The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1868-04-15

SECOND DISPATCH.
WAsulNGToN, April 10.
Judge Curtis closed his speech ut q
O'clock
Judge Cu"tis continued his Argument TO-
day on the theory aud practice IN vacan-
cics and appointments, claiming that the
cHMnncc would show several instances in
all points like that Of Stanton and Thomas.
lie insisted that Thomas was not appointed
An appointment requiring the Presidents s
nomination, and the Senatcs consent, and
The Presidents commission. lie cllara CT cr-
iZcl the allegation that no vacancy existed
hs begging the question. Thc legal vacnu-
3y existed the moinun! that Stanton rccciv-
"r the letter from Tic President. Rccapitu-
ln'ing his argument, Curtis eihimcd the
Managers bad not shown that the rrrst,
lent had violated the Constitution and
laws.
lie proceeded 10 argue The conspiracy
charges in the fourth and sixth articles the
Charge ofviolation oflh conspiracy laws
Of 1861 lie read the law Of the subject
LIS provisions apply to States and Terrific
ries, anu arc imperative in tho District of
Columbia. Judge Curtis did not, however,
Eest on this tcchnicalty, but argued that in
law the preliminary movements Of prnei-
pal and agents to bring before court II
~ lie clair,ed that this was applicable in
broader sense TO public rights The
relations Of superior and inferior officers
also prccludcd the IDEA OF conspiracy.
judge Curtis answered the fifth and sew.
2nth articles in connection with the tenth,
n none { which is charged violation ofun
law. The r;uih article not only raicl Of
proof, but was disprovcd by General Emory
swearing that he introduced the objccliona-
bic topic, and drew out the Presidents
tpinion. it would be shown in proof. that
;hc President sent for Emory fora different
pnrposefrom that alleged ia tMo article
Arguing The tenth arliclc lie discussed I'M
peachabio oTfcnots. Without vexlng thr
ears of senators with prcccdcnts from the
middle ages, hc would refer to the provi
sIons of the Constitution. whose Trainers
knew quito rs much as mcn who lived in the
time of the rlantagcncts "Othcr high
crimes" must he equally grava with bribery
aud treason, CT must nc offences ngains. the
'hilcd states The President is empower
ed to pardon all offences against the Uni.
tea Stn's8 except in cases Of impeachment
Curtis claimed that he had shown n.lly
hat th" oo"rt was bound by law, and war
not itself n law maker He cited the old
English laws and Federal scditon laws,
showing that trutitul uticrcnccs however
offensive, were not punishable. Tie .pcGu.
liar manner in which this charge had been
brought showed that Congress is resolving
Itself into school OF manners lie insisted
that telling the lrutl, nboat officers is not an
ollencc against the law, ani The truth in
This case had not been questioned.
The testimony Of General Thomas 90 dav
told nothing new beyond that tho President
had not instructed him to use force When
4 he was arrested, he vert first to the PrcSi-
hrni, who said that he was right The ease
" o 'ow in cour', Whore he wanted it,
The ruling Of the Senate az TO 10Y vii,
let in The evidence Ct General Sherman and
Tie Cabinet OH GERS
GenT'al Thomas was called for the de-
fence, lie was stopped by the prosecution
in describing his interview with the rrcsi
dent when the orders of removal and up
pointmcnt were handed to him Objection
was made, and the pci.rt claborately argaed
by Stanbery and Egarls for the defence,
and Butler and Bingham for The prosccu.
.idn
The Chief Justice submitted the DIGESTION
in the first instance, and the Managers
were defcatcd--d2 to- TO- Nays.--NIessrs.
Cameron, Conness, Chandler, Craicin,
Drake, Harlan, Howard, Nye, Ramsey, and
Thaycr.
Sumner broke ranks for the first time on
this question.
The Court adjourned.