Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-18

| Cole, Coukllng, Conness, Corbett, Cragin,
| Dawes, Drake, Edmunds, Ferry, Frelinghuy-
| sen, Harlan, Howard, Howe, Morgan. Morrill,
| lMe) Morrill, (Nt) Patterson, (N.HD PomeToy,
| Ramsey, sherman, Sprague, Stewart, Thayer,
Upton. Williams, and Yates-29
| Some confusion occurred here, lasting five
minutes or more, when Mr. Eyarts said the
| counsel Were already 10 proceed.
The Chief Justice directed snators and
me embers who. Were standing TO resume their
| seats
MIR. Eyarts then resumed the examination Of
| Secretary Welles, and asked whether al the
Cabinet deliberations on the tenure-of-ofIice
bill from the time il was presented TO the Pres
ident until the time the veto message was sent
in, the question as TO whether Mr.. Stanton
came under its provisions was discussed.
MIR. Butler objected, and the proof was re-
duCed TO writing: I'VE offer to prove thai ar
the meetings OF The Cabinet AIr. Stanton being
present when the tenure -of-office bill came up
for consideration, the question was asked, and
the opinion expressed that Mr.. Stanton and
the other Cabinet officers appointed by Mr..
Lincoln did not come under its restrictions
MI EyaIts then argued in favor in favor of
the admission OF this testimony. 1t was the
subject OF great inquiry in both Houses Of
Congress as 70 whether these Cabinet officers
appointed by Mr.. Lincoln come under the pro-
visions OF this act, and IL was also a subject Of
inquiry at the Cabinet deliberations.
MIR. Butler said the President, when he said
that Mr.. Stanton had given up 10 Gen. Thomas
did not claim that he had done so because he
did not come within the tenure Of office law,
but because he was a coward. Mr. b. read from
the message of the President yetoing the bill,
IN which nothing was then said about the Cab-
met officers, appointed by Mr.. Lincoln, not
coming within the provisions of the bill.
Mr.. Eyarts said the question as to whether
the Cabinet officers OF Mr.. Lircoln came within
the provisions of the bill was not a constitu-
uonal one, and of course the President dad not
disown that IN his message. Mr.. Stanton, when
he was suspended under the provisions of the
bill, did not recognize its validity, as he dis
tnctly ayerred that he only yielded to force.
The Chief Justice decided the question ad-
mlsSable. " hen Senator Drake Asked "A Nofa
upon 1T.
The Senate refused to allow it as follows:
Ieds-Messrs. Anthony, Bayard, Buckalew,
Davis, Dixon, Doelittle, Fessenden, Fowler,
Grimes, Henderson, Hendricks, johnson,
McCreerey, Patterson, (Tenn.,) Ross, Sher-
man, salisbury, Sprague, Trumbull. Van
Wrinkle, Nickers, ,andWilley-22.
NGgs-Messrs. Cameron, Caitell, Chandler,
Cole, Conness, Corb-tt, Cragin, Drake, Ed
munds, Perry, Frelinghuysen, Harlan, How
ard, Howe, Morgan, Morrill,, (Me.,) Morrill,.
(Nt,) Patterson, IN. H. Pomeroy, Ramsay
Stewart. Thsyer, Upton Williams, Wilson,
Mr. Evarts-Mr. Wells at any of the Cabi-
net m6 etin.s between the passage OF the civil
tenure act and the removal of Mr.. Stanton did
the subject of the public service a affected by
the operation OF that act, come up for discus
sion.
Answer.-It did and was repeated
Question.-Was the question considered Of
getting some judicial determination as 10 its
consttutionallty.
Mr.. Butler objected. II would be easy by a
series of weil-continued questions 10 ascertain
merely answers OF yes and no. what had really
took place III the Cabinet deliberations.
Mr.. Eyarts said that they offered 10 prove
that between the passage of the act and the
moYal OF Mr.. Stanton At was determined in
Cabinet delIter alton that the public service re-
quired judicial determination upon the con-
stitutlonallty of the tenure ofofiice law, to be
Obtained by making mp some proper case.
MIR. Butler said 1t was understood by the
Managers that the Senate had laid down the
broad rule that these Cabinet consultations on
this bill should not be received IN evidence.
and this exclusion OF the evidence ia whole
sale was now attempted TO be eyaded by get
ting IL IN by detail, which was enough to weary
out the patience Of the Senate. The Senate had
four times expressed IFS opinion on the consti-
tutonality OF the law. twice on the bill itself
and twice in the case of Mr.. stanton.
