The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-17

want to be catechised about it.
The CHIEF JUSTICE put the question to the court as
Mr.. BUTLER ask that there be added to the ques-
ton these words:-"Ths being intended to cover
what the witness heard in court"
Mr.. EvARTs-The question needs no change what
ever 1t IL intended to call out what the witness did
towards getting out writ OF habeas corpus and it
Mr.. CURrIs-If any change or addition is to be
made to the question should like to alter the word
"court, y because there may be double meaning to
that. What was done or mtehded 10 DO done was
before magistrate.
MIR. BuTLER-Sitting as judgef
Mr.. CURTIs-Sittng as magistrate.
The question was then modified 80 as to read
"What did you do towards getting out habeas corpus
or the employment OF the Presldentf'
The yeas and nays were taken anu resuteoWyeas
2T-nays %, as folOws:-
YEAs-senators Anthony, Bayard, Buckaew, Davis DIXON,
&GS shnsss of
Patterson Of n H. Patterson Of Tenn kSss vpa
Senators Cameron Cstte Chandsr GqOsnS
Stewart, Thayer, Upton, Williams, Wilson and Yates-ss
So the question was admitted.
Witness-When the Chief Justice announced that
he would proceed as all examining justice to IN
vestgate the case of General Thomas not as holding
court our first application to him was to adjourn the
investigation to the criminal court in order to have
the action of that court After some little discussion
the application was refused. Our next effort
was to have General Thomas committed to
prison in order that we might apply to that court
being remanded by that court If 1t should be done
we might follow up the application by one to the SUI
prene Court Of the United states. The counsel who
represented the government Of the United States
(Messrs Carpenter and Ridde) applied to the court
then for a pOstponement.
Mr.. BUTLER to the witness)-Stop moment. To
the Chief Justice)-Does this ruling apply to what
was done by OtherSY
The CHIEF JUsTIcE-If 1t is a part of the same
transaction the Chief Justice cOncelveS that 1t comes
within the ruling.
The witness then proceeded:-The Chief Justice
having indicated the intention to postpone the eX-
animation, we directed General Thomas to decline
giving bail for his appearance, and to surrender HIM
self into custody, and we announced to the Judge
that he was in custody and then presented to the
Criminal Court an application for the writ OF habeas
corpus The counsel on the other side objected that
General Thomas could not put himself into custody,
tanned in custody. The Chief Justice also declared
that he could otrestrain General Thomas ofhis ber-
y hOldhm allow him to be held, in custody,
supposing that he must either be committed or
finally discharged We then claimed that
that the counsel yn the other side would consent to
it; but supposing that that would bring about his
commitment and that thus we would have
an opportunity of getting the habeas corpus;
They made no objection, however, to his final
discharge, and accordingly tho Chief Justice
did discharge him. Immediately after that |
went in company with the counsel whom he
employed (Mr. Mcriick to the Presidents house and
reported our proceedings and the results to the
President. He then urged us to proceed
Mr.. BUTLER ito the witness)-Wait ~ moment. ITO
the Chief Justce-Shall we have another interview
WIN tle PrcSlttcnJ put lIY
The CHEF JUSTICE Ito the witness)--what date was
that? A. 1t was the 10Th Of February, Immediately
after the court adjourned
Mr.. CURTIs-We propose to show that having
made his report to the President OF the failure OF that
attempt he then received from the President other
instructions on that subject to follow up the attempt
in another way.
Mr. BiNGHAM-Do understand that this interview
with the President was on the 10Th
Mir. CURTIS-lt was.
Mr. BrNGHAM-Two days after he had been i'm
peached by the House Oh Representatives?
Mr. CURrIS-les.
Mr. BIEGHAM-Two days after he was presented,
and you asking the Presidents declarations to
prove his own innocence?
Mr.. CURTIS-We do not ask Tor his declarations;
we ask for his acts.
Mr. BUTLER-Two days after his arragnment at
this bar. We ask for vote of the Senate.
