New-York tribune., 1868-04-02

could have made no such exception ~ Woud h'ssS
fallen within the range Of of the exceptions wen We
take. The learned Manager relies also upon , 9sr
tain authorities which has been produeed III s COO
showing that, under some circumstances tne, co,
conspiracy may DE proved before she person Oh % rst
thing Is to prove the conspiracy when is separate anu
~ sSc c in ts rs IN Mace bs there was con
spiracy, and had proved i by testimony az 10 te as
semblng together OF body OF men for the pnpGso Vi
they then gave evidence TO show shat the defendants had
joined the conspiracy iaSt ,a s Ss es r stem
here and support OF their articles undertake 10 snow
and Cen Ihomas then they may go on gyinG eviueno9
OF the declarations OF one or both OF them; ana
give such evidence The case % Darlington Cited By
the anagers case OF joint act OF three persons
falsely nprsomng fonrtA Inere was oonsPl1aTy, t 1
IN pursuance OF the conspiracy and the COnr decided III
that that declaration made subsequent 10 the I'M
prisOnmen to what were the intentions OF one OF one
cOnsprators, might DO given IN evidence asasI tne
where the owner OF ship having autnoIzed the iaster
nc SLAYER the declarations OF the mas
given evidence 10 shOwth object and purpose
OF the voyage Unques' oaby II nc Dad lnaue nun ms
agent 20 carry on shaving voyage ne had made DIN MS
agent for the purpose Cf DONG m acts necessay ~
II out ana what was the act that was gwen IN
it was an attempt % engage person 10 sv on io
the master stated to MIN What the character ana pl&O &
Of the voyage 20 that the case rams Wltnn IN. s
Of the authorities and principles on which we rest We
submit therefore, the Senate, that neither OF tbeso
questions should De allowed TO be put 10 the
]
tho honorable Manager that the answer OF mo
President admits his intention to remove MT stanton
rom once illegally ana az III nsIafls' ~ not 80 ne %
bonOabe Manager Is mistaken II lac has so read the ah
sWcr The distinctly says, IN the nrst place, that
the President believed after the Tayest Gonsder@o.'
that Hr. stanton case was hOt "lthh the leHuIeol
Office ac and the answer further says that ne never
authorized Con Thomas 70 employ ieats Io,ee' OF & I
tmdatOn. II the honorable Manager IS to reier 70 the
answer an evidence for one purpose he must take IS
10 stands.
Br BINGHAM one OF the Managers, next rose 10 make
an argument support of tie ruling Of the Chiet Justice
His opening remarks entirely inaud0le in me re
with due attention the learned counsel who have az
ged in support of the objection Admitting tnelI pre-
misses u would De but Just 10 them ana lus 10 nysc 10
say that their conclusions follow; bnt J deny theF
premises There nothing In the record 10 Juouiy lher
assuming here, for the purpose OF tMs question:
that we arc restricted said by the learned
counsel for the President, 10 the article which alleges
that this conspiracy was 10 DE executed y loSe lheic
f. nothing in this case ms 10 stands before the senate
which jusihes the assumption that the senate - 10 De re-
ces which allege that this conspiracy was be executed
by threats or intimidation; there Is ho,Wng IN l' ls
ton IrOpOdnded Dy ny ds'0ctto 70 t'1 "lt.ss y.
stfcs the assumption made here that the witness IS 70
testify that any force was TO be empoye1 AZ an Lhosgn
he were 80 10 tesuy conlehd oh all iuo HivIl@Ss ~
that t admissible The senate VIII notice That l arll-
cc five there j. no allegation OF force no aAegaoh ol
threats or intimidation. ATICle uEe AmPy alleges an
unlawful conspiracy entered into between the accused
and Gen. Thomas TO violate the eYil iennIe.3t O1ice
act. NY associate was lIghJ on at ms S!tnoI,.eS ,
that II tVO Or more agree together 70 NoiaIe Jaw
Of the land 10 Is conspiracy mat the polht we MAKE
here. In article hvc there j. 40 a'erh! !VItf o9
threats intimidation, bn- simply an allegation thaI 2
conspiracy was entered into between tDe accused,
Lorenzo Thomas and oher peisoh lhA, " 70 ptet %
the execution Of the TcnuIeotOmce act Ihat act ue-
care- that any interference Win us Provsons ls Una
dcmCan0r aud, Of course, II combination De th'@vi. 49,
into between two more 10 prevent - execution Iudi
combination tsef amounts 70 conspllcy @ lne co,Icl ~
have succeeded most admiTaOy lh 5 GnSSrtni Ii ine
attention the senate from the question Wmeh uhuers
the admssabhty OF ms evidence, ana Th5h eonIa1is %
g. refer specifically TO article D OF "icn We cian,
this question arises Ihat article 4GS3 that in1 51a
ruar M The year Of our Lord one thousand eight hnnd-
such year. before the second day OF March IN the year o
