New-York tribune., 1868-04-17

u.
tho afternoon; after was seated the President stated
Mr. BUTLEil-stop a moment; object TO statements
of the President at o'clock p M IA litter IN COURT
some Senators laughing outTtqht ID, 49,, !
Senator EDalUNDS asked that the oher oi tTd snliend
may u ISspIx sG pIt III "ri'hr 50 'i''
Tne proposition was reduced writing as follows:
Pes presence Gen Tboa 70 aAs sn:R ] ess o. Ur9cS %
bs efceua 20 raise aea question Of Mr. sauon' lSs ns
fs f.s saa a 4i' d 5s ae ShfS fss ssf @ VI. o. S.
To1 %Sr'S s seags Fl me- % VIA: Vas se IN o. The
Senator EpMUNDs asked what the date OF this In
tcryicw. 80. g., - r., ooi ,, Io,,,.rv
Mr. BIJTIERI RIIhs testimony has two objections, Nr.
President and the first is that after the act was
agreed upon before the House and after Mr. stanton su
sought protect himself from being tarned ont o oto 60
nv force The President then sends, as t Is proposed 10
prove for the witness, and gives him certain @ m ni
ecoLs 1t Is alleged that those directions & were nosea .S %
that writ OF quo r0Tanto was 10 be Died. ~ ~ @ s' ~ ny
mformation in the forTn Of quo edirDo Is proper
proceeding. Now let us see inst here now , inI ce S
reason why he did not apply to tho LAWYERS was unae
was impossible to make up ease ono Oh te oes'Vs a. m
asked him 10 repeat his answer and ho repeated III he
saws the President said: 81 am told by ho lawyers hat
tsmpossbc to make up case NOW, ai'o, ., ne th. hse
been told that and after he mad been con OF VI
he stu undertakes show yOn here that the removal OF
Mt stanton was IN Sraer 10 10 SSc III 70 MAKE mn lie
convinced that 10 case could Ivy any possloby D3
threats OF his officer Thomas TO turn b. forcc Mr. stan
ton ont OF the War Department. lilo then sends Tor
JoGue convinced before get thru n, aud having got
him there be undertakes to make u case Tor te senate
they expect prove that the President wanted case
made u to 20 into court and that in pursuance Of tlat
Mr. Cox acted Mr. Cox cannot be allowed 10 tsthy
to that for another reason The counsel tbeh'Nts sN9
put in what imparts absolute verify and wnat
cannot be cOniradctod By parole other evidence that
Cen Thomas dismissed on motion Of BIS counsel ana
the case dismissed. Therefore We object IN uo HisJ
place. that these declarations Of e l1esidcnt 70 MS
lawyer afier te fact ana ID aSf ne "3 & m ha
what done m lie court may not e proven ~
ceedng was between olhct pntlts ID we CUT NJ
uoeydCuco, rasitis put hcrc AMI TIE "hQ4c leco
Is put in 10 slow That the rc.idcnt went INTO mat C9I
and asked to have that carried On, or that no i4o
himself apparent IN H. He does not appear on ne iGc0si
Ilo does appear employing counsel " iGehs on
nd tc Cotrl dc With IN a5 nga.r,J Gen. Thomas. If
lie president had decided 90 hayo Tho dcciaod
great constitutional non 0b60 tho Court would nave d'
ciled H. An that appears was hat tls witness appci."I
rs counsel for Gen Thomas, aud the question was ~ %
whether Cen. Thomas should be- hcd under bonl, ot
whether under the clrcumstarec. he was.hcy 20 ~,
pear and answer when the Grand Jury ,ai, haHc then
found ont that there was 10 danger nom Hs p'eo~l
Mr. ~ vAFTs~Mr. ChicfJus,ice ana senators; trust
tion, b he learned and honorable Managers appear
to have bearing on Tie question 81 cIiTncH now DC
no official junction IN any court cNcept in mo supreme
Court Of the United states. and no gro cnN9 proceed
.i9r 1S Las AMI m rfcrcnce 10 which no dispute has
arsen can only De made by issuing on TIC rrt oi tle
cy.l-l rom once ihd II il may appear mat OILS
SdhcsoH df The Attorney Gcacili or III approval ti4t
thc uorceding, should b. taken rs rh0iaas, pro.
