The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-02

tions OF the tenure.of-ofice act, and
claimed that the President and General
Thomas could not shelter themselves
by asserting their action; 1t was a mat
ter of obeying the military order.
The Managers do not rely mere
ly upon the declaration of General
Thomas to show the intention: of the
President, they would show from his
own written confession that his long
meditated purpose had been to violate
the law of Congress. The arguments Of
his counsel had been more plausible
and ingenious. Then Thomas did not
act that day as Adjutant General, but
as Secretary of War dd interim. When
he claimed that the desire OF the coun-
sci was not simply to have this testi-
mony ruled out but to obtain some sort
of decision by the Senate of the guilt or
Innocence of the President.
Mr.. Bingham reviewed the ciroum-
stance of the suspension of Mr.. Stan
ton and the subsequent action by the
President, which he said was in accord
ance with the terms of the tenure.of.
Office law.
Mr.. johnson asked the question
whether the Managers proposed to
prove that the President authorized
General Thomas to use force II neces-
sary, and whether the President en-
dorsed the declarations of Thomas af-
ter they were made?
Mr.. Bingham said the Managers
must. decline to answer SO general a
question.
Mr.. Evarts rose to speak but Mr..
Bingham called his attention to the
rule limiting the debate on each side
to one hour the time he said had about
expired.
The Chief Justice made an inaudible
remark, and Mr.. Butler wished to
know whether these questions would
ever be decided, SO the Managers
might know what to rely on.
The Chief Justice stated the effect of
the rule.
order that the decision must be made
by yeas and nays.
Mr.. Conkling moved that the counsel
for the President be allowed time for
further remarks, as they had been un-
der a misapprehension as to the bearing
of the rule.
Mr.. Eyarts said they had not yet
exhausted their hour, and Mr.. Conkliug
withdrew his motion.
The Chief Justice stated the question
TO be whether the question of Mr.. But
lershould be put to the witness, Bur-
leigh.
Mr.. Drake again made his point OF
order, but was not sustained.
Mr.. johnson called for the reading
Mr.. Boutwell, stated that they had
declined to answer 1t, considering 1t
too much in the nature of an argument.
The yeas and nays being demanded,
resulted, 39,yeas to- IL nays.
Mr.. Burleigh was then called and
said that on the evening OF the End OF
February he went to see General
Thomas at his residence. Gen. Thomas
told him he had been appointed Secre-
tary OF War dd interim. He had gone
to the Department and demanded pos
session. Mr.. Stanton asked him III he
would give him time to remove his pa
pers. Witness understood General
Thomas to say he had already issued
| orders rs Secretary of War. He also
said he intended to take possession at
ten o'clock. In reply to an inquiry by
witness General Thomas stated he
would use force to obtain possession, II
1t were refused him.
Mr.. Butler asked witness If he had
had any conversation with General
Thomas while he was acting as Adju.
tant General.
Mr.. Evarts inquired as TO what date
the question applied.
Mr.. Butler said this appointment to
that Office WAS made about a week be.
fore he attempted to gain possession oi
the War Department..
Mr.. Eyart asked what was the pur-
pose OF the testimony.