Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-03

evident and there the conversation
ended. did not see General Thomas
that morning as far as i can noy recol'
lsct
Mr. Butler here handed the witness q
COPY Of the order referred 10 by him,
and asked II II was the samef
Gen. Emory" Exactly"
Mr.. Butler" But this is No 10, and
not n, as stated by you
Ths witness said that his copy was
numbered II. ,rfr tFfe rl.1.r
Some delay thereupon ocesrred 10
comparing the two copies, which were
declared to be the same.
The witness continued his testimony !:
~ am stilIin command of this Depart
ment"
Cross-examined by Mr. Stanbery /:
When order No. II was sent TO the OH
GERS of the army, there was some discus.
sion among them, with view TO ascer-
tain the obligations Of the officers under
this act i received no instructions from
the War Department 10 affect the order.
Mr.. Walker advised me TO obey only the
orders coming through Gen. Grant The
question Of whether they we're coustitu-
tional or not did not comb up. We con-
cluded that we would have to obey them
until they were declared to be uuconsti-
tutional by the courts. When said to
the President that he had approved the
order, / meant that he had approved the
act, which was all the order contained.
The witness here produced and read his
commission.
p Mr.. Stevens took the document after
wards and looked carefully over it,
The order under which Gen. Thomas
resumed bis position MS Adjutant General
Of the army was then produced, and the
original letter Of Grant was also offered,
requesting the President to put in writing
the verbal order he gave the General to
disregard any orders from the War De-
partment assumed to be issued by the
President. The next document produced
was letter from the President, dated
February 10, 1868, addressed to General
Grant, in reply to the latter's note asking
for q written copy of his instructions.
Mr.. Stanbery said this was letter pur-
porting to be portion of the CORE
spondence between General Grant and
the President, and he would ask the hon.
orable managers if they intended to pro-
duce the whole of the correspondence.
4. Mr.. Wilson replied that the letter pro-
duced was all that they cared to offer.
Mr.. Stanbery asked the object of pro.
ducing this letter.
Mr.. Wilson replied that the letter went
to prove that the Presidents intention
was to prevent Mr.. Stanton from enter.
ing upon the discharge Of his duties.
The letter was then read by the Secre-
tary, and Mr.. Wilson was about to offer
another document, when s
The Chief Justice interrupted him,
and instructed the sergeant alarms to
bring in some absent Senators.
Mr.. Stanbery then asked Mr.. Wilson to
read the documents referred toin the
Presidents letter.
Mr.. Wilson said there were no docu-
ments referred to, and that he had, of.
fered nothing more than the letter. The
letter was then handed to Mr.. Stanbery,
who proceed to examine and read that
portion referring to the letters addressed
to the President, and asked that these
letters be produced. 'ir
Mr.. Bingham said that they were UNI
der no obligations to produce these LETT
tiers, and there was no rule which COM
pelled them to introduce the letters
The matter was referred to the Chief
Justice, who said The counsel for the
President will please reduce their objec-
tons to writing" b.
The objections were then written out
by Mr.. Curtis, and read, to the effect that
the letter was not evidence unless the
managers produced the Enclosures re-
ferred to therein.
The Chief Justice said the letter was
now before the Senate.
Mr.. Stanbery said the Managers had
read letter from the President, in
which reference was made to certain ex-
planatory documents, which, If not read
as part of the communication, left the
letter without point. ~.
Mr.. Wilson said that it was true that
the President had referred to certain in
closures, but insisted that these refer
ences had nothing to do with it.
5 Mr.. Conkling sent a note to the Chair,
asking the counsel to read that portion
Of the letter referring to the Enclosures.
Mr. Stanbery then read it; and the
Chief Justice put the question whether
the objection of the counsel was to be
sustained or not -
Several Senators asked whether if the
objections should be sustained, the evil
dence would be read out. ati
The Chief Justice replied that it
would. 'fiit'i-a n
The vote was then taken, resulting in
ayes, 20; nays, 29; so the objection was
lost. ier
Mr.. Wilson then introduced the order
Of the President appointing General
Thomas Secretary Of War I'D interim.
The order was read at the request of the
counsel.
The order addressed TO Mr.. Stanton
removing him from office was next read.
Mr.. Butler said they had an official
copy of order No. II, referred to by Gen.
Emory, which was admitted without OBJ
lection. lta
Gen. Wallace and W. E Chandler also
testified, but revealed nothing favorable
to the prosecution.
After some further unimportant testi-
mony, the court adjourned.
From Washington.
The Senate has made another absurd