our Lord thousand eight hundred aud sNyelght az
washngton IN tl9 District l OK S9am@ T gf5TlUE o5i goi
sons 10 the House OF Representatives unknown, 10 pre-
vent and binder thc execution ol an act entitled An
act regulating thc tenure OF certain clV oute PasT9
March 1907 and In pursuance ot s2d conspiracy dd
Wnlawfuily attempt 10 prevent EdWh VI Stahtol men
and there being Secretary Tor the department 81 Mu,
duly appointed and commissioned undet Tie laws OF lle
United states, from holding sald Office, whereby
that Andrew Johnson President OF tho ILteu otSeS,
did. then aud there, commit. and was euly o. Algh
misdemeanor in Office. Now tho Ienure-oohce ACT re,
clied I'D thAt article eA iI'y ta. 10. so2 io5 S br
toforc been appointed by and WITH tLe aaylgc ana %3 %
sent OF the senate and every person VINO sIl
De appointed 10 any such once ana shaI ne duy qu5l
He'd 20 act therein ShalI De Ttl'I 70 lo s,,iu O'Io
until successor shal nave Deeh III IKE llanhst ap
pointed and duly qualiied-thdt Is to say Dy ana WIN
the adv aud consent OI the senate ne acI tn'l lo
ydrs that the President ot tho United atates may Iltlus
the recess OF the ~euata-uOt any Ohcr time, but during
the recess ~ the senateou evidence satisfactory 70
the President showing thtV an Queer ~ Suit.y %
misconduct In office, suspend sucn ohcer ana designate
tue duties unL lnt case D
acted upon by tue senate ana II te 0rhe sll coiclr
I'm such suspension, and advise and cOnScut 10 the reno
val OF that officer ]. >l' 20 no5y ~ - a. a ~ " o nv
may thereup0n, remove sIc peeI au ppolnt iloneL'
but tha n the Senate shall refuse 70 concur suc oucer
SD appointed -hal forthwith resume the functions OF
his office The sixth section oi tht same ael proyl9s
that every removal, appointment or employment maze
contrary the provisions OI the act shall be deemed To
be q high mlsdcmeanOr Inc conspiracy th.eife lnlo
here between these two parties Was 10 pteNeni te eA-
scaoa Of hat lay cam I'm Ia Is 80 aa ia the 9es RS
this tribunal Gen Thomas either, shelter mlseu
by the inmation mat II was military oiGSr M 10 suoo,
the senate tif that We're So 10 would be competent
the frc-idenloi thr uhte1 otaltS 20 siel.St
any OF his suhodnate py issdhE h.tdy oru1I % W
morrow 10 AdutIt General Thomas, or any 0lher olccr
of The Army oi the uited states. 20 dspco the Congress
Of the nation This Is an aIerti0usht IL is no nlsaIy
order n j. q letter of authority within the express Woius
of The statute and I'm violation Of IT, The evidence Is that
Gen Thomas accepted IT, and acted on IT. IKE GNIIehCe %
was given yesterday and was received WITHOUT o'geS-
tons. Il Is 100 iate nov 10 nlIfg re, trT,ngI
lection. ~ is perfectly lusthlpe III ms ulDuIa,
Tor me ~ say IutAcr here a49 10 say on 10y O%Tn %
honor OF the Managers oI ne hoI9e tila' we hoy
not simply ON the declarations 9l Cen 4hyI"s m G ~ % %
The purpose oi the accused 70 disregard Us pai Po
visions but expect by the written coaiesslpI VI n
accused himself TO show TO this senate Lls uaS & or 80
soon thereafter be done. that was hs decSel
determination in any event TO deuy tne ~ b yr9 "i
Senate. There was no lnthapon E.N'n ~ 'D ,sJ \ No
this intended Interference. The IIesldtht gsP,Iu lS m
power in his own hands OF rePeans taS o. ~" oi
the nation, OF challenging {4e leptcs @ @,DS@lareS ~
The nation ~ bring him 20 this bar 10 answer AId
now when we attempt 10 ptosTa' %lIhiI,sb,ad VIII ,nS
trial according TO tho known an" =, t's'1llsrGu i E
rules Of evidence In all courts or justice We are met ~
thc plaiisble and ingenious more pl9usule ana more ~
gcnious than sound remarks OF the learned coust ZOE
fbp accused that the declarations of one cOco'ralor
cannot be given in evidence against anoher a. 70 tAc
INN, moro strongly than the counsel dld hut tht Wa'
exactly the significance of these remarks WOu,u 1ho
10 know whence he derives any 'uch authority \ uCC
lorotion made I'm the execution of conspiracy ~ . co
couspirator Is admissible even as 20 the mode h Wch
ne wonld execute and carry out tho dcssh, ~ s duS
shlc not simply against himself but ddhsslole a-dlsu
his coouspTatOr. 10 is admissible against then hOt |"
established che original conspiracy, Dot 20 p,onJ ,ny
intent and purpose Of the cOnsptat0rs Inc conspiracy
ia compete whenever the argument Is entered INTO 10
violate he law 10 matter whether on overt acI DC con-
Initted afterward In pursuance OF II or not Dut ne
ais which are committed aiterward by amy one oi lhe
cospiratos in pursuance of the conspiracy y eNluencS
i.t hs snlrntnrs. Ihal Do nrtcaoll lho ktounu