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El
OM
VOLIT3Ia
MIST OMR
TWELVE 0'
PENNSYLVANIA. LEGI
Commissioners Appoi ted—Re.;
cord of Honorably Discharged
Soldieri,---SUbstitntion of the
Otiginal Senate Free Railroad
Bill for the House
Passed Finally—Defeat of the
Re,trocession'Bill of the Anti
,ConsolidatioMsts...
[Special Dispatch to thePi
ttsbontii Gazette.)
Matiiisatmci, April 1, 1868.
HOUSE OF REPRESENTATIVES.
The Senate bill establishing an additional
State Lunatic Hospital for Northern Penn
sylvania, was amended by the appOintment
of Drs. Jos. A. Reed, of Pittsburgh, John
Curwen, of Harrisburg, and Snaill
1 of Easton, 'as Commissioners to select a 4 site
for the buildings, and 'passed to a second
reading.
The Senate bill authorizing Recorders of,
Deeds to record discharges of honorably
diseharged, soldiers, passed finally.
-The. Senateibill for the protection of side
i walks upon public roads and in unincorpo
rater towns, was passed finally.
' thellonseliillexempting manufacturing,
mining and quitiiying ComPanies from tax
ation or net earnings or income, when their
capita).- .stock. ill? taxed, wq.s defeated after
considerable discussion.
The Senate; bill, troviding that all rail
road companies Merging - prior to act of May
18tti,1851, _ shall '. Kaye ,the :samd_ powers as
companies merging under said set, was
,inthed.finany; . - .
The. following bills,. passed finally. The
railroad liabilities bill as arrived at on. a
amend. reading in the Senate.
Supplement to Ihe act for the better man
--agement of the Allegheny County -prison.
repealing:the Pittsburgh :consoli
dation act, more popularly known as the
retrocession billoyhich yes recently intro
duced by Mr. Smith, of Allegheny, was
considereclto4ay: -
Mr: "WltSOlt, - Of 'Allegheny, made a
lengthy speech against the bill.
Mr. Smith, of Allegheny, offered an
amendment leaving it to the qualified
electors in the toWnships of Oakhuld, Col
lins, Libeity,Peqbles, and, Pitt to vote for
or agidrist - edadliciation at the next Octo
ber election, and the townships to be dis
connected with. Flit:sin - ash if the majority
decide against consolidation. He spoke at
great length fer'hie anaehdment, believing
it ought to satisfy 1.41 parties. •
FORD, eiAllegheny followed against
- the amendment fp the bill.
) 1 !0..
spo,ize against the bill. The -amendment
Was voted ,
- Ite.isig, nays 58. Messrs.
Beckert, Smith. and Riddle of Allegheny
voted aye, and Masks." Ford; :miller and
Wilson of Allegheny, voted nay. The bill
sma also votedriewn.„ Adjourned.,
• , I
• i
4 • A
y
siraATE.
The origirial`'Betate kree 'Railroad. Bill
was substituted for 'the new Hotise - Free
Law,lviith the proviso objected to
by thq Governor stricken out. ,
Thefollowing -bills were pissed finally:
A bill revising and amending the o7ork;;
solidating laws regarding and licemthig
foreign insurance conipanies.
PrCventing the disturbance of camp meet
ings and other religious assemblages.-
Refunding to ( banks the tail paid under
the act of Februtuy 23d,1866, which was de:
dared, unconstitutional by the Supreme
- Authorizing the State to furnish prisons
with blank bookEi: ' •
' Granting to the. Canal the same privileges
as Railroads now enjoy. .
Allowing canal pommies to increase
their facilities for transportation, as it cathe
frbin the House "
Repealing the well known liquor license
law of last. winter, as it came from the
Rouse. 5 '
"Allowing inuirinice. eiiiiirianies to - trans
act business in other States.
Making eight hours a legal days labor.
Souse--In the afternoon the. following
billgidused film*: incorporating the Union
Lumber and Broom Company, to use
Youlibi?Sheny rivOrandtributaries; capital
unlicated:
Authorizing Millvale borough, Allegheny
county, to borrow five thousand dollars for
school purpases
the; School Board of Connells.
ville, Fayette county, to borrow money.
Authorizing' the renuoial of the ruins of
dams and locks of the Youghiogheny Slack
water Company.-- • .
Forr,the vacation and
,__sale burial
'ground of the Associate Reformed Church
.of.ritisburgh,and ramoval,of tho bodies.
Incorporating the . Miners and Mechanics
co-operative association of Monongahela
City.
Relative to °lairds of-James Dignarn, of
Allegheny County, contractor on the old
vortage railroad, which authOrlzes exam.
""Bastion and joayment.
Adjournedt 1, evening.
RHODE ISLAND ELECTION
BplitibUtiMirktery.
