Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-03
NEWS BY TELEGRAPH,
CONGRESSIONAL.
.orS SENATE
' WASHINGTON, April 2, 1868.
To Ohio Statesman.

1910. .a '7'. 40 '7lTH ~ - 3's
The managers were announced and took
their places, and Immediately following
about dozen members of the House.
The Journal was read. 4v .st5-s
Mr.DRAKE Immediately rose and said
Mr.. President. send 10 the Chair and ask
the adoption of an amendment to the rules
by adding the following Upon all ques-
tions OF evidence and Incidental questions
the votes shall be without division, un-
less the yeas and nays be demanded by one
! fifth of the members, as required by The
| presiding officer, when the same shall be
| taken.' ' 'H' i.''
Under the rules the amendment lies over
Mr.. .STANBERY said: Mr.. Chief Justice,
before the managers proceed with another
witness, we wish to recall, for moment,
Mr.. Kaizner.
Mr.BUTLER--Tsubm if Mr.. Kaizner is to
be recalled, the examination and cross-ex
animation having been finished on both
sides. he. must be recalled as a witness of
the respondent, and the proper time to call
him will be when they begin their case.
Mr.. STANBERY-We will call him but
for moment.
CHIEF JUSTICE to ButlerLHave you
any objection '.i'g g" h.''-7- B =
Mr.. BUTLER-No, sir. -... --. . h..
Mr.. Kaizner took the stand. s., -,.
Mr.. kaiZner testified that on the night
of the 9th of March he was at the house of
Mr.. Tanner, who was employed in the War
Departments; don't recollect that next
morning went with Tanner to War De-
partment to see Stanton in regard to my
testimony. / saw Stanton in regard to
nothing particular; was introduced by
Tanner; reference was made to General
Thomas; received no memorandum from
Stanton /; received no instructions. Some
thing was said regarding my testimony. 1
Thomas M. Ferry, member of Congress
from Michigan, was called and testified
On. the morning of the 22d of February,
when General Thomas came to the War
office, was present; paid attention to what
occurred and made memorandum; have
that memorandum now. Witness here read
from his memorandum an account of what
be said IN the interview referred to; was
pretty much the same as testified to by
other witnesses. Stanton asked Thomas if
he intended to use force, and was replied to
by Thomas that he (Thomas) did not care
to use force, but had made up his mind as
to what he should do.
The witness was briefly crOSS-eXamlned
by Mr.. STANBERY and dismissed.
Gen. Emory, commander of the post of
Washingto testified that he had a CONVEX
sation with the President In regard to the
movement of troops in the Department of
Washington. The conversation occurred
long ago. l can only give theshbstance of
it. told him the strength of each fort.
There was some conversation as to whether
more troops should be brought here, and L
made some recommendation accordingly.
Something was said about the Or
ganization of military force in
Maryland. said did not
see the object of it. 1 was sent for by
the PRESIDENT and again, about the I'D OF
February, received a note from Col. Moore.
L. zc1,.,, Do 1%,,a Ion
Committee. / called on the President
about mid-day and found him alone; CAM
undertake to state the conversation eXact2y.
The President asked me if reeolleesed
conversation had with them whed TOOK
command OF the Department. 4 CGld hlih
| did. He asked what changes nao taken
place, and [ told him no Pdterlal change,
and went on to state TIE changes. Ihe
President said he di8>no refer to those
CHANCES. but some>nade within day or
two. I assured, aim no recent changes had
been made: tsld him under a law of Con-
gress all orders had now to be issued
through Gen. Grant. The President asked
me That order it was. 1 replied order
NO. II of the series of 1867. At this time
a gentleman came in aud withdrew to
the other end of the room. Meantime a
messenger had given me copy of the or
der. When the gentleman retired show
ed the order to the President, who read it
and remarked: "This is not in confOrmi-
ty with the Constitution of the U. S.,
which makes me Commander-in-Ch Chief, or
with the language of your commission" l
replied, That is the order you have APP
proved for the guidance of the army" He
said: "And l do understand that / cannot
give an order except through the General
of the armv ?'' 1 replied that was my
opinion. / told him there was considera-
BILE discussion as to the meaning of the or
4 Il l. Enll loyry nd
advised that.I should obey the order. The
lawyer [ consulted is Robert j. Walker
L understand other officers had consulted
with Beverly johnson. supposed johnson
was OF the same opinion. The President
said the object of the law was evident, and
there the conversation ended. / did not
see General Thomas that morning, so far
as | can recollect.
Mr.. BUTLER here handed the witness
copy of the order referred to by the wit
ness, and asked if itwas the same.
Witness said not exactly. rTr -l-
Mr.. BUTLER said This order was No. Is,
not IL, as stated by the witness. The lat
ter said his copy was numbered IL. --.- T.
Some delay therefore occurred in COM
pairing the two copits, which were denied
to be the same.
The witness continued his testimony,
stating-I am still in command of the De-
Cross examined by Mr.. STANBERI-
When order No. IL WAS sent to the officers
of the army, there was discussion among
them with a view toascertain the obllga-
tions of officers under this act. received
no Instructions from the War Department
to the effect of the order.
Mr.. Walker advised me to obey only or
ders coming through General Grant. The
question of whether constitutional or not
fl;l ,Of %
have to obey it until declared unconstitu-
tional by the courts. When l said to the
President he had approved the order, L
meant he had approved the act, which was
all the order contained
The witness here produced and read Cen
eral Emory's commission. .....--...r
Thad. Stevens took the docum mt after
wards and looked carefully over 1t.
The order under which General Thomas
resumed his position as Adjutant General
of the army was produced, and the original
letter of General Grant was affirmed, re-
questing the President to put in writing
the verbal order he gave the General to
disregard any orders from the War Depart
ment assumed to be issued by the Presi-
dent. .-- u
The next document produced was let
ter from the President, dated February 10,
1868, addressed to General Grant, in reply
to the latter's note asking for written
copy of his instructions. s..,--,-.--.
Mr.. STANBERY said it appeared this
was letter purporting to be a portion of
the correspondence between Gen. Grant
and the President. He would ask the
honorable managers if they intended to
produce the whole of the correspondence.
Mr.. WILSON replied that the letter pro-
duced was all they cared to offer.
Mr.. STANBERYT asked the object of
producing this letter.
Mr.. WILSON replied the letter went to
prove the Presidents Intention to prevent
Secretary Stanton from entering upon the
discharge of his duties.
The letter was read by the Secretary.
Mr.. WILSON was about to offer another
document, when the Chief Justice inter-
rupted aud instructed the Sergeant-at-