New-York tribune., 1868-04-16

recess % @Satcs each dS Commencing At occci m
The order was rejected as follows:
Cameron, Corbett Howard Sherman.
Gssis GssSdsr STaffa ST1fs, sM%ss Mo1s.n, ssf ss%1si
cCHiliuE FfsiSshuysep MCrHii (v' vtj' Williams,
oOnns''' Harlan s,Ts Ramsey "''''
Anthony, Fesseuden, Morton, Tru%nhq3ll
B1eIasw, GRIMES, Patterson CreDnl MIXERS ,Hisksr''
Davis, Henderson, POmerOy, Wisy, WWiEy,2s
peiH pooiials. JoSSson. JSSaE'%.' Sauissny
The CHIEFJUsTIGE directed the counsel to proceed
Mr. EVARTs-Mr President and Senators; Although
am not able TO announce should be very glad 10 DO
that our associate. Mr. Stanbery accordng 10 ie noe
am happy TO say he is quite convaescen ana can
be long kept from gy66g 6e case R 80 o Wba
ever we may properly do in advancing the tlla Oh ts
propose to proceed TO put m no o n N
any oral testimony until tomorrow. -, o .,o
Executive Clerk of the Senate produce the nomination
of Thomas Ewing ST. OF Ohio to theotce OF secretary
The CHIEFJUsTICE was understood to express q
doubt whether under the Rules OF the Senate nomha
tions were not under the Injunction of secresy. .
Senator EDMUNDS asked the unanimous consent OF
the Senate to show that the fact OF nominations Dehg
made considered not subject to the injunction OF
MIR CURTIS was so instructed and therefore he had
supposed motion TO the injunction OF &C.
Senator SHERMAN said that If motion was consld .
cred necessary he would move that the Executive Ceh
of the Senate be sworn rs witness In the case ,, ~,
The motion agreed 10, ana the Executive ChIh vi
the Senate, Dewitt c. Clarke, sworn and exalnhed
by Mr.. Curtis, as follows: -
O. State what document yon nave before t rnas m
have the original nomination by the PresdeDt 3r dhoas
Ewing Secretary Of the DEPARTMENT. OF "d'
Mr.. CURTis-Please to read it.
Witness read ae follows
10 the Senate Of the United States ~,
nominate Thomas Ewing, Of Ohio as Secretary Tor th Depart
" Tashiagon D. c. February o. 1867
O. on what day that actually received by You a.
Mt CURTisSI now desire to put evidence copy of
the message from the Pres ident OF the ued states 10
the Senate the United States which bears date OF the
oath of February 1863 have printed copy, which is
authorized copy, and suppose 1t VIII not DC oo-
Mr. BUTLER--The article Of proof is not objected to,
but the proof itself Is Objected Tor very pan reason
by the House. and of course his declarations put III OF
attempted to he put in after his %heer e
directed the Senate or else cannot D gwen
in evidence The exact order OF time may not be III the
Dist Of FeSraaTy resolution was offered the House
looking to the Impeachment of the President aud 1t was
referred to Committee. On the 22d Of February the
Committee reported and the impeachment was actually
voted Then INTERVIEWED Sunday the 29d. Any message
the 2ih of February must have been known 10
the President to be after his impeachment.
Mr. CURTIs-It will be recOected that the Honorable
Managers put in evidence resolution OF the senate TO
which this message is response that the question is
whether the Honorable Managers can put in evidence
resolve Of the Senate transmitted to the President OF the
limited States with reference 10 the removal OF Mr. Stan
ton and refuse TO receive reply which the President
Mr. BtiTIER~I have only to say that this is argu-
ment TO preu and not TO law Wmy learned friends
after Indictment of the criminal the respondent was al
lowed put in evidence his statement OF his own de-
resolution referred to, because II IS part OF the tsae
ton of Mr. stanton il made before the Impeachment
criminals declarations made that day. ouly ASK the
senate to consider precedent hereafter as we as
menf after impeachment the President send In a
message which shall he taken as evidence.