[Sy ToligniPtito Pitistniigh Ekieettel
~PBoVTDaNcE; April ~ 1 The' State oleo.
tion *utrssiiberefp-day,,. 'he return 1 0.=
. _
have-beenGaiernot received from eve
Stateexcept,•T; q
town in the
...,. ,
'I
- Vaiertiortnifidd&- has ti inajoriti 0f,4,809,
which the returns from the miashig town
gifil alithtly increase. Mils &bin of 100
r
- -... ..• ihlic ---- - last -
• 14.4,•
THE CM'ITAL.
Grant and Butler 'Reconciled—
_
Reconciled—
Justice Grier and the ItlcArdle
,
Case --Nlepotiem Checked—An
EditortOlie-Honored—Chicago
Convention Delegates Appoint
' ed For District of Columbia..::
tRy Telegruph to the Pittsburgh Gazeite.3
- WASHINGTON, April 1, 1868.
GRANT AND BUTLER.
The difficulty between Grant and Butler
has been amicably settled.
JUSTICE GRIER AND THE 3VARDLE CASE.
The position assumed by Associate Jus
tice Grier, of the U. S. Supreme Court,
when the .ll'Ardle case wascalled up on
„
Monday givesiisti to considerable &minent.
Alter Judge. Black concluded his remarks,
.
Justice Grier tubmitted - the following pa
per, which was read :
"E.rparte William McArdle—This case
was fully argued in the beginning of the
month. It is a case which involves not only
the liberty and rights of the appellant, but
of millions of our fellow citizens. The
country had a right to expect it would re
ceivethe immediate and solemn attention
of this court..: By the postponement of the
cast:3-011s Court will subject-themselves,
whether justly or unjustly, to the imputa
tion that we have evaded the performance
of a duty imposed upon us by the Constitu
tion, and waited for legislative interposition
to snpercede our action and relieve us from
our responsibility. I can only say: 4 Ptulet
hacc opprobria nobis et potztisse diei et non
potitiose rcpcli,'" or literally translated,
am ashamed if an opprobrium should be
cast upon the Court and that it cannot be
,refuted. '
DELEGATES TO TICE RF.PUBLIOAN NATIONAL
CONVENTION. .
M.
TURE.
Sayles J. Bowen, rostnaaster of this city,
and Major W. S. Morsel, President of the
Soldiers and Sailors Union, were to-day
elected delegates from the District of
Columbia to the National Republican Con
vention atChicagci. _ .
REJECTION BY Tun SENATE.
The Senate rejected the nomination of
John. HaneOck, brother of , Gen. Hancock,
for Collector of Internal Revenue, of the
First District of Louisiana.
COMMas - 1 - ON= OF MINERAL STATISTICS.
It is probable that R. W. Raymond, edi
tor American Journal. of Minnie, will re
ceive the appointment of' Commissioner of
Mineral Statistics.
FROM EUROPE.
Telegraph - Purchase Proposed in
- Great Britain—Revenue Defi
ciency—A Report Denied—Pub
lic Schools to be Established in
Austria.
[By Telegraph to the PlttsburghGraettc.l
GREAT BRITA IN.
PURCHASE OF 'TELEGRAPH' LINES
Lem:Km, April 1.-- 7 ln the House of Com
mons this evening Ward Hunt, Chancellor
of the Fichequer, asked leave to bring in
a bill for the,pnrchase by_ the:Government
of all lineS of telegraph 'in the Kingdom.
He explained taint the bill provided for the
appointment of arbiters who shall decide
as to whatprices are to bapaid to the seve
ral telegraph companies for their property
and interests in the lines.
The revenue returnreat Britain for
:the firstAuarler haven published, and
show a deficiency offiveknilhons sterling.
A despatch from Madrid gives positive
denial to the reported proldbAtion of Amer
can newspapers by the' gpanish govern
ment.
'VIENNA, April I.—The Refchsrath, after
rejecting an amendment proposed by the
clerical party, has passed the bill providing
for the general education by a s , system of
public. schools. ..
FINANCIAL AND COMMERCIAL.
LONDON, April 1--Eveni q - - -Consols
easier at 93. . Five-twenties tt; at 72a
nx. Erie 48%. Cent*B9%. At
]antic-and Great Western 3114.
FitaNtrFonT, April 1.-'-.Evening.—Five
twenty bonds closed at 7514.
ANTWEnt t - April , l—Evening.*—Petroleum
easien.litandard white 44. francs.'
LtvEriPool., April I—Evening.—Cotton
closed active and buoyant; sales of 30,000
bales; prices' not so high as at times during
the day, but closed firm; middling uplands
on the spot irgd, to arrive 11,011,0, Or
leans 1130. Breadstuffs closed quiet and
steady; Corn, 41s. 6d.; Wheat, 108. for Cali
fornia white, and 14s. 4d. for , No. 2 red
western; Barley, 58.6 d.; Oa_
Os. ld.; Peas,
64r
465. 6d.; Flour, 375. 6d. P Wons closed
quiet; Beef, 1225. 6d4 Pork ; Lard, 625.;
Cheese, 555.; Bacon, 445. Produce an
d= : ed. At
Thb Erie Railroad Alatte4inority and
Majority' Repotis to the York Sen
ate.
