The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-28
Testimony Of General Emory.
The Law in Regard to Consplraoies.
Resignation Of Stanton.

wAsH1NaroN, Feb. 21-Mr. Merricl.,
| as counsel for AdjutRnt General Thorn
as. has fled a declaration in the Su-
preme Court of the District of Column
bia, bringing suit against Secretary
the damages at $3.50, 900; charging Stan.
ton among other things, with contrIv-
Ing and wickedly falsely and malicious.
~ intending to hurt, injure and agrieye
said plaintiff without reasonable and
probable cause. The counsel of Gen.
Thomas have decided to make applica.
ton for writ of quo GOGTTdnto before
the District Court for Mr.. Stanton, to
show cause why he retains possession
OF the War Department. Gen. Thomas
called at the War Department about
II O'Clock this a. M, and received his
private mail, but proceeded to nothing
further, beyond repairing to the room
OF Gen. Schriver, where he remained
some time. The Secretary was in his
room at the time, but no interview
took place between him and Thomaa.
The House Committee of z were in
session all morning. No witnesses were
examined to-day. They will not re-
port impeachment articles Till to-mor.
row.
1t is given out that they have prepar.
ed six articles which are in substance
as follows:
President of the United States, is guilty
of high crime and misdemeanor in
office, in that he removed from Office as
Secretary for the Department OF War,
Edwin NJ. Stanton, while the Senate
was in session, and without its con-
sent. -
Article I'd. That said Andrew john
son, President of the United States
committed high crime in this: that
on the list day of February, 1853, he
did, in violation of the act concerning
thetenure OF certain civil offices, on the
enXo THOMAS Secretary of War ud
interim, the Senate being in session,
and without consent of the same.
"A Ar11cle 80. That said Andrew j ohm
SUI, 6Fesluent, is guilty of high crimes
n ~ Ioe, ~ tnis: that regardless of his
oath' ana IN Violation OF the Constitu-
I Ios6' ne dld on the 2lst OF February,
term, to wit: LOrenzo Thomas withont
me consent OF the Senate, no vacan
| existing III said Office of Secretary for
the Department OF War.
Af1cIe 4th. That said Andrew John.
SOL FFeSl1ent ofthe United States, was
suiIy OF nigh crime, in this: that on
the 2lst of February 1893 he conSn;red
win Lorenzo Thomas and others nm.
| knoWn TO the House OF Represents.
yves, by force, threat and Intimidation
70 prevent Edwin NJ. Stanton, Secretary
oi me department of War, from hold
lns the SAID office, in violation of the
act OF July 31st, 1861, defining conspi-
racles. and of the act regulating he
tenure OF certain civil ices,
ArlcIe 9th. That the President has
oouspLEe1 with or endeavored to induce
general officer of the army to violate
Tue attlcles of war and disobey the
Avs avs, OF the United States as authorized
4 mr. nv L,
ana to engage In conspiracy 10 Get
war office. N' Va '"e
[Gen. Emory testified that the Presi-
cent had sent for him, and inoaired
particularly about the forces under his
SS 20 !to and then asked him what
ne thought of the law requiring All
orders to the army, to pass through
army headquarters. Gen. Emory. In
reply, told HIM that his understa ndinO
him.. s'' N'-'e "
The 9th article has not been oomplet-
50: Inc committee do not take up any
act of the President prior to the re-.
moval of Stanton.
The act upon which the Sd article ia
based, Is one approved July 81, 1881,
entitled an act to define and punish
certain conspiraoies, and the part an
Plicaole to the present case is as
l
Be 1t enacted, &c., that 1.-TWO or more
persons within any State or Territory
shall conspire together by force to pre-
vent, hinder or delay the execution of
4 any law OF the United States, or by
force to seize, to take or possess anV
property of the United States, against
the Will or contrary to the authority of
OF United States, or by force, or intimi.
dation, or threat, to prevent any per-
son from accepting or holding any
once, or trust, or place of confidence
every person SO offending shall be
guilty of high crime, &c.
The recent burning of the building
on the corner of 10th and r streets
destroyed large amount of proofs and
documents In several cotton cases, pFiu-
eipally those from Savannah and
Charleston.
The House Committee to prepare
articles OF impeachment expect to re-
port in time to be ready for the Senate
by next Monday.
It Is rumored that Secretary Stanton,
at the persuasion OF some Senators
consented to resign his position. and
will do so tomorrow,
It is Understood that the rejected
Senator, Thomas, has recommended
the Maryland Legislature to appoint
montgomery Blair az his successor.
ANOTHER STATEMENT.
WAsHINaToN, Feb. 26.-Gen. Thorn as
has sued Stanton for false imprisonment,
he lays his damages at S250,OOO. The
counsel of Gen. Thomas has decided TO
lVGTTGTtO in the District Court foriatan.
ton to show cause why he retains pos
session of the War Department.
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