Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-04-02

4 AAE Vi tut 1OGAAGA WE5 ~Al1UEAet4 WAL,
and it resolved itself into q Committee o.
the Whole and proceeded 10 the Senate
chanber,
SENATE,
At four minutes past twelve the mar
ayers, the House 90 q Committee OF the
Whole, and the Presidents counsel, hsv-
ing taken their usual places, the Court OF
impeachment was called 10 order by the
Chief Justice, sud tie minutes Of yester-
days trial read up to fhs mention OF the
vote cast by Chief Justice Chase, 20 de-
eide the tie vote on the question Of re-
firing for deiibeTstion, when Sumner
made . motion TO correct the journal
10y inserting as al expression of the
Senate's opinion that the said vote
Of the Chief Justice was unauthorized
ana Of ~ effect, and said, "on this mo-
ton I demsud the ayes aud nays,u which
we're taken, and resulted as follows {
Yeas, q Nays, p. So the motion was
disagreed to.
The question as to the sdmissability OF
Bdrleigh's testimony about the e0nyer-
sation between him and Gen. Thomas,
was then submitted TO the Senate, by tue
Chief Justice, but before the vote was ia
ken, FTeinghuysen inquired "if the
managers intended to connect the testi-
mOny Of the witness, with the respond
eDtis."
RutleF answered aEirmatiVely.
StEnbery then rose and said that tue
Court had az length reached the domain
Of law and Question requiring careful con-
sideration and argument. he stated the
question to be, whether or not the de-
elarations of Gen. Thomas were to be
used against the President, though not
proven to have been authorized by him.
1t is alleged that the QrdUdms13 OF the
offence charged IN the first three articles
consist in the issuing by the President Of
tde l9tter of authority to Gen. Thomas.
In the fourth article, the offence charged
is g conspiracy with Gen. Thomas to OBJ
tain, by force and intimidation, the
Office Of Secretary Of War. These were
the only articles whose consideration
was necessary as yet. We have no proof
of anything said by the President before
or after giving this letter OF authority.
The purpose OF the present attempt was
to show the Presidents intention in Is.
suing ii, by the production of ~irrevaieut
testimony about remarks made by Gen. /
Thomas without authority of the Presi- |
dent.
The Presidents intentions should oplv |
Ven oAEEE " tie DGuEIE LnHDn~ I
The order and letter of anthoritv |
given to Gen. Thomas did not make him
a general agent Of the President, as thew
authorized him 10 90 only certain gpecife |
When the proper foundations of
the proof OF q eopspiraey Is laid, tben
the declarations Of one Of the supposed
coDspirators may be demanded. to ipnIi-
cate the accused, and hen only. In this
instance, 10 such Foundation of uroof las
been laid and even If il were admitted
he denied, that the letter Of an.
constituted relation between ths
President and Gen. Th0taEs, OF prinei-
psi and general agent, it could not be
that the letter was In
itself, proof Of a conspiracy. The nature
II the order was according to the usual
to designate an officer, known
the law, to execute the duties OF an |
established by law. It would not
le asserted that all the officers appointed
,y toe President became his special or
agents. The President and his
lppointees were alike officers, and re-.
ipOnsible to the laws. Tie managers saw
hey expect hereafter 70 show a c%onnee.
ion between the declaration Of Gen.
and the respondent.
Butler-I did not say hereafter.
EtankeTy-Aid yoq not say You bad
lone IL herstoforeg
Butier-No.
After considerable discussion between
he managers and the Presidents coun-
eI, the yess and nays were demanded
nd taken-yeas SO, nays II.
Burleigh was tAan called, and said
hat on the evening Of the glst OF Feb
uary, be went to see Gen. Thomas at
lis residence, and he told him that he
Isi been appointed Secretary Of War
d interim, and bad gone to the De-