EBY Telegraph to the rittsburgn G matte.)
ALBANY, -April 1.--. Tames t. Bell was
eardlnited • Auditor iof the. Canal Depart
ment.
In the Senate, to-dg.
, m.l
. Va
re were made in tin e ter of the
Erie' . The majority flegard the
dealings of the Directors of that road as
highly reprehepsible and fokikurposes of
private emolument. The stook, they say,
although fraudulently put in circulation,
is nevertheless valid and bincllOg against
the Company in the hands of bonajidc hold
ers who - have their remedies in a court of
justice . ' and demands that the unfaithful
agents be , removed, but as zbe , Courts have
ample power over them, the ..Vommittee
deem4kunneccssary to report a bill.
Theminority commend the action of the
Erie Directors and think an act, should be
passed legalizing the ten millioria of stock,
and the contracts with the Barlena dr. Erie
and Michigan Southern roads W i Prohibi
ting any director of.the Erie being- a direc
tor in tho HudsoncHarlem andieentral and
vice • versa or any futtitia.'ecintractf
to consolidate said roads, etc.
No action was taken by the 'ffetnite • It is
underatood the canal Co opera are
determined too pen-the EasternAMlsion of
the. Erie canal on the 17th bnifizand the
middle and Western diiielomi4aNny Ist.
The Black river and Champlain will
be opened the lit of Atty.
In the Senate to-night, a bill=4ll3 latr6;-
4 4 Povidlng for the p int by
t;or frointwolo fiinfalkars for
mod bmnie of atoakb7llorportfr-
Mate::
REVENUE RETURNS
REPORT DENIED
AUSTRIA.
LIE!
ority and minor-
ten and Weather.
.„
, thernthanisn'aeimbi&)
A, t....
,A 'l`..4thiettellikkrtauly,,
pi .N. 44.14,4 ,
ATloakisilat.a maiirw,
....,,,, ~,.. 4011....0 • .11k ..
PITTSBURGH. THURSDAY,
SECOND EDITION:
FOITIT. O'CLOCK. A. M.
FORTIETH CONGRESS.
Progres:s. of the Impeachment
Trial—Examination - of Wit
nesses—Argument on the Ad
missibility,: of Mr. Burleigh's
.Testimony--SPicy Debate Be
tween the Managers and the
President's Counsel. '
[By TelegriOt.?uaill!;:ttqatatis4!,ette.)
WASHINGTON,-April I, 1888.
SENATE.
At a few minutes past twelve o'clocils, the
Managers of the Hdnse, in a Committee. of
the'Whole, with the counsel for the Presi
dent, having taken their usual places. the
Court of Impeachment was milled to order
by, Chief
. .lusqce Chase and the_ tninutes of
the last day's trial read up to the mention
of the vote cast by Chief Justice to decide
the tie vote on the question of retiring for
deliberation, when Mr. SUMNER made
a motion to correct the journal by insertin
the expression of the Senate that "the said
vote of the Chief JUStice was unauthorized
and of no effect on this motion." Ho de-.
manded the yeas and nays, which were
taken—yeas 21, nays 27, so the motion was
disagreed to.
The questionos to the admissability of
Mr. Burleigh's testimony about a conversa
tion between -him and - General Thomas
was stbmitted - to the Senate by the Chief
Justice.
Before the vote wastaken,
Mr. FREIL
INGHUYSEN inquired if the Managers
intended to connect the testimony of wit
ness with the resporidentt
31r. BUTLER answered in the affirma
tive. Argument ensued.
. Mr. STANBERY then rose and said the
Court had at length reaehed the domain of
the law on it question requiring careful
consideration and argument. He stated the
question to be, whether or not the declara
tions of General ThOmas were to be used
against the President, though not proven
to be authorized by him. It is alleged that
the gravity of the offense charged in the
first three articles consists in the issuing by
the President of the letter of authority to
General Thomas. -In -the Fourth Article the
offense charged is conspiracy with General
Thomas to obtain by force and intimidation
the office of Secretary. of War. These were
the only articles whose consideration
was now necessary. As yet, we have no
proof of anything said by the President be
fore or after giving this letter. of authority.
The purpose of the present attempt was to
show the Presidents intent in issuing it by
the production of irrelevant testimony
about the remarks made by Gen. Thomas
without - authorization by the President s
The President's intent could be shown only
by the orders themselves. The order and
letter of authority given to Gen. Thomas
did not make him a general agent of the
President but. they authorized him to do
only certain specific things. When a prop
er foundation of proof of a conspiracy, it
laid then deelaiations of one of the stiP
eqnspinat, ora may,bet denoted to. but.:
plleate; and then in this instance no such •
foundation of proof has -been' laid even
It it 'were admitted. He denied
that the letter of authbritv constituted a
relation between the President and General
Thomas of principal and general agent. It
could not be maintained that the letter WIL.4
in itself proof pf a conspiracy. The nature
of the order was according to the usual
formula to designate an office known to the
law, and to execute the duties of an office
established by law.. It would not be as-
sorted. that all . officers appointed by the
President became his special or general
agents,' The President and his appointee
were alike officers and responsible to laws.
