New-York tribune., 1868-04-02

nbS as public officer 10 removal and impeachment, 70
Indictment and prosecution for anything tna ne does IA
violation OF his duty Are all the officers OF the United
states who have been appointed IN TINS way
the agents of the President, when the President gives
them a commission, either permanent or temporary
10 m vacancy, or 10 MI an ohcei Are the persons
desgnaed and appointed his agents - ne p0g % ~ ~
hint II they commit an assault and batteryls the as
eult and battery committed By himi IL they etceIa
If third parties injured by them In the exercise o e
power winch he has given them, can these tnrd parties
back upon The President rs the responsi1e party,
the principle Of responder. sHpGgT why there y no
principle OF law orJus;ice N IL lie clothes them, not
with his authority, but with the authority OF the Office
pubc officer. 70 appointed, stands under oDhgau9hs,
not to his principal not to the IreSdent ont 70 NM t1 %
itself. And il he does any act which injuries trd per
son, violates any law, IT s he WhO is fespohDe ana
not the President Senator'S should almost apo9sI%S %
lawyers, for arguing SO clear point undeIstooa tn9
learned Manager Mr. Butler to say thai they e1pSoe
Mr. BITiFR"i did not say hereafter
MT sTANBERY-Does the learned Manager say that
CIr Butler made an answer not heard by the reporer
Mr. STANBERN mean that you expect To do IT,
not that you have done u. understand the gentleman
10 say In answer 10 the question pnt ny the Sehaoi t
he did eypec. 10 show connection between the Pfesi
dent and those declarations OF Gen. Thomas II ne dl9
not that he meant nothing, or he meant one tlnS ahl
SAID another. agree that there are exceptions 10 te
introduction Of testimony IN cases OF conspiracy ana
perhaps, of agency, and that IN extreme cases
whero IL is impossible to have preliminary proof given
The statement OF the counsel made on their pTOie,onal
honor Is taken that the testimony offered intended %
be Introductory To testimony be afterWard offered but
i'm this case we have no reason why the ordinary rules
should be- expressed and why testimony which is tTlG
fqce iuadmssbe should be- offered In the assurance that
foundation VOuld De hereafter laid for it What reason
j. there ia this deviation from the ordinary rule i
matter Of for the counsel 10 begin m the wrong
end and Introduce what IS clearly inadni' sble'
stractnlS sa sr{ AND the @ rSoundaioa afterward
Was such thng as that ever heard OF repeat tbat
there may be extreme cases founded on the dtct ssu
allow testimony which il Drigu tarc biGduissibc 10 be
heard on the statement that the counsel would derNMu
,onuec h think u j. hardly necessary for me TO argue
VII. srSn5cly HAVING sat down. Mr. BUTLER rose ard
asked that tho usual rule he enforced, thai counsel ID
lu king their arguments should cite tL" authorizes ON
The (IiiFrJTsrICE remarked that that was un,
WT. sr&NBIiY 1 said, Mr.. Cb'sfJlsuee We VIII allow
this Guost ION to stand without citing authouuts.
VIZ BUTLER thcn rose and said 3ir President and
~.rator--The gravity of the question presented 70 the
I'M rlIr M l,yt knowing that urrcv Ou that question
and ON no testimony Boz udduced under ~ on one oi
staud n is tho great question and, therefore, must ask
rho attention oI tc senate and ci the dhg oEte "3
well as may, % some cOreiti tueAs Ni'' L!J 'F4
determine. But before do ihat be- leave to .,' .La
exact Status %. thc case Up to the point 40 wheh iAt
question IA spropoundcd ana may -ay, Wilton. olsn5e
- the learned counsel Tor ihe fft-lt' lnat n
the objection they have ,ututy ignored Tie answer o
the President 10 alIr-, titl .-at - 1 ' 49,, % ~, ~
10Th ~ August last ie fr'sifht conc ciN'" lo ~ !"
removing Edwin VI stanton from the Office 'i secretary
% War at a hazards, claiming The fshl ana poN'r 20 90
Tenure Of ONCE Act" Therefore the decision of the Glr
Ui itS aspects viii decide lut great tNtrl"
here ~ issue at IN, hour "hich j.. ID lht a,. To- W.
treated g law Is an 1ct Of Congress valid aud Loi
cause n That isH law. ihen the ilt-i1'I. ''i lu l'
undertook to remove MT stanton u violation ol that a"
and that hc Issued The order To Gel i4'i' l3r l.u pug.