fosoua adviser h required sl1l be- abe % produce
! told Gen. sherman that 10 was impossible TO make upl
hat he aid att,inpt 10 make upa case Tl's ! 5urt
pose is rcw application of the doctrine ~ catupp
action Of The ~, sdcu toward the removal oi Nj stan
iou, and When Gcu sherman had bc'n asked 10 ieet'
from The clhci executive authority TO di%h'<r INC u
tics Of that Oiice Gd Interim aud whic he r'sn sci
ciilcn and friend and servant OF tho Government wle
he asked tie President whether The question ooNd h"
the al interim authority IN any officer and t' frrsdrnt
replied that 1t vas impossible to InIhe up cas-. thSp
tcrfcrcucc aud dctcrninat0n There IN al HASr lhe
President ala not anticipate The ncrciiy oi n.is NV
this judicial controversy, because IN iho ateru5uGo
NE pr,,,ent xp,,icd the refinement of nr. stanton,
and that by his acquiescenco 10 need would arise for fu
thcr controversy iu court OF elsewhere, I INC con
don Of the proof a5 1t now stands before III senate or
a. We shall contend that 10 now stands in reference 10
/ what occurred between the President ahd cen
sherman We have already seen ia tne pIooi , ,It I'M
sherman received from the Pre- on Inc 2st dY
Of February this designation 10 3Ee c@rse 1 tnc 3.p
dent in the first Instance Of What wls ~ Siya
shown IN evidence that Gen. Thomas arrested on the
to the Court hc communicated the fact Of hs arrest to
The President and received the President response that
| Court Now we proceed 10 show that on the evening
Of the same day, me matter being mus IN CCut thc
to t5''lC' be- dciermncd Sie @ by the highest Judicial
Iapa Ino method which the % ad the competent advisers
as 10 the law could afford by tho oDleo
ton that the matter % be proved IS IN the state Of the
record between The United states aud Gen. Thomas. n
that criminal complaint but IN INC state Oi iacs as
regards the action and purpose OF the President OF the
United States attempting to produce before the trbu
nal of country for solemn judicial determination the
matter m cornycr.y: that hscaisc the record 0 crlm
nal charge against Gen. Thomas does NOT contain Tho
name 0f tho President Of tho United siatcs
! We cannot show therefore, what the action Of the
President Tie learned Managers say II does NOT
pear by the record that the President made this his con
roN Nersy Certainly 1t does not aud no lawyer can say
how aud by what possible method the President could
appear on. the record Of prosecution against Gem
Thomas. But this wholly ASIDE from the point oil my
inquiry here Now, Nr ChicfJu-ticc and Senators, We
ere no, be Judged by The measure OF proof able
10 offer through this witness 80 regards the chcct aud
value Of The entire evidence bearing this point 10
shall be drawn ron this Witness a-u from other vat
ncsscs and from other iorms ol testimony. We state here
distinctly ae to bo misunderstood, that. by s
expected rcs,auc" Of 5r stanton 10 th, form Of remOv
al the President 0I2cd To hnd resource IN tho law
which hc had contemplated as thur impossible without
autcccdent pIocccdug. an which proper footing could
bc had IN Cont ana that lheh ne ou WIN surh prompt
nc.s and decision and such clear aud uncquiyOcal pr
pose as VIII De- indicated in The evidence. assume inne
presented 10 him Tor speedy determination OF tho
matter than qH0 "bTo"io' or Information IN iho
nature o qtO rti,Td"iD would pl'thl, Was pfO'atd V
the action of Mr. stanton, The prosecution, ana ~ tho
Court The movement Of The prosecution 10 ct the case
Of Court frlyo'0. ana ulinpolhni h us proceed
ings against Gen. Thomas, and bcrmng l0iindale aud
offensive when II gave opportunity 10 iho PRESIDENT oi
the ntcd states by habcas corrns 30 gel u inSlan,
decision m the Supreme Court of the lnrd states We
then propo.e Ia siiow that tis opportunity being tis
evaded he President proceeded tU ADOPT thc only other
resource of iudral determinations by Information IN The
mature Of q qifO rfHT0Jff0. .
Mr. BUTIll.-l am very glad 10 have an opportunity
afforded me y TIE remarks of the learned counsel for
the President 10 deal a moment win lhe doctrine oi
cafappci deny that argument has becn lOhhded 10
ic prejudice 0f my y Of The argument which
made IN the opening of the casr aud to when Wsh To
call The attcEtOn 0i tho Scnatc s bcalug on ,v uoclHe
of cstoppe VIII not be long aud pray YOU Soators,
10 bcaF IN mimi that never nave referred 10 that argu
mcnf While | was discussing The oblodny thrown upon
Mr. StautoI used the words "lG desert ~ now there.
fore would be to initiate The treachely ct his accidental
chlc: but Whatever may be contribution" "l ht senate
or others Of thc civil Tenure of once ACT M