The Managerifsay 'that they expect here
near to show a connection between the
deletaration of General Thomas and the re
sponsient. • -
Mr. BUTLER--I di') not say hereafter.
Df STANBERY--Did you say you had
donost•lteretofore? • •
Mr. BUTLER—No.
.....* - tSTANBERY—Then_ if you expect to
do ft you :mist do it lareafter, and either
meant what you did not say or said what
you did not mean.
The speaker went on, claiming it to be
an unprecedentbd'atterlipt to build a super
structure before laying the - foundation.
Mr. BUTLER i replied., He said the or
toUment of the respondent's counsel seemed
show - they felt the question involved
might decide their case. The Managers
claimed the President had long intended
to violate a certain law. He first called to
hiftitid•a General of the army, and then gave
an order to Mr. Thomas to take possesion
of the War office, which , counsel said, was in
the usual form. This he claimed was net
the time for that. He laid left certain ear
marks about it, which showed an unusual
intent, the wording - was. "You will im.;
mediately take possesion." Mr. Stan
ton, when he first yielded, did so,
.as he said, to superior • force. After
his re-instatement he was more strongly
fortified and no man not besotted could be
lieve that he •would again yield, except to a
superior force. The President could not
have expected him to yield otherwise.
The President intended to do an unlawful
act and Mr. Thomas consented to aid him
—thus a . conspiracy was constituted, and
on this ground the Managers claimed, their
right to introduce the testimony in ques
tion. They also claimed it on the ground of
the relation existing between the President
and Gen. Thomas as principal and agent—
the Commission to do just what the Presi
dent wanted him to do, vier; To obtain pos
session of the .war office. The 'declaration
of Gen. Thomas• about the common °bloc.:
tions made; to a man:whose support be was
trying to secure. No objections was made
by counsel yesterday, to the introduction of
testimony relating to what was done by
Gen. Thomas in the War Department while
the President was not there.
Mr. STANBERY—Gen.Thomas was then
acting within his authority.
, Mr. BUTLER. continued, and cited au
thority to support his views regarding ad
missability of declarations in proof of-con
spiracy made by one conspirator in the ab
sence of another. Ile proceeded to state
that they proposed to ahow,through the evi
dence under cilicusaion, that Gen. Thomas
intended to use force, but Was prevented
by the arrest. He referred to " the remark
of Mr..Stanbery, that they had. now reach
ed*lnts of law worthy to 'be 'argued by
lawyers. to. lawyers, and they hatilready
had a question worthy of debate by states-
men, and he (Butler) protested against nar
;awing the qmestiou.doWirto the argument
of attorperth____
Mr. -rejoined r that . that: Wares suffi
cient objection to thc.finht part of theAties
tiou to be ,subrains. that, the, evidence
sought to. :Pe: ingradueed waalmmiterial
charges An, billo%,whether.pede by scom
peteltt'oXll*DgideutMtiie* wap also
gt ic,obiisitiosi3thst4hs declaraticia hominy.
°tithe etwolOrk:. 'Orlast*taktli t ertstidept s
ii t t et trobsor botoWo46,494,lnitti, by a.
laussar alto*. to 4100211 wham or
.reocv
MEM
.‘ . ,
nized as exception to the rule: it brief,
no'declaratiorr - of Mr. Thomas could - show
the PresidenVe intent, and. if any could
they' must---have been made as sworn
testknOnv.F The i fitanagers i elaimed to have
Shown therewas - a cons Piracy to remove
Mr, Stanton by force, whereas the only evi
dence they had presented was an endeavor
to show tutnply,thpre was a conspiracy to
remoirti - Mr:" . 'Stentort. - Nothing 'had; been
advanced to,prove that the eniploym nt of
force \lda contemplated. He combatt d at
length the argument of Mr. Butler, lain-
Wining that the authorities cited b the
latter wore not -vii licable to the poi t in
sir eii
dispute.: The state ent of - Mr. Butler that
the President's - 4in , er which admits this
intention -to remove - Mr. Stanton- frpm an
-office he legally held, was not correct.
'Mere can - bn - ,lttrsuch thing as - treontrpiracy
between,.COlntatiller=in7chief and the sub
ordinate' officer- He is not liable for the
fact that. - the . zeoriumuider-in-chief issues
the order and the enborditiate obeys
it.: -I, ~ therefore, , respectfully submit
that the honorable Managers have not only
not proved a 'conspiracy" to remove Mr.
