Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-04-11
TmneacIlIllCnt.

Z Judge Curtis, yesterday, began by referring
to General Buffers accusation of 'falsehood
on the part of the President in his denial that
he had recognized the tenure-of-ofhce lava
charge propped up by alleging that he had sent
to Secretary McCuloch notification of Gene
raj Grants appointment as all anterips Sccrc-
tary Of War under the sixth section OF that
law. The sixth section, Judge Curtis showed
had no reference whatever to the particular
portion of the law whose constltutlonallty was
impugned. The second article was then July dis,
cussed in connection with the acts or lI92 ana
1868, in respect to al anter1n1 appointments or
designations of persons temporarily to perform
the duties of an Office where vacancy had &C.
Cured. These vacancies might occur as we'll dur
ing the session of the Senate as during the re-
cess and it was necessary to fill them at once
Judge Curtis cited the Seward Butler list OF
ad Interim appointments of heads Of depart
ments during the session of the Senate, OF
which he had counted one hundred and thirty
OF inferior officers there was 4 still larger
number.
Article eighth, charging an unlawful attempt
to use the public moneys, was briefly discussed
The attempt to bolster up this charge by the
testimony of the superserVlccable Chandler
had wholly faiIed--the Senate declining to re-
ceive that persons testimony. Article third
was reviewed at more length, and its ground
lessness fully exposed. Judge Curtis then
took up the conspiracy articles, fourth and
sixth, showing that there had been no viola.
ton, and could be none, by the President, OF
the conspiracy act of 1861, and insisting that
the only conspiracy, if any existed was con,
spiracy to 60 to law" Articles tlfth and
seventh were disposed of in like fashion. A
e 10 ;oth I'M
ry article" was all thatwas necessary. This
tuallydisproved by the testimonyof Gen. Emory,
the heads of whose testimony Judge
Curtis rccited On the subject of the tenth,
or 'Butler article" Judge Curtis was
particularly forcible and interesting. He re-
viewed the question of what constituted an
improbable offence, contending that the rule
was found in the express language OF the Con-
stitution, and not in the precedcnts .ot the
Tudors, PIantagenets, and Stuarts. These
thigh crimes he defined to be crimes similar
to treason and bribery, and were crimes already
defined by statute. He denied Gen. Buffers
definition, and his statement that the Senate
was bound by no law. He asked, pcrtincntly,
if they were each severally sworn as tricrs to
follow their own individual will and cahricc?
| Next came a discussion of the right OF speech
| in connection with the Presidents speeches.
These speeches were not made against Con-
gress as a body, bat It's dominant majority.
| The grand jury here was one. OF the parties
assailed, and the thiers were the other party
against whom the speeches were made The
House of Representatives had erected itself in
| to u school, OF manners, and selected those per-
plishment to come to the Senate and make OBJ
| 70 oI6 IN lon nt
Butler that it mattered not whether the
speeches were true or false, and that the truth
could not be plead in defence, was reviewed in
| a manner that was perfectly crushing to such
| an insolent pretension, which Judge Curtis
showed had been SURRENDERED not only in the
days of the Plantagenets, but in the odlous
sedtion law of the elder Adams. ...
AS to the eleventh article, Judge Curtis re-
| marked, that it seemed as if the managers mad,
at the close Of the first six articles, been disSa
tisfcd with their work, and, therefore, pro-
cecded to compound this article by taking
parts Of the previous ones. In fact, 1t is a
sort of ola, and not over and above savory.
- With brief dissection Of this, the eleventh,
and expiring effort ofmagnity, and . few gen
| eral observations, Judge Curtis concluded one
of the most powerful and effective arguments
ever made in that or any other forum. AS a
piece Of close reasoning it could hardly have
| been surpassed Its tone was judicial almost
| throughout, and it sounded like one of the
opinions which a Marshall or Story might
have delivered from the bench, rather than the
| plea Of an advocate.
| 1t was probably a consciousness how com
pletey he had been demolished, rather than
any old personal grudgc, that made Gcn. But
| Ter bend look Of hate, and swell like q cobra
capella as Gen. Thomas was placed upon the
| witness stand and sworn. NJ.
Gen. Thomas testimony was Of the most
| important character On the Dist Of Ecbrua-
ry he issued, by Mr. Stanton's request, an Or
| der, as Adjutant General, directing the closing
of the War Department. A few minutes after
| that, the President sent for him, and gave
| him two letters-one dismissing Stanton, and
| another designating him (Gen. Thomas) as ad
anterma Secretary of War The President said
nothing about employing force, but told him
| that che intended to support the Constitution
and the laws, and expected him to do the
same" Gen. Thomas said that he would do
once to sec Mr.. Stanton, who asked if he was
to go at once, or would be "allowed time to
remove his private property" Later in the
day Mr.. Stanton informed him that he did not
know whether he would obey or resist. Sub
sequently Stanton said he would countormand
| any order he (Gen. Thomas) issued, and did
dictate an order to him to 60 to his room and
act only as Adjutant General. '29a
Mr.. Stanbery Inext questioned Gen. Thomas
as to a late conversation held that day with the
President. To this query Gen. Butler dog
gedly objected, and claimed that after the act
OF removal had been completed, the Presidents
declarations could not be given in EVIDENCE
| Mr. Stanbery pertinently asked if "Gen. But
ler's case stopped at that point" and made a
forcible argument in favor of pursuing the in
quiry. Mr:Evarts showed howthe managers had
put Gen. Thomas on the stand by hearsay,
| and were now loath to let him speak in his own
person as to the President orders and lnstruc-
on this issue, and the question was then ruled
| "a hn admissible hu q vote of ID to 10 In the