Year: 1868

Vi tuob piOpoS'AU0, BlkQ6u Dy the COuU6el.


motion OF kr. Boutwell,, OF the Managers.


i, senator n SUMNER lrep) Of Mass lmisunderstand-
inquire II the honorable Managers on the part OF the
House desire to be heard.


The CHEF JUSTICE explained the question to be on
then put and agreed to.


The sECRErARY read the application Of the counsel
Senate OF the United States sitting Court OF Inn
peacnment" 1t represents that after the replcatlon
anS saa REQUIRE not s
than thirty days for preparation for the trial. (Sgned
by the counsel for the President.l


Mr.. HOwARD-Ifi 1t be in order move that that ap-
plcatton lie the table until the replication Of the
House OF Representatives has been fled


takes erect II il be the pleasure Of the Senate tSe
Managers are ready to consider the application now.
The CHIEF JUSTICE was stating the question to be
on the motion Of Senator Howard when


Mr.. HOWARD withdrew the motion.


Mr. LOGAN, OF the Managers, objected to the appli-
cation as not containing any reason to justify the
to force 1t on with unnecessary rapdty but because
such reasons should be given in application for time
had merely asked an opportunity to prepare them
Selves They had and would have, during the trial,
an equal opportunity with the Managers for prepara
ton. The application did not state that any mate
rial witnesses could not be procured or that time
for their procurement was required before the COM
facts OF the appointments, &C., charged in the first
article They were within the knowledge of the
President, who, being charged by these articles with
s' asys St. stated 9 s0 On 0' S Of Judges Judges
ana in e other neck souaes sSen % appcaons ens
were accompanied with reasons for asking delay,
such as necessary witnesses records, &C., at.a dis
tance, the examination Of decisions &C., and were
sworn to by the respondent to the articles of mpeac
ment. The learned counsel on the other side had,
doubtless examined the authorities on such trials
and knew that these things were requisite on an ap
plication for q continuance OF case in court OF
law. Because OF the absence OF q witness 1t was
usual to state on ailldavt what It was expected to
prove by the witness and his residence that he could
e tse cod at certain n e and S
other 9TH with Witness u In this application none of these
requlrementswere complied with. 1t simply asked
time to prepare for the trial OF this causethat is,
time to examine authorities, to prepare arguments,
and for naught else. Time should not be given in
this than In any other case unless for good cause
shown as provided by the order Of the Senate. Show
ing cause meant that necessity should be shown for
the continuance of the trial. He reminded them that In
the trial OF Judge Chase an application had been
proved to be necessary to try the whole cause. In
the trial OF queen Caroline, Of England, in answer
to an application for time to procure witnesses, &C.,
which was granted merely out Of courtesy to the
Queen, the Attorney General protested against its
becoming precedent in the trial OF future cases.
He Mr. Logan) insisted that no more time should be
given in this case than Is absolutely necessary to try
the cause, since no necessity for an extension had
been shown whereby the court could Judge of its
materiality. II it was granted there would probably
be at the end Of that time application for twenty
or thirty days more for the purpose OF procuring wit
neSseS living in Sitka or some other remote part OF the
country. He would say-whether 1t was considered
proper or not-that no more time should be granted
In the trial OF the President than in the trial OF the
poorest man that lives They were amenabe to the
same laws and subject to the same rules. The Mana
gers had accused the President OF Intentionally OBJ
structng the laws and other serious offences which,
II true showed that 1t was dangerous for him to re-
main the Chief Magistrate Of this nation, and, there
fore, time should not be given unless sufficient
sons were shown To the allegation that time would
be given to an ordinary criminal he would say that
the Managers considered the President criminal
and had so charged, but the counsel had not, as
required In the case OF ordinary criminals shown rea
sons for the delay Mr. Logan reiterated and enlarged
upon the view that the nature OF the crime charged
was such that DELAY was dangerous The Managers
were here to enter their protest against any extension
Of time whether after the nling Of their replication
tomorrow at one O'Clock, mt which time they would
ask leave to state their case to the Senate and follow
II up with their evidence the other side following
with theirs. He asked that the Senate, sitting as
Court OF Impeachment, examine carefully whether
or not any facts were shown to justify this appca-
tion and whether due diligence had been employed
In procuring witnesses and getting ready Tor trial.
They protested against such an application being
made without even an affidavit 10 support 1t.


Mr.. EvARTs denied that because courts other than
those called for special purpose and with limited
authority have established regulations bearing upon
ton, having estsbisned terms Of court and weli re-
cognized and understood habits in the conduct OF
judicial action that should influence the proceedings
OF this body The time had not arrived for the cOu-
sci for the accused TO consider what issues had to be
prepared on their side and they felt occasion to





the cognizanee OF the court Obedien said he TO the
orders OF the court, observan suppose, at all
times to be of that public necessity and duty which
require on the part Of the President of the United
States and his counsel, not less than on the part OF
the House OF Representatives and its Managers, that
diligence should be used ana that We, as counsel,
should be Withdrawn from all other professional or
personal avocatons and yet we cannot recognize in
the presence OF this court that IL Is answer to an
application for reasonable time to consider and
prepare, to subpoena and produce, in all
things to arrange, and In all things to be
trial, with great respect TO the honorable Man.
ayers in this great procedure do we esteem il sul
cient answer to our desire TO be relieved from undue
pressure OF haste upon our part that equal pressure
OF haste may have been entaied upon them. Mr..
Evarts proceeded TO say that the ability OF the
sci to proceed with the trial not to bc measured
by that OF the Managers. The latter have the power
and have exercised II for considerable period, Of
summoning witnesses and calling for papers,
attention and respect to the statement Of
counsel they would see that q very con-
siderable range OF subjects and practical consdera
tons could be presented TO their attention and iudg
ment. They were placed in the condition of de-
fendant who upon an issue joined desired time to
prepare for trial. in which the ordinary course was AS
matter OF absolute, universal custom, 10 allow "a
continuance. They asked no more time than in
the interests OF justice and duty should be
given TO the poorest man In the country. Measures
OF justice and duty had no respect to poverty sta
ton whatever II on the part Of the Managers OF the
accused from any proper delay for the pro-
duction 0f q witness was required II would be the
duty Of the court to take 1t into consideration and





general habit OF all courts II after issue joined they
were not allowed reasonable time before they were
called upon TO proceed with the case.


Mr.. WILSON, Of the Managers, said the Managers
had determined that so far as was In their power
this case should not be taken out OF the line of prece
dent, and would therefore resist all applications for
unreasonable delay and they have prepared TO meet
the question now The first step taken by the re-
spondent's counsel on the 18th inst. was 10 appeal
for time to answer the charges quoting the prece-
dents on the trial OF Judge Chase. On the return
day OF the summons he appeared and applied
for time TO answer, coupling with it a
request for time to prepare for trial,
which he supported with solemn AFFIDAVIT that he
could not be prepared sooner than the 9th OF the
ceeding March, and therefore asked for time until
the commencement OF the next session Of Congress.
The application was denied and he was required 70
answer the 4th Of February succeeding and five
days before the expiration Of the time declared by
him TO be necessary, the case was concluded 10y an
acquittal, complete had been the prepare tions.
In the case OF Judge Peck he appeared on the return
day, three days after the service of summons,
and applied for and was granted time to answer
In this case, however, notwithstanding the rule o
the Senate requiring the filing Of the answer then,
they met with application for forty DAYS