The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-23

set up by the respondents counsel
that the order was not a military order,
but it invoked the military spirit of
obedience. The counsel said the letter
to General Thomas could have been de-
clined altogether without subjecting
himself to punishment by a military
tribunal. If the counsel had admitted
it was q purely military order his
client would have been guilty of
violating the law of the I'd of March,
1867, and if he declared it was not
military order then the transaction was
in the nature of an agreement Between
parties. The President knew his pur-
pose was unlawful and he induced
Thomas to co operate with him. Cen
eral Thomas might be excused for his
ignorance but there was no such excuse
for the President. Is being proved that
full undertaking and that the purpose
was also unlawful, the conspiracy is es
tablished.
Mr.. Boutwell, then proceeded to re-
view the action of the President in
removing Stanton. The reason he had
for removing him was that Stanton was
opposed to his schemes. He showed
how in the suspension of Stanton the
President had followed the provisions
OF the tenure of Office act and detailed
the action by the Senate. Ii was then
that the President assumed that that
act was invalid and had no binding
force. When General Grant yielded the
office the President was filled with in
Il hot ia, fn
be under the influence of settled and
criminal purpose to destroy General
Grant and secure the removal of Stan
ton.
Mr.. Boutwell, detailed various efforts
made by the President to get Stanton
out of the War Office. Failing in
every effort nothing remained but to
secure the office by an open, wilful and
defiant violation of the law, i'll which
he sought the aid of Lorenzo Thomas,
and up to the present time they are en-
deavoring to get possession of the War
Department. Their action has in view
an unlawful purpose, aud is therefore
conspiracy.
Mr.. Boutwell, referred to the testi
mony of General Emory as further evil
dence of the Presidents intent. AS to
the nomination of Mr.. Ewing, that gen
tleman is in his 10Th year, and the Pres
ident knew he would yield the office at
any moment. The President never
sought to put men there whe would or
could hold Office aud obey the COnstitu,
ton aud laws.
Mr.. Boutwell, pursued this strain of
argument to show the evidence of con-
spiracy at considerable length, and
claimed the evidence showed that the
President contemplated getting posses
sion in some manner of the Treasury
Department. As to the speeches of the
President that evidence was put in SIM
ply to show that man who could utter
such words is unfit for the Office he holds,
and in this case he referred to the cases
of Judges Chase and Humphreys.
Mr.. Boutwell, at much length spoke
upon and quoted from these eases. He
claimed that the speeches of the Presi-
dent were designed to impair the just
authority of Congress. He then took
up the 18th article and passed in review
the action of the President on recon.
struction laws which he claimed was
devoted.to preventing any recOnstruc-
ton of the Union upon any plan except
that which he had inaugurated.
His criminal ambition was to obtain
command of the War Department, and
of the army, and by their combined
power, control the elections of 1868 in
the ten States not yet restored to the
Union, while Congress proposed to
extend the elective franchise to all
loyal male citizens, and exclude from
franchise portion of those who had
been most active in originating and
carrying Oh the rebellion.
Mr.. JOhnson's purpose was 20 limit
the elective franchise to white male
citizens and to permit the exercising
OF it by all such persons without regard
to their loyalty. If he could get con-
troll of the War Department he could
carry ont his design, but this he could
not do without disregarding the tenure
of Office act. With the thousands of
Office holders all over the country he
could control the nominations of the
Democratic party i'll every State in the
Union.
With the War Department in his
hands and the tenure of office act
broken down, &c would be able to re-
move General Grant, General Sherman
or Sheridan, or any other officer who
stood in his way, aud all to his own
personal advantage. Under the cir
cumstances it is certain he would Sc
cure, first, the Democratic nomination,
and second, the electoral votes of these
ten States.
This done, he had only to secure
enough of the States represented in
Congress and he would defy the House
and Seaate, and sho1ld they atteapt TO
reject the votes Of the ten States he
would be sustained by his friends and
supporters, by the war department and
the treasury department, and the army
and navy, and would have been inaug-
uratcd on the 4th of March next Prcsi-
dent for four years.
Mr.. Boutwell, then detailed the effects
Of Mr.. Johnson's course as seen i'll the
condition of the South, and contrasted
his case with several other public Off
GERS in this and other countries who
had been impeached, and appealed to
the Senate to do justice.
He closed by saying that his convic-
tion is Tue triumph vi law, vi oTueT anu
Of justice. | don't contemplate his
acquittal. 1t is impossible. Therefore
l do not look beyond. Bat Senators, the
people of America will never submit
an usurping Executive to break down
their securities for liberty provided by
the Constitution. The cause of the
country is in your hands, your verdict
of guilty is peace to our beloved land.
At4 o'clock, Mr.. Boutwell,, at the
suggestion of Mr.. Conkling, yielded to
the motion to adjourn, stating that he
would occupy about an hour and a half
tomorrow, and accordingly the Court,
and immediately thereafter the Senate,
adjourned.
HOUSE.
NJ. e L. 4