Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-18
THE IMPEACHMENT TRIAL.


movement of troops. His son called his atten-
of the Sd regiment had been ordered to report
to headquarters. Witness was net well and
sent a message to the President by his son. On
the Saturday following February I'D. at noon,
witness the Preside mt; told him what he
had heard and asked what it meant. The At
torney General was there, and while he was
there the nomination Of MT. Ewing as Secre-
taIy OF War was made out and handed to Col.
Moore.
BY Mr.. Evarts.-what passed between you
and the President in reference to the communl.
cation you made to him.
Mr.. Butler asked that the question be re-
duced to wri ting.
Mr.. Evarts said this evidence was offered in
relation TO the article concerning the CONVEX
sation between General Emory and the Pres-
dent
Mr.. Butler said General Emory was sent for
al 10 O'Clock In the morning, and the converse
ton with the witness did not occur until IL.
The Chief Justice admitted the question.
Witness resuming said: The President said:
al don't know what General Emory means; 1
don't know what he about" Witness re-
piled, ''you ought to know" and after some
further conversation the President said he
would send for General Emory and inquire
about it. The Cabinet meeting Friday,
February 81 was held at IL O'Clock; had a con-
versation with the President that day at
O'Clock relative to the removal of Mr.. Stanton;
witness bad not up to that time, any knowl-
edge of Mr.. Stanton's removal; the interview
took place after the adjournment of the Cabi.
net meeting. The President, on the occasion
referred TO, did not make a communication to
him in reference TO the removal of Mr.. Stan
ton and the appointment OF General Thomas.
The Cabinet had got through with their bust
ness, and were about separating at the time All
the members were present except Mr.. Stanbery.
MIR. Evarts now said they offered to prove
that the President communicated 10 his Cabinet
on this occasion, before the meeting broke up,
that he had removed Mr.. Stanton and appoint
ed General Thomas Secretary al saterim; that
Mr.. Welles asked if General Thomas was in
possession. The President replied that he was:
and upon further question Of Mr. Welles, the
TpSI Ter lp6 hot Mr.
and all that he required was time to move his
papers.
Mr.. Butler said the managers did not wish
this should be received as evidence. 1t was
now made certain that the President had at
tempted the renewal of Mr.. Stanton without
any consultation with his Cabinet. Next, he
(Mr. b. contended that the President had no
right 10 take the advice of his Cabinet officers,
except in writing
Mr.. Evarts said that nothing had been said
by the witness to prove that the removal of
Mr.. Stanton was determined upon before the
advice of the Cabinet was taken upon the SUBJ
Ject. MI. Welles had only said that he had not
heard OF ii before. They proposed to show that
the matter was mentioned by the President to
his Cabinet before their deliberations were
broken up, and the advice and questions Of his
Cabinet as to the posture of the affair.
Mr.. Curtis said they did not place their ap-
phcatlon on the point that it was the Twice of
the Cabinet TO the President, but that il was
the official act of the President IN making this
communication to his councillors. Mr.. Curtis
sand that the practice of Gen. Washington and
John Adams bad been &c call their Cabinet to-
gether in council TO take their advice and that
it was the custom of Mr. Jefferson also to take
a vote of his Cabinet on any subject, and claim
ed one vote for himself, and If his Cabinet did
not agree with HIM he also reserved the power
to Oyerrule their determination, and this he
(Mr. g understood had been the practice of
the Government from that day TO this.
Mr.. Butler said the Pres ident had not AIKEN
the advice of hIs Cabinet on this subject and
he was not aware of any law which required
the President to notify his Cabinet when he
move any man from Office. The only law on
thr subject was that OF March ,, 1897 which
maze il the duty Of the President to notify one
member OF his Cabinet. the Secretary of the
Tr,asury, of his removal of any man from Of
flee, and this was TO prevent the man removed
from getting his pay. Now, he insisted that if
Their no law which required the President
TO notify the mernbprs of his Cabinet of the re-
mOval of any man from Office then the Presi-
dents comm unicatiOn TO his Cabinet. of Feb
ruary II, that he had removed Mr.. Stanton was
not an Official act. and would not be so regard
I'd by the Senate
MIR. Evarts said that it bears upon the aues-
ton OF the intent with which this act of the
President done. II bears upon the con-
spiracy article and the 18th article.
vote being taken, the Senate agreed to re-
ceive the testimony as follows Yeas 70
navs %.
Cabinet separated he thought ii proper to saw
thar he had removed Mr.. Stanton and ap-
pointed the Adjutant General as Secretary al
tBterim. Witness inquired whether General
Thomas was III possession. The President
said he was: that Mr.. Stanton acquiesced, but
required some little time to remove his papers
The announcement of the President was mad,
according to the ordinary routine, after the
Department matters had been got through
with; was AT the White House the next morn
ing about noon; saw the nomination of Mr.
Ewing made out. Witness knew of the paS-
sage of the tenure Of Office act. 1t was dis
oussed in Cabinet meeting on Friday, Feb. 20,
1867. All the Cabinet We're present including
MIR. Stanton. The President stated that ne had
Two bills on which he wanted the advice of
his Cabinet. This civil tenure Of office act
was brought TO the attention of the Cabinet by
the President.
Mr.. Butler here objected to any con versation
which took place in that CABINET meeting, and
asked that the proof be reduced to writing
The counsel then reduced to writing: ave
Offer To prove that the President. at a meeting
OF the Cabinet, laid before them the tenure-of-
office bill Tor their advice; that the members
then present gave, as their adj vice. that the bill
was unconstitutional and should be retained
with his objections: that the d uty of preparing
the veto message devolyed upon Mr., Seward
and MIR. Stanton: and we further offer to show
the subsequent action of the President and his
Cabinet prior TO the veto message being sent"
Senator Conkling asked the date OF the occur.
renee.
Mr.. EvaTts responded, the ten DAYS within
which the President was TO return the bill
Mr.. Rutler objected that the advice which
tie President took from his Cabinet on the
Constitutionality of law when it was before
him for approval. could not operate as a de-
fence, for his afterward violating that law,
and argued against the reception of tn, evil
dence. If the advice of his Cabinet is to be
brought IN TO shield him, then impeachment is
forever settled IN this country, a. no President
but " hat can find subservient Cabinet officers
The President In his message had said sub
stantially that if he had known Mr. Stanton
would have resisted, he would have removed
him before the passage of the tenure of office
act. COnceding the unlimited power that
was claimed tor the President of removing his
Cabinet officers at pleasure, 1T would always
be easy for him TO surround himself with sub.
servi"nt tools. You turning to the Chief JUS
uce) may some day be called upon to try
another great criminal, and there is no doubt
that he will plead that all his criminal acts
Were done by the advice and consent OF the
- nate
After further discussion, the Court ad.
lOUrned.
The President proten. resumed the chair, and
the Senate then adjourned