The New York herald., 1868-04-29

Thomas on the 2ist and 22d of February, including
his appearance at the masquerade With regard to
the defence set by the President that he has right
10 ress, anu ofng 10 !nd,e ,s aeEsloa laws ne con
that no provisions of the Constitution required such
Judicial confirmation and that extreme cases OF
clearly unconstitutional laws were not suppOsabe.
He would admit that the Senate Is now sitting rs "a
court, but 1t was court holding exclusive jurisdc-
ton, which could decide this whole matter according
to its own IDEAS guided but not bound by precedent
and laws. Mr.. Williams then argued that the sus-
pension OF Mr.. stanton was made under the Tenure
OF once law (which the President thereby recognized.
He then maintained that the ayernent OF evil Intent
was not necessary in this case In all Others 1t was
inferred from the act itself Comparing the conduct
OF MIR. Johnson with that of James the second, he
said 1t only now remained to see whether the paral
lei would be completed. He contended that the
safety OF the people, the supreme law was the only
law by which this case should properly be tried 1t
was betled by trivial and mpertnent legal techni-
cates and he besought the Senate TO take the
larger view. In regard to the eleventh article he
had not the heart TO dwell upon the dsgraceful
duct which formed the subject II the President,
like his counsel, made merry over it, he would only
say that Nero llddled While Rome was burning and
that one culprit would ind In the Senate censor
more stern than Cato In conclusion he said the result
OF the trial would determine whether the President
or the Senate would go down. and depicting series
OF fearful consequences, which, he said, would follow
from the acquittal. He contrasted them with u
glowing picture Of peace prosperity and happiness
TO result from the PfesidellPs conviction.
Mr.. Williams concluded his remarks at 1:4o p. NJ.
when, on motion OF senator Johnson the Court took
recess OF fifteen minutes which, as usual was
spun out to half an hour.
MANAGER BuTLER'S EXCEPTIONS TO A PORTION OF
Mr.. NELSON'S ARGUMENT. -.
After recess Mr.. BUTLER said, l ask leave, Mr..
President and Senators to make short narration Of
facts rendered necessary by what fell from Mr.. Nell
son, OF counsel for the President in his speech of
Friday last, which will be found cn pages $50 and
$50 Of the records. l-.,t.-.--r,f
The CHIEF JUSTICE dnterrupting)-If there is no
objection the honorable Manager may proceed.
Mr.. BUTLER, continuing-And for certainty, have
reduced what have 10 say upon this matter
10 writing. Mr.. BUTLER then read as fc.
lows:-I beg leave to make variation
Of facts rendered necessary by what was said
10y Mr.. Nelson, OF the counsel for the President
In his argument on Friday last, contained on pages
SIS, $780, $50 Of the record in relation to the Hon.
s. Black and the supposed convection or some or the
Managers and members Of the House In regard to the
island OF Alta vela. This explanation becomes ne
cessary because OF the very anomalous course taken
by the learned counsel In introducing IN his argu
msnt what % ne calls & o. Facts not % one G
evidence, and upon WHICH he founded an at
tack UPON a Gentleman not present, and
to some OF the Managers and other gentlemen
members OF the House of Representatives who are
parties to the Issue here and who have no opportu-
nifty to be heard The learned counsel was strenuous
in argument to prove that this a court and its
proceedings were TO be such only as are to be had in
Judicial tribunals; he therefore ought to have con-
strained himself at least to act IN accordance
with his theory. The verlest tyro in the
lawn, law in the most benishted portion Of the
court however rude and humble would an
attack be allowed upon the absent or counsel en-
unsupported by oaths, unsifted by cross-eXamina-
tion and which those to be arected by them had no
the detail of a document sent by his client
to the Senate, the counsel proceeds in relation
to a dispute concerning the island of Alta vela
tion / can obtain, ! state that on the 9th Of
Mach, 1865, General b. f.. Butler addressed
he was clearly OF opinion that under the claim
Of the United States Its citizens had the exclusive
right to take guano there, and that he had never
Ia tn upIQ and a E,ya
long since assert the rights of the government and
sustain the rghtful claims OF its citizens 10 the pos
session Of the island in the most forcible manner
consistent with the dignity and honor of the nation
This letter was concuirea In and approved OF by John
ha%es evsns a. onm W. y Eane ad aIn NJ ia
ham on the same day OF March, 1868 The letter
expressing the opinion Of Generals Butler, Logan
and Garfield was placed in the hands of the PreA-
dent by MI. Chauncey Black, who, on the 10th of
March, 1885, addressed letter to him in which he
enclosed copy OF the with the concurrence of
Thaddeus Stevens, John A. Bingham, j. q. Blaine J.
X. Moorhead aud William IL. Koontz; and while
Judge Black was counsel for the respondent in this
cause he had an interview with the President, in
which he urged immediate action on his part and the
sending an armed vesselsto take possession Of the
Judge Black ON the 10th of March, 1858, declined to
appear further as his counsel In this Such the
facts in regard to the withdrawal OF Judge Black,
according to the best Information can obtain. SO
far as the President Is concerned, the head and front
Of his Offending hath this extent no more It IS not
Black, OF make any rejection upon or imputaJiOns
against any OF the honorable Managers. The island
of Alta Nela or the claim for damages is said TO
amount in value TO more than million dollars, and
it is quite li iy st extensive speculation is on
foot have no reason to charge that any of the
Managers are engaged in it, and presume that
the letters were signed, as such communica-
tions are often signed by members Of Congress-
through the Importantly Of friends. Judge Black,
no doubt thought Ii was his duty to other clients TO
press this claim But how did the President view IL
There two or three facts to which desire to call
the attention OF the Senate and the country In con-
nection with the recommendation. They age:--First
that they were all gotten up after this Impeachment
proceeding was commenced against the President Of
the United States. Keep the dates In mind, and you
Will see that such Ia the fact; every one Of them
gotten up after this impeachment proceeding was
commenced. 1t cannot fail to be evident thai while
the counsel disclaims any mpuiation either upon
Judee Black or the Managers in words he so states
what he claims 10 be the facts TO convey the very
impuation disclaimed. Therefore it is that have
felt called upon TO notice the insinuated calumny
Ny personal knowledge OF matters connected with
the island Of Alta Nela Is very limited. Some time
in the summer Of 1867, being in waiting on other
business In the office OF the Attorney General,
Mr.. Stanbery, was present at an argument by
Judge Black in behalf OF the American citizens
for the first time. learned the facts agreed
upon and in dsputl concerning by listening to and
Incidentally takns part on being appealed 20 in the
discussion. In February last my attention was next
drawn 10 the matter Ol the speculation and mprson-
ment of American citizens upon The island of Alta
vela, by an inquiry of personal friend, Colonel
Shaifer, If had any acquaintance with the ques-
tion ana If 50 would give him my opinion as lawyer
upon the merits Of the coat oyersy. To SCI We friend
simply upon recollection a the discussion
with the Attorney General, I gave him snch
copied signed and placed In his hands, This
believe to have been In the early part OF February
certainly before the act was committed by Andrew
Johnson which brought on his impeachment. From
tIat time until saw my opinion published I'm the
NEW loRK HERALD, puiportin9 TO come from Presl-
dent Johnson never saw IL, or commune atcd with
either OF tn gentlemen whose names appear In the
counsel's statement attached thereto, in any manner
directly or indirectly, In regard TO ii OF the subject
matter of It, the island OF Alta Nea. or the claim