Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-01

e~ nsb's y sA.s an Is n 70 % liable to Am 7,
act when the astbcrfty IN writing 90 IA. az n {
co.'s Let au;bonze any such Illegal acti Now
What has the President done that can impuse
To HIM an illegal act OF The excise OF An unla w -
fol sHthorityf He only raw a a 1Srdin 10 an.
thority 20 occupy and MI the duties Won
or c. known % the law and r cocnixed sy ms
law. IL Gen. Thomas exceeded tn written an
thouty gwen, can The President be held Liable
II third person had oeen injured by General
h0nTas' act, can thst third persoa claim dam
ages Of the President Tor ths doiugs of an un-
T. do specified ihingi The az nj was clothed
ohiy with the authority Of a " and n he dsd an
sei IN violation Of Law the agent alone is re-
spons,ne he understood the honorable MN
seer tSir. Batlsr) 70 Say thai be wou I'd hsr.af
os or TsoF 81 ~ President with the declaration
Mr Butler. did not say hsreafser.
M: Stane.ry certainly understood the Man
asss asss 70 ssy that he would show the eonaeci.sa
M Bu'ier; did not use the word ahere-
Mr.. Stanbsry Dad not propose q NAV upon
woids, but the Manager said he wouia aoneeci
tae E fre out " IN G.n. Thomas declare uons.
As ne connection had not vet been m s6r m.
presuwption wss that il WINS 40 he dans Ss,r-sr
ter, unless the NJ snagsr was TO he .aaer.sxr.s
a. saying one Ting and meanisg another
We have had no reason gwen Why we shoula
know that the necessary connectaon woula eer
talnly he made. il ls the clear d1fy on fhs
Managers 10 show the conspiracy in lAe Ara
that and showing 10 the Court that the Presi
dent did tell Gen. Thomas TO use force 10 obtain
Possession OF the DepartmeRti Why not lay
the proper foundation Is AZ the purpose o
counsel 70 give us the superstructure first and
the foundation after wards Until the proper
foundation is LAID, a statement Is made lpon
ueeto1 SSnGI ., OF IS % showing ,S how me Con
eeseo feel compelled to object to the reception
Of the testimony.
Mr.. Stanbery here resumed m. se,t
M. Butler Cafter waiiinga menent) said he
should insist upon the enforcement OF the rule
which required counsel 20 cite their aathori-
u.s, II sney had any, before reply was made
Mr., Ssanbery-Mr Chief Justice. will al
low tins question TO stand, without citing on
producing any authorities.
Mr.. Butler sad this question had been
argued at length by the counsel Tor tue
accused; but they no doubt felt thar upon
the decision Of :hls question, and tn.
testimony 10 be offered under IL, re.ts
largely the fate Of their client. The question
If certainly grave one, and he would therefore
ask the attention Of the court 10 some consider
stions which TO his mind were conclusive
exact state OF the case Ii appears that unon
the 18th day Of August last past. and probably
before that time the President conceived tn.
idea OF removing Edwin M Stanton from th.
Office of Secretary Of War, at all hazards claim
ing ms power and right to do so, against the
provisions OF the act known as the Ci vii Ten ure
oi-ohce act The ques non that now. there
fore, rests with the Ssnate is in a measure
70 decide II that act is valid and not 10 be in
frir ged upon. IL the tenure-of-ofi c. act is the
law OF the land, then the President, by hts an
swer TO the charges OF the House Of Represent
auNes, ad mlts that he acted In violation Of law
for he admits the attempted removal of M
stanton: and he issued his order 10 General
Thomas for that purpose, and for that only
The palllatlon Of the President was thai
he desired to make q judicial clse of
this, and TO bring the act 20 the att.n-
ton OF the courts. But what are tAe facts
Ihe President Iss ued an order and called to has
AID an cfficer OF the army 10 enforce thar order
He issued an order &C Gen Loren 40 Thomas TO
go and take possession of the War Department
The counsel Tor the President says thai order
was issued in the usual form, but he (Mr
was not an order in the usual form
IL contained the words Of imperative
command. The order does not say 10 General
homas, You are authorized TO take posses
sion OF the War Department; but the language
l. "1ou Will Immediately enter upon the dis
charge of the duties of Secretary of War" The
Court must rems mber another important fact
and that l. that the Preside nt attempted TO pat
Mr.. stanton out Of Office last August, aud Mr.
Stanton claimed his right not 10 be put out and
he rote letter TO the President and told him he
only went out in obed gnce TO superior force
he President had authonzed the Generalof
the Arm les of the United States 10 take posses
sion OF the War Offlce, and that was eq a yalent
10 using the whole military force of the United
States; for II the General of the Army thought
he was acting IN legal way 10 accept the Of
nee ne must have thought lt legal 10 use the
whole force of the armies of the United States
TO carry out the order Of the President
HOUSE OF REPREsENTATIvEs.-Th House
met az - O'Clock, but without transacting aLy
business or even reading thef eflournal, resolved
itself into Committee OF the W hole, and accom-
panied the Managers TO the bar Of the Senate.