New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-04-10
MR., JOHNsON'S TRIAL,

The proof in regard to this portion of the
case was mainly formal and documentary,
and there is no dispute as to the facts. The
question to be decided as to the first three
articles of impeachment is, not did Mr..
johnson do the acts therein alleged for as
to that there is no denial-but, in doing
them did be do an unlawful act; in Other
words, did he violate the tenure of Office
act, and if he did, was it law which be
was in duty and by his oath of Office bound
to obey? These are questions which are
to be decided, not by evidence but by
argument, and the internal consciousness Of
right and wrong in the breast Of each one
Of his judges.
But the fourth, fifth, sixth, seventh, and
eighth articles, which relate to the con-
spiracy between the president and General
Thomas are of a more lively interest, since
upon them the verdict Of the public mind
is net SO clearly made up. Mr.. johnson is
charged with conspiring with Thomas 10
intimidate Stanton by threats from holding
his Office with conspiring with Thomas to
take possession of the war office by force
and with oonspiring with him to prevent
the execution of the tenure of Office law.
How does the evidence bear out these
charges 1t is at all times difficult to prove
conspiracy. 1t is peculiarly difficult
when the eonspirators are shrewd and cum
ming men. But one of these conspirators
was not a very shrewd man. Thomas is
garrulous, indiscreet, and easily excited.
1t is good rule of law that the declara-
tons Of one conspirator may be taken as
evidence of the intentions of his coRfed-
crates. The prosecution have proved that
Thomas did make threats to Stanton that
he told his friends on the twenty first of
February that On the following Monday he
intended to renew his demand for a sur
render Of the war Office to him that if re-
fused be would resort to force that if Stan
ton locked the doors against him be would
break them open; that he would apply to
General Grant fer a force sufficient to
accomplish his purposes, and that Grant
would not venture to refuse compliance /;
and that in all this he was acting under the
orders of Mr.. Johnson, and had no choice
to pursue another course, being a subordin-
ate controlled by the orders of a superior
officer. Subsequently be said that he was
prevented from executing these avowed
intentions by his arrest; and at a still later
period, in reply to friend who adjured
him to stand firm as the eyes of Delaware
were upon him, he replied that he was stand
ing firm that he would stand firm that
he wOuld not disappOint his friends, and
that in q day or two, or in two or three
days he would kick that fellow out" It
is competent for the presidents counsel to
put General Thomas on the stand, and to
let him swear if he can, that in making all
these threats and promises he was acting
solely on his own responsibility, and not on
that Of the president until this be done
the charge Of conspiracy must be accepted
as having been substantiated.
The ninth article of impeachment, charg-
ing Mr.. johnson with an intsnt to induce
General Emory to violate law of congress
and regulation of the army, and to obey
orders issued directly from the president,
was from its very nature even more difficult
Of proof 1t is at all times difficult to
prove what are the intentions of a mans
heart-they can emily be inferred from his
acts and words. But ne man can read
General Emory's story as he told it under
cath, without believing that the president
seat for him with the intention of corrupt
ing him if possible, and that the bluff,
seldier-like frankness of General Emory
alone prevented Mr.. johnson from openly
asking him whether he would net become
bis tool. General Emory evidently knew
or suspected why be had been requested to
come to the White house, and he went pre-
pared. He was not taken by surprise.
When the president began to beat about
the bush, General Emory went to the very
heart Of the matter. He and his comrades
had consulted together over this question
Of whether they were bound to obey con.
gresB or The president; they had taken legal
counsel on the subject, and their minds
were made up, He showed To the president
the act Of congress which Mr.. Johnson had
himself signed, but which be pretended he
had forgotten. /" Do You mean 10 say that
! cannOt issue an order to the army unless
General Grant csnsents91 asked the pres.
idsut. That Is my belief, and that Is The
opinion Of the array, !" replied General En-
DRY, 2 and on this subject the army isa
unit. Z "But it i IL violation Of your com
missien and Of the constitution, - urged the
tempter. We are bound to obey The
Law, "ireplled General Emery; . we have
consulted eminent lawyers, and we are
bound BY the law, constitutional or uncon-
HsitstIonal" Noble words were these, ard
bravely uttered; and, hearing them the
lgesidens wisely reffained from further A.
tsnsls to persuade this officer from his
duty. There MAS AreproOf hidden in Gen
eFai tnsry's reply that mast have stune
BIN y the saick. Hs too. was bound BY
ne laHsDe y eoaatisnlional or unoonstiin-
isaas; sRa hua - hcca aetanted 81 he
1inple honesty u tn colder he would net
aeV che IN danger a losing hisfoaicial
HAD.
The eleventh article chsIzs Alr 5osasos
.Iaa