The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-03
connect the President with the doo,oro
ton Of General Thonns

hereafter" "''>
Mr.. Stanbery did not propose to MA,
upon words, but the MANAGER said h.
"ou," connect the President with Gene
raj Ihomas's declarations. AS the conncc
'ion had not yet been made, the prcsump
l"n was that it was to be done hereafter
unless the Manager was to be understood
as saying one thing and meaning another
We have had no reason given WHY VT
should know that the necessary conncc
ton would certainly I've made. 1t is the
clear duty of the Managers to show the
conspiracy III the first instance. What i.
10 prevent them from doing that and
showing TO the court that the President
did tell General Thomas to use force tc
obtain possession Of the Department
" ny not lay the proper foundation? IL il
the purpose of counsel TO give us the su.
pcrstructurc first and the foundation after.
wards Until the proper foundation is
lald, or q statement is made upon the
honor OF counsel showing how the conncc.
ton is to be made, the counsel for the &C
cuScd feel compelled to object to the re.
ception of the testimony.
Mr.. Stanbcry here resumed his seat.
Mr.. Butler after waiting Il momcnt)
SAID he sho0li insist upon the enforce.
mcnt Of the rlle, which required counsel
to cite tneir authorities, if they had any
before : reply was made.
Mr.. Stanbery Mr. Chief Justice, will
allow this question to stand, without citing
or producing any authorities.
Mr.. Butler said that this question had
been argued at length by the counsel for
the accused but they no doubt felt that
upon the decision OF this question, and the
testimony to be offered under it, rests
largely the fate Of their client. The ques-
ton is certainly grave one, and he would
therefore ask the attention Of the court to
some considerations which to his mind were
conclusive, but before doing so he pro-
posed TO look at the exact state of the
case. 1t appears that upon the 18th day
OF August last past, and probably before
that time, the President conceived the idea
OF removing Edwin NJ. Stanton from the
office of Secretary Of War, at all hazards,
claiming his power and right to do so
against the provisions of the act known as
the civil tenure Ot-oilice act. The cues
ton that now therefore rests with the
Senate is, IN measure, to decide if that
act IS valid, and not TO be infripgad upon.
II the tenure -ot-oilice act is the law of the
land, then the President, by his answer to
the charges Of the House Of Representa-
tiveS, admits that he acted in violation OF
law, for he admits the attempted removal
Of Mr.. Stanton: and he issued his order to
General Thomas for that purpose, and for
that only. The palliation Of the Prcsi-
l., In
cial case Of this, and to bring the act to
the attention of the courts. But what are
the facts? The President issued an order,
and called to his aid an officer Of the army
to enforce that order. He issued an order to
General Lorenzo Thomas to 60 and take
possession of the War Department. The
counsel for the President says that order
was issued in the usual form, but he (Mr.
Butler) denied that such was the fact. II
was not an order in the usual form. 1t
contained the words Of imperative com.
mand. The order does not say 10 General
Thomas, YOU are authorized to take posses
sion of the War Department; but the Ian
guagc is You will Immediately enter
upon the discharge of the duties of Sccre-
tarv of War" The court must rcmem-
that the President attempted to put Mr..
Stanton out Of office last August, and Mr..
Stanton claimed his right not to be put
out: and he wrote . letter to the PreSi-
dent and told him he only went out il
obedience to superior force. The Pre- 81
dent had authorized the General OF the
armies Of the United States to take pos
session Of the War Office, and that was
equivalent to using the whole military
force of the United States; for If the
General Of the Army thought he was act.
ing in legal way to accept the Office, be
must have thought it legal 10 use the
whole force Of the armies of the United
States TO carry ont the order OF the Presl-
dent.
Mr.. Eyarts said not one particle of evil
deDce had been given in this cause bear
ing on the topics discussed by the honor
able Manager. If General Thomas is
di>graced officer, if these reviiings arc
lust, then not particle Of proof has been
adGuced here to show it. Ii 1t be so, lei
the evidence be brought forward to sus.
tain il. What is the nature OF the evil
dencc sought to be produced, that 1t car
in any way affect the President, or make
him RESPONSIBLE for anything Genera
Thomas said as to what he might oil
would do if he obtained possession OF tho
War Office
Mr.. Bingham would only make few
remarks on this point. The testimony l:
menjfeStlv admissible, as it would show the
efforts Thomas was making IN his ar
raurements with the clerks OF the wal
Office.
The Chief Justice said there was no evi
dence to show any appearance OF cohnec
,ion with the conspiracy at the time
named. and he therefore ruled out the evl
dence. If any senator desired 1t, he woulc
with pleasure submit the question to the
Senate.
Mr.. Butler would be obliged if the Sc
nate would so far relax its rule as to ALLOW
motion for submitting question to the
Senate to be made by the Managers.
Mr.. Howard asked that the question o
receiving this evidence should be submit
ted to the Senate.
The yeas and nays were ordered, ano
resulted as follows:
YEAs.-Messrs. Anthony, Cattell, Chandler
Cameron, Cole, Conkling, CONFESS, Corbctt
Crarin, Drake, Henderson, Howard, Howe
Morgan, GIorrill of Vermont Morton, NSe'
Patterson of New Hampshire, Pomeroy, liam
sew. Ross, Sprague, Stewart, Sumner, mayer
Tipton. Trumble, and Wilson-2".
NAYs.-Messrs. Buckalew, baSiS, biAoh
DooI,ttle. Edmunds, Ferry, Fessenden, Fow-
Ter. Frelinghuysen, Grimes, Hendricks, Johh
son, McCreery, Morrill, OF Maine. Norton
Patterson Of Tennessee, sherman, an VIII
kle, Nlckers, Wiley, and Willams-2o.
So the Senate decided that the question
might be propounded.
NJ Rutlrr then Dut the question.