The New York Herald Newspaper, April 2, 1868, Page 3

NEW YORK HERALD, THURSDAY; APRIL 2, 1868.-TRIPLE SHEET. 3 For this I do not vouch, giving It merely FPR, Teal of President Andrew Johnson for| "#4! of Proident Andrew Johnwon, fined thie General of the armies of the United States Charged ‘With High Crimes raored een at A - High Crimes and Misdemeanors. |. and Misdemeanors. Beet ata tl 5 ae ag, If ne ‘ih, "nt “rst ropoNe to \ . w duties to thal office. . Stanton has to pave, rf erg ners) the nda 7 ’ : : pra ge ‘CHANEER, saber pate yaow i hs ‘Sanagy eae tiatpe Now, en, the President Laew that Me, Stanton at the declarations i! Another Unsuccessful Effort to WASKINGTDN, ADH 1, 1808,” } uy Fe a Ser seestons ay, 7i1d thle oflcn tp superior tones. wanes | BF 5, Be n, of the Army, the latter had, in obedter behests of ‘the Seuate, restored it to Stanton had been reinstated in it in obedience to F E i ‘ The Senate met at twelve o'clock. A prayer was Snub the Chief Justice. offered by the Rev. James J. Kane, of Brooklyn, N. | s There they are; they are orders mado by the Prest- ; dent to two of hig subordinates; an order directing e | come ‘accoui Y. He aeked a blessing upon this:great court aasem- |! one of them to vacate his ofMfice and transfer the Digh behests of the Senate, Thus lie felrthar he was | was ca Livesipd the trial of the most momentous question pabile per ies pomerrion. to gnother party, rears | penitee than LA oe, I ha would pot Be As which has arisen during the existence of the nation, = take yiela on the of ist, 1867, except to tion i Protest Of the office and to act as tary of ad i | 31 force, di belie nt man oftice and disci H a Prepared by Butler Against the | me recoras of the past showing that lke crises | fertm,° Gentlemen docs thar makes conspiracy? Ila.| sobeaotted as'to, believe that'the Fresiient did not | ever the if Buling of the unrt on Tuesday, | ote sion nave nora owed by war ant | Hab eet onan mus See | leery ot Sau a'RN Sie At | Seneca ate 8 | $s tle ae i ‘4 at force’ rr. Stants ns b He prayed that God would avert the | president in such a sense as that the President would | sustained He vote of the Scnates he | the mode tout. We submit, then in the | of Gh ane en ttttcd an cae maa atiee ihe execawon by had seen that an attempt to remove him | first place, that tentions of General Thomas are rtain passed Was tlegal and unconstitutional, and then for the | immaterial, and that the President cannot be gdected Gurouance of sald cbubpiracy did unlawfully atierate Pere oo beinging this to issue the President of the | by them; secondly, if they were mater they iy prevent Edwin M. ton, then and there being i fol ites issued his order toGeneral Thomas, | Must be proved by sworn evidence, and not by | Seoretary for the Department of War, duly anpther oficcr of the army—“You will immediately | hearsay statements. The other Res, of | the inted and commissioned under the lawa of the ent eae discharge of the duties pertaining to | question agpeers to me to admit of a little Baivea States from holding said ofice, whereby i that office.” What then? He had come to the eon- | question. is posed to inquire of the | andrew Johnson, President of the United States, | after danger. Many in our border sought a pretext | be bound by anything he SN5 or. does even within to make the sword leap from its scabbard and | the scope of his agency? If it makes him his agent Additional Testimony for the | make tt arank with the biood of their fellows. | oot, ee et ot ey ee commanded 19 He asked that God might. turn to maught | d there an demand Prosecution. the counsel for the ungodly and the craftiness of the yecolve a transfer of the records of the department ? enemies of our country; to remember the blood that | 20es a see mee ap ae pernne e wie ont, > mean! has already been shed, as well as of our martyred tainly In the first piace, it must be either on President as of those who died in the field and hos- | the footing of a conspiracy between General Thomas AMUSING INCIDENTS OF THE TRi AL, pitals for their country, He eapecially prayed that | #24 the President, or on the foot of an agency, in the representatives of. the.people should be endowed i the Kae that the asolara nai Genera hah 4 a ce. clusion to violate a law and to take possession of the | Witness what was sald by General Thomas i War Olle. ‘He had sent the order 0 ‘Thoms and | directions or instructions given to him by the Shep and there, commit, and was of 8 / nee nan agreed with tum fo Soke, paseo, of aaa poss nts 6 naked ae ~ fs ‘an cited ‘ ‘office by some means, Thus we have the agree- Guthority of an agen’ y re agents sons flee 7 ment between two minds to do an unlawful act; and | declarations. The questien iswh the who bere — ore been appolhied ‘Oy and with 1 that I believe is the definition of conspimacy all over | £4ve instructions to General Thomas in regard to the | the advice and consent of the ite, and every per- the world. Let me repeat it:—You have the agreement peculiar manner or means by which this order was | son who shall thereafter be ted to any such between the President on his part to do what had be carried out. Upon its face the order is intelli- | omce and shall be duly goes to act therein, shall office until his successor { consenting to do it; and therefore pebarees serem i} meat of two minds to do ‘an unlawful act; and that, | threats, or intimidation of any kind. Now they pro- | qualified, that ts to may. “by and with the ps i j i Serre with wisdom and discretion; that the Executive be or ag agent, are Lo be given co-conspirator ‘Wasnineton, April, 1808, {| guided by wisdom, whether he remain President eae reenne anete bes pdr ap yn my ‘The impeachment trial Mnished its third formal | or not; that all his acta be marked by prudence and | evidence. [agree that when a conspiric; estab- session to-day, and was quite interesting, amusing | moderation; that his constitutional advisers be also | lished, or ae it is partially establish 5 ‘testim ven gud attractive, keeping up admirably the resem- | guided by the spirit of wisdom, as well as all those | testimony is given tending to prove it, and aneowe Xsay, makes @ conspiracy no fer a6 I understand the pose to superadd to this written order by means of | vice and consent, of Senate.” The act then { : oar make “4 pees t | the declarations of the agent himscif that hi ‘Presid Blance to a grand dramatic exhibifton which has | in authority over us; that the nation may be pre-| and 0 are wn Tine declarations Qiveriicess, under astloley rovenih Which allege Pericny: 4 to use threats, intimidation or ‘tonee, Ree tae setae of the Miche taoe ant seer uae, been noticed