New-York tribune., 1868-03-31

proposition e acgstyeS @ :. Verdict Of guilty upSs ,a
form Of legislative procedure is prcned sia ~ WIN IN all the
with his obect,ons rs returned by hun Congress
9ss ana nay vote OF threequare Of the Repressa.
natcrs repesspng s SpaF G5ss1cs ss and
% Is passed agan, notwithstanding the ysi"
Of the Government conforming thereto M for StS
no court having doubted it's validity Now NJ proSyon
WITH intent usurp 70 himself the very poxers Ii
n tns aw Was aeSsnsd to limit for purpose Of dsse
which hs not and shoad not 10 removed for
fourths Of the House oi ssres s'e oy three
passed tie law nav mor and by the Senate that
proceeding to ss e yeSy se1at%Ts who
unlawf and IN % vSaton Of tSSee'Ssy tSe declared the
act of usurpaon Is declared no, be- hy y1e ;d sae
not guilty upon their oat6s. wosiaA wSsSA verdict Of
udSent BE- "a conscious ne Of ntsaent
assembled TO frame laws for their guidance In aes
and frame of their governments Would il not be noti
catonan invitation Notwithstanding to all time TO aay
pie which they had shown themselves incapable Of main
tanning or defending and playing the roe q Caesar
last and greatest experiment OF freedom and equality "
pKbcs sink to s tomb uder the blows Of nssrpod
power from which free representative government shall
arise to the Light Of morn of resurrection nerT sore.
wv" THE INSTRUCTIONS TO GIN EMORY
Article ninth charges that MajorGen. Emory being In
President called him before him and stctcd him that
from the President shall be issued through the General
OF army. unconstitutional ard inconsistent with
his commission, with intent 10 induce Emory 10 take
orders directly from himself and thus hinder the exec
tion Of the Civil Tenure act and TO prevent r stanton
holding his Office Of Secretary OF War III the trans
action set forth In this article stood alone we might ven
admit taat c4nns igh arse ne 70 tne S9,eny @ s W. ,n
proof But the surroundings are SO p9ihted anu s,gn
TO leave doubt the nind 0i an Impartial nab
would say that the President might not properly send to
the commander Of this department to make inquiry as to
iutent and purpose did the President send for Gen.
Emory at the time he did Time. here Is All inportant
element OF the act Congress had passed an act n March,
1867, restraining the President from Issuing military
orders save through the General OF the army Inc ftes
August be had attempted to get possession oi ths war
by appointing the General OF the army thereto.
Falling IN his attempt TO get full possession ot me once
remove stanton all hazards, and cndeayoTed TO pre-
vail the General to and him In DONG. He declines
him IN the newspapers and him OF bad faith and
untruthfulness Thereup9n asserting hls prerosaye,
as Commander-inC Chief, he creates new military de-
parment Of the Atlantic. He attempts TO bribe Lieut.
motion to the rank Of general by brevet trusting that
military services would compel the Senate 10 confirm
pointed he can then by simple order pat him on duty
according TO s brevet rank aud thus have general os
transmit his orders and comply with the act which
he did not dare trnsgress as he had approved IT, and
brbe. The respondent, not discouraged appointed Ma
jorGcn George H. Thomas TO tie same oreyet rank but
President just at that tine almost three years after the
closed but just after the Senate had reinstated stan
ton. TO reward military service by te apolntment OF
generals by breyetl Why dd his zeal Of promotion tako
that form aud otheri There many other nerilo
rious officers OF lower rank desroas OF promotion.
The purpose is evident TO every thlnklUs Mind
He had determined 10 set aside Grant, with whom he
had quarreed either by force fraud either In con
formiy with or in spite OF the act OF Congress ana con-
February for an these events cluster nearly about tho
point OF time) be appoints LORENZO Thomas secre
refuses to go Thomas about the streets declaring a
he VIII put hiG out by force M ch ] MN 90 Sus the 1S. .
resolution looking to impeachment is offered In the llonse
The President, the morning OF the 22d s early as
paeucable selzed WIN SUDDEN nssv W., ~ % ~ ,0t
many tyGop, ,at 9eTe M % were IN s w II s his
could have gwen ,h nm 6he 1eis AID Sfs
OF every man But that was not all He directs tho
commander of the department. TO come ~ early pracu
cable. Why this haste TO learn the number OF troopsi
Observe, tile order does not 20 through Gen Grant
by law 1t ought TO have done. Gen; Emory. not
knowing what wanted OF course obeyed the order
possible The President asked him II he renein
bered the conversation which he had with him when he
first took command Of the Department. as to the strength
garrison Of Washington and the general dispost
tSn q Sa SSps in the a ES sea ren sa'
after explaining % him fally to all the changes the
dessa s,SS @
evidently suspected what the President was afler
said by law no order could come TO HIM through the
General the Army, and that had been approved by tho
President and promulgated IN General Order, No. IL
Gene Eos ys % President sss % viii T aRs
great fayGr you VIII permit me to call your atleu-
Because he feared that he Was to be called upoa BY
the President 70 do something In conIayention that
cordanoe with the Constitution Of the United states
which makes me Commander. in Chief of the Army and
then said That Is not matter for the officers to
mine There the order sent to approved by him.
and all governed by that order" he said, "Am
Ia understand then that the President OF the United
States cannot give an order but through Gen Grant
Gen. Emory then made the President a short speech,
telling hlm that the officers of the army had been
snltng lawyers on the subject ReyeIdy johnson and
Robert j. Walker, and were advised they bound to
obey that order Said he, think 1t right 10 tell you
at the army arc unit on tniS subject After short
Emory left What made all the officers consult lawyers
Sss had been at 'hS work ens& S s
The course of the President. In his
might when he would resist law OF Congress
by force. How could Gen Emory tell that in Iudg-
anxious the President that he could nut
oppose the law In his the hrst article. no
Mr. all events, Notwithstanding the law aud
the action OF the senae in other words he intended TO
make and did make Executive resistance to the law duly
enacted The consequences OF such resistance he has told
When an act Sss been passed according cOs,
ton BY the legislative authority sHd Is regularly snrOes
si,g esiGS gsIsy sItsa'Si would !: Ri;y
GeIemmHt Ths would be simply cv aud civil war nass ss
rsscred TO only the las, remedy for ,ne wort evil.
pC, rights maintain them regardless Of all
He admits in substance that he told Emory that the
lsw wholly unconstitutional, and In effect took
just such law as he had declared would resist De-
you not believe that Gen Emory had yielded IN the least
promotion 10 bind him 10 his purposes he did sherman
and Thomas Pray remember that this is not the case Of
gentleman conyersing with another on moot ques
tions OF law. but IL the President the CommaDderin
Chief the fountain OF all honor and souree Of all power
dsobey law which he himself has determined voi
apt pupil Is it not high @sdeEesnor for the Presdeat
laws OF Congress not To be obeyedf
DISGRACEFUI.