Year: 1868

President be permitted TO speak on the hns argument





Senator Sberman's amendment was to add to the
order the following:-"But any additional time
allowed by this order to each side shall not exceed


Mr.. BOUTWELL,, one of the Managers, rose and
said:-Mr. Chief Justice and Senator's, should not
have arisen to speak on this occasion had it been
for the qualification made by the honorable senator
from New Jersey. ask the Senator to consider that
m s to- s @ Up by
two Managers on the part OF the House.; that then
the counsel for the respondent argued the case for
the respondent by two OF their number, and that
then the case was closed on the part OF the House OF
Representatives by two arguments made by the
Managers. ! ask the Senate TO consider That In the
trial or Judge Chase the argument on the part
of the House OF Representatives and the people OF
the United states was closed by three Managers s
arguments In behalf OF the respondent had been
closed also ask the Senate to consider that In the
trial OF Judge Prescott, In Massachusetts-which
venture to say In this presence Of the most
ably conducted trials In the history OF Impeachments
either in this country Great Britain; the part OF
the Managers assisted by Chief Justice Shaw the
part of the respondent by Mr.. Webser-that two ar
guments were made by the Managers OF the House
OF Representatives and the part Of the people OF
the Commonwealth after the case OF the respondent
had been absolutely closed both upon the evidence
and upon the arguments. think the matter needs
no further illustration to satisfy this tribunal that
the Of the people, the OF the House OF Rep
resentatives, II this trial IL TO be opened to full
debate by gentlemen who represent the respondent
here ought not TO be left after the close Of the re-
sponden to single counsel on the part OF the House
OF Representatives


Mr.. srASBERY, OF counsel for the President, rose
and said that the counsel for the President neither
asked nor refused the order proposed They had no
objection to all seven OF the Managers on the other
side arguing the case; but he understood the amend
ment OF the Senator from Ohio to FIX mit whereas
in the rule the time allowed for the closing up was
unlimited The rule only spoke Of the number OF the
counse, not OF the time they should occupy. He de-
sired TO call the attention Of the Senate to the
amendment, so that there might be no misunder-
standing. He hoped that not one OF the counsel for
the President had any idea OF lengthenng out the
trial. He spoke as one competent to know and he
knew that when the counsel were through they
would stop and would only take as much time as
they needed. They knew that II they went beyond
that they would not have the attention OF
the Senate. lie could say that he spoke for
his associates In saying they would not take
moment longer I'm the case than they considered
necessary. They would take every moment that was
necessary, but not moment that was unnecessary.


lie referred to the fact that In the supreme Court OF
the United states, when arguments are limited TO two
hours that limit is frequently In important cases re-
moved, and he mentioned one case where he himself
had spoken for two days. If counsel were limited
TO an exact time they would generally be em-
barrassed. because they were looking continually
at the clock instead of their case and were AFRAID TO
begin an argument for fear they would exhaust too
much time upon IL and he cut or from the more I'M
rOrtant matters in the case. In conclusion he
begged ,be senate no; 10 limit The time OF counsel.