Stanton by fOreeti.,but they have offered no
evidence to rase - any - conspiracy at all.„
It rests ,exaegy where the written orders
place itn :triler from a superior officer
to an inferior officer, and an assertion by
.him to execute that order. The first thing
is to prove the conspiracy, which .
is a separate ~and independent fact.
Now, in. . that. :case, the Government
undertook to' show in the first place that
there was a conspiracy, and • had proved - it
by testimony as to the assembling together •
of a body of men for the purpose of military
trainhag;l4;:Having proyed the-conspir
acy, they then gave evidence io show that
the defendant had subsequently joined the
conspiracy. That Was all relevant and pro
per. If the Managers will take the
first -step here, and; in support of
their . artieles, undertake to show by evi
dence . a conspiracy existing between the
President and- General Thomas, then they
may go on giving evidence of the declares
tions: alone ..or - both of them, and until
they .do I submit that they cannot give
such evidence.:. I. ought' to sayithe state
ment by the honorable Manager that the an
swer of the President admits his intention
to removelir. Stanton from office illegally
and at alPhazards, is not so. The-honorable
Manager Is mistaken if he has so read- the
answer, es.it distinctly says, :in the. first
pliice, that the President believed, after the
gravest consideration,, that Mr. Stanton's
csse wattnot within the Tenureof office act,
and the answer further says that ho never
authorized General Thomas .to employ
threats of force or intimidation. If the
Honorable Manager • is to refer to the an
swer for, evidence for one purpose he must
take it US it stands. .
Mr. BINGHAM followed, denying that
there was any ground for 'the assumption
that the Senate was restricted' in consider
ing this matter - by a question' whether it
had - seen proven that force was intended to
be used by the President. He read the 3th
artiele,und the sections of - Tenure of Office
act, and claimed that the President and
General Thomas could not shelter them
selves-by asserting that their action was a
matter of obeying a military order. The
Managers de not rely merely upon the de
claration. -of ..General Thomas,-to show
that- intention .of the President. They
would would show from his own written
-confessions that his long meditated
~ "!act, b een to violate the law - of
Lan reams.. Ihenrguments of ..his counsel
-hadhemiaaore plausible and ingenins than
ta:ffintt: 4- '3etieray'l'homas did: riot act that
day as Adjutant General, but as Secretary
' of 'War ad interim, whom he claimed to be.
The - desire - of counsel was not simply to
have this testimony ruled out, but to ob
tain some sort of a decision by the Senate
of a question of guilt or innocence of the
President. -The conspiracy, entered into
here between these two parties was to pre
:vent the execution of that law. This is so
plain that no man can mistake it, nor can
the President, in the presence of this trir
bunalt nor General Thomas either, sheite - r
himself by the intimation that it was a mil
itary. order to a_.,,sebordinate 'mil
itary. officer. I Wish to " show,
in the - presence of the Senate,
that if that were so, it Weald be competent
for the President of the United States, by
issuing a military order to-morrow, direct
ed to _Adjutant .General Thomas or any
other officer of the Army of the United
States, to disperse the army of the nation.
This is an afterthought. It is no military
order; it is a letter of authority within the
express words of the statute and in violation
if it. The evidence is that GemiralThomas
accepted and . acted on it. This evidence
was given yesterday, rind was received
without elections .. It is too late, now,
to make e objection. It is perfectly
justifiable in this ; tribunal for mo 'to
say further • here, and to say it on my
own honor; as. ono of the Managers of the
House, that we rely not simply in the decla
ratioes of General Thonias to show the pur.:
pose of the accused, or to disregard. its •
plain provielons, but weetpect by the writ
ten confession: of the accus ed himself to
show to thee Senate this day, or as soon
thereafter as can be done,that it was
his 'declared determination in any event
to defy authority of the Senate. There was
no intimation to theSonate of this intend-'
ed interference, - The President grasped the
power in his own :hands .of repealing the
law of the nation, of challenging' the Rep
resentative. of the nation.. to bring him - to .
this bar to answer, and now when we attempt
to progresa with the trial, according to
known .and established rules of.- evidence
in courts of Justice, we are, met by the ,
plausible and ingenious—more; plausible,
and more ingenious than sound-remarks'.
of the learned counsel for the. accused;
:'that the declarations of one, co-conspirator
cannot be given in evidence againstanother
as to the mode of executing the
conspiracy. I .state .it perhaps a
little more strongly than the counsel
did,' hut that was exactly the significance
of these remarks. I would like to know
whence he derives any such authority. A
declaration made is the execution of a con
. spiracy by a co-conspirater is admissible,
even .as to the mode on which
he - would execute and carry out
the common design. 'lt is • admissible
not simply against himself, but admissible
against 'Ms co-conspiracy. It is admissible
against them not to establish the, on inal
- conspiracy but to prove the intent of the:
conspirators. The - .conspiracy . is' com
plete —whenever the ^argument will
violate the law, no matter whether an overt,
act be committed afterwards in purtnianOS
of it or not; but, the .overt' acts which are
committed afterward by . : any _one of. the,
consgiratersimpursdance of the conspiracy
is evidence against his co-conspirator. That
is precisely the ground on:which the ruling
Was made.yesterday by the presiding officer.
of the Court.
