The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-11

Mr. Curtis then combatted the view put for
ward by Mr.. Butler. that it was immaterial
whether or not the alleged indecorous express
sions were true, quoting from the English
statutes the sedition law passed during Mr..
Adams administration. and writings of Madi-
son, passages in support of the position that
telling the truth about officers of the govern
ment is not an offence against the law Mr..
Curtis then asked who were to be judges OF
the propriety of speech. 1t was the assump.
ton of this very authority that had caused
thousands of heads to fall in England under
the Tudors, and nearer our own time in France.
It was the freedom of speech, ordained by our
Constitution, that made us peaceful and hap
Ply nation. He passed very briefly over the
18th article, characterizing it as compound
of the 10th, proceeding to close with refer
| ence to the unprecedented magnitude of the
case, saying that there had not been and there
| never could be another occasion like this in
the proceedings of this government, to prove
| the greatness of American justice or injustice,
that justice which Burke says is the browning
glory of all civilization, or that injustice which
| is sure to return to its authority. -ssr
The Senate at 2.15 p. M. took a recess fol
fifteen minutes. ast ..p .s--r.sT
After the recess, Gen. Lorenzo Thomas was
| sworn, and on examination by Mr.. Stanbery
| testified as to his rank in the army and his
appointment as Adjutant General in March
| 1851; remained in Office alter Mr. Stanton's
appointment; was sent by him to various parts
of the country to organize and inspect troops
| &c; organized about $4,000 colored troops; his
last special duty as Adjutant General was per,
| formed about the close OF 1867: was restored to
| Office duty as Adjutant General by order O
| the President Feb. -, 1868; saw the President
| soon afterwards.
Mr.. Butler objected.
@. What was the conversation?
Witness then stated that on the morning OF
Feb. 21st he received note from. the private
Secretary of the President, asking him &c
come to the White House; he went there, ano
the PRESIDENT handed him papers, being let
ter to Mr.. Stanton and his own letter OF au'
shorlty; never saw the papers before; had nc
hand N preparing them; the President said tt
MN, Il intend to support the Constitution and
laws, ana expect you to do the same; witness
went 10 tne war Department with Gen. Will
hams, ana demanded possession; Mr.. Stanton
asked him if time would be granted to remove
his papers; Gen. Grant was present: showed
him his appointment as Secretary ad Interim
witness then retired to his room on the 400,
below; the same day he received letter fro n
Mr.. Stanton forbidding him TO issue any /, r
ders as Secretary of War dd Interim which lei
ter witness proceeded to read. afI7ie aI
| Mr.. Stanbery asked-What was said i
conversation which took place between hin
and the President subsequently on the sam
day?
Mr.. Butler objected, and argued at som
: length that conversation relating to an az
could not be put in evidence if it occurred sur
sequent to its commission, .lass
Mr.. Stanbery Notwithstanding it wa
clearly admissible as bearing ON the charges {
,, conspiracy, and calling attention to the fac
that the managers had introduced larg
amount of testimony about conversation
which were held long after the date in que!
t ton. They had put in evidence what Gener;
Thomas had said when not on oath, and as
fortiori his evidence now should be admissi bl
Mr.. Butler rejoined, challenging the produ
;. ton Of legal authorities to prove that what OF
conspirator said to another after an act W.
IS committed, could be put in evidence in his +