Year: 1868




been snubbed by botb he endeavors to iamper


with General Emory, and presumiug he viii be able


to draw him into his purposes proposes the use OF


the Maryland militia part Of The forces Of the
| Washington District. General Emory, however,


advises against the use OF the Meryland militia as
being uniformed in Confederate grav and Offered
by gentleman who had served IN the Southern


army and tho General having further declined to
obey any orders, except thev should come througb


Ccafederate in another quarter The Washing
ton military District includes the State of Della


ware and The Stlte of Dolaware included discard
ed army officer named Lorenzo Thomas, who, for
some reason, hsd been suspended lIom the post of
AdiutaHt General in The WeF Ofica. Here was


Rt instrument 10 pit against the Secretary; so Mr..
johnson, with his usual regard for the fitness Of
things, picks up LorezzO aud restores him to bis
place. The proof then shows that Lorenzo on re-
turning to bis post begins by harsnguDg his de-
pendents with promises Of easiar times now that
he is back, by way Of laying the foundation of an


allegiance to his own person. just as his master,


johnson, had done with General Hancock The


plot progresses in few days to his appointment as
Secretary Of War al interim, in place Of Mr. STAN
ton; and, finally, this latter act eliminates in Lo-
ren5os open declarations that he intends TO expe


that high officer by force. Further testimony is
given Through General Thomas own admissions)
that he would have kept this threat good, had 8


Intentions not been intercepted by an arrest st law


This, with the proof of the language charged rs
having been used in the Presidents speeches proof
OF his dispatch TO Governor Parsons, of Alabama
advising him 10 have the fourteenth constitutional
amendment defeated by the Legislature as the act
of "a set Of individuals !" and, finally the exposure
Of the falsehood of his answer to the effect that be
never recognized the civil tenure act form the pros
ecutors case. In that answer the crime is admitted
but guilty intention is denied; yet, to disproVe
guilty intention, the President tells the court lie
and this guilty intention stands confessed But in
every other point the case Of the prosecution is i'm
pregnable. The evidence from first to last goes
straight to the facts alleged the points clearly
made, aud taken n whole, the case must be re-
garded as one Of the most complete put before
jury How its proofs are to be refuted, or even
unhitched from the accusations, passes oursconcep
tioni for not only is the main hope which was
nnFsed iD the Pickering precedent, disposed Of but
the guilty intent Of the President which that pre-
cedent expected to dilute has already been in
cidentslly decided against him by the Senate, in
the large vote of thirty-nine against eleven. This
decision was ELECTED by objection made to
ceiving the admissions Of General Tho mas Of his
intention to force to onst Mr. Stanton as impli-
eating the President in this latter purpose. Mr..
Stanberry objected to these admissions, on the
ground that the relations between the President and
General Thomas were not those Of principal and
agent but those only of superior giving orders TO
an inferior, in which relation the superior is not
bound by the manner In which the inferior chooses
to carry out his orders The reply of General But
Ter TO ehs theory was that the articles of impeachs
ment charged johnson and Thomas with being CO.
censpirators in joint purpose to violate the law
that, by the rules Of criminal evidence, the admis-
sions of conspirstor may be used against the
other to indicate joint unlawful purpose; and up
on this rule he asked that the admissions of General
Thomas as To bis intention to force, should be
received as Indicative of the directions of the Prezi-
dent. We are told, however, that the President
will show that, instead Of having warranted Thom-
rs in the use of force ne eounselled him against it
but such proof will not affect the argument as, in
the contemplation of law, every unlawful act is
companied by force.


What can be said in answer TO this case il is diff
fcut to guess. We are told that the Presidents
counsel will assume that the tenure ooee act does
not apply to members Of Mr.. Lncolns Cabinet
holding on sufferance under Mr.. johnson and il is
said that the letter TO Mr. McCulloch recognizing
the tenure act may be referred to by the defence as
showing laudable desire on the part of the Presi-
dent to obey the law, until proper opportunity
should rise to make test under it. But all
this is very shallow. In the Interpretation of laws
the main object to ascertain the intention of the
legislature and il cannot be pretended by the Pre-
sdent or bis counsel that they were ignorant of the
fact that it was the special intention Of the Congress
which passed the tenure Of office act, to defend Mr.
Stanton through that act, from removal by the
President That intention, therefore was the lay
Mr.. Jobnsons knowledge Of that intention made
the law OinQlng upon MN ana tnere was C0BSe-
qaently no right left to him, Of going before the
Supreme Court on pretence Of disputing the Con-
gressional intention Of that law.


As to the quibbe that the tenure act applies only
to the term of Mr. Lincoln, and does not affect Off
GERS holding under johnson, it fails by the same
rule; while it is equally disposed of by the fact
that the term for which Mr.. Lincoln was elected
still exists, and Mr. johnson, well his secreta
ries are all engaged in serving it out together
There is possible argument therefore, which
Mr.. Johnsens violation of the civil tenure law can
be excused It is the great crime Of ALL (of which
the other offences serve only to show the eolor,)
and being persisted in till this moment, by the
OF Thomas in the Cabinet, all pretence is disposed
Of that the notice upon Mr.. Stanton was only to
serve the purpose OF paper case. One cannot re-
tain the signs and fruits of crime and yet expect to
be forgiven for the crime. While We regard the
proofs in support of the three last counts useful
in showing the full motives Of the President, we
think that the managers might have safely gone to
the court for verdict on the reading Of the
The main proposition involved in the articles Of
impeachment and in that reply is of a very simple
character, It is whether the President after law
has been passed over his Veto has the right under
the Constitution TO reject the law and execute his
Veto If he has this right, as he assumes to have,
by keeping Thomas in his Cabinet, then Stewards
Crestine policy is fulfilled, and the Senate, by en-
dorsing Johnson's conduct, will decide that Andrew
johnson shall no longer be President, but King !
That will be the effect of every vote cast in his
cuse whereupon this unhappy country, resigned
into his hands, will relapse into new period Of
anarchy and horror.