The CHIEF JUSTICE-Thc Chief Justice may have
misunderstood the ruling of the Senate, but he I'M
dersands it to be thlsThat facts in relation to the
intention of the President to obtain legal remedy
commencing ON the 22d OF FEBRUARY be pursued 10
the legitimate termination Of that particular trans
action, and therefore the senate has ruled that
| the witness may go and testify until thai
! particular transaction comes TO close. Now, Thu
oNer is to prove the conversation after the nomna
ton OF that effort in the District Court. The Che
Justice does not think that that Is the view OF tn
Senate but he viii submit the question to the Senate
The question was submitted ana the evidence wa
| ruled out without II division.
Question by MIR. CUlwIs-After you had reporte
to the President, as you have stated, did you tak
any further step or do any further act In relerenc
to raising the question Of the costitutionay of til
| law or the Tenure OF ONCE act?
| Mr. Bu1LER-ll WnaJ Tie PTeSluenb uiu HlIllSCl
| after he was mpeached after the I'D OF Februar,
cannot be given in evidence do not sec that wha
his counsel did for him can be; 1t is only one stel
| further
| Mr.. EvARTs---We may put the question, suppose
Mr.. BUTLER-The question was put and objected
to II.
Mr.. EvARrs-It was not reduced 10 writing.
BY direction OF the Chief Justice the question was
put III writing as foliows:-"A you had reported
to the President the result Of your efforts to obtain
writ OF habeas corpus did you do any other act in
pursuance Of the original instructions you had re
ceived from the President Saturday to contest the
right OF stanton to continue in the oice If so STATE
what the acts were"
The CHIEF JUSTICE thinks the question nadmissi
BILE within the last vote Of the Senate but will put
| to the Senate If any Senator desires 1t.
Senator DOoLlTTLB asked q vote.
by request OF senator SHERMAN, the nth article
| was read by the Secretary.
| Mr.. EvARTs said IL was proposed to show q Lawful
| intent.
question addressed to the witness on the stand rea
| again.
The CHIEF JusrrcE-on which the ruling too
| placer
| Senator HOwE-No.
Mr.. EvARTs--The offer to proven
Senator HOwE-The offer 10 prove.
The offer to prove was again read.
The CHEF JUSTICE decided that, under the hftl
article on the question OF intent, the question wa
senator HOWARD asked that the question be pu
TO the Senate, and the question was admitted, by tn
| following v0te-
YEAS Senators Anthony Bayard, Bucknew Davis Dixon
Doolite, Fessenden Fowler Grimes hendrisks Howe
Johnson McCreery MOrrlf norton, fatter
OF NJ H. Patterson OF Tenn, Ross, SALISBURY, sherman
sprague, Sumner, Trumbull, Van Wrinkle, Vckers an
Senators Cameron, Catei, Chandler, Conkling
Conness, Cragin Drake Eimund, Ferry, freinghuysen
Harlan, Howard, Morgan Morrill, Of VI, Nye, Pomeroy
Ramsey, Stewart, Ihayer, Upton, Williams Wilson anC
lates-93.
wiiness-On the same day or the next, the 21st,
| 1led an Information, In the nature OF q quo rd''
/ TdatO; think a decay OF one day occurred IN the
effort TO procure certified copies Of General Thomas
commission az Secretary Of War al interim; then
applied the District Attorney to sign the niorlna-
ton i'm the nature Of a quo rdTTGnto, ana he de-
cllned 10 do SO without instructions from the Pres
| dent or Attorney General; this TACT was commune
Gated TO the Attorney General ana the papers were
sent to him. and also gave Il Us our opinion thai
| 1t would not be
opinion given TO the Attorney General
| Mr. EvAgTs--Wc don't insist upon u.
| Mr., CURTIs-iou can now proceed 10 state what
was done after this time. A. Nothing was done after
! that by me. - -,
| on motion OF Senator COMES the Senate took
| recess of fifteen minutes at halfpast two.
After recess the wltress was cross-eXamined b.