Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-04-07
THE IMPEACHMENT TRIAL.
TUESDAY, MARCH 81


to the hour of II NJ, when the Chief ustice
appeared and called the Court of Impeach-
1uent to ORDER after which the usual pro-
clamation was made by the Sergeant-at-A
The Presidents council, the impeachment
managers and the members of the House
tered and took their seats. Mr.. Wilson, of
the managers, proceeded to submit the testi-
mony in support of the charges, and offered
the resolution passed by the Senate in exec
utive session III response to the message of
the President notifying that body of the sus-
pension of Mr.. Stanton, and the original
commission Of the said Stanton under which
alone he now claims to be entitled to the
Office of Secretary of War. Mr.. Butler then
rose for the purpose of calling the witnesses
for the prosecution. William J. Mcdonald,
the Chief Clerk of the Senate; J. W. Jones,
Keeper OF the Senate Stationary; Charles
Il. Creecy, Appointment Clerk in the Treas
ury Department, we're called and examined.
The only testimony of any Importance was
given by Creecy, who testified to certain
alterations having been made in the commits
sions issued from the Department after the
possage of the Tenure Of Office act. Burt
Van Horn was then examined. He testified
in relation to the demand made by General
Thomas on Secretary Stanton for the possess
sion of the War OfFce. The witness was
asked number Of questions by the Presi-
| dents counsel. Hon. james *. Morehead,
| Representative in Congress from the State of
Pennsylvania, was then called, examined and
| cross. examined His testimony related to
the same subject as that of the previous wit
ness. Hon Walter a. Burlegh, of Dakota,
was then called and examined in relation to
a conversation between General Thomas and
himself in relation to the demand of the
former for the possession Of the War Office.
During the examination OF this witness Mr..
| Stanberry objected to the Courts allowing n
| certain statement to be made. The Chief
| Justice decided that the evidence should be
, allowed. Mr.. Drake objected to this Oh the
| ground that the question: under the rules,
should be decided by the Court. The Chief
Justice construed the rule to allow these ques-
tions to be decided By the presiding officer,
but if any Senator asked for a vote it would
be submitted iTr. Drake appealed from the
decision ofthe Chair. Mr.. Butler asked if
this would not exclude the managers from
asking the decision of the Court in any qucs-
tion decided by the presiding officer? The
Chief Justice said it would. n long discus
sion ensued on this question, which c0utln-
ued until 3 2. NJ. when the Court retired
for consultation. The Senate in secret session
modified the seventh rule so as to allow the
Chief Justice to rule in all questions of evil
dence, which ruling shall stand, unless some
member Of the Senate shall ask vote; or
the Chief Justice may, at his option, submit
the question to the Court. At 6.20 p. NJ.
the Senate returned to the Chamber, and the
Chief Justice reported the rule as modified
in the secret session. The Court then adj
jourued, and the President pro ten. called
81, 70 nrEo
! adjourned
WEDNESDAY,, APRIL ].
Immediately after the meeting of the
Senate the President pro tenn. vacated the
chair, and the Chief Justice took the seat
and called the Court of impeachment to OF
der. Mr.. Sumner offered an order deHying
to the Chief Justice the right of voting on
any question where the Court is evenly di-
vided. 1t was rejected by vote of yeas p
to nays p. The Chief Justice stated that
the pending question was in relation to the
admission evidence of certain converse"
ton between General Thomas and Mr.. Bur
leigh. The managers submitted the question
asked by them in writing. 1t was that Mr..
Burleigh should state whether Gen. Thomas
in the conversation referred to, said anything
as to the means by which he intended to ob-
tain, or was directed by the President to OBJ
tain, possession ofthe War Office. Mr.. Free
linghuysen asked if the managers intended
to connect the statements made in this con-
versaton with the President? Mr.. Butler
said they did. Mr.. Stanbery rose and de-
livered an able argument denouncing the adj
mission of such testimony against the Presi
dent. to which Mr. Butler replied in long
speech in favor of allowing the testimony to
be offered in evidence. Mr.. Curtis, of the
bn nd.
mission of this testimony. Mr.. Bingham, Of
the managers, said that the question of ad-
hitting the evidence should not be submit
ted to a vote of the Court, but must be deci-
| ded by the Chief Justice alone. He denied
! that the managers were restricted to the ar
| tces Of impeachment, but cOntended that
| they had the ri ght to submit all evidence
| tending to prove n conspiracy. After the
conclusion of Mr.. Bingham's speech point
OF order arose on the question of allowing an
| extension of time for the argument of this
question, the time allowed by the rule not
being sufficient. The Chief Justice submit
| ted the question to the Court and it was de-
cided that the rule should be enforced. Mr..
| johnson desired the managers to state wheth-
or they would prove by this testimony that
the President intended to take possession Of
the War Office by force, &c. The managers
| declined to answer. The question was then
taken whether the managers should be al
lowed to PROFOUND the proposed nterroSatory
to the witness, and it was decided in the at
tirmative by vote of yeas 80 to nays IL.
| Mr.. Bureigh was recalled and his cxamina>
ton proceeded with. y number of objec
tons were made to the questions put by Mr..
Butler, and considerable time was consumed
in the examination. The testimony related
oh "A 70 bo4n m