The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-11
IMPEACHMENT TRIAL,
GENERAL THOMAS'S EVIDENCE
ADMITTED-42 to 10.
Sumner Leaves the Extreme I'm
peachers for tho First Time.
4RGUMENT OF JUDGE CURTIS
General Sherman to be Examined.

WASHINGTON, April lo.-Nothing was done
in either House this morning previous to i'm.
parchment. Judge Curtis proceeded with his
argument for the defence.
General Thomas will be the first witness for
the defence that will be examined.
Second Dispatch.
| WAsHISaToS, April l0.-Judge Curtis closed
his speech ut 2h o'clock.
Judge Curtis continued his argument to-
day on the theory and practice in vacancies
and appointments, claiming that the evidence
would show several instances in all points
| like that Of Stanton and Thomas. He insist.
ed that Thomas was not appointed-an ap-
pointment requiring the Presidents nomina-
| ton, and the Senate's consent, and the Presi-
dents commission. He characterized the al
legation that no vacancy existed as begging
the question. The legal vacancy existed the
moment that Stan ton received the letter from
the President. Recapitulating his argument,
Curtis claimed the Managers had not shown
that the President had violated the Constitu-
ton and laws.
He proceeded to argue the conspiracy
charges in the fourth and sixth articles-the
charge of violation of the conspiracy laws of
provisions apply to States and Territories,
and are imperative in the District Of .Colum-
bia. Judge Curtis did not, however, rest on
this technicality, but argued that in law the
preliminary movements of principal and
agents to bring before court q private claim
purged their actions of conspiracy. He claim
ed that this was applicable in a broader sense
10 public rights. The relations Of superior
and inferior officers also precluded the idea OF
conspiracy. ..
Judge Curtis answered the fifth and Sc
venth articles in connection with the tenth,
in none of which, is charged violation of any
law. The ninth article not only failed of
proof, but was disproved by General Emory
swearing that he introduced the Objectionable
| topic, and drew out the Presidents opinion.
1t would be shown in proof that the Pres-
dent sent for Emory for different purpose
from that alleged in the article. Arguing the
tenth article, he discussed impeachable
| offences. Without vexing the ears of senators
with presidents from the middle ages he
would refer to the provisions of the Consti-
tuition, whose trainers knew quite as much rs
men who lived in the time of the Plan tage-
nets. "Other high crimes - must be equally
grave with bribery and treason, or must be
offences against the United States. The Pre-
sident is empowered to pardon all. offences
| against the United States, except in cases of
impe achment.
Curtis claimed that he had shown fully
that the court was bound by the law, and was
not itself law maker. He cited the old
ing that truthful utterances, however often
sive, were not punishable. The peculiar
manner in which this charge had been brought
showed that Congress is resolving itself into 4
| school of manners He insisted that telling
the truth about officers is not an offence
against the law, and the truth in this case had
not been questioned
The testimony of General Thomas to-day
| told nothing new beyond that the President
| had not instructed him to use force. When
| he was arrested, he went first TO the Presi-
dent, who said that he was right The case
was now in court, where he wanted it.
The ruling of the Senate az to 10y will let in
| the evidence of General Sherman and the
Cabinet officers.
| General Thomas was called for the defence.
He was stopped by the prosecution in de-
scrbing his interview with the President
when the orders of removal and appointment
were handed to him. Objection was made
and the point deliberately argued by Stanbery
and Eyarts for the defence, and Butler and
Bingham tor the prosecution.
The Chief Justice submitted the question in
the first instance, and the Managers were de-
feated-42 to 10. Nays.-Messrs. Cameron
Conness, Chanler, Craigin, Drake, Harlan
Howard, Nye, Ramsay, and Thayer.
| Sumner broke ranks for the first time or
! this question.
| The Court adjourned