Year: 1868

-


nary trial ceases there say that the Chief Execu.


tive who u the commander Of yolr armies, who


claims that command, who controls through bis sub


ordinates your Treasury, who controls your navy,


who controls all elements OF power who controls


your foreign relations who may complicate, in any


hour OF passion or OF prejudice, the whole nation


by whom he is the respondent at your bar;


ana, marx me, sir, ! respectfully submit that the


Suestion mere at issue this day, this hour, Is


Wnetner ne snall control beyond the reach OF your


4sMh ana outside OF your laws the army Of the


United States, That is the one great question here


ss S 81 s nS as sms


py congress; setting aside every law, claiming the


Executive power only that he shall control the great


ne please to your ruin and the ruin OF the country


TsksSn, Tssn, 81, 90 we not know, may we not upon this


moIon mo assume the fact that the whole business Of


tne War Department OF this country pauses until this


trial goes onf He viii not recognize. as we all


Know, the Secretary OF War whom this body


whom Congress, under a power legitmately ex.


ercsed, have recognized as the legal Secretary Of


war. And 90 we not know also that while he has
appointed a Secretary OF War ad Interim he dare


not recognize him, and this day and this hour the


Whole business Of the War Department stopsf Mr..


the army, II confirmed by them to-day, who by right


ought TO have his commission and his pay commenced
Immediately when his appointment reached him,
days-as long As 1t took God to destroy this world by


q hood iLanghter.) And for what, IwonderP That


the Intelligent and able counsel might delay the trial
ment was already thrown into confusion while they


were blamed. But, he continued, that Is not all.


perturbation, while this strictly constitutional but


wholly anomalous proceeding goes on, and 1t pauses


ntfully when we pause, and goes forward when we


country is arising out OF the desire OF men to have


business interests settled to have prosperity return


laws as It win under the laws Of nature say the


very pulse OF the nation beats here and beating Mt


fgy requires Us to s i 6y bringing this respond
II ne 80 deserve, at the earliest possible hour
sistent with his right. Mr. Butler then argued that
while all the time shown to be necessary when the
case came to trial should be granted no time
should be fixed In advance. They should not pre-
sumo in advance that the respondent could not get
showed the absence Of necessary witnesses, the


ayers would either acquiesce In a proper delay or
would not deny the respondent single indulgence
consistent with public safety: They asked no more


scs % hs rps Saa to e %
bar was committed on the 2lst Of February. He
knew knew Its consequences as wel as they did The The


Sn ,Se is on thy 4h mao Of ssaeh ssa HS nsS
wsa. % essysas sSey called its legal and
Judges 6ad sat twenty-five hours in the day on the
tris. OF great crimes and they, God giving them
frcuth would sit here every day and every hour TO
bring this triAl to a conclusion. He knew exactly
Wkaf he had d1n g. They had granted him more time,
and now thew os ID that he should be prepared then
meet them He nGbRsta bst the charges upon which


nSrew %Osan %0s1n sa. arraigned were frivolous,
or Of non enect When counsel OF sns
highest respectabiity w eve told the senate that
with ali their legal abih ty they could not put put
% an answer to the ch. us00 dovs evsa Hftv
jey les than iors afaeE SayS recsspitulatnss spni tiny
the considerations which he tn bS Uusa to ln
fuence them In deciding this queAiCn, trial either
them that speedy termination OF the nravno
way would bring quiet to the country an. ne fe
them not to decide this question upon which !. ,ver
OF the nation depends the greatest question that.
giles OF law.


Judge NELSON, Of counsel for the President, said-
have endeavored, IN coming here. to divest my
Of df asa that Se haye e 9es in
Impressed only with the thought that we appear
before a tribunal sworn to try the great question
to dispense justice and equity between two OF the
greatest powers II l may so express myself, Of the


Is mucS IN he s W Ss
honorable Manager Cdr. Buter) made, 'that this
tribunal is not to be governed by the rigid rules Of
law but s disposed to allow the largest liberty, both
TO the honorble Managers on the part Of the House
OF Representatives and the counsel on behalf Of the
was nothing improper IN our making an appeal to
this tribunal for time to answer the charges pre-
Serred, and that instead Of that appeal being denied
much more uberality would be extended by the
senate OF the nation sitting as Court Of
Impeachment than we could even expect on a trial
Mr. Chief Justice to enter at this stage into dis
cusson OF the charges although 1t would seem to be


Sy 9 h
you that 1t is right In case OF this kind to proceed
with railroad speed and in consequence Of the great
case can be proceeded with much more speedily than
1t could have been q few years ago. The charges
made here are charges Of the gravest importance;
this honorable body are questions in which
not only the representatives OF the people are con-
cerned but in which the people themselves have the
deepest and most lasting interest. Questions are
raised here In reference to difference OF opinion
between the Executive Of the nation and the honora
BILE Congress, as to the constitutional powers and
to the rights which they respectively claim. These
are questions Of the utmost gravity and are questions
receive Q most deliberate consideration on the
part OF the Senate % and trust trust that may
for making an ausion to statute which
has long been in force In the State from which
] come. only do 1t for the purpose Of making a
brief argument by analogy. We have statute In
Tennessee which has long been In force and which
pyovides that when bill OF Indictment is found
against an individual and he knows that, owing to
excitement or other cause he may not have fair
trial at the first term Of the court, his case shall be
be continued to the next term Of the court. The
speed. Il there is anything under heaven, Mr. Chief
Justice, which gives to judicial proceedings q claim
20 the consideration and appreciation OF mankind
At Is the fact that justice and courts hasten slowly In
the investigation Of cases presented to them. Moth
tng Is done or presumed to be done In state OF
excitement. Every moment Is allowed for calm and
mutual deliberaton. Courts In the habit OF in
Nestigating slowly carefully cautiously; and
when they form their Judgment and pronounce their
opinions and when those opinions are published to
tie world, they meet the sanction OF judicial and
legal minds everywhere, and meet the appreciation
and confidence Of the people before whom they are
promulgated. II this Is sO-and this is one OF
the proudest characteristics In the form OF
judicial proceedings in courts-how much
more ought II 10 apply In an exalted
and honorable body Ike this, composed OF
the greatest OF the United States, OF Senators re-
vered and honored by their countrymen, and who
from their position are presumed 10 be free from
proach and to be calm In their deliberations need
not tell you, sir, need tell many OF these hon
Orable Senators whom address on this occasion,
many OF whom are lawyers and many OF whom have
been clothed In times past with the judicial ermine,
fhat in the courts Of law the ves criminal VINO ever
was arragned In the United States has been granted
time to prepare for trial. and the right not only to be
heard himself, but to be heard by counsel. No mat
ter how great his crime no matter how deep may be
the malignity OF the offence with which he is
charged, still he Is tried according to the forms of
law and is allowed to have counsel. Continuances
are granted TO him. and II he is unable to obtain
Justice time is given him and all manner OF prepara-
fon Is allowed him. II this Is 80 in courts OF COM
mon law. where they are fettered ana bound by the
Arnp ruiaa IN wh have ho mi tpora