The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-04-23

OuC L lOCIuCuU ulINI yCu lubuO lu0U
communication in relation to it.
Objection made but overruled by
Chief Justice.
Witness resumed President said
he did not know what General
Emory did, but would send for him
to inquire at the close of the cabinet
meeting. About 2 o'clock the same
day had an interview with the Pres
ldent in relation to the removal of
Stanton.
Evarts asked what passed between
them then.
Butler objected, but before the
question was put in writing, the Sem
ate took q recess of IL minutes.
On reassembling at 2;46, Evarts
asked few preliminary questions,
eliciting the fact that the converse
ton between Sec'y Wells And the
President took place in the presen ce
of other members of the Cabinet.
The Counsel proposed to prove
that on this occasion the President
told his Cabinet before the meeting
broke up, that he had removed Sec'y.
Stanton, and in answer to Sec'y Wells
said that Gen Thomas was in possess
ion of the office, and that Mr.. Stan
ton had acquiessed, only requiring
time to remove his papers.
Butler argued against admitting
the testimony, and claimed that If
the Senate admitted this evidence,
they wo Id revise the decision Of yes
terday.
Chief Justice said that the evil
dence related TO the removal of STAN
ton, whereas that offered yesterday
referred to the appointment Of a sue
cessor, and he Was clearly Of the
opinion that it was admissible.
Ayes and nays were called for, rul-
ing sustained 26 to %.
Sec'y Wells then testified that the
President told the Cabinet that he
had removed Stanton, and appointed
Gen Thomas, who was then in poss-
ession, Stanton acquiessing requir-
ing time enough to reno We papers
This communication was made in
conformity with the regular routine
after other business was disposed of.
The next day the witness saw nomi-
nation of Ewing prepared in the
hands ofthe president. The tenure
Of Office law was first brought before
the Cabinet IN Feb 1866; secretrry
Stanton was present.
The counsel for the prsident at
this point offered to prove that the
president laid before the Cabinet the
tenure of Office bill; that they advised
its return with objections, as being
unconstitutional; and secretaries
Seward and Stanton undertook to
prepare veto, and also show what
further action was taken during the
10 days following.
Butler argued at length against
the admission Of such evidence,
taking the ground that president
could not shelter himself behind the
opinion of his advisers.
Evarts replied in an argument
which went into the question of the
presidents responsibility, with con>
siderable minuteness. Court nd
fourhed at AS.
Washington, Apr 1S.
About fifty members were present
who proceeded Immediately to
the Senate.
The Court was opened at 10 o.
clock by the direction Of the Chief
Justice. The questisn pending yes
tsrday was read as follows in effect:
That the counsel for the President
offers to prove that at q certain cabi-
net meeting all the members inclu-
ding Stanton and Seward, declared
the tenure of Office act unconstitu-
al and that the duty ofpreparing tho
veto was dcvolved upon Seward and
Stanton, to be followed by the proof
of fwhat was done by the President
and cabinet to the time of sending in
the veto.
Senator Howard and johnson sub
mitted questions to the Presidents
counsel on this point which were an
swered.
Chief Justice Chase ruled the egi-
dence admissible, but the Senate
over ruled by avote 20 against 20.
Mr. Wells Sec'y of the Navy was
then recalled and the counsel pro-
posed to ask him whether the ques-
tion of the applicability of the ten
ure Of Office bill to Stanton was con-
siderod in the cabinet meeting previ-
GUS to its return with the OBJ
joctions of the President, and wheth-
er the opinion was expressed that
the law did dot apply to any Of the
Secys appointes by Mr. Lincoln.
Butler objected, contending it was
excused by last ruling.
Evarts said this testimony was in
reference to the constitution, not the
constitutionality of the law, and held
that it was admissible for other rea-
sons.
The Chief Justice submitted the
question to the Senate, and it was
refused admission 22to 26.
Mr.. Evarts then asked if at any
Cabinet meetings held between
the time of the passage of the Ten.
ure Of Office bill and the removal of
Stanton, the subject Of how the pub
lie service was affected by it, was con
sidered, and the witness replied
that it had been considered often.
The Counsel then offered to prove
that on such occasions the President
and Cabinet determined that proper
regard for the public interests requir-
ed that a case should be arranged 80
as to procure a judicial decision as to
the Constitutionality of tho law.
| Butler said the managers would
like to have the Senate, in accor-
dance with their previous votes, de-
clare all such evidence as inessential
to the question. Submitted to the
Senate by 3 vote 10 to 30, which de-
cided in the negative, 90 the evidence
was not admitted.
Senate took recess.
| On reassembling at 2:25 Evarts
asked if within the period mentioned,
at any Cabinet discussion, nything
was said about using force in order
to bring about the settlement At is-
sue.
Mr. Butler objected for reason that it