The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-17
CONGRESS.
SENATE.

i
Mr.. Evarts said that they would pro-
coed as far as possible without him.
Walters Cox. of Georgetown, was
called by the defence and asked when
his connection with the case ofStanton
Us. Thomas, commenced, and when aud
by whom and under what cirCum-
| stances he was employed?
Mr.. Butler objected, but the Chief
Justice overruled; he might answer the
first part OF the question.
The witness said he was sent for, Feb.
22d, and went to the White House at
O'Clock. He was proceeding to state
what the President said to him when
Mr.. Butler again objected, and demand
ed that the counsel put in writing what
they expect to prove.
The counsel proposed to prove that
| the President employed Mr.. Cox to
procure a judicial decision by filing a
| quo tCdTTdntO.
Mr.. Butler argued that the President
did not appear in the record OF the
| case, and that the writ should haYe
been filed by the Attorney General,
Mr.. Evarts rejoined that the Presi-
dent had made the case his own, and
he could not appear in it, and that the
Attorney General approved of the en-
ployment of Mr.. Cox.
Mr.. Butler argued at length that the
doctrine was an estoppel.
MIR. Curtis said that the remarks of
Mr.. Butler required no reply, and in
answer to Mr.. Ferry stated that the
counsel did not propose TO disprove
the record, but would show that the
motion to discharge General Thomas
was made only when the lawyers saw
no hope of procuring ajudiclal decision
on the constitutionality of the act.
The argument was continued by
Messrs. Wilson and Evarts as to the
admissibility of evidence concerning
the intent of the President.
The Chief Justice ruled that evidence
| which went to show that the President
had employed lawyers to obtain de-
cision on the con5titutionality of the
tenure-of- office act, was admissible in
support OF the denial OF the first artt-
cles, in accordance with the former
votes of the Senate, and with the prin-
ciples Of law and right.
The yeas and nays were called, which
resulted 90 yeas to 81 nays The evil
dence was, therefore, admitted, and
witness resumed.
The President told the witness that he
desired to have. proceedings Instituted
to test the constitutionality of the act,
and wished him to consult with Mr..
Stanbery, who had been too busy to
| look into the matter. He left General
| Thomas with the President, and con-
| cluded it would be best to apply for a
habedS corpus, after General Thomas
| SlOulu De COulullIleu Oy Nuo SE4Lulhdl
Court, which course Mr.. Stanbery ap'
Question asked and objected to-
What did you do toward getting out
a habeGS corpus by direction of the
President? Admitted-27 to %.
Answer-Tried to have Thomas com
mitted to prison, but Stanton's Coun'
sci applied for postponement. Chic
Justice Cartier said he should not be
held in custody. Witness moved his
discharge expecting to force his com
initial, but the motion was granted.
The Senate refused to allow q state
ment to be made of the conversation
with the President the same evening
and the counsel then asked: After re
porting this to the President did yoI
doiany other act in pursuance of his pre-
yiOus instructions, to test the Constttu
tionaIity of the tenure-of-o Office act ? L
so, what were they2
Objected to, which the Chief Justice
overruled, and the Senate SUSTAINED
his ruling-27 to y.
Witness resumed-Next day I ap
piled to the District Attorney to sigr
information in the nature OF quo t0G1'
ranto, which hC declined to do withou
the authority of the Attorney General
visited Mr.. Stanton and gave him hi
opinion.
The Senate took a recess for 10 min
ON re-assembling at $50 Mr.. Cox wa
cross examined by Mr.. Butler. He con
sidered himself as counsel for tn
President, but appeared before Judg
Cartier as counsel for Gen. Thomas, an
did not tell the Court or opposing coun
sci in Court that his purpose was to &c
the case in train to test the constitu
tionality OF the Tenure-of- Office Law
and supposes they devised the object
Mr.. Bradley, ST., testified he was tn
! advisory counsel for General Thamas
papers which he prepared to obtain
ouo tVarrdHto, were returned to him
! few days ago by Mr.. Stanbery, wit
verbal message for himself and Nj
Merrick to use them at their discretion
he has never received direct authorit
from the Attorney General or the Pres
| dent to use them; Gen. Thomas wa
discharged from custody; on motion
the Presidents counsel, r. L. MerricR
a lawyer of Washington City, was en-
ployed by Gen. Thomas on the morn
, ing of the 22d of February; after tn
action of Judge Cartier, in the cham
bers, witness went to see the PreSluen
about noon and told him what had oc
currred in the case of General Thoma
and Mr.. Stanbery being present, th'
Attorney General, in the presence o
the President told witness to see If h'
could carry up the case to the Suprem
Court on writ of HdbeGS corpus, ana
few hours afterwards wrote the Attor
ney General a note on the subject. OI
Monday he communicated the result o
his investigation to the President's
counsel, Mr.. Cox, and they agreed K
work together in order to accomplish
the purpose suggested by the Attorney
General. On Tuesday night had an In
terVieH with the Attorney General II
relation to conducting the case mex
day, Question-objected to-What die
you and Cox do in order to accomplish
the result referred to? Held admissa
ble by the Chief Justice and no appeal
asked for. Answer-all we did In court
"wednesday morning, (witness COM
menced in detail to recount the circum'
STAGES already briefly narrated by Cox
Mr.. Butler Interrup ed him TO say he
wished to clear his skirts of all this
matter. BE was going In under the
ruling of the Chief Justice, whereupon
the Chief Justice rose and said: IT
goes In by decision of the Senate of the
United States.
The witness resumed his minute mar.
ration, and at the close of the cross-ex
animation by Mr.. Butler, testihed thai
General Thomas was not at the White
House when he arrived; did not know
whether he was at the War Department
or not.
E. o. Perrin, of Long Island, tra'
then cGLLed-Had been personally &C.
lQuainted with the President about Il
years; was in this city during the month
of February, in company with MI
Selege, member of Congress from New
York; had an interview with the
President on the 2lst of February
about p. M; took Mr.. Selege to intro
duce him; neither he or Selege had any
! KNOWLEDGE of the ramoval oi Mr.. Stan.