Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-16

card on the docket, that General Thomas WAS
disc harred On the motion OF his counsel
Mr.. Curtis SAID they did not They desired
% prove that the r. esident ssnploy,d ms ~
fee ssionai gentleman ~ bring this case rfore the
courts. In regarn 20 the remarks Of the Hon
Manager, (Mr. Butler) h. did not conceive
that they required any answer.
Mr. Manager Wilson said the counsel for
the respondent propose 70 break the fOroe OF
his unlawful scts on Feb. 2ist by showing that
the President on the 22d Of February employed
counsel 10 test the constitEtionality OF the act
which he had violated. He respectfully sub
mlsteo 20 the honorable body thai no declara-
non OF the President after has unlawful act
coold be introduced in evidences. No act done
ny TOE fresioent after thV issuing OF hts unlaw-
Iul orders can counteract them. The criminal
SCI was committed when he issued these or
otIs ahd his intent at that time can only be
taken into cons sideration
Mr. ESarts said we hesrd again the on ~
P' an q az snuent that the crime was concluded
When Tie order alleged To be in violation of tk,s
acts of CONGRESS were issued. The intent, they
say, Is not the sub iect of inquiry here Why
the intent Is the subject of accusation in the ar
ucles, ana the subject Of imputauon in the
arguments, and counsel only desired A 10 b.
placed upon the proper footing here Toey
proposed 10 show that the President did not
contt tmplate the violation of the Consultation or
the laws; did not contemplate 10 obtain pnl.v
fnl control Of the public monies, but that his
whole purpose was 20 obtain a peaceahle sef-
tlement OF the question at Issue by the supreme
Court OF the United states.
MIR. Manager Butler here read from Sun
Wheaton the case of Wallace We. Anderson A
writ of quo sdyrOnio 10 try the title 70 the once
of Surgeon General, m which Mr.. Chief Jus
uce Marshall decided that a writ Of QUO lcar-
rdEtO could not obtain except upon application
OF the Government, and this having bsen an
missed.
MIR. Curtis said it was no doub bt the law that
these writs must be applied for on behalf OF the
Government, but the particular ofhcsrs who
represents the United States is dsterrained by
the Court before whom the issue is brought
We propose TO show by Mr.. Cox, that he APP
the writ and obtained t
The Chief Justice stated the question, and
read from the articles Of impeaching charging
the act OF the President as unlawful. and thai
II was done with CRIMINAL intent; and the Chief
Justice understood that IL was In support OF
the denial of this charge that the evidence wa
sought 20 be introduced. The Senate had al
mitted evidence in regard 10 the declarations OF
The President ALREADY, botn from the couns.
and the prosecution. He thought the eyiden =.
admissaole, but wonld submit the question. AZ
any Senator desired IL.
Senator Drake asked for a vote, when the
Senate admitted the testimony as follows:
feds-Messrs. Anthony, Baysrd, Buckalew,
Corbeu- Davis, Dixon, DoeIttle, Fessenden,
Fowler, frelinghuysen, Grimes, Hendricks,
Howe, johnson, McCreerey, Morrill, me
Morton, Norton, Patterson, IN. H. Patterson,
lTenn-,) Ross, salisbury, Sherman, Sprague,
Sumner, Trumbull, Van Wrinkle, wickers, and
Willey-29.
Noys-Messrs. Cameron, CattelI, Chandler,
Conkling, Cragin, Drake, EdmRnds, Ferry,
Harlan, Howard, Morgan, Morrill,, Ne Nye,
Pomeroy, Ramsay, Stewart. Thayer, Upton,
Williams, Wilson, and Yates-si
Mr.. Cox then proceeded with his testimony
and tesrfed 10 the tact that the President in
the presence Of Gen. Thomas, said his purpose
was TO test the question in the courts He also
gave a detailed statement of the proceedings
before Judge Cartier, and of the subsequent
release OF Thomas from custody. He also stated
what action be had further taken in reference
10 quo ,ooTraEfo.
At2.l5 p. m. the Court took a recess OF fifteen
minutes.
HOUSE OF RBPREsENTATIvEs.-The House
was called to order at II O'Clock. but without
ransacting any business, Immediately resolved
itself into Committee of the Whole, ana pro.
ceeded TO the bar of the Senate