heretofore. There were “gay and | pared to receive the decision of this greatevent and | of one of the made while the | that “Andrew Johnson did unlawfully conspire and nolawer will say that that can be done, un- | but during the recess of the evidence conspiracy is with one Lorenao Thomas with intent unia less there is first laid the foundation for it tory to the showing that an officer is guilty of mi Grave, lively and’ severe,” splendidly mixed | abide by it; that an especial blessing may rest upon in process, and made in fur- ‘up, and the audience had’ the opportunity both | those who have the management of this trial, so | mernce,.of, Me conspiracy, DOL cued Oe oot to look solemn and to giggle’ mirthfully dur- | that the result may redound tothe honor and glory | conspirators and binds the others, Be, kop, 1 agree img the progress of the proceedings. The ultra | of God. that when an agency is established elther by parole Yadical desire to choke off the dignified Chief Justice At ten minutes past twelve o'clock the Sergeant-at- found vent again, but was dgain strangled by the | Arms of the Senate announced the Managers of the tend High Court voting down the choking business and | impeachment on the part of the House of Represen- Pee igs A ae agenay ace Bindin on @ustaining Mr. Chase. Mr, Sumner, who was the | tatives. All the Managers, except Mr, Stevéns, en- | there 1s anything like a conspiracy here?—where substitute for Mr. Drake in the choke off scheme to- | tered and took seats at the tables on the left side of } there 13 prook betwee! day, commenced operations immediately after the | the area, in front of the Secretary’s desk. Subse: | General Thomas and the President, in which the ‘ Teading of the minutes by endeavoring to have | quently Mr. Stevens came in and took hisseat. Tie | agent? Ido not admit that this letter of authority passed an “order” denying the right of Mr. | counsel for the President were already.seated at the | Constitutes such agency atall. Ido not admit that Chase to vote at all in the High Court | right hand side, ‘Then the Sergeant-at-Arms an- | {te President is bound by any declarations made by under any pretence whatever. Mr. Sumner was | nounced the House of Representatives of the United | of the President. But if hoe wane ir tl Rg summarily choked off himself, however, by the | States, who entered in pairs, headed by Mr. Wash- |,case of principal and agent, then I say that the letter Judges, or jurors, or whatever else they may be, | burne, (Ill.) Chairman of the Committee of the Whole, Pepe ta fee eatin: Wen nine Voting down the “order” by twenty-seven nays | attended by Mr. McPherson, the clerks and Mr. | here is to show that General Thomas declared that it against twenty-one ayes. This settled Sumner | Buxton, assistant doorkeeper, and closely followed | Was his intention and the intention of the President Pretty effectually, and he was obliged to bear his | by the Speaker, Mr. Dawes, Mr. Covode and Mr. 1 stents peeing oe Bir I defeat, albelt with no very good grace. Windom, who took theirseatson the chairs inthe | to his agent to go and take ion of a house in ©The ultra radicals seem determined to keep up a | front aisies. The members generally took their seats | the occupancy of another, does that authorize him Steady fire, but their artillery is not heavy enough to | in the chairs placed on the eastern and western Boer atestetateee commerce Cotes marries wiully to seize, take and possess the property of the United | by showing that the les were connected ther in the Department of War.” Then there ia | 94 co-conspirators, ee that if they could show a ignate person j another ground on which the testimony can stand, | Conspiracy between “the President ‘and General Gutles ai the case Bevsctea Sew thettente i and that is on the ground of principal and agent. Thomas to which these declarations relate, then the | and if the Senate shall concur in such sus: ' Let me examine that ground, if you please. He declaration of one of them ih reference to subject Penalon, ‘and advise and consent to the Hy claims that every Secretary, every Attorney General, | Matter of that conspiracy would be evidence agatnst removal of that officer, ft shall go notify to the every officer of this government lives by his will, them. Now, what is the case as it stands before you | President, who may thereupon remove such officer ‘ upon his breath only, are his servants only, and | 4nd as was asserted by the honorable M: r him- | and appoint another; but that if the Senate shail re- { responsible to him alone, not to the Senate or to | Self? He starts out with a proposition that the Presl- | fuse to concur such officer so appointed shall forth- or toeither branch of Congress; they are | dent in his answer has admitted his intention to re- | with resume the functions of his.oifice. The sixth jonsible to him, he appoints them to such oMce | Move Mr. Stanton from office, That, he says, was | section of the same act provides that every removal, as he chooses, and he claims this right illiinitably; | 8M Wegal intention; that, he says, was an in- | appointment or employment made contrary to the and Iie says, in his message to you of the 2d of | tention to carry out the act by means of the | provisions of this act shall be deemed to be a high } March, 1868, that if any one of hia Secretaries had | order given to General Thomas; and when the Presi. | misdemeanor. The conspiracy entered into here 4 said to him that he could not agree with him on the | dent, he says, gave that order to General | between these two parties was to prevent the exe- ; constitutionality of the act of March 2, 1867, he would | Thomas and General Thomas accepted it | cution of that law. This is so plain that no 1 have turned him out at once; all that had passed, | aud undertook to execute it, there was | man can mistake it; nor can the Prealdent in the it ‘Thomas kuew that as well as anybody else, Now, | 42 agreement between them to do an | presence of this tribunal, nor General Thomas either, j then, whatis the Secretary’s commission, whether | Illegal act. Well, what was the illegal act? We | sheiter himself by the intimation that it was a mill ad interim or permanent? It is that “he shall per- | Rave got what he called conspiracy to remove Mr. | tary order to a ‘ecumdietate military ofticer, 1 wish form and execute such duttes as from time to time | Stanton, and if that be contrary to the Tenure of | to show in the presence of the Senate that if that shall be enjoined upon him or entrusted to him by the | Office act that is an iegal act, I agree. Butis that | were so it would be competent fof the President of President of the United