New-York tribune., 1868-04-02

Cameron, crseu .or1l Oiel. sSs@ost
Cole Howard. PonG@, TT,os
%&3'ss. &3'ass ss,.:. Nos s.s:s s,s:s' &c.
ss,ass,, rsa,as, :iHs;,sa.,. Ee.
Sa'ss. Says,- !s.'3sa,r, ss@2 SSSsS;5y, {Ts; ;EI.,
B.oS b1oa GI%e. sI%'s''''' E.t,efsoo g. H (.w,i,a.
The Secretary thenread following form OF question
propOsed by Mr. Buter, of the Managers 10 the Wit
ness W. II. Burleigh who the stand yesterday:
T. @ 70 ny & aas sS9 @ a {S1 s m a o s @ @ Ss3 ne is
said ANYTHING to the means which be intended 70 Obtain or "a. direct
ed by e President obtain possession Of tie War Department. s'af
Mr. sTANBEBY, counse for the President objected to
CHEZ TsTIcE Was 29ogt 70 submit Is,5 /, to the the
foo%inS WI question "a wrltnS TO- 10 tne Naasfts v , VII
Mr. BUTLER one Of the Managers, rose and said that
II that question 10 be argued before the senate the
Managers would ende2yOr 10 answer ~. -
The question having been repeated by the ChiEf
JUSTICE Mr.. BUTLER again rose, and said that II me
question was be argued the side, the other side
Senator from NcwJersey in the Of his argument
senator TRUNBUlL called for the reading oi the qucs-
Arcr it had been read, the CHIEF-JUsTICE asked
whether the Managers proposed 10 answer that question
% the Senator from NcW-Jersey.
M. BUTLER again rose. and said that II there wa9 70
Do OF argument hc would answer the question proposed
Drt 4 there 10 be argument on the part Of counsel
Tor i5 p,;idont hey proposed as more convenient
method 10 answer the Qlsou in the course of their ar
cument aud he could say that taey proposed TO connect
lie thiefJu,;ice vas 6ho 10 put the question 10 ,ic
Senate, when Nv sianbory rose 20 argue IT, Ho SAID;
ME. CUET,JUS1ICE iND SENATORS: NeNaNe 90 lod-lh
reached the domain oi law where Tc have 90 argue no
longer questions of mere form and modes OF procedure
flt OrestoDs tqt arc pronrr 10 be argued by aWyc5
"'., I''iV"- ~ 'i' l. -
t,on has been laid cther i'm the article, thomsclyes
or in testimony vet given, Tor using the dhc.ara-
t0us OF Gen. Thomas Ina evidence against the President
Cen Thomas is on trial II - me President aud tho
!.
offered must ne testimony winch is binding on hhG or
was not present ON the evening The 2ls oi February
when Cen Thomas made those declarations thry
were made in the ahsen"c oi tho Iie.i'fHl'
lie had opportunity 0t hearing them or or c9uu.'tl
ug them II they are 90 De used inst HIM. theY must
First a what foundation is there for the declarations
o Gen. Thomas 70 be given IN evidence as 10 Wi ne li
tended 70 DO OF as 20 "hat INC liedehJ Hu
him % dos 10 will De seen by tnc frs, article the ose
charged against the President IT, that hc sued written
Thomas authorized 10 receive the transfer of The
NoV, me oen-e lad m mt ofuct > MOI as % y .i'S
that done under the order not as o any animus Dy
gIaNamen oi INC OueIse 20 lhucl TOT le UT. az lVi,
Now. what is the sccOndi IL is, That on the same dhA
the 2st OF febrnaJ io5s, tHe LA l'Ij b .tcr
!. jh6 issuing % that letter Of authory, not any
i-sulue OF il Doe Oense intended to violate certain
conspiracy senator's VII o9-eIl e'El AZ tao ~ - i
articles tho ofense charged IS issuing certain orders Nv
/
the IeDueofOice act" But by the fourth article The
Managers of the House proceed 70 charge rs with an en-
that is a conspiracy between Gen Thomas and the frrs
5ruf and otr pf.ovs mn Known by force !n one article
and Ly intimidation iu another 10 eudcayor 20 prevent
and tiT in 1rsnauce of fb5 conspiracy certain a,t5
were done winch are not named Wlfn intent 70 violate
tho Conspiracy act July 81 lsj These are the ouy
Ciorrs which have any relevancy 10 the question
poudng need not refer 10 the other artces n which
ont Of his relations 10 Gen. Emory, his speeches
Tade at the Executive Mansion in August
1896, at Cleveland on the 81 oi sep,eiIprf
1906 and no ~ Louis the sh OF September 1880 Now
what proof has yet been made under thes" hrsi iet
atices The proof is simply, 50 far rs thls question ls
moving Mr. Stanton, and Of the order TO Gen. Thomas
There they are to speak for henselIes As we nle
not one particle OF what was s1ld Dy ine liIen u,gi
before after the issuing Of the orders The Only iou
dston yet laid for the Introduction OF tle le-uuonS
used Is The production Of the President ordeT Ihe ~
tempt now u by the declarations ~ Cen Ihonas, u
show with what intent the President issued hese ordfI
not py producing GEN Thomas here !" tt7lI ,A m WIZ
the President told him, but without having cen Thomas
sworn al ali 10 bind the President by Gen. Thomass de
caratons not made under oaih, ana H'.ug & N''Io dS
cro.s-cyaminaGOn or cOntadicuon Now, senators s.
