Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-01
CONGRESSIONAL
, WAsHINGToN, March 81.
SEN ATE

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After few petitions were presented, the
Chair was taken by the Chief Justice. II
The Impeachment managers and mem-
bers of the House took their places. 97RB q
The Presidents counsel also entered and
took seats. -
The galleries were half full. II
Mr.. WILSON offered documentary evil
dence, including the Senate resolution of
January 18th, and an extract from the Sen
ate journal showing the action of the Sem
ate thereon; copy of Stanton's commits
sion from President Lincoln. urder which
only, Wilson said, Stanton claims to hold.
w. J. Mcdonald was called and attested
the notification OF the President of the ac1
tion of Congress, and also attested the ser
vice of the resolution of non-concurrence
in the removal of Stanton on the Presi-
dent.
j. w. Jones, Deputy Marshall of the Su-
preme Court, was sworn. He testifl d that
he had known General Lorenzo Thomas
for six years, and had served upon him the
summons of the District Supreme Court on
the 2lst of February, about II o'clock at
night, and made return, which was read.
The resolution of the Senate that the
President had no power to remove Stanton
was then read. % A Y
f. E. Creery, an appoint. mt clerk in
the Treasury Department, .gSs sworn. He
testified to the form of appointment used
in the Department prior to March, 1867.
Senators complained of not hearing, and.
MIR. Butler offered to report what he said, !
but MIR. Evarts said he preferred to hear
the witness himself. .--feF.fs-
Mr.. STANBERY enqulred what was the
object of the testimony.
Mr.. Blu Tier replied that it was to show
that after the passage of the tenure of office
act the President signed different form of
commission, made in accordance with said
q of tharahu rQonnpizinn ire hinHin,r
and legality. -l . -vslsT
A witness testified to changes indicated,
which were read by Secretary Forney
The words stricken out were: "During the
pleasure of the President for the time be-
ing" The form of commission for Treas
ury appointments was also produced, and
witness testified to the striking out of the
same words above quoted and substitution
in their place of the words "Unless this
commission be sooner revoked by the Pres
ident of the United States for the time
being"
The commission issued to Mr.. Cooper.
Assistant Secretary of the Treasury, on
November 10th, was produced. ,01
Mr.. BUTLER, continuing to examine,
asked if it was then in session.
Witness said he thought ,not,- and in
answer TO another question, said Mr.
Cooper did not qualify under that commits
sion, but under another, which was then
read. lr y i;E In FL FHii iitt
Mr.. BUTLER then called for the reading
of the letter of authority given to Mr..
Cooper by the President, on December l..
Witness testified that Mr.. Chandler re-
signed. he thought, day or two before this
letter.
.Cross-examined by Mr.sCURTIS-WiS-
ness stated that the date when the change
in the form of commission was made was
the 9th of March, 1867.
af fha ~
Representatives, stated that he was present
at the War Department on Saturday. 22l
day of February, 1868. at two minutes past
eleven, when Lorenzo Thomas demanded oil
Mr.. Stanron possession of the Office of Sec
| retary of War. He testified that General
Thomas, after exchanging salutations with
those present. said to Mr.. Stanton: II am
Secretary of War ad interim, appointed and
authorized by the President TO take posses
sion of this Office" Mr.. Stanton ordered
| him to repair to his room and perform his
duties as Adjutant General, which he re-
| fused to do, saying he intended to exercise
the duties of Secretary of War, and would
receive the mails of the Department. Mr.
Stanton told him he would do it at his peril
General Thomas left the room and witness
last saw him in the room OF Gen. Schriver.
On erOss-examination by Mr.. STAN
Berry, the witness said he went to paw a
visit to Mr.. Stanton. He was accompanied
| by Messrs. Moorhead and Clark; did not
know what their business was; did not
state what they went for; he was not in
the habit of taking memorandum of OBJ
servations; was prepared by having large
envelope in his pocket; no one requested
him to do so; it was about minute after
Thomas left the room that Stanton follow
ed him. Before he reached the room he
heard conversation going on between STAN
ton and Thomas; did not understand what
was said; did not know where the
envelope was on which he took the
memoranda; it was probably destroyed
| He said he went with Stanton to Schriver's
room, and was requested by Stanton to
take notice of question he was about TO
ask Thomas, which was whether he intend
ed to obey his orders as Secretary of War.
Thomas replied that he did not. He also
said he intended to receive the mails, and
acknowledged to witness he had said so.
Cross examined by Mr.. STANBERY.-
Witness had been at the department halt
an hour before Thomas came. He was not
attended, nor was he armed, so far as wit
ness could see. Witness thought there had
been some conversation between Stanton
and Thomas in Schriver's room before he
entered; was of good natured character,
he thought there had been some joking be-
tween them.
Walter A. Burleigh, delegate from Dako-
| tab, was examined.
| Mr.. STANBERY wanted to know the
object Of this examination as to the con-
versation between witness and Thomas.
Mr.. BUTLER replied to show the intent
and purposeot Thomas was to take poses
sion of the War Department by force.
Mr.. STANBERY objected to the testi-
mony, and the objection was sustained BY
the Chief Justice.
Mr.. DRAKE said the question should bt
submitted 60 the Senate, and appealed from
the decision of the Chair.
The CHIEF JUSTICE said it was his
duty so to rule.
MIR. DRAKE said there was nothing to
give the Chief Justice that right.
Mr.. JOHNSON called Mr.. Drake to or
der, on the ground that he could not debate
the question.
he, as Chief Justice of the United States
was delegated by the Constitution to pre-
side over a Court of impeachment when
the President of the United States wa
being tried, but when so presiding he be
came President of the Senate, sitting as 6
high Court of Impeachment. When &
point OF evidence, OF form or law came be
fore the Court, in the first Instance th'
Chief Justice was the proper person to oe-
eide it, and then the Senate, on its being
submitted to them.
At the suggestion of q member, Mr.
BUTLER proceeded to quote from various
cases of impeachment 10 show that tht
presiding officer of the impeachment cour
had no right to decide questions of law Of
evidence.
Mr.. BUTLER complained that member;
of the House would be bound hand ano
foot by this decision, and would be unable
to get objections considered unless by the
| courtesy of a member of the Senate.
The CHIEF JUSTICE then stated the
point raised for the decision of the Senate
Mr.. DRAKE objected to the ruling o
the Chair.
The CHIEF JUSTICE called the Senate
to order.
| Mr.. CONKLING called for the reading
of the 9th rule, and it was read.
! Mr BINGHAM maintained the rule only