Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-04-15

public right. The order was besides based
on the assumption of military suDoroina'loh
and the superior and inferior Ofhcer 70 con-
| spire because the latter obeyed an order d.
rected to him by the former imposshole. IL
was also impossible to show that tpe frcsl-
dent ever did, directly or by lmPlicatlon'
give Gen. Thomas authority to use force or
intimidation.
The fifth and seventh articles would be an
swered by his arguments against the tenth.
Mr.. Curtis then claimed that the change
made in the ninth article not only ialled OF
proof, but was absolutely disproved by the
testimony of Gen. Emory, who swore TO nav
ing introduced the subject to draw out the
1 Presidents opinion 1t would appear In
proof that the President sent for him tor an
entirely different purpose from that alleged
in the article referred to.
Advancing to the tenth article, MI curtis
went into the question of what are impeacha-
bic offenses. lie would not vex the ear OF
the Senate with prccedents from the middle
ages, but would refer to the provisions OF the
Constitution of the United States, whose
I trainers knew quite much as the men who
lived in the times of the P!antagenents, and
/ had made the subject clear as to require
no research beyond them. The language of
I the constitution was to allow impeachment
/ for treason, bribery, and other high crimes
and misdemeanors, which '' other high crimes
/ and msdemeanors > must be equally grave
offenses, and must be offenses against the
United States for the President is every
where empowered to pardon all otftnses
against the United States, except in cas9s OF
impeachment. He recited various provisions
relating to the trial of impeachment, and
claimed that it was fully shown that this
tribunal was constituted for such purposes,
IA court bound by law and was not law unto
there w0uld
provisions forbidding the passage of bills of
attainder. nor would Senators, before assum-
inc the character of judges, be required to
take an oath to obey the constitution and laws
The complaint made in the tenth arti-
Gle is. that the President spoke disrespect-
fully of Congress. 1t should havs been said
of the dominant majority, but the charge is
brought forward in extraordinary way,
for the grand jury is one body OF Congress.
the tricrs constitute the other.
I The spectacle is, however, that of Con-
sress resolving itself into a school of man
. ners.
AIr. Curtis then combatted the view put
forward by Mr.. Butler that it was inmate
rial whether not indecOrous expressions
were true, quoting from English statutes.
the seaition law passed during Mr.. Adams
administration, and the writings of Madison,
passages in support of his position that tell
law. Mr. Curtis then asked who we're to be
the judges of propricties of speech 1t was
an assumption of this very authority which
had caused thousands of heads to fall in
England under the TudOrs and nearer our
time in France. Freedom of speech or
dained by our constitution, and it made us
a peaceful and happy nation.
lie passed very briefly over the eleventh
article, characterizng it as n compound of
the ten preceding articles, and closed with a
reference to the unprecedented magnitude
and importance of the case, saying that there
{ has not been. and there never could be another
occasion like this in the proceedings of this
government to prove the greatness of Amer
lean Justice injustice that Justice which
Burke says is the crowning glory of all civil
lizAtion, or that injustice which is sure to
return to It's authors.
The Senate at 2:l5 took recess for fifteen
minutes.
After recess Gen Lorenzo Thomas was
f sworn, and on examination by Mr.. Stanbery
testified to his rank in the army and his
? a,,f,ointlt,ont Ad diut,.rrt General IN March
1861. He was restored TO office duty Ad-
iutant General by order of the President
Feb. Is. lS6S saw the President soon after
r ward.
t Witness then stated that on the morning
of Feb II , he received a note from the pri
= vate secretary of the President asking him
to come to the W hite House he went there
and the President handed him papers, being
a letter to Mr.. Stanton and his own letter o
authority; never saw the papers before anC
' had no hand in preparing them. The Pres
ident said to him - intend to support tn,
constitution and the laws, and | expect yol
to do the same The witness then went t.
= the War Department with Gen. William
: and demanded possession. Mr.. Stanton
asked HIM if time would be granted to remov
his papers. Gen. Grant was present and h'
showed him his appointment as Secretary a.
e interim. The witness then retired to hi
= room on the floor below. The same day h
received Il letter from Mr.. Stanton, forbiddiny
t him to issue any orders as Secretary of Wa
= al interim, which letter witness proceeded t
read.
E Mr. Stanbery asked what was said in tn
: conversation which took place between hin
t and the President subsequently, on the SAM
= day.
@ Mr. Butler objected, and argued at SOM
D length that the conversation relating to al
= act could not be put in evidence if it occurre
9 subsequent to its commission.
| Chief Justice Chase then submitted to tn
Senate the question admitting Gen. Thomas
/ testimony in regard to the conversation, an
the yeas ana naVs resulted ~ to 10. so tn,
c evidence was admitted.
Witness stated to the President that h
+ had delivered his communication to Nj
u Stanton and told him what answer had bee
u made. Tho President then said to him
u Very we'll; 90 on, take possession an
o obey orders" This was all that occurred
J Did not see the President again that evening
u Next morning witness was arrested wen
Il with the Marshal 10 the White House tol
the President he was in custody and on wha
charge. The President replied, "Very wei
s that is Just where | want it-in Court
: Witness then left at the hotel. On gi,
&c ing bail he asked Judge Carter if he was i
c the meantime suspended from his functions
/ Judge Carter replied in the negative, an
g explained the effect of giving bail. Witnes
/, then narrated the circumstances and converse
1t ton which occurred after he went to tn
n War Office the same morning after the men
; bers of Congress who witnessed his intel
n view with Mr.. Stanton had retired Ger
1T Thomas said to Mr.. Stanton, 1.-the ne,
ii time you have me arrested do it after breal
fast; | have had nothing this morning to ea
o or drink" Uaughter.) Mr.. Stanton the
n in playful manner ran his hand thtouG
Is witness hair and said, "Well, General,
e think we have little something here.
l. Whereupon Gen. Shriver produced sma
It bottle and Mr.. Stanton divided its contents
q about spoonful-into two parts, and the
;; took a drink together. Subsequently som
q full bottles were brought in, and this was a
y the % force = that was used that day. (Grea
a Laughter.)
= Mr.. Stanbery asked if the President ha
y ever directed him to use force, intimidatio
or threats to obtain possession of the Wa
Department?
tblontInns hnIn do fho or Of