- .Mr. - "BINGHA.M . 'reviewed:- the eirenm
stance of the suspension of Stanton; and
the " subsequent , action by -the -.President ,
hetaid;was not in itessinslanCewlth ,
the terms of the Tenure of. Officio la*.
Mr; 3011N13915 . , wooho q ues t i on wheth
er the Managers proposed to rove that the
• 'President authorised Gee. Thome* to use
force if neoessark; and'' whether. the 'Preis!:
dept endorsed the deolandione .of Thomas
after sll tr Wera roads
GRAM laid the Managers most
decline answer so geneislkquestion. ,-
IMAMS rose - tO speak, but
attehttelt-te the
~f l
APRIL 2. 1868.
rule limiting bobate on each side to one
hour, which time, he said, had about ex
pired. '
The CHIEF JUSTICE made an inaudible
remark, and
.Mr. BUTLER wished to know whether
these questions would ever be decided, so
that the Managers might know what to
rely on.
The CHIEF JUSTICE stated the eflectof
the rule.
Mr. DRAKE subviiitted a point of order,
that decision must be made by yeas and
nays.
Mr. CONKLING moved the counsel for
the President be allowed time for further
remarks, as they had, been under a misap
prehension as to the bearing of the rule.
Mr. EVARTS said thy had not yet ex
hausted their hour, and 'Mr. CONKLING
withdrew his motion.
CHIEF JUSTICE CHASE stated the
question to be whether.the question of Mr.
Butler should be put to the witness Bur
leigh?
Mr. DRAKE'''. again made his point of
order, and was not sustained.
Mr. JOHNSON called for a reading Of his
question to the'Managers.
Mr. BOUTWELL stated they had de
clined to answer, it, considering it too much
in the nature of an argument. Yeas and
nays being demanded, resulted 39 to 11.
Mr. Buileigh was then called and said
that on the evening of the 21st February
he went to see General Thomas at his resi
dence.- Thomas told him he had been ap
pointed Secretary of War ad interim, and
had gone to the Department and demanded •
possession. Mr. Stanton asked him if he
would give him time to remove 'his papers.
The witness understood Thomas to say he
had already issued orders as Secretary of
War. He also said he intended to take
possession at 10 o'clock. In reply to an in
quiry by witness, General Thomas stated
he would use force to obtain possession if it
were refused him. .
Mr. BUTLER asked witness if he had
had any conversation with Thomas while
he was acting as Adjutant General.
Mr. EVARTS inquired to what date the
question applied, and Mr. BUTLER said
this appointment to that office was made
about a week before he attempted to gain
possession of the War Department.
Mr. EVARTS asked what was the pur
pose of the testimony.
Mr. BUTLER said it was - to show that
General Thomas had attempted to seduce
his brother officers from their duty just as
Absalom had sat at the gates and tried to
draw off the people from their allegiance to
King David.
Mr. EVARTS—Do you intend to" put Ab
salom into your question?
Mr. BUTLER—No. I use him as an il
lustration. [Laughter.]
After a recess of ten minutes Mr. BUT- i
LER read the question which he proposed
to put to the witness as to what he had
heard Thomas say to the clerks of the War
Office (luring tlier week prior to February
21st. 4
Mr. EVARTS objected, on the ground of
irrelevancy.
Mr. BUTLER made a short reply.
Mr. EVARTS rejoined; denying that the
ruling which permitted the introduction of
the declandion made subsequently to Febru
ary 21, allowed, the presentation of .a declar I
ration made previous to that time. There
had been no proof adduced in support of '
the aspersions and villifying reinarksmade
about Gen. Months and they were uncalled
for, certainly at the present time.
Mr. RDIGHAIki iirgned briefly in reply,
And eltervatlfrioritleifWete pcso
sition of the Managers. .
CHINt JUSTICE ruled that the ques
tion could not be put to witness, evidence
having been offered in proof of a conspira
cy before Feb. 21st. '
The question was submitted and the_ yeas
and nays resulted 29 to 22, and the question
was put. . •
The witness heard Thomas make an ad
drets to a number of clerks in the war
office, about a week or ten days prior to
February 21st, in which he said he intended
to relax the harsh and arbitrary rules made
by- his, predecessor,
and, regarding the
clerks as gentlemen they could go out and
come in when they pleased, if they were
absent only a reasonable time.
Mr. BUTLER asked if Mr. Stanton had
acknowledged that , the testimony given by
witness betore the House Commettee was
true? .• Question objected to and with
drawn. _
Mr. BUTLER asked if Gen. Thomas had
since February 21st, restated any portion of
his conversation with Mr. Burleigh about
breaking down the doors of the - War De
partment; objected to by Mr. Evarts, as
were also several modifications of the ques
tion, which was finally put as folloWs
Have you had any conversation with Mr.