rhe President to Gen. Thomas 90 speak ior n as 10 his
mtentI You hud that foundation, il at all IN tho
them. The first IS tho order to Mr.. stanton:
"E1EUrE MANSION. W"rNe1oy D. G. te9nel p. ls. &
deaf. 6y the Cor,tron and United states yol isrb
i9ncols as terminate upon reop q s communication loa
s tar.er TO Bve' e. N.GI9ss & Gen Lo,no % .l' @ % % % S
t- at- W. o5 st I'M rec-ts books paper ard oil er IrL
D.
TO Hon Epwry NJ sr.sros Washington. D. g."
20 much for that. Then comes the order to Gen.
Thomas, which viii read TO tho senate.
secretary The Department Of War J9n are hfb aaaozf sl
@ @s.st Pt - t a. tags-er s you an tle record, books
papers and other public properly DO" 10 DIS l''gy 'Il 70
fo Byrtt @si.Gen. LoRrslo rrov" AttGen &. s. A..
There they are-they are orders made by tho President
! 10 two OF ms subOrdnafcs-an order directing one OF
them 20 vacate his Office and transfer the public property
n his possession to another party and an order 10 tht
secretary Of war ad Interim Gentlemen, does that make
conspiracy is that proof OF c0ls9fcy OF I'nong % 10
conspiracy does that make Cen Iholha, an asen 81
tho President such sense, that the President
even within the scope OF his agency! II makes him his
agent does this letter OF authority authorize hh 10 90
ans thing but what he Is commanded 10 d0-SO mere ad
demand possession ana receive tI4hsir "a tno
OF the Department. Does II authorize MN 10 20 Deyot
tho letter and meaning Of the authority glveh MN
Why certainly not In the first place, ~ must be either
on c footing a conspiracy between Gen. Thomas ana
The President is principal aud Gen Thomas IS the agent.
that the declaration OF Gen Thomas, either as cocoon
spratOr or as agent to he given against the Ires-
don't There other ground on when tese hehrtay
declarations could be given as evidence. agree ii4t
established when testimony is given tending 10 prove
IT, and proper foundation lAd % aconspf4cy III Wmcn
A. b. ana & concerned, then the dcclara-
/ uOns Of OF the consplTat0rs, lnadc WhIt the
conspiracy IS IN process ana nhiue 10 iUF'hti
| ancc Of the conspiracy. not OUTSIDE 81 II,
may given in evidence against the "ther coCoh-
pIators and binds the 0ihcIS so 700 ~ sc es' WIZ m
writing tand when established by writing mat Is he meas
urs OF the agency, and you cannot extend u by paroe,
the acts done and the declarations made 10 pursuance OF
that agency are binding tlie principal. Now ash
bs honorable Court where there ~ anything IKE con
spracy here Where there is anyroOf establishing any
a.aucy between Gen. Thomas and The President. IN
which the President u the principal and Gen lhoiias
the agents. do not admit that TINS letter OF authority
constitutes such agency at all ito not admit th' Tue
President D. bound by any declarations made by Gen
Thomas the footing OF his being an agent OF nc Iics
dent. But i he wcreii this were case Of principal
and agent say that The letter Of authority 10 Gen
Thomas is that which binds the Irt~dcit, ana h0sh-
| .ttd