The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-02
BY TELEGRAPH
CONGRESS.
WASHINGTON. April /,
SENATE

WASHINGTON, April L,
SENATE.
AT a few minutes past IL, the Man
ayers of the House in Committee OF
the Whole, and counsel for the Presi.
dent. having taken their usual places,
the Court OF Impeachment was called
to order by Chief Justice Chase, and
the minutes of the last days trial
read upto the mention of the vote cast
by Chief Justice Chase TO decide the tie
vote on the question of retiring for de-
liberation, when Mr.. Sumner made a
motion to correct the journal, by inserts
ing "it Is the expression Iof the Senate
that said vote Of the Chief Justice was
unauthorized and of no effect" On
this motion he demanded the yeas and
nays, which were taken, yens, 21, nays,
"a: So the motion was disagreed to.
The question as to the admissability
of Burleigh's testimony in reference to
the conversation between Grant and
Thomas was submitted to tho Senate
by the Chief Justice, before the vote
was taken.
Mr.. Frelinghuysen Inquired IL the
Managers intended to correct the testi-
mony of the witness with the respond
ent?
Mr.. Butler answered in the af1rma.
tive.
The argument ensued.
Mr.. Stanbery then said the Court had
at length reviewed the domain of the
law on a question requiring careful
consideration and argument. He stat
ed the question to be whether or moi
the declarations of Gen. Thomas were
to be used against the President,
though not proven 10 be authorized by
him. It is alleged that the gravam en-
of the offense charged in the first three
articles consist in issuing by
the President of the letter of an-
thority TO Gen. Thomas. In the fou rth
article the offense charged is conspira-
cy with Gen. Thomas to obtain by force
ry OF War. These were the
only articles whose consideration
was now necessary. AS vet we hnVe
no proof of anything said by the
President before or after giving this
letter of authority. Tho purpose OF
the present attempt was to show the
Presidents intent in issuing 1t, by the
production OF prevalent testimony
about remarks made by General Thom-
as without authorization by the Presi.
dent. The Presidents intent could be
shown only by the orders themselves,
The order and letter of authority
given TO General Thomas did not
make him general agent of the
to do only certain specific things.
proof of Conspiracy is laid.
then declarations of one of the sup.
posed conspirators may be deemed 10
implicate another. In this instance no
such foundation OF proof has been laid,
even II it were admitted, which he dc.
MED, that the letter of authority
| constituted a relation between the
President and General Thomas OF
principal and general agent. It could
not be maintained that the letter was
In itself proof of a conspiracy. The
nature of the order was according TO
the usual formula, to designate an of
flee known to the law, to execute the
duties of an office established by law.
1t would not be asserted that all off,
GERS appointed by the President became
his special or general agents The
President and his appoIntee were alike
omcers, and responsible to the laws,
The Managers say they expect hereaf-
after to show a connection between the
declaration of Gen. Thomas and the re.
spondent.
Mr.. Butler-I did not say here.
after.
Mr.. stanbery-Did you say you had
done it heretofore?
Mr.. Butler-No.
Mr.. Stanbery-Then II you expectto
do 1t you must do 1t hereafter and eth
er meant what you did not say. or said
what you did not mean. He went on
claiming 1t to be an unprecedented at
tempt TO build the superstructure be-
| fore laying the foundation.
Mr.. Butler replied, he said the arGu-
ment OF the responent's counsel seem
ed to show they felt the question in
volved might decide their case. The
Managers claimed the President had
long intended to violate a certain law
and he called to his aid General Of the
army; he then gave an order to Mr..
Thomas to take possession of the War
Office, which the counsel said was in
the usual form, this. he claimed, was not
| true. He had certain ear marks about
1t, which showed an unusual intent;
| the wording was "you will immedi-
ately take possession" Stanton,
when he first yielded, as he said TO
superior force, after his reinstatement
he was more strongly fortified, and nc
man not besotted could believe he
would again yield except to superior
| force; the President could not have ex-
| pected him TO yield otherwise; the
President intended to do an unlawful
act, and Mr.. Thomas consented to aid
him; thus a conspiracy was constituted
On this ground the managers claimed
their right to introduce the testimony
or question; they also claimed it on the
| ground OF the relation existing between
| the President and General Thomas, Of
principal and agent, the commission tC
do just what the President wanted him
to do-rise and obtain possession of the
War Office. The declaration of Gen
Thomas was about the common OBJ
jections made to a man whose SUPPORT
he was trying to secure.
No objection was made by counsel
yesterday, to the introduction of testi
mony relating to what was done by
Thomas in the'War Department. Thl
President was not there.
l Mr.. Stanbery-General Thomas wal
then acting within his authority.
Mr.. Butler continued and cited the
authorities to support his views re
garding the admissability of the decla
rations in proof OF the conspiracy
made by one conspirator in the absenc,
ofanother. Heproceeded TO state they
proposed to show through the evidenci
under discussion, that Gen. Thomai
intended to use force, but was prevent
ed by the arrest, He referred to thu
remark Of Mr.. Stanbery, that they hat
now reached points or law worthy Il
be argued by lawyers to lawyers; they
had already had questions worthy O
debate by statesmen to statesmen, ant
he (Butler) protested against narrow
ing the subject down to the argumen
ofattorneys.
Mr.. Curtis rejoined that 1t was ,
sufficient objection to the first part O
the question to be submitted, that thu
evidence sought to be introduced wa