Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-04-03
Proceedings Ofthe Court OfImpeacA-
ments

ment
on Monday, at half-past u o'clock,
the PresldenE pro teRTl. Tacased the chair
which was i'm mediately taken By Chief
Tusfiee Chase. The SaEEsan ant-a1-arms
5urs7s a zeoclanaatiou eommandlag si-
aazaes Tbs Presidents eoanse4 tduE
their seats.
At thfrty-five minutes past u o'clock,
the Serreant-at-Hrms announced the
managers on the parE OF me House
who took their places, except Mr.. steve
ems, who entered soon afterwards. and
took q seat slightly apart. The house
was then announced and the members
appeared, headed by Mr.. Washburne,
OF Illinois, and were seated.
The minutes of the last day We're
read
Mr.. Butler opened the prosecution on
the part of the managers, with an. able
but lengthy speech, it taking about )
hours to deliver it. After which Mr..
Bingham, of The managers, rose and
said:
l.alr. President The managers on
the part of the House are ready to pro-
ceed with the testimony to make good
the articles of impeachment eXnlbi
ted by the House Of Representative
against the President of The United
States, and my associate, Mr.. wilson,
viii present The testimony"
Mr.. WIlson-ssT wish to state in be-
half Of the managers, that noEWlth-
standing the meaning of the documents
which we deem important to be presen'
ted in evidence. have been set out Ia
the exhibits accompanying the answer
and also in some of the answers. We
still are Of the opinion 1t is proper for
as to introduce the documents, orlgl-
nally, by way of guarding against any
mishaps that might arise from lmPer-
fect copies set ont in the answer"
Mr.. Wilson then offered in evidence
certified copies Of the oath of Office oil
President Johnson of the appointment
Of Secretary Stanton by President Lin.
coin, and of the ratification of said
nomination: and of Mr.. JOhnsOn'S
communication to the senate, assign
ing reasons for the sus pension of Ihe
Secretary Of War. 49,,
amer which the court adjourned till
/ u O'Clock Tuesday, and the Chief Jus
tiee vacated the chair.
On Tuesday, after the court was or
Il ganized Manager Wilson took the nOOl
and submitted q number of dOCumenti
which the prosecution desired to Oftel
in evidence. Among them wSs th'
commission of Mr.. Stanton, issued DN
/ President Lincoln, ia 1862, 1T read
that Mr.. Stanton shall bold the ofdce
Secretary of War during the pleasurl
! of the President.
Alta few minutes before 1 o'clock
General Butler call the first witness, j
W. Mcdonald, the Chief Clerk Of thi
Senate. He was sworn, and. testiheS
only as to the correctness of the return
made upon resolution informing TN
1 President of the action of the Senate il
/ refusing To concur in the removal o
/ stanton. He was the person who served
a copy of this resolution upon the Pres
ident.
II =.
| the Supreme Court, was sworn. ID
| testified that he had known Genera
/ Lorenzo Thomas for six years, and hat
/ served upon him summons Ofthe Dis
/ trict Supreme Court on the 21st of Feb
ruary, about IL O'Clock at night, ant
/ made a return, which was read.
| The resolution of the Senate that tn
/ President had no power to remove MI
/ Stanton was then read.
/ The next witness was c. q. Creery
/ Appointment Clerk of the Treasury
4 His was the most important testimon.
/ of the day. It made the President
/ counsel prick up their ears by prOvtn
| hat the President had recognized In
! validity of the Tenure -Of-Office Act, b.
changing the form of commissions i
/ he Treasury Department since its pas
sage to make them conform to its pro
| visions. 1t was shown that before Eh
passage Of this law the commission
/ read, ''durIng the pleasure of the Pres
ident," but had since been altered {
read, t'until a successor snail have bee
qualified
Mr.. Burt Van Horn, member of tn
( House of representative, stated tina
I be was present at the Var Departmen
on Saturday, the I'D day Of February
/ 1868. at two minutes past IL, when LOI
EMO Thomas demanded of Stanton pos
session of the Office of Secretary of Wal
eT-
exchanging salutiOns with those pres
ent, said to Stanton, 81 am Secretary {
War, al interim, appointed and author
lied by the President to take posess1o
Df this off1ce.' Stanton ordered him {
repair to his room and perform his du
les as AdJutant General, which be re
fused to do, saying he intended to e1Zel
else, the functions OF the E58Crerztry
/ War, and would receive the mails {
the department. stanton told him b
would do so at his peril Thomas le
the room, and witness last saw him j
the room of General Schriver.
/ James e. MOOrhead, member of Cor
/ rress from Pittsburg, was called. II
was examined on the same subject 6
Mr.. Van Horn. and testified subst8I
/ tally the same.
question having risen as to th
/ right of the Chief Justice to dec1C
questions of law or evidence, the Sci
. 4 dlB I6LlGu lOE GOuSuAbdb4Ol4 dOOAAb III (
O'Clock. After an absence of nearly
hours the Senate returned, and IL
Chief Justice having called the body
order, reported the following rule, &
the result of the consultation:
"RuIe z. The presiding officer Of Il
Senate shall direct all necessary pr
parations in the Senate Chamber, an
the presiding officer Of the Senate sha
direct all the forms of proceeding
when sitting for the purpose Of tryin
impeachment, and all forms during tt
trial not otherwise specially provide
for, and the presiding officer, on Il
{ trial, may rule on all questions Of eV
dence, and on incidental question
which decision win stand as the judi
nent of the Senate, unless reversed @
appeal /; or he may at his option, in u
first instance, submit any such que
tions to a vote of the members Of q
Senate"
Mr.. Butler intimated that the mani
gers desired to retire for consultation.
Senator Trumbull said that unless Il
managers desired the Senate to contil
ne in session, he would move an a.
| jUumment.