Year: 1868

ns


w. Y !: X s.4Sk, s@xsrs,


THOS A. r. NELSON


MARCH IL, 1888. Counsel for Respondent.
Mr.. BINGHAM, Chairman Of the Managers ON the
part OF the House, said:-Mr. President, l am In
struced by the Managers the part OF the House TO
suggest that under the eighth rule adopted by the
Senate for the government OF these proceedings,
after the appearance of the accused q motion
Of the rue Sens that II he appeal and de an
the shall proceed as the general ISSUE II he do
not appear the case shall proceed as on the general
Senate impressed with the belief that the rule meant
precisely what it says and that in default OF an ap
guilty. wv II ' on ' appearance no answer Be filed, the
trial shall STILL according to the language OF the rule,
proceed % as on plea OF not M guilty presoert


Mr.. Chief Justice, the construction which the man
ayers have put upon the rule be correct the counsel
for the President have been entirely misled by the
phraseology Of the rule They (meaning counsel for
the President) have construed the rule In the
Justice, for instance in court Of equity The order
In the subpoena is to appear on certain day and
answer the plea. But certainly i was never under
Of their appearance. So 1t is In variety OF other
legal proceedings; parties are summoned to appear
answer is either fixed by some general rule OF the
tribunal or there is to be special order IN this par
President is required to appear on this day to answer
and abide. Certainly that part OF the rule which
says ITO abide has reference to future proceedings
and the hnal result OF the case and 80 as we have
construed the rule that part Of 1t which relates to
answering has reference to a future proceeding.
We submit, therefore, as counsel for the President,
that the Interpretation which Is put upon the rule by
| the honorable members is not the correct one


Mr. WILSON, one OF the Managers, said:-Mr. Presi-
dent desire to say, In behalf OF the Managers that
we do not see how would be possible for the eighth
hs 20 a the
presentation Of articles Of Impeachment and the
ganizaton Of the Senate as hereinbefore provided,
tfpfo Qh0 fn Tho
said articles and notifying him to appear before the
| Senate upon day and at place to be fixed by the
to said articles of impeachment and to stand to and
abide such orders and judgments Of the Senate
the seryse ss s aS %
persoh or by attorney on the day 50 fixed therefor
as aforesaid or appearing shall fail to file his answer
| ceed, nevertheless as upon plea Of not guilty.


MI; SHERMAN moved that the day for answer be
Mr. BUTLER asked to be heard on behalf Of the
Managers, and asked why railroad speed should not
be used on this trial. He said railroads and tele-
and afected all the business Of life. He contended
that the rules and precedents Of ordinary courts were
danger resulted from delay In this case the neces
sty for prompt action was pressing. The respondent
the bar controlled the OF the nation and
1t for the injury and ruin Of the country. The
business Of the War Department would stop until
the result OF this trial was reached. The pulse OF the
nation beats In perturbation while the trial goes on
lie claimed that an earlier day should be fixed for
the defendants appearance and if then he can show
| that he has not had time to prepare grant
him the Indulgence OF further time. He said the dc.
fendant knew on the 22d OF February what ne would
| time for preparation than the managers. He re-
marked that It could not be said hereafter that the
/ SAYS they are so grave that he will need forty days
to prepare answer to them. The learned counsel,
| In the professional statement submitted to the
Senate refer to the cases OF Judge Chase and Judge
| Peck, and presume that in the examination Of the
records OF these cases the attention OF counsel was
directed the rules adopted by the Senate for the
government Of its action on the argument OF those
/ cases. BY reference to the rules adopted by the
| Senate for the trial Of Judge Peck we hnd that
| very material change has been made by the
Senate in the adoption OF the present rule. the


Sc Sra ID rule '1e prescpSng the and required


that q day to be fixed the respondent should then
and there appear and answer The same rule & was IS
these cases the words to which have called the atten


ton Of the SENATOR that he shall appear and ME his
appearing in person, he shall fail to file his answer


such articles the trial shall proceed nevertheless


President, that the change which has been made IN


the rules for the government Of this case must have
| been made for some good reason; what the reason
| may have been may be made subject OF discussion
in this case hereafter. But the change meets US on
the presentation OF this notion and we therefore 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 tins case may be
rule shall be sustained rule to govern the case,
or whether 1t shall be changed; but standing as a
| rule at this time, we ask for Its enforcement


| Mr. STANBERY said:-The action taken by the Man.
ayers Is so singular that In the whole course OF my
practice have not met with an example OF It. The
President OF the United States Mr.. Chief Justice is
| arraigned on impeachment by the House OF Repre-
sentatiyes-a case Of the greatest magnitude that we
II were case before police court TO he put through
| with railroad speed on the first day OF the trial.
calling on the trial this day They say-"We have
notified you to appear here to answer on


@s AS my aes learned o S


has said, you have used precisely the Language
that is used In q subpoena In chancery; bn.
chancery made his appearance he must appear will
his answer, ready to go on with the case and mus


enter our appearance; we state that ready u
answer; we do not wish the case to 90 by default


we want understandable time-nothing more
Consider that It is but few days since the Presden


was served with the summons that as yet all THU


are not present Yonr Honor s Will
ent, and one Of them, am sure, Is not In t9e city
pec.ed that Il was the Intention to bring on the trla
at this day Yet we Understand the gentlemen the
other side to say Read these rules according to heir
five here to answer to-day and to go witr ths
trial to-day then this is the day for the tai. Bu


VtH the day % appointed Tor the return ,SS S0cx
against the person impeached" SHOWING ., amnoI
the return day. and not r. tral day. The manager as
Isl S the T trial daS ne letter e We eighth rule t


answer or a without answer the court % shall e ente Te


@ o IA OF "not guilty" on the general issue ant


c.oceed at once But we say that this Is the return
day, and not the day Of trial. The tenth rule


says:-"fhe person impeached shall be then called
TO appear and answer" The defendant ap
| pears to answer states his willingness to


answer, and only asks time. The eleventh
| rule says ''at half-past twelve r. VI. Of
| the day appointed for the tria.r That is not this
| day. This day which the managers would make the


first day Of the trial. is In the senates own rule put


down for the return day, and there must be some ay


fixed for the trial to suit the convenience OF the par


ties, so that the letter Of one rule answers the


letter OF another rule But p ray Mr.. Chief Justice
IS IL not possible that under the circumstances we
are TO be caught In this trap Of the letter. As vet
there has not been time TO prepare an answer to q


single one OF these articles As yet the President has
been engaged In procuring his counsel, and all the
| time occupied with so much consultation AZ was
necessary 10 t the shortest time, when, In judg-
| ment, we will be ready 10 proceed with the trial
| Look back through the whole line OF impeachment
cases. In the worst times; 20 back TO the Star