Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1868-05-01


seventh articles set forth offences pnnisha
bile MS misarueanars hy the lsws OF the
District, Articl. sixth was laid under the
statute Of 1861, and charged the respond
CIT with consp racv with LarenZo Thnm-
as TO seize hy fo-ce upon the property IN
the War Department III violation Of the
tenure Of Office net,
Mr.. Boutwell, argued, in reply to eounsel
and supported his argument with citations
that though tho District Of Columbia was
Lot included by specific designation, the
net applied to the District. An act OF
Congress and the Constitution were both
laws, Only the latter was OF superior
autlaritr. The seventh article WIS laid
au tn, common law, and charges suhstan
italy the same as those charged in
the sixth article. The fifth and seventh
articles, based on common law. set forth
the same offences rs the fourth and sixth
articles laid upun the statute fJnly, 1861
and as their eau be No doubt Of the validity
of the fifth aud seventh articles. it Is lm-
material whether the suggestion made by
the counsel fur respondent. that the con
spiracy act of 1851 dues not include the
District Of Columbia, is valid suggestion
III net.
Mr. Bou,wclIihen proceeded 20 examine
tue evidence supporting tho charges. we
find the presid Mt. il til, allegations are
established. engaged in an unlaw!ul act
IT Lorenzo Thomas or any one else Is co.
operating with him. conspiracy is proved
1t is then competent 10 introduce the state
ments of parties 10 the conspiracy. and II
is upon tits ground Testimony was offered
- 81. r,1..i. y.y
Lorenzo Thomas. The evidence Vt
agreement between the. respondent and
II mas is fund in ,ac order appointing
Thuans and the conversation at the tifEe
the oider was placed in Thomas' hands.
MI i here nu;ccd the claim setup by
respondents counsel, that the order was
not Il aii;ary order. but invoked the spirit
of military obeliipucc. 1t was as connsei
sai1,a letter addressed to Gen Thomas,
VIII ch he eould have declined altogether
without su!ljectn- himself to punishment
by a tribunal. If counsel had admitted
it was purely military order. his client
would have been gully Of violating the
law of the ID of March, 1857, aud II he
declared it WAS not military order then
III, trans ictian WAS in the nature OF an
agreement between the parties The Press
Ell. knew lis purpose was unlawful, and
lie induced ThoaiaS TO cooperate WITH nm
il it. Gcn. Thonas might he excused Tor
his ignorance. Int there WIS no such eX-
sc for the PGesiient-it being proved
tlat the Presiatns was eng tgrd i'll an nn
lawful undertaking. and that the purpose
was also unlawful, the conspiracy is estab
lishca-
Mr. Boutwell, then proceeded to review
the Action of tie President III removing
Mr.. Ssan:on AID the reason he had iur
r.movi1g HIN which was. that Mr., Stan
ton was opposed t. his schemes. IL show
cd how IN the suspension OF Mr.. Stanton
the President had followed the provisions
If TIE tenure Of ut,iec act, aud detailed The
aclieu by tie Senate. It was then that
tie Prtsi e Ii assumed thai that net was IN
Will aaa had no l,iniin. force Whn Gen.
g q t i ID d the ollie. tn. President was
fl el With iniigaatl,,n an. scorn. That
day he see ned to be und.r the Influence
81 "a settcl AMI criminal purpose to destroy
Genera Grant and spcure the removal OF
l,r. S smtnn Nj b. detailed the vaflnns
Efforts made by the President tn st Mr.
Stanton oui of The War 0.iee. FaiiiagI in
every etf,rt, nothing remained In: 70 selze
the oi;i;e by an open, w.itai dehtnce OF
the law, in whca he sought tie aid 1t
Larenzo Thomas, ana up TO the present
tire they are enlaavorin. - get the passes
sian Of the War Department. Ihels acton
has in SEX az un. .Nf4l pafpasc' ana l: is
ii fare conspiracy.
VT. b. referred u the testimanv ctGen
cyal Efnory rs further evidence Of the Pres
a, NJ AT IL
Ewing. That gentleman Is his seventy
sixth yer. and he p esdrat knew he
wonld yiclI the oiiice at any moment,
The Pre- ;llgEt never sought to put 10 thrfe
any one wh1 wnuld OF could hold the Office
ana obey the constitution and laws Nh Is
pa@sued this strain of arsant'ut to show the
rvideic. of conspirncy at coaS'drfahic
length. Nnl claiurl that the evidence
Showed ;lir President contemplated getting
possession in the sane manner Of the treas
ury d .p9r5,ntnt. A. to III. sprrcac 'oi the
Prcsi lem.. that eyilence IS PIT in simply
TO show that maa wh, could utter such
vo lis is M Fl, for tie ofIic he holds. And
in this Cac H. reared To the eases oil
judges Chs AMI Humphrey. Mr., i at
much lea.;. spoke upoA andqHoied from
these cases lie claimed that the speeches
Of tle President were designed 10 Impair
the ia; authority If Congress.
MIR. Boutwel, ;hen t1eli ~ the eleventh.
nr.ie, ;ud passed in review the action Of
tie I'r -sident Oh the I, con Traction laws
wlieh h. clai.ned was devoted t" prevent
ing anr reconstruction of the tni"a upon
ans pi.n except that which he had inaag
urlted His criminal ambition was 10 %
tain co;nmaati # the War Department ano
Of the army, and iv their combined bowe'
to cnn;ro, the elections OF 1868 in the TEL
States not vet restored i'll the Union
while Congress proposed to extend 'ht
elective franchise to all loyal male citizch'
aud to exclude FRI u the franchise por ton
If t.ase who had been mast active III orig
mating ANA carving on the rebellion. MI
Johnson $ pnrpnse MAS to limit the tiee,l''
Franchise to white male citizens, anu Il
permit its enjoyment 10 all sucn person
Without regard to their disl0yaliy. II II
could get consfai OF the ar Department
he could carry ont his design. Int tins III
could not do without DISCERNING the tehuF
,.f Office With the thousands OF oiiici
holders all over the country. hc could can
tro. the nominations OF the Democratic
marty in every State in the Uuicn WI
tho War Department in his hands and In
,enure { office act broken down, he Woui'
be able TO remove Generals Grant, : her
man, Sheridan. or any o.her officer VIII
staid in liswar. and all to his own persona
advantage Under these eircrm stances
it is ccrlain he would secure, iirss. tn
Democratic nominations, aud, SECOND. III
electoral Votes of those ten Statcs. TIM
done. ,,e had ealy to srclre enpash 81 tn