Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-22

eisely as 1t 10 understood by the House OF
hfpresennnses to-day, precisely as it Is pre-
and by the Managers before this Senate,
| ne, upon has own opinion that
the same was unconstitutional deliberately,
| M1ifuiiy and Intentionally tisregarded it,
The learned coansei say that he had A right 20
| violate thhs Law for the purpose of obtaining
judicial deter mination. This we deny. The
| CONSTITUTIONAL duty Of the President IL TO obey
| and execute the laws. He has no autborIty
under the Constitution, OF by sny law TO enter
INTO any schemes or plans tor the purpose OF
Nshhe tbs validity OF the laws Of the country,
| either Judically or otherwise. Every law OF
| congress may be decided in the courts, but IL
Is not made the duty of any person 10 so test the
iaws, ana the effort is especially offensive in
the hief Magistrate OF the country 70 attempt
by any process TO annul set as ids or defeat the
| laws W hieh by his oath be il bound To execute
But his alleged purpose to test the law an toe
courts Is shown TO be a pretext merely Upou
his own theory Of his rights ne could have
instituted proceedings by information an the
nature OF qsso scorrunfo agansi Mr.. stanton on
menths have passed and he has done nothinS
whatever When by DIR. Stantons action
Lorenzo Thomas was under arrest, and pro-
tested the legality Of the tenure f-ofiice act
Dlr. Cox, the President special council l. mo we'd
TO nave the proceedings dismissed, although
Ihomas was al large upon his own recogni-
zance. Can anybody believe that IL was Mr
Johnson's purpose 10 test the act i'm the courts
But the respondents insinceuty, his duplicity,
IA
General Sherman in January last. sherman
says, Il asked him why lawyers could not
make case, and not bring me, or an officer
into the controversy His answer was, that il
was found impossible. a case could not be
mede up;' but said he, If we cen bring the
case to the courts, it would not stand half an
hour"
Saying the Managers had fully sustained the
three first articles, MIR. Il. passed to articles
iour, nye, SIX and seven, (the conspiracy ar
tcles,) the fourth and sixth articles b ing laid
II. In
reply 10 the Presidents counsel, who alleged
that articles five and seven We're not based ON
any law whatever, he said those articles set
forth offences which are punishable as mi sca-
meanors by the laws of the District, which
laws he quoted. Reviewing the Law and the
evidence on the conspiracy articles at lergth,
he said it being proven that the respondent
wss engaged in an unlawful undertaking In
his attempt TO remove Mr.. Stshton from the Of
nee OF Secretary for the Department OF War
that by an agreement or understanding between
Gen. Thomas and himself, they were to Coop
crate IN carrying this purpose into execution,
and 1t being proven. also, that the purpose At
self unlaw full, all the elements of a con-
spiIscy are fully established, and 1t only re-
mans 10 examine the testimony in order that
the nature of the conspiracy may more clearly
appear. and the means by which the purpose
was TO be aeeompli shed may be more fully
under TODD.
Nj. b. then reviewed az great length the
Presidents action in reference TO the War De-
pariment the surrender of the W.r Office by
Gen. Grant I'D Mr.. Stanton; the Presidents an
dlenaiion towards the former; his subsequent
offers of the War Department TO Gen Sherman
and Gen. Lorenzo H. Thomas. &c. Being dis
appointed in his unlawful undertaking. said
Mr.. Boutwell,, nothing remained for the re-
spondent but 10 seize the Office by an omen.
willfuI, defiant violation of Law: and a. il was
necess aTy for the accomplishment of mis- pur.
pose that he should obtain the support of some
one, and as his experience had satisfied hirn
that no person Of capacity, or respectabillty
or patriotism would unite with him in his un.