Thomas since the first one, and since his
appointment as Secretary .of War a d . l
interim, wherein ho said anything about
using force in getting into the War office,
or in anyather way re-asserting his former-,
conversation, if so, what ? Witness re
plied that he had asked General Thomas
last week why the performance promised
had not come off. He answered it was be
cause he was-arrested by the Marshal early
in the mornibg, otherwise ho would have
have broken i ffi the doors, (tic.
On cross-examination by, Mr. STAN
BERY, the witness. said he went to the De
partment on business with the Adjutant,
General Thomas madethe same address,to
each of four or five clerks Ss they came
into• the oilice,,,that hembuld not hold them'
to' t strict accountability, about coming: to
work precisely at nine o'clock; but that, on
resuming his position as Adjutant General,
he was disposed to relax somewhat the se
vere rules made by his predecessor. He
should of course expect a faithful perform
ance of their duties. He spoke only to the
employes of his own Department. .
Samuel Wilkinson was then called. He
testified that he bad known Gen. Thomas
six or seven years; had a conversation with
him on the afternoon of February 21st, at
the War Department, in which 'rhomas
said that since the affair had.become public
ho felt free to talk about it without reserve.
He stated he had demanded -possession
of the war office, and Mr. Stanton
bad asked if time would be allowed
to-remove his papers, which he (Thomas)
granted. He expressed to witness his in
tention to demand possession on the Mon
day following, and would; - if necessary,. call
- on the General of the army far assistance,
which he thought would , not be reffised.
.At Willard's Hotel that evening he reiterat
_ed . the _same intentions; except that he
-would carry. it into effect next Monday.,
1 - He seemed to mean what he said.
, prose -examined EVARTS-Amcon
, nested with the press. General. Thomas told
him on Friday that he bad issued an order to
close the Department on Saturday
ness did not know = whether he issued it as
Adjutant General or Secrettgy of War.-
. On direct examination—Ward Thomas
say that he claimed to be. Secretary of War.
: 03 eorge Karseener—Had knowniGen.
Thomas for many years; saw him , et the
levee;of the President on the 9th ult.; , . said.
t" ) -hin:. 1 ;'Oeneral, the eyes of .Delaware
'upon
_you; the, peoPle, ask you to. ..stfuld
Sri*" He replied *St he intended to, and
in'ashott time he would kick' that feliciw
out. ;He-did not say who it was he intended
to lii' but witness understoodhim to re.
fertoMr. Stanton.'
AChomexamined-IfyMr eir.A.NBER,Y-":-
Saw General Thomaath l est time before in , '
New Code Del • dld o
not speak to him
NUMBER 79.
then; dOes not remember 'when and where
he ever spoke to him before; did not come
from Delaware to see Thomas; when in the
East room he felt a desire to see him and
the rest of the Cabinet; being from the same
State he wished to pay his respects:to him;
Thomas was pointed out to him ,by Mr.
Tanner ; he introduced himself; the
idea of kicking out did not come from
the witness; did not know whether he
approved of the line of condult which Gen.
Thomas spoke of taking. Witness commu
nicated this conversation to Mr.* Tanner
that night, and to several others' next day;
among them was a Mr. Smith from Dela
ware, whose name was not John hat Wil
liam, and he [dame from the Brandywine;,
witness was summoned before the Commit
tee about the 13th.
Re-direct;—after his extunination, Mr.
Thomas was in the Committee room.
Mr. BUTLER—Did Gen. Thomas there
upon admit that what you had sworn was
the truth? Objected to and the Court da
journed at 5:10, the Senate goink into exe
cutive session. •
HOUSE OF REPRESENTATIVES;
The House met attwelve o'clock t,t. The
reading of the journal was dispensed with
and the House resolved itself into it Com
mittee on the Whole and prcxseetied• to the
Senate Chember.
CALIFORNIA - .
4 ''' te Convention— Platform
Endorsed for the Presi—
Repel? Man Si
Adopted—G7
dency.
(By Telegraph to the Pittsburgh Gaiettc .3
SAN FRANCISCO, April I.—The California
Union State Convention met at Sacrattlento
on Tuesday, and selected delegates- to the
National Republican Convention to meet
in Chicago. Resolutions endorsing the ac
tion of Congress on reconstruction meas
ures, the matter of impeachment, and ex
pressing confidence that the Senate will
fairly .and impartially discharge , its
duty . in the imposed Court' of
impeachment; in favor of the strictest econ
omy in the administeation of national af
fairs- '
regarding repudiation of the national
debta crime against the loyal dead and an
abandonment of the principles upon which
the war for the Union was Sought, and in
violation of plighted honor; considersng . it
the duty of the Government to protect citi
zens at home and abroad to the fullest ex
tent of the national- power, especially no
foreign nation should be permitted to arrest
or pnmsh Americans for any offense com
mitted on our own soil. General Grant is
the unanimous choice of the Convention for
President. •
BRIEF TELEGRAMS.
