Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-04-03

The amendment lies ove9 one Gay:
Mr. Stanbery said: MIR. Chiei-J ustice,
before the Managers proceed with announcer
witness, we wish TO recall Tor moments
Mr. Corzener.
Mr. Bu,ler.-I submit that If Mr.. Core.
ner is Ia he recalled, the examination and
REORGANIZATION having been finished on
hoib sides. be must be recalled as witness
~ The respondent, and the proper time 10
recall him will be when they begin their
case.
III Stanbery-We will call him but for
a moment.
Chici-Justico.-To Mr.. Bu'ler)- Have
you any objection
air. Butler No sir.
Corzener took the stand.
The further examination of Mr. Corzenor
was brief and uninpoftapf.
Thomas n Ferry. NJ. G. from Michigan,
was called and testified:
On the morning Of February 22d
when Gen. Thomas came to the War
Office, ! was present and paid attention TO
what occurred and made . memorandum
have that memorandum now.
The witness here read from his memo
randum an account Of what he said in the
interview referred to. II Wa pretty much
Mr.. Stanton asked Mr.. Thomas If he in
tended TO use force, and WAS replied 10 BY
Mr.. Thomas that he did not care to use
force but that he hsd made mp his mind a.
to what he should do. The witness was
briefly cross examined by Mr.. Stanbery ard
dismissed.
den. Emery, Commander OF the Post NJ
Washington. testified that he had CONVEX
cation with the President in regard To the
the movement OF troops in Washington.
The conversation occurred some time ago
and can only give the substance of IL. |
told him the strength Of each tort, and had
some conyers atom as 70 whether any more
troops would be brought here, and / made
some recommendations accordingly. Some
hing was said about the organization OF u
military force in Maryland. | said | did
not see the object. | was sent Tor again by
the President about the 22l, AMI received
a note from Col. Moore. This note read
heforc the Reconstruction Committee. l
called on the President about midday and
found him at home. Can't undertake to re
late the conversation exactly The Presi
dent asked me if l rccellected converse
ton had with him when took command
told him did. He asked what changes
had taken place. and told him no materia
change, and went on TO state the changes
The President stated that he did not refcl
TO those but some made within day or 90
assured him that no recent changes had
been made, and told him that under . re-
cert law of Congress all orders must be
signed by Gen. Grant
The President asked what order it was.
replied Order No. II Of the series Of 1867
Al this time q gentleman came in and
Withdrew to the other end of the room
Meantime q messenger having given me Z
copy of the order. when the gentleman re
tired | showed the order to the President
who read it and remarked This is not il
conformity with the Constitution of thu
United States, which makes me Com
mander-in Chief, or with the language o
your commission" l replied, that is the
order you have approved for the guidanc.
of the army" Am to understand that
cant give an order except through the Gen
eral OF the Army" replied to him tha
such was my opinion. l told him there
was considerab BILE discussion as to the mean
Ing OF the law and had consulted lawyers
who advised me to obey the order. Tit
LAWYER consulted was Robert J. Walker
understood that other officers had con
suited with Reverdy johnson. The Presi
dent said that the object Of the law was evi
dent and the conversation ended.
Cross-examined by S,anbery. The orde
under which Gen. Thomas resumed his posi-
ton as Adjutant General produced lette
OF Gen. Grant, which was offered to Thu
President, TO put IL writing the verba
order. He told the General 10 disregard
any orders from the War Department. as
sumed to be from the President.
The next article produced was lettel
from the President, dated February 18Th
to Gen. Grant, In reply TO the latter's not,
asking for written copy OF his instruc
tions.
Mr.. S.anbcry said it appeared that this
was u letter purporting to be part OF thu
correspondence between General Grant ant
the President, he would ask the Honorable
Managers ii they Intended to produce The
whole OF the correspondence.
Mr.. Wilson replied that that letter was
all they cared fer.
ducing this letter.
Mr.. Wilson said the letter went to prove
the Presidents intention to prevent Score
tary Stanton from entering on the discharg,
of his duties.
The letter was then read
Mr. Wilson was about to offer another
document. when the Chief Justice inter
rupted him and instructed the Sergeant at
arms to bring in the absent Senators.
Mr. Stanbcry asked Mr.. Wilson to reat
the documents referred 10 in the President'
letter.
Mr.. Wilson said there we're no document
referred to, and he had offered nothinl
more than the letter
The letter was handed to Mr.. Stanbery
who examined and read that portion refer
ring to letters addressed ito the President
bv the five Secretaries. He asked that those
letters be produced.
Mr. Bingham said they were under nc
obligation to produce those letters There
was no rule of evidence by which they
were compelled to introduce such matter
The Chief Justice said, 'the counsel tor
the President will please reduce their OBJ
jections to writing"
They were then written out by Mr.. Cur
It's to the effect that the letter was not evil
dence unless the Managers produced the
Enclosure mentioned.
After some debate between the counsels
the Chief Justice put the question whether
the objection Of the counsel was to be sus.
tanned or not.
Several Senators asked II the objection
was sustained il the letter would be ruled
OUT
The Chief Justice replied, "Yes."
A vote was then taken-yeas 20, nays 90
50 the objection was lost.
Mr. Wilson produced the order Of the
President appointing Gen. L. Thomas Score
tary of War al interim.
The order was read at the request of the
counsel for respondent.
The order addressed to Secretary Stanton
removing him, was next read.
Gen. Wallace called and sworn:
He testified that he was in command OF
the District of Washington since the last OF
August. On the 22d of February he re.
ceiyed note from Col. Moore, the Presi-
dents Secretary. He received it in the
evening and went the next morning to the
Executive Mansion to see Col Moore. He
wished TO see him about . matter concern.
ing himself. His name had been sent to
the Senate for brevet. and he was anxious
TO tell him the result, which was that 1t had
been set aside by the Senate. He was ad-
mitted to the Presidents presence at his
own request. He asked If any change had
been made in the garrison at Washington.
He replied that four companies had been
sent to the I'd Military District.
Mr.. Du,ler-Did he ever send for YOU
beforee
Ar. Evarts objected % the President had
not sent for the witness and the Qvestiou
Was therefore out OF order