dare to do something We have not been in the habit OF
considering the measure for the CONDUCTING @ y OF n %
habit Of applying such epthets to opponents nor hn nm
measure OF duty Of counsel is the measure which We
shall strive to obey and not the measure OF daring Tor
no other reason than this That rules OF law OF fact
and evidence we may perhaps expect superiority.
bat on OF daring lLaughter Is the learned
Manager entirely right in saying that the impeachment
was voted the 22d OF February The 22d was satur-
day, and, unless am mistaken, vote was not taken
until the following Monday.
Mr. BUTLER-The vote was takenon Saturday the
Mr. EVARTS-That is, that articles of impeachment
shall be brought mi
Mr. BUTLER-Yes Sir.
until the oath Now It is said that because the vote that
the Impeachment should proceed was taken ON the 2d OF
February that mpugns the adnissDly OF the evidence
proposed 10 be laid before the Senate My learned asso
cate has distinctly stated the situation OF the matter
Perhaps both Of those transactonsthe vote III the SEN
ate and this message-may be within the OF argu
ent But the Managers have put in evidence tins trans
as a part OF the res ges0 the removal Of Mr. stanton,
which took place before the resolution was passed by th
Senate it is not 1t however, received
as proper evidence and the did not consider
it Objectionable that we supposed, as matter OF
course that this message. which is in 10 that res
outio the Introduction Of the topic by the resolution
before offered In evidence, wonld DC adssaDle III tesl
mOny. We submit, therefore, that IN every ThclPe OF
law and Of discussion In reference 10 the completeness OI
the record on he point tS message sage % Gi gG rc'ue'
Mr.. BUTLER-I simply desire to call the attention OF
the Senate to the fact that whether matter OF daring
or of professional knowledge neither counsel having
stated any possible reason why TINS paper shoa De re-
show that notwithstanding resolve served upon the
President the night Of the 2st OF February he sun went
on and treated this Lorenzo homas as Secretary OF War
Gd interior that Lorenzo Thomas thus recognized by
him after that as the Secretary dd interim and that after
that 20 be nce by force Nc offered II in order to
Show that the President OF the United states was ae
was served upon HIM for the purpose OF having him know
the action of the Senate, Chat he might stay his hand
after he was impcached by the House
OF Representatives be put In evidence
luton of the Senate would have been great deal better
than pages of argument. will not use the word dare
LAWYERS would dare do favor Of their client, but will
say that the gentlemen have not shown any SOUND reason
The directed the counsel for the Presi
dent to put In writing what they proposed to prove
that TO prevent mistake he had sent the Clerk OF the
House the record OF the proceedings Oh Impeachment
Mr. Mcpherson Clerk Of the House. having come III soon
aferward and handed the House Journal TO Mr Butler
Mr.. BUTLER said find, upon examination, that the
resolution Of impeachment prepared ana referred 10
committee on the 22d the committee Ieported ana t.at
2Ih and the actual vote was taken Monday the Path
Mr.. EVARTS-Late In the afterno0n-nve O'CLOCK; 80
that was correct
Mr. BINGHAM-I rise TO state further reason why we
insist upon this objection The House OF Representatives
appears by the Journal now furnished voted on ne
of February Andrew Johnson be impeached OF high
crimes and msdemeanors on the day preceding ing the 3ad
states proceeded another message 0f the Pres
dent which he had reported 70 the Senate that he had
removed from the Department of War, Edwin NJ Stan
ton then Secretary OF War. by previous action OF the
Senate The Senate refused TO concur In the suspension
m
dent Under the Tenureof.0fce act having given the
President notice thereof the President proceeds there
unon 10 remove him. and 20 appoint Lorenzo Thomas Sec
retary OF War ad interim, IN direct contravenon OF the
words OF the act itself and OF the action OF the