States agreeably to the | the illegal act which they are now undertaking to | the United States to shelter himself, or any of his constitution, relative to land and naval forces Ppl Is that the extent of the conspiracy which | subordinates, by issuinz a military order to-morrow, ' or to such other matters Tespecting the mili. | they are now undertaking to show? Nd; not atall. | directed to Adjutant General Thomas or any othes tary or naval forces as the President of | They are going altogether beyond that. They now | omcer of tne army of the United States, to disperse the United States shall to the Department;” | undertake to that the President conspired with | the Congress of the nation.» This is an afterthought. and that “the said principal ofticer shall couduct te | Thomas by lous threats or intimations to com- | It is no military order. It isa letter of authority business of such department as the President from | Mit @ totally distinct crime under the Conspiraey | wit th tute, and ailence the thunder of the Chief Justice and the con- | #ngles of the chambep. ea to read the journal | 1 he Principal to be made a criminal by theact of | tme to time shall ‘eierand aire” Thercture: hig | act. Yet they have shown only an agreement 10. Te- Dba reach ese ait Ke tier ee clap MA servative element of the court. of the pi gg ests Ther reading occu- | 2!8 agent, acting simply on the authority to take | commission 1s to do precisely as the President de- | move Mr. Stanton, and with the limit of the conspl- | cepted it and acted on it. The evidence was given u ‘Ainong the liicldents of the day particularly wor- | pied s quarter of an hour, Peaceable possession of a house by the con- | siresbim to do, anytl whieh pertains to the of- | racy as they call it, circumscribed within the inten- yesterday and was received without objections. It i fice, and he stands, then, as the agent of his princi- | tlon merely to remove Mr. Stanton, they now attempt too late now to make the objection. It {s perfectly pal—to do what? ‘What was Mr. Thomas authorized | to prove the assumption of a couspiracy | justifiable in this tribunal for me to say further here, to do by the President? It was to obtain the War | to remove him by force—that is, — with- | and to say it on my own honor, as one of the Man- F Ofice. Was he anthorized to do anything else that | Out having proved a conspiracy to remove | agers of the House, that we rely not simply on the He we hear of at that time? No. What do we propose | him without force, they ask leave to give in evidence | declarations of General Thomas to show the pu toshow? Having shown that he was authovized to | the declarations of these co-conspirators to show @ | of the accused to disregard its plain provisior take it; having shown that he agreed with the Presi- |, conspiracy to remove him with force. [respectfully | put we expect by the written confession dent to take it; having put in testimony that the | Submit that they must first show the conspiracy | the accused himself to show to this Senate two joined together in the pursuit of one | Which they themselves pretend they have given evi- | this day, or as soon thereafter as can be done, that it common objert--the President Wanting Thomas | dence of. As soon as they get to the limits of that | wag his declared determination in aay event to deny to get in, and Thomas wanting to get in, and both Souspirscy, of which they allege they have given some | the authority of the Senate. There was no intimation ' iis sent of the party in possession, or is the thy of notice was ths testimony of the witnesses, | “+ SUMNER OBJECTS TO THE CHIEF JUSTICE VOTING. | pring! to R bound” by the’ declaration Senator SuMNBR then rose and said: 43 agents” when. the v autiotiy “is in who gave some spice to the performance by | Mr. PResrpENt—I send to the chair an order in & Variety of unpremeditated humor, which at m- | the nature of @ correction of the journal, Bo eae fg ap argh Na re rl tervals threw the High Court considerably out i a pecues she paper to ho read. ity to > note, it that were tne Fale by watch we of its decorum. A naime was announced savoring e were vernt ‘at, Senators, has the Presl- It appearing on the of the journal of cong stfaly ofthe Toatons, Wich crested © confeion | of PPmaaeeneecvatnge oe fama crete tt | dont cons chat he tobedeld cer ab compro, @ opinions inthe high regions of the Reporters’ | Chief Justice, presiding on Use trie ot oe oeeeiimekw oY the | the President appoint General Thomas as his agent, Per whear cane sty of the Seastivnion of | in any individual matter of his, to take possession o as to its rendition orthographically. “Cars- | Senate such vote wi n,” exciaimed one; “Carnston,” shouted another; ‘the United Bates, an office whtch belgngs to him or to get ssion ing and Mme nity Menge to get in, the quey- | Proof, let them then show this totally different con- | given to the Senate of this intended interference, yet 31 On that question Senator SuMNER. asked for the | Of papers that are property Not atall. What is }- tion is by every rule of law, after we have shown the | Spitcy—namely, a conspiracy to turn out Mr. Stan- | The President grasped the power in his own hands 5 “No, it’s Cavstein,”’ said unotter, with a degree of | yeas and nays. The vole was taken and it resulted | thp nature of this order? It is in the customary form; | ucts, the declarations, however naked they may be, | ton by force. They must produce some evidence of | of repealing the law of the nation—of challenging the Gmphasis which seemed to satisty everybody. “Your | yeas 21, nays 27, a3 follows:— ral a the Geaenation i an gir eB pers of elther of these two partics, about the common ob- | that other conspiracy before they can use the de- | representatives of the nation to bring him to this bar , - ject—the very question we propose is, to ask the de- | Clarations of other parties as evidence against them. | to answer. And now When we attempt to pro; 4 clarations oi Thomas ‘abdut the. common object. | But, str, Ido not tink that this should be permitted. | wittrthe trial according to the Known and established 4 Now, the case does not, indeed, stop here, because | It ts an entire misconception of the relations between | rules of evidence in all courts of justice, we are met j we shall show thas he was then talking it the | these two parties of the Commander-in-Chief and the | by the ble and ingenuous (imore plausible and ; common object. We asked Mr. Burleigh if he wasa | Stbordinate officer, the one receiving an ler | more Foghanocs than sound) remarks of the learned | friend of Mr. ‘Thomas. He stid “Yes, «if | from the other. There is no evidence here tending | counsel for the accused, that the declarations of ong they were intimate?’ “Yes.? 1 have already toid | to prove any consptracy. The learned Manager (Mr. | co-conspirator cannot be given in evidence it 4 you that Burleigh was a friend of the President; that | Butler) has sald that an bs hearted between two per- | another as to. the mode of executing the cont rae ian ‘Tame?’ asked Mr. Butler, The redoubtable Delawa- ‘Yeas—Messrs. Cameron, Chandler, Cole, Conkling, Con- | oy, id | Yian, somewhat in a flutter in the presence of so large | yor! oy lg ws Sumaer, ‘iiyen aie? ties of Hig at! en 10 Presiden S fin assembly, made several efforts to articulate his | ten, Trum “ison. the only pathority which ives this res Is the patronymic, which rounded off in‘*Karsener.” Kar- | Davis; Dixon, Booty Eainunde, Ferry, Festondén, Fowler [pape crt hecoek euterdneue iter, + eéner’took the stand witha sort of mechanical bolt, relearn, ervey Eaten Picnon at” Poo: stances as the agent of the principal to carry out a ‘i ere reery, ‘ and, ateadying himself against the 1 son of Feen., Ross, Sherman, Vi Vick private enterprise or perform a private act? Cer- anes EE eT eee or tae | and Wiley 3. ban ae nates Tainly not. He at onco becomes the officer of the | he needed somebody to ald. in thie enterprise, | Sons to do an unlawful act is a conspiracy. Well, it | T state haps, a little more strongly tl iF 4 re an air | "go the order was rejected. law, liable ag a public officer to removal andim- | There was to be some moral support to | may be; but when the Commander-in-Chief gives an | counsel id but hat was exactly the siguificance of ‘ef bewllderment which seemed to fay, “Unac- THE TESTIMONY OBJECTED TO ON TUESDAY. hment, to tment and prosecution, for any- | the enterprise, and we propose to show that | order to # subordinate omicer to do an act, and the | these remarks. I would like to know whence he de- } pestomed as | ‘am to public speaking, I will try | The then read the folio form of ing that he does in violation of his duty. Are all | General Thomas was endeavoring to, get ‘one or two | Subordinate officer assents or gocs to do it, isthat | rives any such authority. A declaration made in the fo say somethi or nothing or » | question, ” ‘by Mr. Butler, one of the Man- | ‘he officers of the United States who have been a} members of the House of Representatives to support | done by’ agreement? Does tt derive its force and | execution of a conspiracy by co-conspirator is ad- F m9 oe aay ne to the” W. H. Burleigh, who was on ted in this way the agents of the President, | him in this enterprise, and was laying ont a pian, | character and operation from any ent be- | missile even as to the mode in which he would exo- y &*-paninfat’ sitence’ reigned, —_ particularly y rep Dy wer to ‘that it and that he asked him to f° with him Sud support tween them, any concurrence in their minds by je and carry out the common design. It is admis- painful to Karsener, who occupied these trying mo- | you had a ton with General Lo fn in the enterprise, and be there eiding wndabel- | Which the two parties agree tozcther to accony ot simply against himasit, bat, admisabie ‘with fumbling over @ sheet of foolseap on ‘on the evening of the 2ist of tate it he tng. That is the ly We propose to show, and | somet! wi wi that agreement, not co-conspirators, It is a mente Pp sald anything’ as to the means w! he intended to that ts the way we to connect him with the | be done’ it not as as day military . Rot to establish the original conspiracy, but to ‘the desk before him, stroking his beard, and, as the obtain, or xed. by the President to obtain, ent 5 9 e exnct condition of things. | obedience not co racy and cannot he con- intent and purpose of ‘the conspirators. ; silence grew more intense, rubbing his ear, until he of the War Department; state all that he Now the tion is, having shown the common | Spiracy? Is it not aa plain as day that it is the duty ‘conspt is complete whenever the arga- ie the climax of ‘a8 Rearly,a8 you can. r wi lawful or unlawful, makes no differ. | Of a subordinate officer when he receives an order tered into to. violate the law, no matter | capped by a, vigorous scratching of his } ®0) S20 anay, counsel for the President, objected ence; ‘a8 we contend, an unlawtul object, having | from his commanding oMfcer to execute that order? | whether an overt act can be committed afierwards ia eld pate with an index Anger of ponderous propor | +o tne question.’ shown that the act of the two parties was one thing; | General. Thomas obeyed the order of Lie Pres- | pursuance of it or not, but the overt act which are Mons and threatening to gouge out huge pieces of The Duet Justice was about to submit it to the having shown the agreement one with tne other | dent on pe of military obediers#. | committed afterwards by any one of the conspirators ‘While a Senate, when Senator ‘submitted the to do the act, can we not put in the deciaration of | Was that a racy ? aS aie Se no cach See, in pursuance of the conspiracy ig evidence against bis wcalp. je the uneasy “observed of all | Pome rt ~ Dh jy eg ri both parties “in regard to that act? Does | a3 a conspiracy. ‘between the Commander-in-Ch co-conspirators. That is precisely the ground om was at the wort his ex still “4 —e the of one become the act-of the other? the ate officer. He is not liable, for the | which rating was made yesterday by the presid-; ‘Do to this conver- not act and Why have not my learned friends obyected to what | fact is that the Commander-in-Chief issues the order | ing oMicer of the court; that is the ground on which ? va said to rid Stanton? The President was not | 8nd the subordinate oMcer obeys it. I therefore re- we atand to-day. 1 quite agree with the learned there ; Thomas was rot upon oath ; why did we put | spectfully submit that the honorable Managers have | counsel for the accused; but the declaration of in the act of Thomas there yesterday? It war ggy:use not only prt ote then a conspiracy to remove Mr. | pu to do some act independent of the original of what he was doing in relation to the thing ™=*.r, Stunton by force, but they have offered no evidence Hesken of the conspirators and to compat subsequent Mr, STANBERY—It was within the authority. to prove any conspiracy at all. It rests exactly where inacpraaeat crimes is evidence against no persom Mr. BUTLER—Oh, that was within the authority! | the written orders place it—an order from a superior | but himself. But how can the Senate judge of that How was it within the authority? It was within the oficer to an inferior officer, and an assertion by him | when not one word has dropped from the lips