Year: 1868




ants appearance, and if then be can


show that he has not had time to pre-


pare, grant him the indulgence Of


further time We, on the part of the


House Of Representatives which We


are here representing, ask that the


rule adopted by the Senate for the


government Of this case may be en-


forced. 1t is for the Senate to say


whether the rule shall be sustained as
a rule to govern the case, and whether
it shall be changed But, standing as
a rule at this time, we ask its enforce
ment.


Conkling offered an amendment.
that, unless cause for delay be shown,


the trial shall proceed Immediately
after filing the replication.


Bingham expressed the satisfaction


of the Managers with Conkling :


Managers were desirous Of indecent


haste, but said they did wish to avoid


delay in this important matter. The


people demanded that there should


be no delay in the trial of the most


fragrant betrayer of trust the world


had seen. There is nothing clearer,


nothing better known to my learned


and accomplished friend, Mr. Stan


berry, than that the making Of the is


sue before any tribunal of justice and
the tribunal, are very distinct trans
actions. That is perfectly understood.


A very remarkable case came up in


the State trials before me, where Lord


Holt presided. at the trial Of Sir
Richard Brown, Preston and others,
for nigh treason. When counsel ap-
peared, as the gentlemen appear this
morning In the court, to ask tor con-
tinuanoe, the answer which fell from
the lips Of the Lord Chief Justice
was: We are not to consider the
question Of the trial or time of trial
until a plea be pleaded. Because, a.
his LOrdship very we'll remarked, il
may happen no trial will be required.
Perchance you may plead guilty to the
Indictment. So the rue lying before
US contemplated the last clause
of it, providing if the defendant
appears. shall plead guilty, there may
be no further proceedings Tn the case;
no trial about it; nothing would re-
main to be done but pronounce judg-
ment under the Constitution. 1t is
time for the United States to talk
about trial when we have an issue.
The rule is as plain on a simple one,
and | may be pardOned for saying
that l fail to perceive anything in
rules 10 aud IL, to which the learned
counsel have referred, which Ia any
kind Of construction can be applied
TO limit the effect of words In rule S,
tOwit: that if the party fail TO appear
either IN person or by eOun-
sci on the day named in the
summons, the trial shall pro-
ceed as on the plea of not guilty"
and further. that, if falling on the
day named in the summons, either Ia
person or By attorney, to answer to
the articles, the trial shall neVerthe-
less proceed as on a plea Of " not
guilty" When words are plain ia
written law, there is an end of their
construction they shall be followed.
The Managers so thought when they
at this bar AL they ask is
that the rule be enforced, aud the
trial not postponed for forty days, to
be met at the end of that time perhaps
with a dilatory plea, and motion, if
you please, to quash the articles; or a
question raising the inquiry whether
this is the Senate Of the United States.
1t seems to me, It i may
be pardoned ia making one other
remark, that IN prescribing
both these rules, that the summons
shall issue TO be returned on a day
certain, giving, as in this case, six
days 10 advance. 1t was intended
thereby to enable the President, on
the day fixed for his appearance, to
come to this bar and make his an
sWer to the articles / may be par
doned fer saying further that il Is
doubtless known TO every one within
hearing Of my voice, that technical
rules do not in any way control or
limit or temper the action Of this
body; that under the plea OF not
guilty, every conceivable detonse
which this party can make 10 these
articles, IT they be articles at al-lf
they be prepared by a competent tri-
buual - can be attempted Why
thea this delay Of forty days 20 draw
up au ansWeF2 w hat we desire 70
know, on behalf Of the House OF
Representatives r BY whose order We
appear here. is whether an answer Is
to be fled n accordance With the rule,
and if It be not fled whether the
rule itself l. 70 be enforced by the
Senate. and a plea Of not guilty en-
tered upon by tha accused 2@ghat Is
our inquiry Il IS not ms purpose 10
enter on the discussion 1t all as to
pos tponing the dag, tor the progress Of
the trial. BY desire. for the present,
Is to see whesher. uader this rule and
By force Of This rule, We can obtain
an issue.


The question was on Conklrng
an1an1mant and the vote rfsulfed-