lawful enterprise. he sought the assistance and
aid OF Lorenzo Thomas. This man. as they
had seem him, Is an old man, broken man, a
vain man, a weak man, utterly incapable of
performing any public service whatever in a
manner eredltable to the country; but possess
ing, neNertheiess. all the qualities and charac-
terls,its Of subseryient instrument and
tool of an ambitious, unscrupulous c-imi-
nal h He readily accepted the place
winch the President offered him. and
that he threatened to use force there Is no doubt
IRON the testimony flor he has himself con-
fessed substantially the truth of the statements
made by all the Witnesses for the prosecution
who have estified To that fact These state
menis Were made by Thomas or after the
21st OF February, hen he received his letter of
anthoiity, In writing, to take possession OF the
War Department The agreement between the
President aud Thomas was cons ummated on
that day. With one mind they were then, and
on subseq uent days. engaged and up 10 the
prssen time. they are engaged m the attempt
to get possession of the Wa department Mr
Stanton. as the Senate by its resolution has de-
clafed, being the lawful Secretary of War this
proceeding on their part was an unla " full pro-
eeeding. Ii had in view an unlawful purpose
II WAS therefore, in contemplation of the law
a conspiracy, and the President rs conseouentIy
bound by the declarations made by Thomas
IN regard 10 taking possession Of the War De-
The President has sought to show h,s rood
intention by the fact that, the ED or the Path
OF February, he nominated Hon. Thomas Ew-
Irg, Sr- as secretary for the Department of
War. 1t was the old game Of the President
the ofhce IN the hands of his own tool or in the
hands OF man who would gladly yacate il at
any moment This was the necessity OF his
position, and throws light upon that part of his
crime which IL set forth IN the eleventh article
For, In tact. his crime is one-the subversion
OF the Government. From the nature of the
case We are compelled TO deal with minor acts
OF crin1nality by which he hoped to consum-
mate this greatest of crimes.
In obedience to this necessity he appointed |
Grant, hoping TO use him and his Influence
Win the army, and failing IN this, 10 get pos
session OF the place and fill IT with one Of his
own satellites. Foiled a Id disappointed in this
scheme. he sought to use. first ciene al Sher-
man, then General George H. Thomas. then
Hon. Thomas Ewing. ST., knowing that neith-
er OF the sc gentlemen would retain the Office for
any length Of time. There We're men in the |
country who would have accepted the Office
aud continued in il, and obeyed the Consti.u-
ton and the laws. Has he named any such
person; mas ne suggested any such person. His
appointments and suggestions OF appoin lments
nave been OF two sorts-honorable men, who
would hot continue in the otfice, or dishonor.
able, worthless men, who Were not fit to hold
the office.
Mr.. Boutwell, cited other actions Of the Presi-
de 10 prove his criminal intent. He then re-
ferred TO the 10Th article, saying they did not
arraiRn the President for words spoken. but
the charge in substance is, that a man who
could utter the words which. as is proven. were
UTTERED oy him. is unfit for the ofice he holds
he reviewed the cases OF Judges Chase and
Humphreys for a similar offence at length, and
quoted from the Presidents speeches on his \
western tour, He said the evidence which has |
been submitted by the respondent bearing upon |
the 10th article, indicates a purpose. in GU |
meDt, to excuse the President upon the ground |
that the remarks Of the people stimulated. irri-
tated, and excited him 10 such extent that he |
was not wholly responsible for what he said
III this We're true, II would exhibit great weak
ness OF character; but q matter of fact il is
not true. The taunts and gbes Of the people
whom he insulted only drew from him those
dt clarations which were In accord with the
purpose of his life.
The Hth article was then reviewed and the
evidence quoted BY MI. Boutwell, to show
that il was the Presidents purpose to deieat
the congressional plan Of recons truction Pur.
suing the subject further he said. It was easy |
10 discover and comprehend his entire scheme
ofcriminal ambition. IL was no less than THIS.
To obtain command Of the War Department
and OF the army, and by their combined power \
to control the elections of ls6s in the ten States
not yet restored to the Union. The Con eres- |
slonAl plan OF reconstruction contained As an
eesential condition the extension of the elective
franchise TO all loyal citizeus ana f,,a Il