of the authority because the President had commanded him | 10 execute that order. It has been said by the Man- | witness as to how these conspirators were Foing. to to take possession. Now, then, we want to know the o in the course of bee grapes that If we took this | carry the conspiracy into eifect? General Thomas means by which he was to take . How | View of the case we ought to have objected to the | was in perfect accord with the accused was that to be done, and what was it to be | testimony of the declarations of General Thomas | as he entered on this duty. He did done with? They say—and only for the gravity of | Made when he went into the War an ga on | not act that day as Adjutant General; he acted the occasion I could not help thinking it a tremen- | Saturday, the 22d of February. We could not make | as Secretary of War ad interim. He also denomt. dous joke—they say you should call the other con- | au objection to testimony of what he then said ; that | nated himwelf such in the presence of the Secre- spirator on the threat of one conspirator to show | Was competent evidence. He was there in pursu- } tary. He declared he was Secretary of War in ac- the conspiracy. Was that ever done in any court? | ance of the order given to him by the Prest- | cordance with theauthority which he carried on hig r to turn king's witness or State's | dent; he was doing what the President authorized rson; and now we are to be told that, because he st_the other—was that ever done? | him to do—viz., delivering an order to Mr. not on trial at this tribunal, his declarations can- Soothiig’his unsettled nerves by a vigorous head sation between witness and General Thomas scratching, with an occasional slipping of » well | Willthe respondent! @eveloped hand through his sparse locks, Mr. Butler that if shag question was to Drought him to a sense of duty by opening nate the Managers would endeavor to answer it. thle iret gun. It was a plain, Nvieelieed oP) ee ee re Re told.” General ‘Thomas told him at the Presi- | Mi, Butler again rose en im egeeeien @ent’s levee how how he was “going to | would endeavor to answer the question submitted Yeiok that fellow out,” which he failed to do | by the Senator from New Jersey in the course of his ‘when brought in the presence of the savage monster | “Eonator ‘Tauusv.t called for the reading of the ofthe War Omice. The rustic son of Delaware en- bpp he oe rote wwe EE ae couraged the valiant Thomas in his marvellous ex- wi whether bition of prospective pluck by assuring him that | {te Managers proposed to answer that question Of | no has heretofore done it! ‘he eye of Delaware was upon him and to stand | Mr. BUTLER again rose aud said that if there was to Mr. BUTLER made an answer not heard by the re- rm. Elated at the fact that Delaware had an ae earoas it tee he would answer the question pro- | "yin “Sranpgny—You mean that you expect todo there was to be an argument on the part Stanton, he bel for that merely the e ~ eye upon him, the martial hero assured his | of counsel for the President, tey proposed, asa more | !t, Not that you have done. I understand Ce Never, sir! Mr. Butler here quoted from Roscoe's | Stanton, he being for pu rely the mes- | not be admitted as testimony; while the counsel himn- r to the question put the | Ci lel 390, , wens of the President; and having executed that 1 the text to show that if th — in answer to q P ry Criminal Evidence, p. 390, in order, he mine Ses ana to take > vay uemar the cedars self has read the text going ey friend. “‘he would stand as firm as,@ rock.” | convenient method, to answer question in the jd 4 course of their ‘and he couid that Senator, that he did expect to show a connection 2 nis very moment the teprsae Thomas | Surge acttnetanate wien, nae | etret ihe renten ant tone craton of @ors ~ bs ‘a pstiaiam 4 —— fe nem oan a = not! or he meant one thing and Maid anolier. I ; “rn geomc ome re nae i erin ig Jee = Aa agree that there are exceptions to the introduction of ‘state of mental indecision, a condition of indefinable joe pono pe py Bs oe Bg oa rape testimony in cases of conspiracy, and perhaps in mneasiness, poking his head in one door of the | reached the domain of law when we have to argue | C%es 0! cy, and that im extreme cases | Ladies’ Galleries, then seating himself for a few | no longer questious of mere form and modes of pro- | Where itt Impossible to, have, prolmunary, provt geconds on the back tier of. seats, and | Cedare, But Guomione sided by keoure ‘The ques. | Professional honor, is taken that ’the testimony then, as if he had’ forgotten something, | tion now, Mr. Chief Justice Senators, is whether | Ofered is intended to Ye ae to testimony to wards otfered; but is case we have shooting out to “tnri “up gain on the pre nem ome ten _— ees, heard pyhio why the ordinary rules should be @pposite side of the House among the gen- | iemselves or in Yastiony reasrin evidence aguins, | Violated, and why testimony which is prima facie tlemen, and by way of lversity peri- | the president. General Thomas is not on tral. Jt is | ‘admissible should Rapid in es J Odically peeping into the Reporters’ Gallery, as if to | the President, and the President alone, who ia on | & sae te ae Boon re, rept =} tee seman ‘Satisfy himself that all was right in that direction. 7 ———- rule? It is a matter of taste for the counsel to Karsener sald he had a friend whose name was | hie’ “itis” arguol that, the President’ was | &t the wrong cnd, and introdace what is clearly in- ‘Smich, hut not John Smith, who tived on the bank of | mot present on the evening of the 2ist of | Slmigible, aud vo ay + We h se ee ae Wee the historic Brandywine, This combination of fiuids | Fene"ny, “vere M Thomas made these deciara- | soch a thing as that ever heard.of? I repeat that ‘was received with rounds of laughter, and one | He had no opportumty of hearing them orof contra: | there may be extreme cases founded on the direct of the Board of Managers took a drink of | ducting them. If they are to be used against him | S8surance of counsel before @ court, where, the 2 . they miust be made by some person speaking for him | COUrt will allow testimony which ina yaacie in- water. To be definite, Smith lived on the east bank by authority. First of all, what foundatun is there admissible to be heard on the statement that the of the Brandywine. ‘The applause which greeted | sor the declarations of General Thomas to be given | COunse! would afterwards connect ft, I think it is evety burst of spontancous humor increased the | inevidence as w what he intended to do, or as to | hardly necessary for me to argue the question fur- show that they were not bound to put in all