The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-02

Army Who has TIT. dsy sashorzsa and
-: - 2sss
en1f r. Hon EDwS Isa w.:hnson B.
So much for that. Then comes the order to General
Thomas, which win read to the Senate
srnHon. Edwin n. Stanton having been this day. 70
o % " ss: = sssss. sS ;ss %
nd s:ssss'
da.s: pertaining e that once Mr. Stanton has been In
other DHSs property now In his e,Gsx sRa sSa;Ss Re-
Ss'.!s ..: 1:.S Hessss 4
There they are; they are orders made by the Presi
one Of them to vacate his once and transfer the
public property IN his possession to another party
az oos S act % a.
term. Gentlemen, does that make conspiracy Ia
that proof Of conspiracy or tending to conspiracy
Does that make General Thomas an agent Of the
President in such sense as that the President would
be bound by anything he says or does even within
does this letter OF authority authorize him to do
anything but that which he Is commanded to
receive transfer Of the records of the department
Does II authorize him to go beyond the letter and
meaning Of the authority given himP Why, GER
the footing Of u conspiracy between General Thomas
and the President or on the footing OF an agency, In
il the agent; that the declaration OF General Thomas
either as coc0nspirator OF a. agent are TO be given
against the President: There Is no other ground ON
which these hearsay declarations could be given as
evidence agree that when conspiracy Is estab-
lished when it is partially established, or when
foundation laid OF q conspiracy in which A,
and O are concerned, then the declarations
Of one Of the consprators, made while IL the
therance of the conspiracy, not outside Of 1t,
may be given in evidence as against the other CO.
that when an agency is established either BY parole
proof or by writing land when established by writing
tend It by paroe the acts done and the declarations
made in pursuance of that agency are binding on
the principal. Now ask this honorable court where
there s any proof establishing any agency between
General Thomas and the President, in which the
agents do not admit that this letter of authority
constitutes such agency at ALL do not admit that
General Thomas on the footing of his being an agent
OF the President. But II he were-if this were
case Of principal and agent then say that the letter
the President, and nothing beyond 1t. The object
here is to show that General Thomas declared that 1t
his intention and the intention of the President
in executing that authority to use force intimidation
and threats. Suppose the principal gives authority
s TO MS to 9 take a9 81 IN
when he goes there to commit an assault and bat
terry on the tenant or to drive him out vi ct arts
Is the principal to be made criminal by the act Of
his agent, acting simply on the authority to take
peaceable possession Of house by the con-
ssns % the party IN tSe Ss Is ae
Of the agents when the authority is in
writing and does not authorize such declarations
ity to another, II that were the rule by which we
were to be governedf What, Senators, has the Pres
dent done that he Is be held either as conspirator
or as principal giving authority to an agentP Does
the President appoint General Thomas as his agent
any matter Of ms ms 70 take OF
nature t ass L customary orm
known 'se the aW to do wnas; TO exef
else Q public duty; to perform the du-
the only authority which gives this power. is the
person whom he appoints his agent when he accepts
the appointment Does he act under these crcum-
private enterprise or perform a private acts Ger
tainly not. He at once becomes the oficer Of the
to ndctment and Prosecution, for u
thing that he does in violation OF his duty Are all
the officers Of the United States who have been ap-
when the President gives them commission,
either permanent or A temporary nr,y. one to az
persons designated and appointed his agentss Il
he bound By everything they Gos they take
and battery is the assault and battery commit ed W
himP II they exceed their authority does lie become
by them, in the exercise Of the power Which he has
given them can these third parties come back upon
the President az the responsible party on the prin
not with his authority, but with the authority Of the
Obligations not to his principal not to the Presidents
but to the law ITSELF and II he does any act which
nd ana ct e
should almost apologize to this honorable court
composed as it is so largely Of lawyers, for arguing
after to connect the President with these declare
tons of General Thomas.
Mr.. BuTLHR-I did not say hereafter.
Mr.. STANBERY-Does the learned Manager say that
he has heretofore done IL
porter.
Mr. SrANBERY-You mean that you expect to do
It, not that you have done. understand the gentle
man to say in answer to the question put by the
Senator, that he did expect to show connection
Tne he dd not say thai he meant
nothing, or he meant one thing and said another. !
agree that there exceptions to the Introduction OF
cases Of agency, and that In extreme cases
where it IL impossible to have preliminary proof
9r"sssona honnr i taken That the testimony
offered Is intended to be Introductory to testimony
to be afterwards offered; but In this case we have
heard no reason why the ordinary rules should be
violated and why testimony which Is pi'fmd Jdcfe
inadmissibe should be offered In the assurance that
reason is there In this deviation from the ordinary
ruler II Is matter OF taste for the counsel to begin
at the wrong end, and introduce what Is clearly In
structure first and the foundation afterwards" Was
such thing as that ever heard Off Irepcat that
assurance OF counsel before q court, where the
court win allow testimony which Is prilad ydcse IN
admissible TO be heard on the statement thar the
counsel would afterwards connect 1t. think 1t Is
hardly necessary for me to argue the question FUR
tler
Mr.. Stanbery having sat down, Mr.. BUTLER rose
and asked that the usual rule be enforced, that
counsel In making their arguments should cite the
authorities on which the arguments rest
The CHEF JUSTICE remarked that that was I'M
doub,edly the rule.
Mr. STANBERY said:-Mr. Chief Justice, we will
allow this question to stand WITHOUT citing author-
ties
Mr.. BUTLER then rose and said:-Mr. President and
Senator'S the gravity OF the question presented to the
senate for its decision has Induced the Presidents
counsel to argue at length, knowing that largely on
that question and on the testimony to be adduced
under II on one of the articles Of Impeachment the
fate OF their client must stand IL Is the great gues
ton, and therefore must ask the attention OF the
Senate aud OF the presiding officer, as wen as
may, 10 some considerations which In my mind
determine 1t. But before do that beg leave to
state the exact status Of the to the point az
when the question Is propounded, and may say,
without offence the learned counsei for the Prcs
dent that in making the objection they have entirely
an raffh a In