Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-02
CONGRESSIONAL.

having taken -ther USUAL p'"oos'
Court q Impeachment was called =
order by the Chief Justice, aud the min
| utes OF yesterd&5's trial read up, 70 The
| mention OF the vote cast by Chief JUS
Ltice chase 10 decide the tie vote ON the
question of retiring for elaboration
when Sumner made motion to correc,
the journal by inserting as an expression
of the senats's opinion that the said vote
of the Chief Justice was unauthorized
and of no effect, and said, ION this mo.
ton i demand the ayes and nays
which we're taken, and resulted as fol-
lows ayes, 2li nays ~ So the mo-
ton was disagreed to- iaisss-ss1d
The question as to the admissibility Of
Burleigh's testimony about the converse
tion between him ssd General Thomas,
was then submitted to the Senate, by the
Chief Justice. but before the vote was
taken, Frelinshuysen inquired "if the
managers intended 10 connect the testiT
mony of the Witness with the respond
ants. 'iu siria 90 lii Won noiaiq1 g
Butler answered aiiirmatively.iinbl
stanbery then rose and said that the
Court had at length reached the domain
of law and question requiring careful
consideration aud argument He stated
the question to be, whether or not the
declarations of General Thomas were to
be used against the President, though
not proved to have been authorised BY
him. 1t alleged that the, graramen OF
the offeuse charged in the first three ar
ticles consist in the issuing BY the Pres-
ident of the letter Of authority to General
Thomas. In the fourth article, the ofense
charged is a conspiracy with General
Thomas to obtain, by force and intim-
idation, the Office of Secretary of War
These we're the only articles whose con-
alteration was necessary as yet. We
have no proof of anything said BY the
President before or after giving this letter
ofhuthoriiy. Thepurpose of the present
attempt was to show the Presidents in
lteution in issuing it, by the production /
of irrelevant testimony about remarks
made by General Thomas withoutsuthorI
ity of the President d sslqss ods i
3 The Presidents intentions should emily
have been shown by the orders them
selves. The order and letter of authority
given to General Thomas did not make
him general agent of the President, as
they authorized him to do only certain
specific things When the proper foun'
dations of the proof of conspiracy is
laid, then the declarations of one of the
supposed conspirators may be demanded,
to.implicate the accused, and then only,
In this instance, no such foundation Of
,proof has been laid; and even if it were
admitted, which he denied, that the let.
ter of authority constituted a relation be-
tween the President and Gen. Thomas,
of principal aud general agent, it could
not be maintained that the letter was, in
itself, proof of . conspiracy. The nature
of the order was according to the usual
formula, to designate an officer, known
to the law, to execute the duties of an
Office established by law. 1t wonld not
be asserted that all the officers appointed
by the President became his special or
general agents. The President and his
appointees were alike officers, and re-
sponsible to the laws. The managers
say they expect hereafter to show con-
nection between the declaration of Gen
eral Thomas and the respondent.
Butler-"I did not say hereafter"
Stanbery-" Did you not say you had
done it heretoforep 4
Butler No." r'ae7o7ilo9 l
After considerable discussion between
the managers and the Presidents ooun-
sci, the yeas and nays were demanded
and taken--yeas, SO; nays, IL. is'a 4
Burleigh was then called, and said that
on the evening of the 2lst Of February,
he went to see Gen. Thomas, at his resi-
dence, and he told him that he had been
appointed Secretary of War an interim,
and had gore to the Department and
demanded possession, and that Stanton
asked him If he would give him time to-
remove his papers Witness said he
understood Gen. Thomas to say that he
had already issued orders as Secretary of
War, and also that he intended to take
possession at ten O'clock. in reply to
inquiries by witness, Gen. Thomas said
he voulduse force to obtain possession,
if It was refused him. q
Butler-"Did you have any conversa-
ton with General Thomas while he was
acting as Adjutant GeneralY'8T ~ 81,
Evafts inquired what date the question
applied to. sl Z. e ioi Aas =
Butler said bis appointment to that
Office was made the week before be atT
tempted to gain possession of the War
Department ~ iei,.re9
Esar.s then asked what was the pur-
pose ofthe testimony. |
8 Butler said Il was to show that Thomas
has attempted to seduce bis brother
officers from their duty, just as AbsAlom
had sat at the gates and tried TO draw
of the people from their allegiance TO
King David. 20, i's' ~