were intly indicted—as thev may be here- evidence at once, and that, from the acta and de- | Of course the President authorized him to demand | after, E pursuance of their judgment of this tri- clarations of the criminals themselves, they could | Possession, and he did demand possession, and that | bunal—these declarations would be clearly admis- rove the consytracy. He also read from 12 and was as much an act capabie of proof and | sipie. Lorenzo Thomas is not a civil odiccr of the Yheaton, p. P. and 470, the case of a slaver | Proper ee as any other act done inthe | government, and cannot be tmpeached. The power fitted out at Baltimore ‘for the West Indies, | Matter. Thereiore, we could have made no such ex- | of the House of Representatives canuot extend be- when the declaration of one of the prin- | ception or would have fallen within the range of | yond the President, Vice-Preside id otier civil. cipals was admitted im evidence to show the | any of the exceptions which we now take. The | onicers. To be sure Mr. Thomas to be a civil object of the voyage. It was ugreed that the object | leat Manager relies also upon certain authorities, | oficer, and he is one, if the President of the United in this case was to get the War Department at ail | Which he has produced in books. The first is a case | States has power, by this combination with aim, hazards, It was admitted in the answer that the | in Roscoe's Criminal Law, page 690, showing that ] to repeal the statutes and the constitution conspirators had been notified that Stanton wouid | Under some circumstances the co-conspiracy 7 this country. I have thus spoken of tuis question not deliver it except by force. They then set ont to | may be proved before the person on trial had joined | for the purpose of showing the significance and im- nd means. It would be shown that | the racy. I see no difficulty in that. The first portance which the counsel for tie accused attach to , onversation Thomas declared that tf he | thing ts to prove the eng oy A which is a separate | jt, It is not simply that they desire that this cestt- - arrested he would have used force, | nd independent fact. Now, in that case tue gov- | mony shal! be ruled out, but they desire to get io Were they then to be told that the President could | etnment undertook to show in the first place that | some shape a judgment on the part of tue Senate on do this and that, and that they could not put in what | there was a conspiracy, and had proved it by testi. | the main question, whether Andrew Johnson 1s the agent said while he was pursuing this matter? | Mony, as to the assembling together of a boa of euuity of @ crime, even though it be proved Suppose Thomas had ¢ to General Emory and men for the purpose of mill training, &c. Hav- | hereafter that his urpows was to defy eaid he wanted him to take this department by | ing proved the conspiracy, ea then gaveevidence | the final judgment of the Senate itseif an force, a8 no doubt he intended to do until he found | to show that the defendant subsequently joined | the authority of Jaw. 1 understand from the hand of the Jaw laid upon him. They expected | the conspiracy. That was all relevant and proper. | the intimation from one counsel that if this were a to show by these dceiarations, and to ieave | if the Managers will take the first step | conspiracy then the accepiance by General Grant of no doubt in the mind of any Senator, what | bere and in support of their articles undertake | the appointment of Secretary of War ad interim was this purpose was, He (Butler) thought there was no | to show by Ci caer et existing between | also u conspiracy. The Senate will see very cleariy doubt in the mind of any man what that purpose | te lent and General Thomas, then they may | that that does not follow. It involves a very was, ‘The learned counsel for the nent nad body Pow J evidence of the declarations of one or | diferent question, for the reason that the i said they had now got to a question of law fit to be th of them, and until they do I sabmit that they | Senate expressty authorizes the it . by lawyers to lawyers, implying thatall other | Cannot give such evidence. The case in second Car. | for reasons satisfactory to himself during the recess th the President had aathorized him todo? Ut rar maddie in Karsener’s mental operations, which he | What ~ ‘Mr, Stanbery having sat down, Mr. Burien roe | argued will be seen by the first article the offence charged ited ager) was a case of a joint Ser uspend the Seer f War and | ‘again attempted to gorrect by resorti rt. st Presid hat ended and asked that the usual rule ‘be enforced, that | questions argued before this high court have not | Tington (cited by the Man: was & of @ joint | of the Senate to suspend retary Of priv plows ‘ei aif a lethears anion, ee, guanion for ale Feo val addin thar * counsel In thaking their arguments should ite tho | Hoon ht to be argued, elther by we ta awrae | act of three persons falsely imprisoning a fourth. | to appoint a Secretary ad interim on tie conditions, : his hea ° J authorities on which the arguments rest It was for them to defend themselves against that | There was aconspiracy, there was a false imprison- | Nevertheless that he should within twenty days after ay mnent the immediate act done in pursu- | next session of the Seuate report his action, with the i sort of imputation. He had supposed the great ques. | MOM (IN oN Conspiracy, andthe court de- | evidence therefor, and ask the decision of the Senate, : ‘ tor te hs seme ee ayers, Hot oniy fit to be | Cited in that case that adeclaration made subsequent | he did so act. Tiere was no cuns} piragy in that ac. 4 5 us + id ” ty 4 ~ to the imprisonment, as to what were the intentions | tion of his, and it is not all mor Ay easton So e anes ore ‘he of one ofthe conspirators, might be given in evi- | recognize the obligation of the law, and di sormeye oflee, Dut one to be viewed In the | dence against the others. The case cited from the | guspend the Secretary of War, and did ap. 4 light of law, in'the light of jurispradence, by the | 12th Wheatou, wus one where the owner of @ ship | point a Secretary ad interim, and did within Senate of the United States, This was bot @case | havmg authorized the master to fit out the vessel as | twenty days thereafter report the facta to the Senate, : wilere the court might go one way and the jury | @ slaver, the declarations of the master were given | together with his reasons. |The Senate, in pursuance another, They were oul court and jury, and he | in evidence to show the object and | ant mag the | of the act, did pronounce judgment in the case of the $ held taat they should