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

OF once ACT. N 0260c10t6 WAS T1Gnt ON all his
thortes that II two or more agree together to violate
point We make heEe In article I've there 4 no aver
allegation that conspiracy was entered into between
the accused, Lorenzo Thomas and other persons I'M
Declares any
with its provisions Is misdemeanor and OF course
II combination BE- entered into between two Q!
amounts to conspiracy. The counsel have
succeeded most admirably in diverting the attention
mis- of this ie Evidence and which, controls
We claim this question arises. mat article alleges
United States unmindful Of the high duties OF his
ONCE, on the 2ist day Of February in the year Of
such year before the ID day Of March IN the yesf Of
Lord 1885, at Washington in the District of Column
and with other persons to the House Of Represents
tiyss UNKNOWN 70 prevent and hinder the execution
CERTAIN civil passed '1s snS
pursuance Of said conspiracy did unlawfuy attempts
to prevent Edwin N: Stanton, then and there being
Secretary for the Department OF War, duly APP
pointed and commissioned under the laws OF the
United States from holding said ONCE, whereby
high misdemeanor In ofiice.a Now, the Tenure Of
holding once a. time It's
the advice and Of the Senate and every per
BE- entitled to hold said once until his successor
quaIiaed. that is to say "by and with the I'D.
vice and consent Of the Senate.n The act then
eces Of the
but during the recess OF the Senate-on evidence
satisfactory to the President showing that an officer
and designate some other person to perform the
duties until the case be acted upon by the Senate,
pension and advise and consent to the
removal Of that officer, It shall so notify to the
and appoint another but that the Senate shall re.
fuse to concur such officer appointed shall forth
section Of the same act provides that every removal
appointment or employment made contrary to the
provisions Of this act shall be deemed to be high
msdemeanOr. The conspiracy entered into here ,
between these two parties was TO prevent the exc
cution Of that law. This is so plain that no
man can mistake 1t; nor can the President In the
presence Of this tribunal nor General Thomas either,
shelter himself by the intimaton that 1t was mill.
tary order to q subordinate military officer. ! wish
were so 1t would be competent for the President OF
the United States to shelter himself or any of his
subOrdinates, by issuing military order tomorrow,
directed to Adutant General Thomas or any Other
officer Of the army OF the United States, to dispense
the Congress OF the nation. This Is an afterthought.
1t is no military order. 1t Is letter OF authority
within the express words OF the statute and In viola
copied it and acted on it. The evidence was given
yesterday and was received without objections. II
Is too late now to make the objection II Is perfectly
ustabe in this tribunal for me to further here,
and to say 1t my own homer, as one Of the Man.
ayers of the House, that we rely not simply on the
declarations Of General Thomas to show the purpose
Of the accused to disregard It's plain provisions,
but we expect by the written confession Of
this day or as soon thereafter as can be done that il
was his declared determination in aay event to deny
the authority Of the Senate There was no intimaton
The President grasped the power in his own hands
OF repeating the law OF the nation-Of challenging the
representatives OF the nation to bring him to this bar
to answer. And now when we attempt to progress
withthe trial according to the known and established
by the plausible and ingenious (nore plausible and
more ingenious than sound) remarks or the learned
counsel for the accused that the declarations OF one
coconspirator cannot be given In evidence against
another to the mode of executing the conspiracy
state it. perhaps, little more strongly than the
these remarks. would like to know whence he de-
rives any such authority. declaration made IN the
missbIe even as to the mode in which he would exc
cute and carry out the common design. Is admis-
sl6le not simply against TSs ansnsS
them not establish the original conspiracy, but to
prove the intent and purpose OF the conspirators.
the conspiracy In complete whenever the argu-
ment " entered into to violate the law, no matter
whether overt act can he committed Afterwards ~
Committed afterwards by any Of the conspirators
In OF the conspiracy Is evidence against his
which he ruling was made yesterday by the presid-
ing oicer OF the courts that Is the ground on which
we stand To-Day qa.e h asre se decara s Of
purpose TO do some act Independent OF the original
design OF the conspirators and TO commit suDsequent
independent crimes Is evidence against no person
but himself. But how can the Senate Judge OF that
when not one word has dropped from the lips Of the
carry the conspiracy into efects General Thomas
was In perfect accord with the accused
not act that day as Adjutant General; he acted
as Secretary or War 1d interim. lie also denomt.
mated himself such In the q w se
cordance with the authority which ne carried on his
person; and now we are to be told that, because ne
Ia trial at this tribunal his declarations can
not be admitted as testimony; while the counsel him
self has read the text going to show that II they
after in pursuance OF their judgment OF this trt-
bunal-these declarations would be clearly admis-
sibe: Lorenzo Thomas Is not a CIV, ocSs o. me
OF the House OF Representatives cannot extend be-
You'd the President, vice.President and other civil
officers. To be Mr.. Thomas claims TO be civil
officer and he IL one, If the President OF the United
States has power, by this combination with him,
to repeal the statutes and the constitution OF
this country. I have thus spoken OF tais question
for the purpose OF showing the significance and i-
r. II Il not simply that they desire that this testi-
mony shall be ruled out, but they desire to get In
Some shape ajudgment on the part OF the Senate on
guilty OF crime, even though 1t be proved
hereafter, that his purpose was to defy
the authority Of law. understand from
the intimaiion from one counsel that If this were
the appointment OF Secretary OF war ad Interim was
afso a conspiracy. The Senate VIII see very clearly
that that does not follow: II involves very
different question, for the reason tnat the
for reasons satisfactory himself during the recess
OF the Senate To suspend The Secretary OF war anu
to appoint Secretary ad Interim on the conditions
Nevertheless that should within twenty days after
next session Senate report his action, with the
evidence therefor and ask the decision Of the Senate
he did so act. There was no conspiracy in that &C
ton OF his, and IT. is not alleged. He did thus
recognize the obligation of the law, and did
suspend the Secretary Of War, and did APP
point Secretary az interim, and did within
twenty days thereafter report the facts 10 the Senate
together with his reasons The Senate TN pursuance
OF the act did pronounce judgment In the case Of the
suspension and did reverse the action OF the Pres-
dent. The Senate notified him thereof, and IN the
meantime he entered into this combination TO defeat
the action OF the senate, overthrow the majesty OF
the law and now. when we bring his co-conspirators
into court on the written letter OF authority issued In
direct violation OF the law while tile Senate
was In session, we are met with the oblecti0n
that the declaratiors OF the c0c0nspirators
cannot be put in evidence against the accused.
/ beg leave TO say that ] believe IL win