The Portland daily press., 1868-04-02
XLth OONGRESs-Second Session.
The Impeachment Trial.
Third DAY.
Debate between Butler and Stanbcry ON
the Admissibility of Evidence.
SENATE.


WASHINGTON, April 1.-The Court was called
to order soon after II o'clock.
The minutes of the last day of the trial were
read by Secretary Forney up to the mention of
the vote cast by the Chief Justice to decide
the tie vote on the question of retiring for de-
liberation, when MIR. Sumner made motion
to correct the journal by inserting the express
sion of the Senate's opinion that said vote of
the Chief Justice was unauthorized and of no
effect. On this motion he demanded the yeas
and nays, which resulted-yeas 81 NAYS 81
The question as to the admissibiity Of Bur-
leigh's testimony, about conversation between
himself and Thomas, was submitted to the
Senate by the Chief Justice.
Before the vote was taken, Mr. Frelinghuy-
sen inquired whether the managers intended
to connect the testimony of the witness with
the respondent.
Mr. Butler said they proposed to do so.
Mr. Stanbery then rose and said the Court
had at length reached the dominion of law on
the question, requiring careful consideration
and argument. He stated the question to be
whether or not the declarations of General
Thomas were to be used against the President
though not proven to be authorized by him.
1t is alleged that the graveness of the offence
charged in the first three articles, consists in
issuing by the President of letter of authori-
ty to Gen. Thomas In the fourth article the
offence charged is conspiracy with Gen. Thorn
as to obtain by force and intimidation the Of
flee of Secretary of War. TIL Sc were the on
ly articles whose consideration was now neces-
sary. As yet we have not proof of anything
that was said by the President before or after
giving this letter of authority. The purpose
OF the present attempt was to show the Presi.
dents intent in issuing it by producing irrel-
evant testimony about the remarksl male by
Gen. Thomas, without authorization by the
President. The Presidents intent could be
shown only by the orders themselves. The or.
der and letter of authority given to Genera
Thomas did not make him general agent o
the President. They authorized him to do on
" certain specific things When proper
foundation of proof of a conspiracy is laid
then the declarations of one of the supposed
conspirators may be deemed to implicat
another. In this instance no such foundation
of proof has been laid, even if it were admit
ted. which he denied; that tie letter of au
President and Gen. Thomas of principal an
general agent. 1t could not be maintane
that the letter was iu itself proof of conspiI
acy. The nature of the order was, accordin
to the usual formula, to designate an ONCE
known to the law 1t would not be asserte
that al officers appointed by the President b'
come ms special original agents. The Tres
uent ana his appointees were alike ofhcers an
responsible to the law. The managers sa
they expect hereafter to show a connection b
tween the declaration of Gen. Thomas and IL
respondent.
Mr.. Butler-I did not say hereafter.
MT Stanbery-Dld you sa. you had done
NJ. Buter-No.
Mr.. Stanbery-Then if YOU exnact IN do
you must do it hereafter, and ether maa,
what you did not say or said what Won a N,
mean He went on, claiming il To no ~, -,
precedented attempt to build the superstru
lure before laying the foundation
Mr.. Butler replied-He said hat the arg,