receive teatiinony in regard to | Voyage. Unquestionably tf he had made him om suspension, and did reverse the action of the Prest- all the acts and declarations of this Secretary ad agent Se cert) ce Co ae) bad iesesers dent. ot, henate nenibed, pire tnereot, aad wy we , is mt fo is acts tered ommb! {nrerim. In this view the Managers were fortunate, | TT 800 oie and what was the act that was given | {he action of the Senate, overthrow the majesty of td cunts, or counsel oaked {oF the reading of the | in evidence? It was ap attempt to engage 4 person | the law, and now, wien wo bring his co-conspiratore it. Generai Thomas was authorized to receive the trans- = E The whole entertainment gave great satisfaction, fer of the 4, records, papers and property of the The aly the te “a remarked that that was un- </ doubdi ‘and with this fresh life infused into the play tickets | department. Now, the oijence laid tu that article is er Staxweny said:—Mr. Chief Justice, we will to the show are to-night in great demand. not as to anything that was done under the order, liow this question to stand without citing author! It ts suggested by one of the Board of Managers of | NOt a8 to any animus, Oe Ae A = tie, ; . a wr Saat K - m1 e neh Mr. BurLEr then rose and saift:—Mr. Presi erat ear the Moved. fe ester coe (rasemen of the Caen. char see Senators, the gravity of the qnestion presented to the Pany, a6 the beavy men have thus far shown them. | rst article. Now what ig the second? It is that on | Ccnate ror its decision has Induced the President's selves Very light, and a little honest humor, it is | te same day, the Zin of Releaery. cmeral Thomas; | counsel to argue at length, knowing that largely on ' thought, will go far to Keep up full houses. Gnd the gravainen there is the issuing of that letwer | Mat question and on the testimony to be aduucest Notwithstanding the delay occasioned in the im- | Of authority; not anything done uudler it. | What Pee on orent must stand, It isthe great ques- Peachment trial: by the objections interposed by the | PEXtE dey wud charges the Iseuing Of It to, fetter | tion, and therefore I must axk the attention of the } counsel for the President in the testimony of | offence intended to acertain act. Then we | Senate and of the precios, ont pg Mr. Burleigh, the prosecution still feet confident of | come to the fourth article, which charges a con- | May, to some, cont - the voyage in a subordinate position, In | into court on the written letter of authority issued in r, ri throt t spiricy. Benators will observe that in the first tree | Gctermine it. But before 1 do, that t Dag leave to | question. % 10 Ho on ir that attempt the master stated to him | uirect F tion of the law while tie Senate carrying the case ugh within the time fixed as is state the exact status of the case up to the point at | ‘The Secretary read as follows:— } articles the offence charged is issuing certain orders | Wiicn the question Is propounded, and I may say, what the character and purpose of the voyage were, | was in sesaion, we are met with the objection the limit. They think that they will have entirely | in violation either of the constitution or of the act | Witte cles py BR ry ine Prost. You sald yesterday in anaywer to my question that yon had.» | so that case falls within the lines of the authorities | that the declarations of the co-conspirators ‘ finished the examination of witnesses on their part | called “the Tenure of Office act,” But by the fourth | Tot °thar in making the objection they have entirely | {or Jist or Februnty lasts Blaie if heenld angthing by whion | and principles on which we rest. We submit, there- | cannot be put in evidence against the i dy the end of the week. It 1s understood that | stticle the Managers of | the House proceed | icicted the answer of the President. It last, Bate 1 he anid anuining i winch | fore, to the senate that neither of these questions | |" beg leave to say that I believe it will Mr. ‘Stanbery will to charge us wich om ly NeW offence against | \ored the anawer ihe. 12th of August test the | tain, possession of the War Department. If #0, stale all that | should be allowed to be put to the witness, of Qught | turn out that there will be enough in, this conversa, . Stanbery wi then lead off on the de-|@ totally different statute, and that is a President conceived the idea of removing Edwin | he said as nearly as you can. to say that the statement by the hi le | tion between Burleigh and Thomas to show to the fence, and the examination of wtnesses .witt | conspitacy between General Thomas and | the | yi “ctanton from the office of Secretary of War at all | Ne GuRTis—Mr. Chief Justice, tt will be observed | Manager | that | the | anawer the President | satisfaction of the Senators that Thomas did not follow. This, it is thought, will require the | President, and otuer persone unknown, vy force | hazards, claiming the right and power to do so | that this question contains two distinct branches. | admits | his intention to remove Mr. Stanton | simply desire to acquaint Burleigh of how this con- ; a neat in one articte an in in another to en- nat the provisions of the act known as the | ‘The first inquires of the witness as to the deciara- | from oftce Megally, and at all is | spiracy between himself and Johnson was to be exe- ‘whole next week. The prosecution, in order | deavor to prevent ir. Stanton from holding the offtce er Tenure of OMice act.” Therefore the decision | tions of General Thomas respecting his own intent; | not so. The honorable Manager is mistaken if he | cuted, but that, Folying 0B his personal friendship, to preclude any unnecessary protraction of | of Becretary of War; and that in pursuance of that } Gr ine question in one of its aspects will decide the | the second inquires of the witness for dectarations of | hias so read the answer, The answer distinctly says | he desired Burleigh to be present on that occasion. ; the case by an indefinite examination of witnesses | COMsPITAcy certain ‘acts were done which are not | Feat question here at iasue at this hour, which is, | General Thomas respecting instructions given nim | in the frst place that the President believed, after | J think | have sai all that Ie beceseaty, fo gay, } this side, have resol hamed, with intent to violate the Conspiracy act of | freat question here af lasue as thle hour, whied is, | Dott president, Now, in telerence to the frst | the gravest consideration, that Mr. Stanton’s case | jeave the question to the decision of the Seu } on this side, have resolved to admit a great deal, by | July Si, 1861. ‘These are the only charges which | Congress, vaild and not to be by