The New York herald., 1868-04-11
In PEACH ! n! D IT,.
CONTINUED FROM THIRD fsGE.

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eSs . discuss and them eeyas well 70 control
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.gressing party.
These observations OF Mr. Madison were made In
reference to the freedom OF the press. There were
Two views entertained at the time when the SeditiOn
laws were passed concerning the powers OF Con-
gress on that subject. One view was that when the
constitution spoke OF freedom of the press 1t referred
70 the common law definition to ascertain what that
freedom might be. That was the feeling In part
which Mr.. Madison was contr0verting in one of the
passages which | have read. The other view
not be followed, and that the freedom pro-
vlded for by the constitution, SO far as the
aSso,n,. aSsaSn Of Congress was concerned. was an
That freedom OF speech, In contradistinction to
written libel, could be constrained by law OF Con-
gresS FOR whether you treated the prohibition In the
constitution as absolute in itself, or whether you
refer to the common law for the definition Of its
limits and meaning, the result will be the same.
Under the common law no man was ever punished
crimlnaiiy for spoken words II he ISLANDERS his
Dor in damages But there was 'Io no such thing
at common law as an indictment for spoken
words. So that this prohibition in the constitu-
fion against any legislation by Congress In
restraint OF freedom OF speech Is necessarily an
absolute prohibition. Therefore this Is case not
punish the act but it is a where Congress is ex-
pressy prohibited from making any law to operate
rived as the Managers imagined it should be, from
the WILL or sense OF the propriety or expedency of
each senatori The only rule, he says, which can be
properly applied Is that we must require the speaker
TO speak properly. Now, who are to be the judges
whether he speaks properyf In this case they are
of the House Of Representatives of the United States
AND that Is supposed to be the freedom OF speech
secured by the absolute prohibition of the constitu-
tiOn That is the freedom of speech Senator'S in
consequence OF which thousands of men were brought
to the scaflod under the Tudors and Stuarts. That
Is the same freedom of speech which caused thou
sands OF heads OF men and women to fall from the
gullotlne in France. That is the same freedom of
"order to reign in Warsaw" Is that the freedom of
speech intended to be secured by constitution,
judges Mr. Chief Justice and Senator'S, will de-
tain you but a very short time with few observa-
tions concerning the eleventh article They viii be
article, as ! understand it, contains moth
Is before us that the tenth and eleventh articles were
adopted at later period than the preceding nine
articles. suppose that the honorable Managers,
looking over the work they had already performed
and not feeling perfectly satisfied to leave the matter
IN tne shape In which 1t then STOOD came to the
clusl0n TO adopt this eleventh article and they have
compounded 1t out of the materials which they had
previously worked up into Others In the first place
thing about them" Accordingly thew began 'iIH with
the allegation that the President at the Executive
without giving his words, they attribute
to him certain intention to declare that
mesnnS Is was az the not Congress s within the
In his answer, and there is proof to support the
allegation. The President, by his whole course of
conduct, has shown that he could entertain no such
Intention He has sustained that fully in the answer
and do not think it necessary to 60 into 1t here.
Then they to the old subject Of the removal of
Mr. Stanton: They say that the President made this
speech denying the competency of Congress to legis
tase Win an intent and following up his intent en-
discussed that and will not weary the attention OF
the Senate by doing any further Then they say he
deavOring to get possession of the money appropr-
ated for the military service OF the United States On
that, too, have said all that desire to say. Then
they say he made IL with the intentto obstruct what
Is called the law for the better government Of the
s tey ss passea Marca 1857. ana IN support OF
PARSONS TO him. and an answer TO that telegram from
the President on the subject OF an amendment to the
CONSTITUTION OF the United States, which kilograms
were sent in January before the March when this law
came into existence and so far as know this is the
only proof they have offered this subject leave,
therefore with this remark that article to the consd
Grafton OF the Senate 0f the United States 1t must be
unnecessary for me to say anything concerning the
Importance Of this case not only now, but in the fu-
ture 1t must be apparent to any one In any way
concerned or In connection with this trial that II Is
has been or can ever be expected to be found OF
American justice or OF American injustice-of that
Justice which Mr. Burke says Is the great standing pol
Icy OF all civilized natons OF that injustice which Is
certain to be condemned, which makes ever the
wisest man mad, and which in the fixed and una
terable order Of Gods providence sure to return to
plague the inventor.
Mr.. Curtis here resumed his seat, and the Senate,
at twenty minutes past two O'Clock, took q recess
Tor fifteen minutes.
Testimony for the Defence.
EXAMINATION OF ADJUTANT GENERAL THOMAS.
After the recess Major General Lorenzo Thomas
was called and took the stand in military costume.
lie spoke very fuentlv and readily, but at the same
time with such indstinctness that the following
report of his testimony Is imperfect in many in
stances:-
Question by Mr.. STANDERY-General Thomas, will
you state how long you have been In the services
The answer, which was lengthy, was inaudible in
the gallery. The concluding words were, "And have
been in the army since that date.n
O. What Is your present rankf A. am Brgadier
q. What date does your brcYet bearf A. / really
forget.
q Do you recollect the Year, A. 1t was after re-
turned from one OF my Southern trips In 1868.
O. During the year. A. Yes sir.
q Towards the closer A. Towards the close oft.
O. When were you first appointed Adutant Gen.
eral A. The 7th OF March, 1867.
O. On what service were you during the war, gen.
eralys Give us an an ia, idea OF your service During
ron was nominated Adjutant General; accompanied
him on his Western tour to Missouri and Kentucky:
He then returned, and, after making the report, he
left and Mr. Stanton was appointed l remained In
the Department time after Mr.. Stanton was ap-
pointed. The first duty think he placed me-not
rom the ofce-that is one OF the duties-he sent me
down on James river to make exchanges of prison.
ers Of war under the arrangement made by General
Dix.
Mr.. BUTLER-what is the object of thats
Mr.. STANBERy-To bring round the reasons why
ss,ear
position.
O. What was the next service9 A. went twice
or three times to Harrisburg to organize volunteers
and to coreect some erroneous-nOt erroneous ex-
acty but In order to put skeleton regiments together
Once to Philadelphia and twice to Harrisburg. was
sent to Harrisburg also at the time that Lee was In
vading Maryland and Pennsylvania. Afterwards I
was sent down on the Mississippi river.
q. what was your duty theref A. NY duty was
threefold: FIRST to inspect the army in that mart of