MIR: Evarts said the patience of the Senate,
which had been so much alluded TO in the
course of this trial, SEEMED TO be- IN the opinion
OF the Manager. a kind of senilatsral patience.
The Chief Justice submitted the question To
the Senate.
Senator Henderson propounded the query TO
the Managers: If the President shall be con-
yIc'ed, he must be removed from ofiice-if his
guilt is very great, he NAV be rendered ineligi-
bic for any office-canEvt this evidence then be
offered in mitigation
Mr.. Butler said the evidence in miti CATION
could not be offered until after the verdict of
guilty was rendered. After the verdict testi-
monials to good character [laughterl &c.
could then be put in. He objected 10 it "a COM
petent evidence at any time. He asked the
MdudeeIs NnttntT lney proposed 10 OHer IL IN
mitigation, laughter, as he did not doubt
verdict of guilty.
The Senate then refused to receive the eyi.
dence, as follows:
TeCs-Messrs Anthony, Bayard, Buckalew,
Davis, Dixon, Doolittle, Fessenden, Fowler,
Grimes, Henderson, Hendricks, Johnson.
MeCreery, Patterson OF Tennessse, Ross, Sauls-
bury, Trumbull Van Wrinkle and NIckers-I9.
Ndys-Messrs. Cameron, Cattell, Chandler,
Cole, Conkling. Conness, Corbett, Cragin,
Drake, Edmunds, Ferry, Frelinghuysen, Hsr-
lon VIox nd IInu- lNre .rr,ll e
Morrill, of Vermont, Patterson of New Hamp-
shire, Pomeroy, Ramsey, Sumner Sherman,
SpIague, Stewart, Thayer, Upton, Wiley,
Williams, Wifson and Iates-3o.
The Senate then at p. m. took a recess of IS
minutes.
At 2:25 p. m. the Court again renewed its ses-
sIons.
Secretary Welles again came on the stand
MIR. Eyarts.-Was there IN the period en-
braced in the inquiry of the last question any
discussions respecting the operation OF the ten
urp-of- office act.
Wiiness.-There was.
Question.-Was there any discussion as to
the vacation OF any office or obtaining possess
sion OF the same 10y office.
Mr.. Butler objected, and the question was
reduced TO writing.
MIR. Butler said because the President did
not tell A Il and & that he intended TO use force.
that was no proof that he did not tell + r and
G.. They objected TO this testimony wholly
immaterIal.
The question was put to the Senate by the
Chief Justice, and the Senate refused TO allow
the question by a vote of 70 to Is.
Mr.. Wells was then cross examined by Mr..
Butler. Had no other commission than the one
given to him by Mr.. Lincoln.
Mr.. Butler.-Does Gen. Lorenzo Thomas
meet with the Cabinet as a member.
Mr.. Eyarts objected, and Mr.. Butler waived
the queetlon.
Witness heard of the movement of troops,
and called on the President about noon on Sat-
urday, February -, and notified him of it; left
as soon he could. While there saw the
nomination of Mr.. Ewing as Secretary of
War made. Mr.. Stanbery said he wanted
the nomination sent down before twelve O'Clock,
as be (Mr. Stanbery) had AN engagement.
Witness thought IL was at the Supreme
Court; does not know that the Supreme
Court does not meet on Saturdays heard that
General Emory's officers Were called TO head
quarters on the evening of February 81, and
that they were called from a party on street;
did not know that they were called there TO have
orders not to 60 to masq ade parties; heard Of
no other movements; did not hear the number
Of officers who were called. Witness thought
il was an unusual movement: stated to the
President what he had heard in relation TO
q, neral Emory; don't know whether he spoke
of other matters or not The 22d OF February
was kept as q half holiday, except i'm the War
Department which he understood was closed
all day, which was in violation OF the law
Made no inquiry as TO whether the officers were
called together to notify them that the 22d was
q holiday. ~.
Edgar ]. Wellee. sworn.-Is son of Secrec
tary W elles, and chief clerk of the Navy Depart.
ment The paper handed to him s the newest
form OF commission issued TO naval officers.
(v1 vs1 h. .haA oE EohN - a..