—The Spiritualists of Boston and vicinity
celebrated the Twentieth Anniversary of
the advent of modern Spiritua . lista ,Thes,
day at Music Hall. The attendauce wgs
very large. In the afternoon there_ was st. ,
parade through the city of some four or five
hundred children—pupils of the IYrogres-
sional Lyceum,
—ln the lowa House the Judiciary Mo- ,
mittee reported in, favor of -instructing the
Attorney General to. take the legal,.stcpa
necessary to ensure the construdiof
the Chicago, Rock Island and Pacificiliail
road, which report was concurred
.
. •
—The political excitement As intense all
over North Catalina, and both'. candidates
for•Goverturj••anwell tts-Ez4lo lo o l6 r4krs'
ham and Vacitv and other lea l in aiveLoirer - T.'":
canvassing the -State. Not less ii : tals
hundred speeches per day are - •
—The Herald's Washington' dispa
says: There is a -project on - font to - add an.
amendment to Churchill's bill `on its _third
reading ranking Grant the, andeessb . r of
Johnson aiidrrush the bill:thrOtigh under
the previous ottet3tiofiv_`.. • '' 1;
.
—ln New :York,: building N0.e..1;:i Fulton
street, occupied by Sildtionse Pi as a
box factory, Holton N Lee's - clettitig„
room, and other occupants,
to the amount orseventy 7 flyetheusuribler.
lam' worth, yesterday morning, by
Hariceck in published' orders .1'1+,1 . 7 , ,
nounces Brevet4Jeut: Col. W. G. 'Make%
as acting- Asstettikt,Adj_utant G enes 1 , arid
Brevet-MajoV S. S. Caxroll, as. acting
Assistant General Miliidd
De
partment of - 3 Atlantic. - •
—ln New Albany; Indiana, yesterday,
Mrs. Mary* Reek committed suicide by
hanging herkelf In the back room of , her
husnd'it•• ieSidence. Cause, temporary
insanity, superinduced by the use of strong
drink. • • ' • ,
—A dispatch from Marysville, near Har
risburg, says that be the falling of a tree
near that place, on Tuesday, Johri:Hemp•
hill was killed and James 07 and J. A.
Naylor were seriously ' •
—The fuheral of seven miners, victims of
- the Diamond mine accident, took place yes
terday afternoon at Hyde Park Cemetery,
at Scranton, Pa., in the presence of 4,000
people. • •
—Among the witness summoned for the
President are General Sherman; W.-. Ar
mstrong, of Cleveland, B. Able or st. LOU*
and L. D. Campbell, late Minister to Mex
-The North German flag was, in accord
ance with notice, issued byKing Willikm of
Prussia and hoisted on all German vessels
inthe New York port yesterday. •
--Superintendent Kennedy, of New York,
.it is reported, ordexed the pollee to restrain
news agen t s - from: of h flash sen
sational journal published in Boston.
—Recent difficulties with the Philadel
phia city gas trustees have caused Mr. Jo
seph Mansell to resign his position as chief
engineer the works. - - -
—ln Richmond it is understood _General
Schofield will shortly issue an order re
moving Governor Plerpnrit, Joseph Mayo,
Mayor, and. T. U. Dudley,.City Sergn-t
-Harriet` Livermore, a remark-able woo
man who traveled in the East 'and-wrote
several works of 'merits, died in German
town on Tuesday, 'aged' eighty-two Years.
—At an election at YoukerslyesterdaY
the Republican supervisor was chosen by
218 majority, in a heavy vote. The Demo
°ratio majority last year was 297
-It is thought that the half mion of
lelollans advanced in. gold by Chili Ao
Arnand, of France, far Ironnclads t will prows
a total loss to the Ciovernment. •
—Foot's block; Sp eltl, Mass., was
damage d twenty-fiVe oilman& dfillars'
worth by . fire on, Tuesday night. Insured '
Hartford—The interior of the Webster Woolen
Mill a t sabattis, - Maine, bnrrietd oa
Monday night Loss, : heavy,; partially in
-Dr. Wilson Carr has been appolnted
General Coroner for - Balthnore, - Ihrus dls
placing the old Ventura.
'--The Ohio MetlPßoUlat Folios bill AB it
paßt. ,, ti the Ohio Senate' passed the , fosse
7 08 teritiY and is now a w., ' •
The steamerhimney Uri in
Henry- C
New York yesterday. front Panama. with
1 1641000 in.11 0 /0 - - ' • ,
account of heavy rains, t hesh
crop of Chill promises to ftroVO urn, •
—Jive yonow 024,arprory.t . , to l listabi dus
_
~-t-Perst has ettlkated` a Waite 141flikrigorph