Year: 1868

The Court was openedin due form, and the Man
ayers and Members OF the House having been announced
took their places Messrs Stevens and Williams were ab
sent at the opening but appeared shortly aferwaTd MT
stanbery was also absent After the Journal had been
read the ChieJustce stated the question to be on the
order which submitted by Senator Sumner yesterday
which read, as follows;


ordG the motion Of the Nanages under ne


~ ss1 na counsel print file arguments
a. any arguments Of the closing Manager


Senator EDMUNDS-I move to amend the order so that
IT win read MAY print and file arguments at any time
Aefore the argument of the opening Manager shall be
concluded in that the counsel for the defense may
BEE IL and reply tolt .,...


Senator SUMNER have no objection 10 thaL


The order as amended was read.


Mr.. EvARTs-Mr. ChiefJustce, may be allowed 70
Ask duestlonf The amendment offered and accepted
ments 70 be fled on the the part Of the the Managers;


Mr.. EVARTs lin louder tonel-The restriction pro
posed be placed this liberty by the amendment
puts the matter on aproper basis suppose or regards
the printed briefs that may be put in on the part OF te
Managers-that s that they shall be hed before we make
our reply ON our part 1t would be proper that should
have the opportunity TO hle tne brel at any e oeloe
the closing Manager makes his reply SO that We may
have opportunity Of replying In our brief TO that OF


MT BINGHAM-Mr. President. desire to say that It
would seem that the order is made it is suggested
that additional arguments made by the counsel IN behalf
f tho President filed until the close OF the
arguments made orally to the Senate The managers OF
behalf Of the people To1d 6sEe nay b mo abste 10 sop
whether right to give the counsel for the President
opportunity 10 review ana 10 lepy 10 the
OF the counsel for the people before argument what
ever may be filed here on behalf OF the President.


Mr. EVARTS-UndOubtedly there are inconvenience
I'm this enlargement OF the rule, however applied Dut
there seems to prOprety in requiring the Managers
20 file her arguments before the reply OF the counsel 0r
enc President The rule would be applied 10 us tDa
Dy the present amendment would be applied 10 the Man
nc theirs except at the very moment that they close
their oral argument and then We are oDgeu
oral argument =,


Mr. NELSON after making some remarks in an maud
bic tone until admonshed by Senators TO speak louder
proceeded follows In consequence OF the nnputaoh


made by the Managers desired unnecessarily 10
the of the court those OF us VINO undeT
this arrangement intended 20 the case did
not intend either ourselves by Others 10 make any
application the senate for an enlargement OF the rule
but that application has been made on the part OF
the Managers desire 70 70 the Senate that III we are
permitted to argue at ALL think IL would be more tar 10
the counsel who did not expect TO argue the case
70 permit us To make an extemporaneOus argument pc
the Senate We have not made any preparation III
view Of the written arguments whatever; We suppose
that the Managers the part Of the House, who have
had this subject before them for much longer period
than have more familiar with II, ana are Deter
prepared make written arguments; 90 that II this rule
be extended respectfully ask the Senate 10 allow us
20 address the Senate in such mode elther oral or W
ten, desire do not expect 70 be able 10 interest
the Senate much as the learned gentleman to whom
ihc cement O the has hitherto Deen connded
the part OF the President and nave practlced my
profession the town Of his dOmicie for the last 30
IN his behalf fully with him IN the lead
tng OF his ADMINISTRATION desire, II may Dc
heard at all 10 be heard III the manner which nave suB
gested


senator CONNEss made motion in writing TO strike
out all after the word ordered" and insert the following
rs a substitute:


t rule shs be amended 80 Az 10 allow AS many Of the
Managers .sS q cohsse I & President peh The sna


e' a. shS choose 70 do provided that than four days
each e ths be allowed bat the AaEge shall make the opening


Senator DRAKE called for the Yeas and Nays and the
hal n