Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-03-31

the Senate, for the reason tnat there was
vacancy in the Office of Secretary of War,
and that he had the right to appoint General
Thomas under the constitution.
That Notwithstanding the Senate of the
United States was then in session, it was
lawful and according to long and weil-estab-
lished usage to empower and authorize the
said Thomas to act as Secretary of War at IN
terinl.
That if the said act regulating the tenure
of civil Offices be held to be valid law, no
provision of the same was violated by the is
suing said order or by the designation of said
Thomas to act as Secretary of War al interim.
In answer to the third article, he abides
by his answers to first and second, so far as
the allegations contained in them are perth
nent thereto. He denies that his order to
Thomas amounted to an order. in the legal
and constitutional meaning of the word.
In nanswer to'the fourth article, he denies
that he did unlawfully conspire with ;Ihom-
as or others to prevent or hinder Stanton
from holding office as Secretary of War, or
that he was guilty of high crimes or misde-
meanor. He denies that Stanton was Secre-
tary of War at that time, and that he did not
advise Thomas or any other person or persons
to use any coercion to obtain possession OF the
Department of War; that no force was used
by Thomas in obedience to the President, and
was no agreement between him and Thomas
to use any force whatever. The allegations
of said article that there was an intent to use
force is wholly unsustained.
Inasmuch as to 9th article respondent de-
nies that he entered at any time with any
person or persons into conspiracy to defeat
the operation of the tenure of-ofice law, and
that there is no statement of the steps taken
in pursuance Of such alleged design.
In answer to the seventh article he denies
that he attempted at any time to take posses
sion of the property of the War Department;
that he did not commit crime and mlsde-
meanor, and refers to other articles to show
his intent.
In answer to the eighth article he denies
that he made an attempt to take possession OF
money and records of the War Department;
that he acted in constitutional manner.
In answer to the ninth article Mr.. Stanbery
read the Presidents note to Gen. Emory, and
stated that the President merely wished to
consult with Emory on some matters pertain
ing to the administration of his department.
Gen. Emory called his (the Presidents) at
tcntion to the law directing that orders to the
army shall be sent through Gen. Grant, to
which the President replied that he considered
it in conflict with the Constitution. The
article, after detailing the conversation be-
tween the President and Gen. Emory, denied
the allegation that the respondent had attempt
ed to interfere with or influence Gen. Emory
in an unconstitutional manner, and that his
opinion there expressed was what he honestly
and sincerely believed. ......
Mr.. Evarts then proceeded to read the answer to
the tenth article. The article gave the history OF
the committee and stated that, in reply to the ad-
dress of the committee, he made certain remarks.
He denied that he was correctly reported on tnat
occasion and that the remarks attributed to him
are not his precise words He also denied that the
speech attributed to him at Cleveland was correct,
and that as contained i'll the articles OF impeach-
mcnt, give true representation of his meaning
Respondent also denies the accuracy of the St. Louis
speech and begs that limited it shall be all con-
sder cd, and no part of it expungcd Respondent
further alleged that he had communicated his views
to Congress relative to the misrepresentation OF
made in accordance with his rights as an American
citizen, and President of the United States
Furthermore, the views and opinions expressed oy
him in these speeches are the same as he nad ex-
pressed to Congress, and should be 80 considered
In further answerto the tenth article, in considera
ton of his duties the people, he hath and has the
right of, on occasion pressing opinions to the pco
pie relative to the duty and character OF Congress-
The views motives and aims of public men /; and
that abridging the liberty of speech and the liberty
of the people he cannot but hold that rule was and
is his clear right aad duty Therefore he insists
that he but exercised the right of any citizen IN thus
addressing his fcowcitizcns, and therefore Is not
subject to Impeachment, or other action at law.
In answer to the eleventh article, respondent de-
nics that he declared affirmed that the Thirty
ninth Congress legal Congress. or that no
made any allegation contained in said article In
the address then made he said nothing OF the com
potency of said Congress to pass any laws while
Southern States were uureprcsentcd. He denied
that he had attempted TO defeat the operation OF the
act providing for The more efficient government of
the rebel States, or the act making appropriation
for the army and navy and he refers to other art
Giles to show his intent. Further answering, the
matters contained the llth article do not name,
designate, define any attempt, design or device
to render him guilty of the high crimes and mlsde-
mcanors alleged against him.
Upon the conclusion ofthe reading Of the answer,
at p. NJ. the question was put to the Senate by the
Chief Justice upon its reception, and it was carried