The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-14

uely discharged and 90 Free not bound over to keen
show you. discharged for the very purpose OF pre-
venting the presentation OF the habeas corpus, that
Court of the United States the only legal way in
which decision could be reached. Senator'S Is not
Mr.. BurLER-Mr. President do not mean to trouble
the Senate with more than one or two statements;
First, II Is said that Mr. Thomas was discharged
wholly That depends upon the Chief Justice or the
Court. II We are going to try him by Impeachment
wait unf after we get through with TINS case; one
trial at time Is sufficient Because he dd MS duty
under the circumstances Mr. stanton, nor you, nor nor
anybody else has any right TO condemn the ac OF me
Chief Justice OF the Supreme Court is amply able TO
do It, Then there IS another point when LAWS Wlsn S you
TO take into consideration. AS 10 ue oIa''u .nas
General Thomas had become good ct GU, a nave
not agreed to, and do not believe tnat anyDouy
else has. He himself says that on the NEXT morning
he agreed to remain neutral, and they took drink
together; that next morning ne aeIeeu ~ S'vp anu
take drink and remain neutral. tLauenterJ A.,
Mr. STANBERY-Then Stanton took drink with the
great criminaf =,
tool that's ali The thing was settled. The poor old
man came and complained that he hadn't had any
gave him n"s something to drink. He says from that
hour he never had any idea OF force. Now. want TO
that is that they did not bind him to keep the
peace. He said he was not told to Keep
tine a ps sa ana he said thee a @
This don't interfere in any way with your duties as
Secretary Of War; But there is still another point
book since year ago last month, and the learned
Attorney General who sits before me has never put In
Mr. srANBERY attempted to say that he had pre-
| pared q quo tcdTrdntO.
Mr.. BUTLER-I have never heard Of 1t; but i win
be the nrst exhibition that was made before
| court OF the United States. Where Is there quo
,oarrGnto filed in any court? Where Is the proceed
Did he ever take one? He Is the only man In the
United States that could file quo tcdyranto and ne
KNOWS II. Heis the only man that could Initiate TINS
proceeding, and yet 1t was not done; and he comes
and talks about putting in the qnarreis OF
inter atlas in this matter They have nothing more
to do with this case than the fact which the Pres-
dent with the excellent taste OF his counsel, put in
evidence against my objection, that Mr.. Stanton
had when this man was suffering from want Of
breakfast given him drink. rink. =. , ,,. T.,
writing and read by the clerk, and the Chief Justice
was understood to decide that 1t was admissible.
Mr.. BUTLER-Does your Honor understand that
| the affidavit Is admitted?
| The CHIEF JUSTICE-Yes.
Mr.. BUrLER-l heard one Senator ask for the ques-
The CHIEF JUSTICE inquired if any Senator asked
Senator CONFESS replied in the affirmative.
The CHIEF JUSTICE stated the question to to-, be t on
! were admitted by the following vote:-
ss eTasa. Sssiss' s ,S
y u q MS Fs,,
S6s5man, sumner, TrsmSuil Van wnEs vicEers' Whey
NAYS. senators Cameron Chandler Conklin, CONFESS,
nSn pSS and Morgan
The papers were then read in evidence.
Question by Mr.. SrANBEREY. | see this is the
| Q. Are you In the habit of keeping any records
| h.r than fling the paters or did you make any
records further than filing the papers on that proceed
ing?
The witness was understood to reply in the mega
| tive
Q. Has this deiendent been discharged?
! Mr. BUTLER-That appears from the record.
Mltness,,The record shows that the docket Of the
Y. You make no record OF these papers A. NO,
| Sir, they are fled.
| O. Have you got your docket with your A. No,
| sir, the subpoena did not require it.
Mr.. SrANBERY tas witness was leaving the stand)-
| Wi you bring the docket that contains this evil
| denceY
Witness-Yes, SIR
Mr.. BurLER-Wons You extend the record SO far
as you can and bring up certified copy Of this cases
| Witness-ies, sir.
| GENERAL SHERMAN AGAIN on THE STAND
| Mr. STANBERy then called Mr.. James o. Clcphane,
but Senator Johnson sent to the chair the following
question to be put to General sherman, who then
sumed the stand:-"When the President rendered
you the Office OF Secretary of War al interim, the
eth day OF January 1885, and on the sst OF the same
month and year, did he at the very time OF making
such tender state to you what his purpose in SO doing
| competent within ruling OF the Senate.
The CHIEF JUSTICE put the question TO the Senate
on the admission and 1t was admitted by the follow
YrAssens.ors Anthony, Bayard gaekalsw Coc Davis,
kAYs-senaors Cate Chandler Conkling CONFESS, Cor
beti Crasin Drake, Edmunds, Ferry Harlan, Howard,
n%s MGran TWs r0Ys,sy sa'ey Stewart Taye
The secretary read the question put by Senator
| Johnson.
Answer-He stated to me that his purpose
| Mr.. BuTLER-Wait moment. The question is
| whether he did state 1t, not what he said.
MIR. srAxBEnY~what purpose did he s,a.c2
| Mr.. BcrLER-We OBJECT, Mr.. President; the counsel
| hal dismissed this witness.
The CHEF JUSTICE decided that II was competent
to recall the witness.
| "if lie did, what did he state his purpose wasp
Mr.. BISGnAm-Mr. President, VIC object We ask
the Senate TO that the last clause ''what did
the senate solemnly decided adversely. The last
clause now put to the witness by the honorable
say, making the Presidents declarations evidence
for hmses. II was said by my associate In the argu-
inent Saturday that II that method were pursued
In the administration OF justice and the declarations
Of the accused were In evidence for himself, at his
pleasure the administration OF justice would be i'm
senator DAvIs-I rise to question of order. 1t is
that the learned Manager has right 10 object TO a
| question propounded by member or the court.
Mr.. BINGHAM was proceeding to discuss the point
whea nc was @ oy .e UE, JUSTICE Who
ayers TO object TO o member Of the court asking a
question. 1t was, In his opinion clearly competent
Senator DRAKE inquired whether 1t was competent
for Senator TO object TO tne question being put
The CHIEF JUSTICE though not, but said that after
II was put It must necessarily depend on the judg
ment OF the court.
4 Mr.. BlNGHAM-Mr. ITcSluent nope may DC par
doned for saying that my only purpose Is TO object
10 the question: not to object TO the right Of the hon
orable Senator from Maryland to offer the question.
The point raise before the Senate Is that IL iG
competent for the accused to make his own declara-
| tons evidence for himself.
The CHIEF NEUTRALITY-SUSPICIOUS. the Chief Justice has
already said upon former occasion that for the pur
OF proof OF the intent this question is admissible
| and he thinks also that IL comes within the rule
| which has been adopted by the Senate as
| court for It's proceedings. This Is not an
| ordinary court, but court composed largely
OF lawyers and gentlemen engaged In business trans
actions. who quite competent 10 weigh the ques
lions submitted 10 them. The Chief Justice thinks II
In accordance with the rule which the Senate has
adopted iof themselves, and which he has adopted
for his guidance.
Mr.: BrrLER-Do understand the Chief Justice TO