The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-04-30

were then considered. Articles four
aud six are laid under the act of July
81, 1861, known as the Conspiracy
act On examination articles four
and hve show that the substa .itive
sllegationsaro the same in each article
The difference being that in article
4th the charge Of conspiracy with the
intent OF intimidation, aud threats to
unlawiully hinder aud prevent Mr..
Stanton from holding tho offce Of
Secretary of War. BY the English
common law conspiration are indicta
Bile and punishable as misdemeanor
there is doubt that under the English
common law, aud the same is sane
TONED by the United States statutes
in the District Of Columbia.
The 9th aud Tth articles set forth
offences punishable as misdemoanors
by the laws Of the district. Article
9th was laid under the statute ofIs6l
and charged the respondent with con-
spiracy with General Thomas to seize
by force upon the property in the
War Department, in violation Of the
Tenure Of Office act.
Mr.. Boutwell, argued 10 reply TO the
counsel and supported to his argu.
mcnt with citations, that though the
District Of Columbia was not included
by specific designation, tho act np-
piled to the district. An act of Con
} gress and Constitution were both
laws. only the latter was of superior
authority. Tho 9TH article was laid
on the common law, and charges sub
stautially the same offences as those
charged in the 9th, 9th and 7th arti-
oles, based oD the common law which
set forth the same offences as the 4th
aud 9th, laid upon the act of July
3lst, 1861, and as there can be no
doubt OF the validity Of the 9th aud
7th articles. II is immaturial whoth.
or the suggestion made by the counsel
for the respondent. But the couspi-
racy act of 1861 does not include the
District Of Columbia.
Mr. Boutwell, then proceeded to cx.
anime the evidence supporting the
charge. We find the President, If
allegations are established, engaged
in ar unlawful act, If Lorenzo Thomas
or any one else is cooperating with
him in conspiracy is proved. 1t is
then competent to introduce the state
ments Of the parties to the conspiracy,
aud it upon this ground. Testimony
was offered aud received of the duclar.
ations made by Thomas in evidence
of the agreement between the respon.
dent and Thomas is found in the order
appointing Thomas aud the conyersa.
tion at the time the order was placed
in Thomas hands.
Mr.. Boutwell, here noticed the
claim set up by the respondents
counsel that the order was not mill.
tary order, but invoked the military
spirit Of obedience. Tue counsel
said letter to Thomas, which he
could have declined altogel her with
out suhjcctng himself to punishment
by the military tribunal, il the coun.
sci had admitted that il was purely a
military order his client would have
been guilty Of the violation of the
law Of the 2nd Of March 1867, and If
he declared that it was not military
ORDER then the transaction was In
nature an agreement between the par
ties. The President knew his pur
pose was unlawful and he induced
Thomas to co operate with him. Gen.
Thomas might be excused from his
ignorance, but no such excuse for the
President, it being proved that the
President was engaged in an unlawful
undertaking, aud that the purpose
was also unlawful, the conspiracy is
established.
Mr. Boutwell, then proceeded to rc
view the action of the President in
removing Mr.. Stanton, aud the rea
son he had for removing him. which
was that Mr.. Stanton was opposed to
his schemes. He showed how in the
suspension Of Mr.. Stanton the Presi.
dent had followed tho previous Ten |
ure Of Office act, ard detailed the |
action by the Senate. 1t was then
that the President assumed that that
act was invalid and had no binding
force. When General Grant yielded
the Office the President was filed with
indignation, and from that day seem.
ed to be under the influence of
settled and criminal purpose to de-
stroy General Grant aud secure the
removal of Mr., Stanton.
Mr. Boutwell, detailed vorious efforts
made by tho President to get MI
stanton out of the War Office, but
falling in every effort nothing remain.
ID but to make an open, wilful aud
iefant violation of law in which he
sought the aid of General Thomas,
md up to the present timo they are
,ndeayoriDg to get possession of the ,
Var Department. Their action has
'een in view of an unlawful purpose
nd il is therefore a conspiracy.
Mr.. Boutwell, referred to the testi-
nony of General Emory as a still :
urther evidence of the Presidents
ntent. AS TO tho nomination of Mr.,
wing, that gentleman is in his SOW
Oty 'ninth year, aud the President =
new that he would yield to Office at :
ny moment. The President never
ought TO put men there who would =
: could hoia Office and obey tie Cou. 2
tuition aud laws. :
Mr.. Boutwell, pursued this strain .
argument to show evidence of con. s.
piracy at considerable length, aud
aimed the evidence showed thas the f
resident contemplated getting pos. z
ssion in the same manner Of the a
reasuiy Department d
Mr.. Boutwell, then took up the d
eventh article, and passed in review s.
o action of the, President on the
econstruction laws, which he claim to
was ,dey 1ted to preventing any re- th
Instruction Of the UpiOn on any So