Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-04-16
THE RUTLAND HERALD.
MONDAY, ArEu a. lscS
,mpcashmen, Triai on rriaa,.

Mr. Curtis 10 rNlpHl Nlr HINhlNs AlAitNH
ly referring "a ~, statement made by
Mr. Butler thar the President In his let.
trr to the seer tlry gi the Treasury, lu'
forming him OF STATIONS removal, did not
claim justification ~ thr authority uls
der the Constitution. Mr. G, read the let
ter and claimed that il did specify under
what authority the President acted, lie
then discovered the charges in article see-
uud, arguing that Mr. : hal not come
within the provisions 81 the section al
legged u have been violated The first
two sections referred % removals and sus-
pensions during Il rrgcs, 81 the senate,
while the third referred Ia vacancies In
death or resignation The penalties Of
the fifth section wayr against violations Of
the third section, The present ease was
outside Of lts provisions, Concerning the
main charge in this article be- argued that
the act Of 1aj applied 10 vacanei,, Of all
kinds; and the act Of February 2uth, iSG3.
applied 10 vacancies Of ricknr,s md tenn
porary inability, and only 10 that cNtcuf
repealed the former under which Prcsi-
den, johnson had full authority for hi
acts. He also cited the acts Of 100, and
others for the authority 10 appoint Gener-
al Thomas Secrctary of Mar al LAhEi4A.
and said that the practice of the govern
mcnt had been uniform in filling vacan-
cies as soon as they occurred lie named
several instances of such action The
eighth article he claimed was met by his
answer 10 the third. and proceeded 10 con
slider the fourth article
The charge made of appointing General
Thomas without the advice and consent OF
the senate could not be sustained because
no appointment was made. a simple com.
mission 10 act dd interim was not an ap.
pointment, and could not, Of course, be
submitted 10 the Senate The allegation .
that no vacancy then existed is a beginning
of the question, The vacancy was created ,
as soon as Stanton received the order re-
moving him and the vacancy could proper.
ly be contemplated by the President at the
time of his writing Gen Thomas the letter
otau thority. Recapitulating his argument
Mr.. Curtis claimed that he had shown that
the managers could not maintain their
charge of violation Of the CONSTITUTION
and laws, and proceeded 10 consider the
various charges of conspiracy. For thi,
purpose he ,uid he would take up the
fourth, fifth, sixth and seventeenth ar
hclcs, which charge conspiracy between
the President and Gen. Thomas, TO obtain.
by force and intimidation. possession the
War Office and government property. are
based on the conspiracy act, which, by its
terms. has no application 10 any person in
the District of Columbia, for it speaks only
OF the States and Territories of the United
States. But II was not necessary TO rest
the answer upon this technical ground Ia
case of private right no one would deem
the issue OF authority to an agent 10 assent
to i sufficient basis for a charge Of con.
spiracy. Still less could it be alleged of !
public right The order was besides based t
ON the assumption of military subordina. ii
hon, and the superior and inferior officer y
TO oonspire because the latter obeyed an
order directed TO him by the former. 1t
was also impossible to show that the Pres 4
ident ever did directly, or by implication, t,
give Gen. Thomas authority to use force .
or intimidation The fifth and seventh
articles would be answered by his argu- z
ments against the tenth.
Mr.. Curtis then claimed that the charge /
made in the ninth article not only failed
OF proof, but was absolutely disproved bv
the testimony of Gen. Emory, who sworc d
to having introduced the subject and drawn c
out the Presidents opinions. 1t would -
appear in the proof that the President sent A
for him for entirely different purpose y
from that alleged in the article referred to
Advancing TO the tenth article. Mr. Curtis d
went INTO the question of "what are i'm II
peachable oifenies = The language Of the
constitution was to allow impeachment for Il
treason, bribery and other high crimes and
misdemeanors, which other high crimes I
and misdemeanors must be equally great 7
offenses, and must be offences against the Il
United States, for the President is else il
where empowered to pardon all offenses y
against the United States except in cases
of Impeachment
lie recited the various provisions relat- :
ing 10 the trial of impeachment. and
claimed that it was fully shown that this ]
tribunal was constituted for such pur-
poses--a court bound by law-and was
not law itself If it were not SO, there Il
would be no provisions forbiddng the c
passage Of bills Of attainder Nor would i
Senators, before assuming the character -
Of Judges, be required to take an oath 10
obey the constitution and laws
The complaint made in the tenth article q
Is that the President spoke disrespectfully
OF Congress. It should have been said >
'of the dominant majority" but the :,
charge Is brought forward in an extraor-
binary way for the grand Jury. As one II
body of Congress and the Tories rnnsti h
tute the other 81
Mr.. Curtis passed very briefly over the o
eleventh article. charactcri7inv it "A a 4,
f,.p al IF ~
closed with u reference to the unprcce- :
dented magnitude and Importance of the q
case, saying thar there had been and thi'rc t
could never te another occasion like this
in the proceeding with the government to =,
prove the greatness Of American Justice
which Burke saysiS the browning glory oi "
all civilization, or that injustice. which is Il
sure to return toits authors. II
The Senate. AT 2:l3, took recess for Il
fifteen minutes.
After the recess, Gen. Lorenzo Tholua,
was sworn, and on examination by Mr..
Stanbery, testified as to his rank in the
army and his appointment A. Adiutant- !
General in March, 1868. lie remained in |
Office after Mr. Stanton's appointment: -
was sent by him TO various parts OF the
country to organize and inspect troops,
Nc. lie organized about $4,000 colorcd d
troops. His last special duty as Adiutant- L
General was performed about the close OF a
1867. lie was restored to Office duty as 8
Adjutant-General by order Of the Presi-
dent, on the 18th Of February. 1868. I
Saw the President soon afterwards.
Mr.. Butler objected TO the question.
Nv hat was the conversation :"
Witness then stated that on the morn. I,
ing of February 2lst he received note :,
from the private secretary of the Presi-
dent, asking him to come Ia the White =
House. He went there, and the Pre.i. /
dent handed him papers, being letter To Ii