The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-23

It
seventh Articles, IL IS Immaterfal whether
the suggestion made by the counsel for
the respondent, but the conspiracy act of
1861 does not include the District of CO.
Iumbia, Is a valid sugge ,tion or not.
Boutwell, then proceeded to examine the
evidence supporting the charge. We find
the President, If the allegations are estab-
IlShed, engaged in an unlawful act. and
If Lorenzo Thomas, or any one else is CO.
opera ing with him. conspiracy Is proved
and IL is then competent to introduce
statements OF the parties to the conspir-
acy, aRd 1t upon this ground, that testi-
mony was offered and received of the de-
claratiOns made by Thomas. The evidence
OF the agreement between the respondent
and Thomas is found ia the order ap
pointing Thomas, and the conversation at
the time the order was placed IN IhOmas'
hand.
Boutwell, here noticed the claim set up
by the respondents counsel, that the or
der was not military order, but invoked
the military departmeutto obedience. The
counsel said a letter to General Thomas
might have been presented, which he
could have declined altogether, without
subjecting himself to punishment by a
military tribunal If c 1unsel had admit
ted that 1t was purely military order, his
client would have been guilty of violating
a law of the I'd Of March 1867. But If he
declared it was not a military order, then
the transaction was in the nature of an
agreement DetW. en- the partles. The Pres
1denJ knew his purpose was u unlawful, and
he induced Thomas to cooperate with
him. General Thomas might be excused
from his ignorance. but there was no such
excuse, for the President gave him full in
II being proved that the President was
engaged in an unlawful undertaking and
that the purpose was also unlawful, the
conspiracy Is established.
Boutwell, then proceeded to review the
action of the President in removing Mr..
Stanton, and the reason he had for re-
moving him, which was that Mr.. Stanton
was opposed TO his schemes He showed
how, in the suspension OF Mr.. Stanton, the
President had followed the provisions Of
the Teuure-of-Office Act, and detailed the
action by. the Senate. Il was then that
the President assumed that the Act was
Invalid and had no binding force When
General Grant yielded the Office, the Presi-
dent was I'll ed with indignation, and from
euce Of a settled and criminal purpose to
destroy General Grant and secure the re-
boutwell, detailed the various efforts
made by the President to get Stanton out
of the way OF the War Office; falling in
every effort. nothing remained but 10
seize the Office by an open, wiiIful, and
defiant violation Of the law, in which he
sought the aid or Lorenzo Thomas, and
u 10 to the present time they are endeavUr-
ng to ct possession Of the War Depaft-
ment Their action has in view an un-
lawful purpose and is therefore, conspi-
Boutwell, referred to the testimony of
Gen. Emory as further evidence of the
Presidents intent as TO the nomination Of
Mr. Ewing That gentleman is IN his 70 n
year. and he President knew he would
Weld the Office at any moment The Pres
l0Hnf never SOUGHT 10 put men EnGIE WnO
would or could hold the Office and obey
the constitution and the laws, -
Mr. Boutwell, pursued this strain Of argu-
naent to show the evidence OF con Spiracy
at considerable length. and claimed that
the evidence showed that the President
contemplated getting possession In some
manner OF the Treasury Deeartn ept. AS
to the speeches of the President, that ey!-
dence~ was put In simply to show that
man who could utter such words is unfit
for the Office ne holdss ana IA TINS case
he referred to the cases of Judges Chase
and Humphrey. Mr. Boutwell, at much
length spoke upon and quoted from these
cases and claimed that the speeches of the
President were designed to i'm pair the Just
authority OF Congress.
Boutwell, then took up the III Article,
and passt 4 In review the action Of the
President on the Reconstruction Laws
which he claimed was deYotedto prevent
ing any reconstruction Of the Union upon
any other plan than that which he had
inaugurated. His criminal ambition was
to obtain command Of the War Depart
ment and the army. and by their COM
bined power to control the elections in
I865dn the ten states not yet restored to
lend the elective franchise to an loyal
male citizens and exclude from the fran
chise port on Of those who have been
most active in originating and carrying
on the rebellion, JOhnsOn's purpose was
to limit the franchise TO the white male
citizens and permit the exercising of it by
all such d arSOns without regard to their
dfslovalty. Ifhe could get control Of the
War DEPARTMENT. he could carry out his
des gn, but this he could not 90
without di~regarding the Tenure Of Of
fee Act Through the thousands Of office
holders all over the country, he could con-
troll the nominations Of the DemOcr attic
party Ia every state in the Union. With
the war debt IN his hands and the Tenure
of Office Act broken down, he would be
able 10 remove Genera S Grant, sherman,
or Sheridan, or any other officer who
stood in his way, and all to his own per-
sOnal ad vantage. Under the circumstances
It is ceJta y he would secure first the DEM
OcratIc nomination, and second the elect
he had OnlT to secure enough OF the > tates
represented in Congress, and he would de-
fy the House and Senate ShOuid they at
tempt to reject the votes of the ten states.
He WOu q be sustained by his friends and
supporters, by the War Department, the
Treasury Department and the Army and
Navy. end would have been inaugurated
on the 4th of March next President for
SIR. ROutwe.i then detailed the effect OF
ditiou of the South; cOntTasted his ase
with several other public officers in this
and o her countries who had been Inn
peac ed, and appealed TO he senate to do
Justice He closed by saying his cOnVic-
tion is the triumph Of law, of order, of jus
II i impossible; therefore 1 do not look
beyond; but, Senators, the people OF
merica will never permit an usurping
Executive 10 break down their secultties
TIE cause Of the country Is in your hands.
Your verdict Of Guilty " is peace to our
beloved land.
At four o'clock, Boutwell,, at the sug-
gesu0n of COnkltng, yielded to the motion
70 adjourn, aung Lnat he would occupy
accordingly the Court Immediately there
after adjourned.