New-York tribune., 1868-04-11

which may be called the conspiracy articles because
dent and Gen. Thomas. There are four OF them-the
fourth nth sixth and seventh as tney stand; st aGe
which found In the l2h volume OF Statutes at large
page 2si The fifth and seventh found under no act
they refer to law by which the acts charged are made
unlawful. The acts charged are called unlawful,
but there IL no law referred to and no case
male by the articles within any law Of the
United States and therefore, shall treat these articles
the Fourth and SIXTH and tho Fifth and seventhto
getber, because Ihnk they belong in that order The
spiracy Act II state the substance
Of the law in order that may see whether II can have
the Sst Of July 1884, aud Is entitled An act TO define
ard punish certain consprsees II epSets that two
United states shall conpre together 10 overthrow or put
down. or destroy by force the NJ oi e Ten
pose by force the authority Of the Government OF the
execution Of any law Of the United states ~ force
seize take or possess any property OF the United
United States, by Intimidation threat to
prevent any person from occupying or holding any
United States ihey shall be deemed guilty Of conspiracy
The fourth and sixth articles contain allegations that the
intimidation and threats prevent Mr. Stanton from
continuing hold the office OF Secretary for the Depart
Of War; andalso that they consprcd together by
force to obtain Of property 6eIonEog 10 inc
pose designed TO be drawn under TINS act ana those
the allegations which are intended to be sustained by
law TO any bearing whatsoever upon TINS case Is one OF
the most extraordinary attempts ever made In the nrt
the President OF the United States or to any act which
he might do In the course OF the execution OF
70 any man or anything IN the District of Columbia at
all the words OF the act that II two or more persons
within the District OF Columbia sha do and Now
this is highly penal law, and an Indictment charging
would undertake to say be ON se
Columbia. We not, however standing on that point
which is technical point, nor do refer TO 1t with any
s1ich but let Wlat ~ tnls case Inc
President is OF opinion that Mr. stanton holds the once
OF Secretary OF War at his pleasure He thinks FIRST be-
cause Mr. Stanton s not provided for In the Tenureof
Office act aud that no tenure OF once Is secured 10 MIN
He thinks second because he believes that would be
udclay decided the question could be raised that the
law deprived him OF the power OF removing an oeer a
opinion that IA this case he cannOt allow this officer TO
continue to act ms adviser and his agent 20 execute
the laws n he has the power remove him Under these
circumstances gives this order 10 Gen. Thomas Now
don't view this purely military order The service
senators viii observe that the person gave the order
is Commander OF the army that the person 70
whom the order given Is the AdJuta General OF the
army that the subject matter OF the order relates 70 he
performance ol service eson.a S ~ vitS A on & @ an ~
service and therefore when suen an order was gwen py
the CommandernChef 10 the AdJutantGenera respect
ing subject Of THIS KIND Is y 100 mSea 10 say y I 'nere
the strength OF the service do not mean TO say
would EaTe been subject 20 coSrMartia for dsobeyns
&C. but DO that the AdjuantGenera OF the Army or
bound to accept the appointment, unless he or knew
thai Il unlawful do not know how the fact is but
distinguished General Of the Army OF the Urited states
on 9eeaiSn 20 and mtv sn as tbas
have alluded TO. And now, why Is 1t to DO at
70 oyeTSbroy The laws OF tle country when he simply
aid what the General OF the Army had done before
TsS case "a M gs in SSq % eSS 3
conspiracy. suppose one OF YOU has claim, which Ire
b. Go TO C. D who Is in possession OF i6s'
property deliver TO him this order to get possession
that that waS consplraeyi Does not every lawyer
know that the monent you Introduce into any transac'
Of this nd the element OF clam Of right every GRIM
na intention This case of public duty Of
pon Interpretation q the law which had been given
20 II by no lHwnahers themselves; How tAen,
States. under such circumstances, he looked upon
by anybody as guilty OF conspiracy undo
between the President and GEN Thomas was to employ
force, threats. intlmidaons What they prove against
that and that alone. Now, the face of these orders
,nse 4 tho e ff that ' tat
use force threats intimidation. The order IL 10 MT
Thoaa 10 receive poseson from Mr. stanton when de
hvered up. No force is assigned TO hm No authority
There IS not only express authority, but there no
implication authority to apply for or obtain or use
shall prove that the President from the first. had
indicated simply desire 20 test the question OF law;
We shall show what advice the President received
this subject, what views he entertained what views
his counsel and advisers enteraned Dnt 81 & cVufss @
Tho evidence must be first adduced, and then II VIII be
m a
cleS viii require very little observation from because
they make now allegations Of fact which are not In
The only distinction between them and the Others being
that they are founded upon tho Conspiracy act OF
1861. They simply aege unlawful conspiracy, and
leave the matter there They do not aege sufficient
facts bring the within the act OF lsG In other
words they do not aeRc force threats or intimidation
shall detain the Senate for few moments on the |
ninth article which the relating TO the conyersa
tion with Gen. Emory. The meaning OF that article as
read IT, b that the President brought Cen Emory before
himself CommanderinC hief Of the Army for the pur
of dsObey the with intept
10 induce Gen Emory 20 dsobey and with an intent to
enable himself unlawfuy, and by the use OF military
continuing TO hold the Office. Now submit that |
not only docs this article fall of proof In In |
disproyed by the witness who has been introduced |
e % fSorys Or statement that the President did not bring
him there for any purpose connected win TINS appIop
alton bill affecting he command m .5o O ne 0I az sabeet
which Cen Emory introduced himself, and when ne |
SSEus the President permission to bring it 70 his atte
ton Whatsoever therefore, was said on that SUBJECT
had Brought the commander OF the troops In Washington
there that purpose but because having brought MN
PRODUCED the subject conyersed upon it and the
Presdent his views In the next place having hsd ms
under the President expressed precisely he same opn
ion TO Emory he S S@ e Ss% Se %s
him II Is found in his answer on the SD page OF the
official report Y hee %hSi nsr
fered with his constitutional right as the Commander
iHcIlef q the Army and that A What he said to % Gen
that he said il for any other than the and evident
that Gen Ey ,s hsS OeS C
denty expecting and desiring that the President should
something the ssS and he ssd Sbss he d
moan the truth as hs apprehended IT, will appear In
proof instructed that Ss Sas S %hS 1s snd5sS e5ss
dent se9 auoe fSr tSst Ss dstDs ccsf from
to and Constitution Of his country but DsSnse is
W movements which he was informed on au |