Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-16
The Testimony Ad mitted.
THURSDAY. Anr1l IH


TEN. vacated the chair
The Chief Justice took the char. and directed
proclamation.
The Managers OF Impeachment Were an
nounced.
The Counsel for the President entered and
took their seats.
The House of Representatives were then an.
nounced.
The reading Of the journal was dispensed
with.
Senator Sumner submitted the following as a
declaration Of the opinion OF the Senate:-Con-
sidering the character of the proceeding that il
Is trial OF Impeachment before the Senate of
the United States, and not an indictment before
an ordinary court, that Senators are the Judge.
. Of the law and fact, and that on trials Of i'm
peachment there is freedom of latitude and
exclusion OF technical objection, and that all
evidence. offered on either side. not of a trivial
or irrelevant character should be received
Mr.. Conness moved to lay the subject on the
table; which motion was agreed TO, as follows:
leds-Messrs. Bsckalew, Cameron, CatteIl,
Chandler, Cole, Conklng, Conness, Corbett
Cragin, Davis, Dixon, DOolittle, Drake, Ed
munds, Feesenden, Ferry, Frelingh ysen, Har-
Ian, Howard, Howe, Johnson, Morgan, Nor
rill, (Me.,) Morrill,, (vt,) Patterson, IN X y
Pomeroy, Ramsay, Salisbury, Stewart
Thayer, Upton, Williams, and Yates-s3.
Morton, Patterson. Tenn Sherman, Sumner
Van Wrinkle, Nickers, Wiley, and WIlson-Il
Mr.. Evarts regretted thar he was not yet able
TO fully announce the recovery Of Mr.. STAN
berry, but had not the weather been so entirely
untayorable he would have been out to-day
Not having the benefit OF consultation with Mr.
Stanbery, counsel would introduce such evil
dence as was possible to-day.
Mr.. Curtis offered in evidence documents
from the Department OF State similar TO those
put in yesterday relati We to appointments and
removals: also, submitted two statements fur
nlshed by the Secretary of the Senate, under
the order Of the Senate, relative to the BEGIN
ming and ending OF sessions Of the Senate from
17oU to 1s6S.
Walter 5. Cox was then called to the stand
and sworn, and examined by Mr.. Curtis -
Witness lives in Georgetown, ID. q. Is law
yer by profession. Has been practicing law
twenty years in the courts Of this District
Acted as counsel for Gen. Thomas on Satur-
DAY, Feb 22d, in the case against him in the
District Court.
Mr. Manager Butler objected 10 this testi-
mony. He did not see how The exployment of
Mr. Cox as counsel for Gen. Thomas Lad any,
thing TO do with this case. He did not propose
TO argue this case, but would ask the Senate
under what rule of evidence. even one inst
voted down by the Senate. the declaration of
evidence.
Mr.. Curtis suggested that if the Managers
would wait they would find what the counsel
desired. They did not intend TO bring in the
declaration Of Gen. Thomas.
Mr.. Curtis then asked witness the question,
when by whom, and under what circumstances
he was employed and acted as counsell
MIR. Butler objected.
The Chief Justice ruled the question admis-
sable.
sengeT on Saturday, the 22d OF February, who
said Mr.. Seward wanted to see him.
Mr.. Butler.-I object TO any declarations of
Mr.. Seward.
The Chief Justice-You need not state the
declarations of Mr.. Seward.
Witness resuming, said Mr.. Seward informed
HIM that the President wanted TO See him.
Went to the Presidents House at five O'Clock
In the afternoon. The President and Gen
Thomas were sitting together in a room. The
Mr.. Butler (interruptng).-I object to any.
thing the President said at five o'clock in the
afternoon. daughter
Senator Edmunds asked that counsel reduce
TO writing what they desired to prove by this
witness.
The Counsel submitted that they proposed 10
prove by the evidence that Mr.. Cox was en-
ployed professionally by the President in the
presence of Gen. Thomas 10 take such proceed
ings as would result in bringing Mr.. Stanton's
right TO hold the office OF Secretary of War
before the Judicial Tribunal, and for the
issuing of a writ of quo tcdrrdato.
Senator Edmunds asked the date Of this oc-
curreDce.
Mr.. Curtis.-February 22d.
Mr.. Manager Butler objected for two rea-
sons First, because ii was after the act was
done; and, second, because Il was after Mr..
Stanton had found il necessary to take means
TO protect himself that the President sent for
Mr.. Cox to take these measures. Gen. Sher-
man testified, and repeatedit at the request of a
Senator, that the President had said that il was
impossible TO make up a case 10 60 to the courts,
and in the face of this he went on and made
the removal, and then after the action of the
Senate and the House, he sends for d very
proper person 10 act as counsel for General
Thomas to assist in making up a case. Gene
raj Thomas was discharged upon the motion
OF his own counsel, and this tact could not be
gotten rid OF by parole or any other evidence.
The Managers insisted that the records of the
court uld be produced TO prove these facts.
There was no evidence TO show that the Presi-
dent went INTO the court for the purpose of
bringing up the case Of MIR. Stanton He
thought that the proper officer to proceed by
quo EdrTGHtO was the Attorney General.
Mr.. Eyarts SAID the only Court with which
the A Attorney General had Official connection
was The Supreme Court OF the United States
AT the time Of the conversation with General
Sherman, which had been referred to, the
President did not anticipate the necessity of
bringing this case TO the judicial tn bunals for
determination. He had expected that Mr.. STAN
ton would retire without trouble. When Mr..
StaRt refused 10 surrender the office to Gen
Thomas, the President then proposed TO
have the matter decided upon in the
most speedy manner by the highest Judi
eial tribunal IN the country. Now il
is objected TO this evidence that the action
of the President does not appear ON the records
OF the court. The President, by the unexpected
resistance OF Mr.. Stanton, as Obliged TO find.a
remedy by the process of the law. They wouG
show that the case of General Thomas, which
was so fagrant at first, became very inoffensiye
when the desire of the President to take the
whole matter TO the Supreme Court by writ of
IaIeas ceT1Es became apparent The intention
of the President beng I'd Us thwarted, he was
compelled TO look for other means.
Mr.. Butler again reiterated his objections,
and claimed than counsel continually misrepre-
sented the position of the managers. He fMr
Butler) had never said that the President was
estopped from attempting to make defence in
this Senate; but he would like 70 see an estoppel
put on the counsel putting words in the mouths
of the managers which they never uttered and
then drawing their own conclusions from
them. The counsel SAID the q uestion had been
evaded. Who eyaded il! They must mean the
Chief Justice of This District, for he alone made
the decision discharging Gen. Thomas, and yet
tins man Thomas was discharged upon the
moton Of has own eountel. He would not have
been dsschargedl the motion had not been
made. 1T the Senate was 20 admit the decfara-
tons OF Mr. Cox and counsel Of that kind, with
whom the PresldeAt surrounded himself. they
would never have an end Of IL. They would
then have TO bring in the Ch,ef Justice Of the
District to give his account of it, and thus the
Senate would be led Off TO side issues. This
might not be the design, but 10 was artistically
calculated 10 have that effect. He repeat.
ed that no writ Of quo pcrrdato could
be brought against civil officer unless by the
Attorney General. and he had never heard OF
its being applied for before, or spoken Of before
this 1Nn-Wss impeached and he had not heard
that il had been apptnu-ior yet. He warned
senators not to lef'in this-Slnd Of evidence
II they did this trial would be p2tracted un-
til Juiy-aye, untfi next March. f2e PySh-
dents supporters in the House had thrrs tened
that they would make.the trial last the wsole
Of his official hfe.