the act of | branch—thatis, the independent intent of General | was not within the Tenure of Office act, and the | perfectly assured that the Senate will hear first an 4 which course they expect to avoid the sending for | have atly relevancy to the question now pending. {| SovGxecutive omicer? Because if that is a law, | Thomas himself—t am not aware that that subject | answer further says that he never wathorized General | decide afterwards. Tt certainiy is very competent fo : Persons at a distance. Heed not refer to the other artices in walch the | tien the President admits that he undertook | matter is anywhere in tssue. General Thomas ts not | Thomas to omploy threats, force or intimidation. If | the Senate, as it is competent for any other court of t From the importance given py the defence to offences charged agai arise out of | [07 nove Mr. Stanton in violation of that | on trial. It is the President who is on trial. It 1s his | the honorable Mabager Is to refer to the answer as | justice in the trial of cases where questions of doubt t y lence to the | his relations to General Emory, his speeches made at | jay "ang that he issued the order | Intent or purpore, his directions, the unlaw- | an evidence for one purpose he must take it as it ise to hear the evidence, and afterwards, as the $ testimony of the witness from Delaware, the Board of | the Executive Mansion in Auguet, 1:99, at Cleveland | 14 General ‘Yhomas for that purpose, and that pur. | ful means which’ he is charged with hav. | stands, Senators are judges of the law and of the fuct, they i Managers appear to be of the opinton that the argu. | 0M the sd of a aS . St. Louis on the se only. His palliation is that he did so to m: in adopted ‘and endeavored to carry into | Mr. BINGHAM, one of the Managers, next rose to may dismiss 80 much of it as is found incompent. : it ny the charge of conspiracy will be based ow th hoe at proet bas yes judicial case; but he intended to issue the order to effect, which constitute the criminality of these | makean taped ee nnn le tel gene insist upon it that there Is no particle of the jaw op ment agai ge been made under these first tela articles? Theproof | General Thomas, and General Thomas was to act | charges which related to this subject ; and therefore | Justice, opening remarks were entirely inaud- | which thts testimony can be now excluded, t fn a great measure upon this testimony. In view of | 18 simply, so far as this question Is I the | Under it in violation of the provisions of that act. | it seems to me that Itis @ sumicient otjection to the | able in the reporters . Further on he said: | senator JouNgon sent to the Secretary @ slip of thie fact this witness was directed by the prosecution | production in evidence of the order removing Mt. | Ara 1 not right on this lion? ‘That being so, | first part of this question. that 1t relates to # subject | I have listened with due attention to the learned | paper, which was rend, as follows to await the further orders of the court. a A] ak for — then we have the President on his side intending to | matter wholly immaterial in this case, in regard to | counsel who have argued in suj the oi ‘The honorable Managers aro requested to say whether evt- i we have him, th which the most legitimate evidence which could be | tion. Admitting their premises. it would be but just Her will be produced to show that the President violate the law, an ave him, then, issuing Jegi ‘ei dence P Lest evening General Butler drew up & protest an the “order in ‘violation of that law. We | adduced ought in no manner to affect the case of the | to them and Just to myself to say that their con- | perore the time when the declarations of Thomas, which fey { 4 against the ruling of Chief Justico Chase and the have him, then, calling to his aid, in viola- because the President ts not ch here | clusions follow; ae ‘There is FIORE Re PTaTe, were Tae escent tation it pevesse- action of the Senate in sustaining him therein. It tion of that law, an officer of the army. Now, | with any ill intentions or illegal Intentions of General ia the record to Ce deny Pe Sreaent had knowledge that such y then, in the Night of, tha what is the next thing | Thomas; bat he is charged here with reference to | here for the purpose this question that | 7; of, second, steum orade and had approved of thei. ‘was his inteation to present it to the court to-day, we find? We find nat ti ie issued an | his own illegal intentions and views solely, for with | we are ae pambeen ‘said by the learned ‘on behalf of the Managers, sald:—1 } but at a meeting of the Managers, whereat the whole order to General Thomas to boy gegen bh the | them alone can he be chai + and therefore Ire- | counsel for the it, to the article which Leh ney *haljclates, and 1 am ia qeenton was elaoraey ggg’, tran inout War Depa Sounel aay tate nora in| pre fuly eby rhtTomice a ha ran | SUSE a co sre au Keane w. | tn tum, tomas case ot du ao " case, In- Dest not to present It. taeain earmarks avout that order watch snow that | dependent of theevidencs, the Intentions of General | fore the Senate which Justifes the assumption, that To make arigwer to ao general quostion as thal, aid : The conduct of the Iystice is looked upon it is not in the usual form. ‘the words of im- | Thomas, aside from instructions given to him or views | the Senate is to be restricted in the ‘of this | it will certainly occur aw | ‘98 unfortunate perarive command. Tt is not “You are authorized | communicated to him by the President himself, | question to the other articles which, that this | not do jt. tne but Mr. by his friends am well as the &nd empowered to take ‘of the War De- | is utterly ‘and ought not to be allowed to Poy A be executed or intimi- Mr. EVARTs rose to > ‘hes line rae Who, at @ consultation yeaterday, voted partinent,” &c.; bat is “fou wilt fi enter ‘whether com, it or | dation; is ‘ing in the nee pawnae a the geese, een aie tl against sustaining him. ‘There is ¢ manifest desire Upon the discharge of the, duties Whled Justises tne | ng oe counsel for the ‘ied expirud, ; ; Gia Weal Ca tinaeh cae tartan aieonges ne, appears. in this case beyond a %0 been 10 | nnd that the right ro close the ay with the : it Is, without any further attempte cavil, and that is that the 4 mt) remarked that eth So create, woes Jenerdag threatens to be 6 certons me ¥ ot i} =] 2 that in article OR ty timo, and the t bd A) Atpe | Breach. It watated by the friends of the Unief Justice 1ath of At 2 & Ap 'auegation of | made e Hmit as to te persons who might address i i that he regrets the occurrence of yesterday, and that bo will not be likely again to place himself in such 8