pose ana That purpose "lt. MS P1iltH' fl'
that ne dd 80 10 make % judicial case, hul h' !I
Geu. Thomas was 10 act uh",i lh VIZ"
ton OF the provision ot that a-l. AN not
tE. Pre- dent On Ls side n'Julus 10 violate lr law
and we have hln then Issuing r order in VOCATION OF
the law. We have him then tlug To Dis aiI ~ tie N',
Unr ~ tl1t law am olIt,i on lae "Il ~" 81 az
the light Of that, what Is the next thing wenW We
mud that the President issued an order to Gen Thomas 10
take possession of the War Department '"un,e ny tHal
s an order loo thc usual form take i-suc with tnru.
show that 10 h hot in the u'hi '"''u ~, la t'. %
words of imperative command " i~ u"i y. h"H gre
Department. sc" hui Us. ION WI .N,,i
up1u the chlrgc OF thc dut's pertaining 10 thii olc
tbs case beyond al pu',9ill oi cal oa tat @ l, I'
the President knew at that time that Mr. stanton h1d
the President solcmnly that De- only went oui in oocd-
General o the Armies OF the United states tu take pos
session " the oncs and that Tor an elll pup"se' aud
whole al tb ARMY OF Tho United states to take pOs-es
SION because u the General o ihe Army thuu'hl lht
the order was legal, DC had right 10 use the whole 81" te
Army Of the micd States lg''i! ~ n"u' ~
that the President notified that MI stanton had only
yielded on leaving that Office 800 first 90 superior i"rcr
Mr.. stanton had Yielded Wisely anu l' Ii''Iill'
If no had welded collision might nave h',h Drought
o.. & Ti.u 5 "Ir Ts r"s fo IbcI1 raised cIyil
war" Now, them the President knew that Air stanton
Nh stanton Yielded the oiice to tho General OF tle
Army aud the General n obedience 70 the hSh behes-
r-tated Ina n obedience To the high brhc-s OF the son
ate Thus he felt that he WAS sim more strongly ioil-
10Th OF August l. except to superior force, do YOU bo
e.c Senators any Is 20 bcsOtied as 20 believe ial
hold il aeaiu.t everything hut forcet lie had Mr..
sustained by the vote of The senate nc had ,en
tutoua and that for the purpose Of bringing this 10
issue the President ~ the United states issued h' order
10 Gen Thomas another officer of mo army: " lou VIII
immediately enter upon the discharge Of the duties per
tai1lnr TO thai Office" what hen he had come % the
War Office lie had thc order 20 Thomas and Thomas
had agreed with him 10 take possession ol tue once ~
two minds 10 do an unlawful act, ana that believe ls
the definition Of conspiracy al over the world. icy me
on his part tO do what had been declared au unlawful act
and you have Thomas cons. .ntug TO d0 ~ ana mere
fore sou have agreement " wo minds 10 do an undw
iu act; ana that sdy Wa@ti tol piac! 20 I't - !
understand the law. 80 that on that conspiracy We -h
Thomas uulawiully 10 -clc take and possess
the property OF The United states u the bcparment Of
tmony can stand aud that N ON the ground OF principal
aId agent Let me examine that ground, II you please.
every officer of tLis Government tt1 v his will upon his
breath only. ore h' servants only. and responsible
10 him alone; NOT 10 INC 1cn'lc or =" Iontr'Sa
or ~ either branch ot Congress; they arc responsible ~
flfN 10 suth once ne Chooses ana
he claims hi. right limtahly; and e says IN his
sage to you Of March lebs, That auy one o h- SccIc
taics had said him that he could not agree with him
ou the cOu-uOnahty Of the act Of March p 1861, ie
would have turned him ont at once a that mad pa ecd
Thomas knew that ~ wei ~ anybody cse. Now thcu
shat s the sccrctafy's commission whether dd interim
or permanent ~ IS that hc shall perform and execute
such duties ue from time 10 time shall be cujoined upon
him or urusted To him by tho President o the Uuited
states agIeeaby the Constitution relative 20 Land md
naval forces such other matters respecting the mi
itgrv OF naval forces rs the President Of the
United states shall assign TO the Department 30
aud that "Thc said PRINCIPAL officer shalt conduct the
bu4nes Of such Department the President from time
to fne shall order anG direct" Therefore his comn
sion ,O do precisely as the President desire, him TO do
ANYTHING which pertains 20 the Office and he stands then
the agent Of lis principal do what what was Mr.