occasion to present an affidavit matters so
conetly within the cOgniZance OF the Court 0bedent,
said he TO the orders OF the Court obseryant as we


and duty which require the part OF the President OF the
United States and his counsel, not less than on
the mart Of the House OF Representatives and its Man
ayers mat diligence should be used and that coun
sell should be withdrawn from all other professional
the presence OF this Court that it is app


cation for reasonable time to consider and prepare 10
subpenR and produce In all things TO arrange ana IN an
things 10 be ready for the actual proceeding OF te %
nor with great respect TO the honorable managers IN tns
desire to be relieved from undue pressure OF Iase
upon part that equal pressure OF haste may aSo %
been entaed upon them Mr. Evarts procteocu ,no az -,
ability of the counsel to proceed with the s % have
be measured by that OF the Managers Ihe de, ioS
the power. and have exercised 1t Tor lie
OF summcning witnesses ana Gaming i1I p1 resnect
thought If the Court would give due attention anu IesPec
10 the statement OF counsel they Wonu soJ n, hS
considerable range OF subjects ana pracuca1 t
tiOns cOnld be presented to their attention anu
They were placed In the CONDITION IN Or for trial in
upon issue joined, desired time To prepare LOT tIm III
which the ordinary course was as matter r T eS
no time than in the interests OF justice and duty
s60nd be sysP TO G and ma" duty had
no respect 10 poverty or station whatever II,
on the part OF the Managers of the accused, from
any cause proper delay for the production OF witness
was required IL would be the duty OF the Court 10 take


1t INTO consideration and provide for IT, lt would DC
departure from the general habit OF an courts u a,1ea
they were called upon TO proceed with the case;
had determined that so far as was in their power
this case should not be taken ont Of


the ne Of precedent @ @G Would 5nd 4TeSIs S@y
have prepared to meet the question now The first step
taken by the respondents counsel on the 3ih INST OF he
precedents the trial OF Judge Chase on the return DAY
the he appeared and applied for time TO ans
wer coupling with it request for time TO prepare Tor
trial, which he supported with solemn affidavit that ne
Of the succeeding March, and therefore asked
for time until the commencement OF the next
session Of Congress The application was denied and he
required to the It of February succeed


ing, and hve days before the expiration OF the time Ge
claTed Ivy him TO be necessary the case was concluded py
an acqnta complete had been the preparations In
the case OF Judge Peck he appeared on the return day.


three days after the service OF the summons aud applied
for and granted time to answer In thus case. how
ever notwithstanding the rule OF the senate requiring
the filing Of the answer then, they We're met
with application for 40 days The Senate allowed
days for the answer In that answer he found the
strongest argument against any delay OF this case the
respondent claiming therein right under the C9nstitu,


ton, among ms just powers TO 10 the very acts
against him at the bar Of the Senate This in ordinary
cases might not be weghty consideration, but here
the respondent was not only To OBEY the law
like all citizens. but 10 execute It, being clothed
with the whole executive power OF the nation. In
the opinion OF the House Of Representatives he had not
discharged that duty as required by his oath Of Office and
for that failure and for positive breach OF The law they
arrggned him at this bar. with that admission ~ the
answer he asked time TO make good his declarations,
holding in his hands this immense executive power no
provision having been made for It's surrender holding
that power over the nation with which he has disturbed
and Is disturbing the rcposc Of the Republic they felt
IL their duty TO urge speedy progress toward tho tIal
OF this case which should guarantee the ghts Of the
pie at the time observing the rights that belong
10 the accused Before the order adopted by the
Senate the 18TH this application could not have been
made, but the must have been disclosed on the
thrt hhod. That order had now the effect Of rule
ordered that unless otherwise ordered by the Senate
for cause shown, the trial Of the pending impeach-
ned He submitted that there not sufficient
shown IN this case 20 justify the senate IN
the exercise Of sound discretion In granting the time
asked for That discretion not withou. rule itself


It must act upon some rule, and put iise WITHIN The
application to justify ts exercise In giving one hours
delay II would be observed that the respondent Sas
carefully kept out Of this motion In all other cases oi
which be WILSON, had any knowledge In this country
respondent. when Judges taken from the bench


on by andayts covering the features OF their case and
unfolding line Of their defense, asking reasonable
continued, that when this thus kept out Of the
ordinary channel the Senate viii regard IN tn.
Representatives as furnished by the Mana
gers and put this respondent upon Lis speedy


a TO the end that peace may De restored to the country
by the heading off the breach between the two depart
mens OF the Government and that n things may again
In the land as they DID ia times past ana pei1o
This unfortunate conflict occurred Therefore, Sir IN the
coiion o c a. ~ he now presented may bo denied.


Mir HENDERSON moved 20 postpone the decision OF


Mr. sTANBERY on behalf Of the President. said: ON
the 18th Of this month entered our appearance ana
this honorable Court made an order tha We should nave
TIL the 2jd this dAy 20 nle an & iI' a. to
ayers Leave to ne tfs, ,a m me- np ot their rpao1
Should proceed TO trial unless Lcasona0e cause
were shown for further delay The honorable Court
therefore meant have time 20 prepare for trial II
should show reasonable ground Tor the applcaton
Now what has happened, Mr. CmefJusticei What has
been stated to THIS honorable Court composed in great
measure Of members Of the bar by members OF tho Oar
on their professional honori We have stated that since
Nyeh had 10 le
moment Of time has been occupied IN preparing t
NOT an instant has been lost We refused ali other appl
cations and devoted ourselves this duty day and night
and sorry 20 be obliged 20 say that even tho day
sacred 10 other uses has been employed in this duty
Allow mo further 10 say to this honorable Court
that, not until Is inmates before we came, mo
Certainly il was intended the 18th give time, not
merely 10 prepare our answer but to prepare Tor tha
still more important thing, the trial hope shall
been pressed with the duty OF making up the


and preparing the answer that we have not bad
an opportunity OF asking the President what witnesses
he should produce We have been so pressed tha 10 the
communications which have received from the honor
able Managers reference 20 the admission OF testimony
and facitation Of prOofswe have had 10 reply, by
TO consider these matters Ai that we know OF the


IL, that II charges transactions not only mere but IN
Cleveland St. Louis and other distant points, and the
Managers have list Of witnesses who are to
testify In matters OF which they intend TO make proof
against u.s. but have not had an opportunity OF know
iug what witnesses We 10 produce We have not
subpenacd any Now, must the advantages when
the Managers have had over us be denied usi As
understand, and it will not be denied. that every
day they have been engaged in the preparation OF TINS
case. Their articles framed long ago While wo
were engaged in preparing answer they have BEEN
as understand most ndustrously engaged In preparing
their witnesses. Day after day witnesses have been
called before them and examined. We had no such
power and no such opportunity We are here Withoat
any preparation without having had moments time TO
consult with client among ourselves. The Man
ayers say our anxiety to prepare ourselves whereas
they all prepared, completely prepared, 80 FAR as
counsel is concerned very happy to hear that they
should be very far from saying that am equally
prepared.


Mr.. BINGHAM, one OF the Managers, rose TO reply.


The CHIEFJUsTICE intinated that when counsel


make any motion 10 the Court the counsel who make the
motion have invariably the right 10 close the argument


Mr. BINGHAM said-With all due respect 20 the ruling
the presiding officer OF the Senate, beg leave to re-
mind the Senate that from time immemoria In proceed


ngs of this kind, the right OF the Commons IN England