The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-03
CONGRESSIONAL.
WASHINGTON, April 2.
SENATE.

.Ihe Chair was lmmeulateig N.
for the Chief Justice, and the -Oour'
opel ed at f2:f0. ,Hh..,
The Managers were announced ana
took their places, and immeolsteiy l9iT
lowing were about = aozen uiein oois'A
The journal was read:
Mr. Drake Immediately rose and said:
tGMr PRESIDENT send to the Chair
and ask the adoption of anamendment
20 the rule of the day, adding the fol-
lowing upon all questions of evidence
and incidental questions the votes shall
be without q division unless the yeas
and nays be demanded by one-fifth of
the members, as required by the presid-
my officer when the sanieC shall be
TAKEN" The amendment lies over one
day -,sEi a-Ns.f = -A
Mr.! Stanbery said-Mr. Chief Justice,
before the Managers proceed with an
other witness We wish to recall for u
moment Mr.. Katzner. = .--.a.
Mr.. Butler--I submitrif Mr. Katzner
is to be recalled, the examination and
oross-examination having been 1nlshed
on both sides. he must be calledias Wit
ness OF the respondent; the proper time
to call him will be when they begin
their case. $500
Mr.. Stanbery--We will call him but
for q moment.
Chief Justice to Mr. Butlet-Have
you any objection .r.-.. 10 III
Mr. Butler--No sir. ....t 'f. q
Mr.. KartZner took the stand.
Mr.. KaItyHzer tcstitied-On the night
of the 9th of March was at the house
of Mr.. TannerSwhO is employed in the
War Department; don't Irecollect that
next morning Invent with Tanner to
the War Department to see Stanton in
3 regard to my testimony saw Stanton
in regard to nothing IN particular; was
introduced by Tanner and reference
: was made to General Thomas; received
no memorandum from Stanton; re-
ceiyed no instructions; something was
said regarding my testimony. OF g..
Thomas NJ. Ferry, NJ. c. from Michi-
gau, was called and testitied-0n Mon
j. day morning Odd February, when Gem
erAl Thomas came to the War office, /
was present; paid atteRtion to what0c-
Cured and madea memorandum; hare
that memorandum now; witness have
read from his memorandum an account
ofwhat he said III an interview referred
to and il was pretty much the same as
testified to by che other witness; Stan
ton asked Thomas if he inteaded tOuse
force aud it was replied to by Thomas
. that he (Thomas) did not care IL use
force, but had made up his mind as to-
what he should do. ~ ~,
Witness was briefly eross-exahiined
by Mr.. Stanbery and dismissed. So.
General Emory, Commander. OF the
Post at Washington, testified Had q
conversation with the President in re-
gard to the movement Of troops in the
Department of Washington; cOuYersa-
tion occurred a long time ago; can only
give a substance Oft; | told him what
the strength of each fort was; had some
conversation as to whether more troops
should be brought here, and made
some recommendation accordingly;
something was said about the organ
izatiOn Of military force ia Maryland; |
| said | did not see the object of it; |
was sent for by the President, and
again absent about the 22d day of Febru
ary when received note from Colonel
Moore; this note | read before
the Reconstruction committees; called
on the President about midday and
found him alone; can't undertake to
state the conversation exactly; the Pres
ident asked NE if recollected the con-
versatioa had with him when took
command of the department.; | told him
/ did; he asked what changes had taken
place, aud / told him no material
change and went to state changes; the
President stated that he did not refer to
those changes, but seine made within a
day or two; | assured him no recent
changes Lad been made; | told him
under law of Congress all or
ders mad now to be issued through
General Grant; the President asked me
what order it was, and replied that it
was order No. IL of the series of 1867; at
this time gentleman came in and /
withdrew to the other end of the room;
meantime a messenger had given me a
copy of the order; when the gentleman
retired | showed the order to tho Presi-
dent, who read it aud remarked, This is I
not in conformity with the Constitu- !
ton of the United States, which makes |
me COmmander-iu-Ch Chief, or with the
language of yOur commissions" | re-
piled, That is the order you have
approved for the guidance OF the
army" he said, Fam to understand
that / cannot give an order except
through the General of the army; 81 re-
there was considerable discussion rs To |
the meaning of the order, and l had |
consulted lawyers and was advised l |
should obey the order; the lawyer |
consulted is Robert J. Walker; under
stand other officers had consulted with /
Reverdy Johnson; | supposed johnson |
was of the same opinion; the President |
said the object of the law was evident
a,,1 ta 4
did not see General Thomas that morn |
ing, so far as l can recollect.
Mr.. Butler here handed witness copy
of the order referred to by witness, and
asked if it was the same.
Witness said not exactly.
Mr.. Butler said this order was No. Is,
not II, as stated by the witness.
The latter said his copy was number.
ed IL.
Some delay, therefore, occurred in
comparing the two copies, which were
denied to be tn same
The witness continued his testimony
stating-I am still in command of the
department.. l.--v -...--.r. h..
Cross-examiuedfi by Mr.. Stanbery-I
Whom order No. l6was sent to the Off
GERS of TIE army there was a discussion
among them with q, view to ascertain
the obligations of officers under this act;
received no instructions from the War
Department Us to the effect of the order;
Mr.. Walker advised me to obey only or
ders coming through General GIANT; the
question of whether it was Goustitu-
tiOnal or not did not come up; we con-
cluded we would have to obey until
declared Unconstitutional by the courts;
when said to the President that he
had approved the order, meant he had
approved the act which was all the or
der contained; witness here produced
and read General Emory's commission.
Thaa. Stevens took the document af-
forwards and looked carefully over it. |
The order under which General Thorn.
Il as resumed his position rs Adjutant |
General of the Army was produced and |
the original letter of General Grant was |
offered requesting the President to put |
10 xNrrf IL H.