Year: 1868

folding the line OF their Defence asking a reasonable
he continued that when this case s kept out OF the
ordinary channel the senate viii regard In the same
as furnished by the Managers and put this respond
ent upon ms speedy trial to the end that peace may
5ns e a o tine heading ~ s s 81
ment and that all things may again move on in the
land as they did in times past and before this unfor
OF the House OF Representatives, we ask that this
application, as II Is now presented may be denied.
Mr.. HENDERSON moved TO postpone the decision OF


Mr. srANBERy, on behalf Of the President, said-On
the lSth Of this month we entered our appearance
ana this honorable court made an order that we
should have till the 2ad this day, to file an answer.
1t gave the Managers leave to dle their replication
filing OF their replication the should proceed to
trial unless reasonable cause shown for further
have time to prepare for trial II we should show
S0nabie ground for the application. Now what has
happened, Mr.. Chief Justicei What has been stated
to this honorable court composed in great measure
their professional honorf We have stated that since
moment of time has been occupied in preparing
1t; not an instant has been lost. We refused all
other applications and devoted ourselves to this duty
day and night, and am sorry to be Obliged 10 say
that even the day sacred to other uses has been en-
ployed in this duty, Allow me furt or to say say
within fifteen minutes before We can, into
court this morning was the answer concluded
not merely to prepare answer but prepare for
that still more important thing the trial. hope
shall obtain credit from this honorable court when
say that we have been SO pressed with the duty Of
making up the issues and preparing the answer that
haye not had an OF asking Re NE pes hey
| been SO pressed that to the communications which
| we have received from the honorable Managers IN
| reference to the admission Of testimony and the
facilitation Of proof we have had to reply by
! saying:-"We have not yet gentlemen a moments


time to consider these matters All that we know OF


the case that 1t charges transactions not only here


but In Cleveland ST. Louis and other distant points,"


aha e m se o US s q ey nsnd


to make proof against US; but we have not had an


opportunity OF knowing what witnesses we are
| Now must the advantages continue which


all this time the honorable managers have had over


AS understand, and it will not be denied, most


every day they have been engaged in the preparation


of this case. These articles were framed long ago.


While we were engaged IN preparing our answer
| engaged In preparing their witnesses: Day amer


day witnesses have been called before them and ex-
| amined. Weahad no such power and no such oppor-
| tunity. We are here without any preparation,
without having had moments time to to


Managers say our anxiety Is to prepare ourselves,
whereas they are all prepared-competey prepared


that Sey are shoaa be- S r1


look at anything else except the necessary and all


Now if the Senate say 'haa that W we G snail 90 on
when this replication comes in tomorrow it will
place me in position in which have never been
before in all my practice-with formidable array
of counsel against me- and yet not witness sum-
moned, not document prepared, all unarnled and
defenceess. l beg this honorable court to give us
time. II 1t cannot give us all the time we ask, let 1t
give us some time at least, within which, by the ut
most diligence, we can make what preparation we
deem necessary and without which we cannot safely
go to trial. Gentlemen Of the other side complained
that we should have been ready on the 18th, and
read against rule that that was the day fixed for
not only the appearance but the filing of the answer
They read out Of the rule, that old formula which has
come down from five hundred years back in refer
ence to appearance and answering. 1t is the same
language adopted in these early times when the de-
fendant was called upon and answered by parole:
but then our independent ancestors would not
answer on the day OF appearance, but always asked
and had time for answer.


Mr.. BINGHAM one OF the Managers rose to reply


The CHIEF JUSTICE intimated that when counsel
make any motion to the court the counsel who make
the motion have invariably the right to close the ar
glment.


Mr.. BINGHAM said-with all due respect to the rul-
ing OF The presiding officer OF the Senate beg leave
to remind the Senate that from time immemorial, in
proceedings of this kind the right ofthe Commons in
England and the Representatives OF the people in the
United States to close all debates has never been
called in question; on the contrary in Mebournes
s question Sa Was Presented snot he owed to
,he Commons TO protest against the imme.


OF England OF being heard in response finally to what


ever might be said in behalf OF the accused at the bar


OF the peers Lord Erskines decision has never been
rule in England for about five hundred years. In the
1rst case ever tre in the Senate Of the United States
under the constitution (the OF Blount although
the accused had interposed plea to the jurisdiction,
the argument closed by the Manager the part
Of the House. had risen for the purpose OF making
some response TO the remarks last made; but the
presiding officer has interposed the objection to the
Senate l do not deem it proper for me to proceed
further until the Senate shall have passed on the
question.


motion OF the counsel on the table,
Mr.. BOUTWELL,, one OF the Managers, remarked


that 1t seemed to the Managers, and TO himself espe
ciay, matter Of so much Importance rs to whether


the Managers shall have the closing argument that he
wished and they wished that It be decided now.
Senator HOWARD said that IL was not his intention
TO cut of debate or discussion, either on part or the
Managers or ON part OF counsel for the accused and
II there was any desire the part of either to pro-
ceed with the discussion he would withdraw his mo-
| ton TO lay on the table.


| Mr. BINGHAM then said:-I deeply regret Mr.. Pre-
sident that counsel for the accused have made any
question here any intimaion, If you please, that
question Is made or Intended to he made by the MAN.
ayers touching the entire sincerity with which they
ask this time. am sure that nothing was further
from our purpose than that the gentleman who last
took his seat Mr. Stanbery spoke having presented
| this application on their honor. No man ques-
| tions their honor. No man who knows them
| will question their honor; but we must be
pardoned for saying that IL is altogether unusual
questions OF this kind to allow continuances to bc
| obtained on new point OF honor The rule OF the
| ordinary rule in courts Of law-namely, that the


trial shall proceed unless for cause shown, further
| time shall be allowed. | submit that questions of


this magnitude have never been decided on the mere
presentation Of counsel In this country In any other


country. The point OF continuance arising, ques-


tion Of this sort venture to say, has never been


decided afrmatvey, at least in favor OF such pro-


position on the mere statement Of counsel II kndrew


Johnson will say that there are witnesses not within


the process OF this court, but whose attendance he


can hope TO procure II time be allowed him. and II he


will make affidavit before the tribunal that they


MATERIAL and will set forth In his alldavit what nc
expects to prove by them, concede that on such


showing there would be something which the


Senate might properly act; but instead OF that he
| throws himself back on his counsel and


has them TO make their statements here that


1t Will require thirty days OF time In which to pre-


pare for trial. lie sent those gentlemen at the bar OF


this tribunal on the 18th inst. to notify the Senate


their honor that 1t would require forty days to pre-
pare an answer, and now he sends them back upon


honors to notify the Senate that IL will require thirty


days to prepare for trial. take, sir that the coun
| sci for the accused have quite "a much time for


preparation, this trial shall proceed tomorrow,


as had the Managers on the part OF the House, who
| are charged with duties by the people which they


are not permitted to lay aside from day day In the
| other end OF the Capitol l think, on the showing
| made here this day by the President Of the United


states, unless very good cause be shown, and that,