The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-01
BY: Y:'TELEGRAPH.
CONGRESS.
WAsH1NaroN. Mnrch al.
aRRATE

4 HEAATE. s
Aftera few petitions were presented
the chair was taken by the Chief JUS
| Hce. The impeachment manaRera and
members of the House took tEieII
places, the Presidents co1nsel'aIso On.
tered and took seats. Tho gallery was
hAlf.fnlLG .Effl " r l. -
Mr. Wilson offered documentary evil.
dence, including the Senate resolution
OF January 18th; ah extract from the
Senate journal showing the action oi
the Senate thereon: and q copy OF STAN
toms commission from President Lin.
coin, under which only, Mr.. Wilson
said, Mr.. Stanton claims to hold.
w. j. Mcdonald was called and at
tested TO the notification of the Pfesi-
dent OF the action DfCongress, and also
attested 10 the service OF The resolution
OF non'concurrence In the removal oI
Mr.. Stanton by the President. - -
]. w. JONES deputy Marshal or the
supreme Court) Irds stD0Tn-He testi-
hed that be had known Gen. Lorenzo
Thomas for six years, and he had
serYedS upon him u summons OF the
District Supreme Court on the 2lati OF
February, about II O'Clock at night,
and made return which was read.
The resolution Of the Senate declaring
that the President had no power TO re.
move stanton was then read. !a
-. h. CREERY ian appointment clerk
In the Treasury DepaFtment) 1OnS sworn,
He testified to the form of appoint
March,, 1867. h, ~ =, ~
q The Senators complained of not hear
Ing, and Mr.. Butler offered TO repeat
what he had said but Mr.. EVaFts said
he preferred to hear witness himself.
Mr.. Stanbery enquIred what was the
Mr.. Butler replied 1t was 10 show
that after the passage OF the tenure. of.
Office act, the President Aligned a differ
/ ent form of commission, In accof I'd auce
with sai1 act, thereby .recoHuiZinRs its
binding force and legality. ETti ~ = 9
The witness estideda 10 the changes
indicated, which were read by Secreia 4.
were, During the pleasure OF Lhe
Frestdent Tor the time being.n" r
The form OF commission for treasury
appointments was also produced. and
the witness testified TO the striking out
OF the same words above quoted and
the substitution In their place the
| words Unless this commission be
sooner revoked by. the President OF The
United Stalea for the time beinR.D
The commission issued TO Mr.. Coop
er, Assistant Secretary of the Treasury,
on November 20, 1907, was produced.
"a Mr.. Butler, continuing TO examine,
asked IL the Senate was then in
session. Witness said LIE Thought
moi; and In hnswer 10 another
| question said Mr., Cooper did
not qualify under that commission,
but tunderanother which WAS then read.
Mr.. Butler then called for the read
Ing OF the letter of authorit y given TO
MIR. Cooper by the President on Dacem-
ber 3D. Witness testified that Mr..
Chandler resigned he thought a day or
| two before tlis letter. sH 81
Cross EtdMiMed.-By Mr.. Curtis
/ Witness stated that the date when the
change in the form of the commission
was the 9th of March 1867.
BURT VAN HORN, (membsr OF the
House OF Representatives. } stated that
he was present at the War Department,
on Saturday, the 22d day of February,
ls6S, at Two minutes past IL, when Lo.
renzo Thomas demanded OF Mr.. Stan
ton possession of the Office of Secretary
| OF War. He testified that Gen. Thomas,
after exchanging salutations with thoae
present, said to Mr. Stanton, "I am
| Secretary OF War dd interim, appointed
and authorized ylthe President to take
possession OF this office.nh Mr. Stanton
ordered him 10 repair to hisiEoom and
Perform his duties as Assistant Adju.
tant General, which he refused to do
saying he intended to exercise ) the
functions of Secretary of War, and
would receive the mails OF the Depart.
ment.s MrsSiantont told him he would
do SO at his peril. Mr.. Thomas left the
room and the witness last saw him In
the room OF Gen. Schriver.
Cross Erdnined-by Mr.. Stanberv-
Witness said he went there to paw a
yisit to Mr. Stanton, not on public
business was accompanied by Messrs,
Moorhead and CLARK; did not know whai
their business was; did not state whai
they went for; he was notin the hnbiI
OF taking memoTRndum of converse.
ttnnEs f.
envelope in his pocket; no one request.
ed him to do 1t; was about a minute
alter Thomas,left the room that Stan.
ton followed Hhims before he reached
the room he heard conversation Roine
on between Stanton and Thomas; did
not understand what was said; did moi
know where the envelope was ON which
he took the memorandum; 'ft was pFo
6ably destroyed; he said he wentiwltt
MIR. Stanton 10 Mr., Schriyer's room
and was requested by Mr.. Stanton Il
take notice Of the question he wa,
abont to ask. Mr., Thomas; which was
whether he Intended TO obey his order
piled that he did not, and also said tina
he intended to receive the mails, ant
acknowledged to witness he had sRId;so
Witness had been at the depot half al
hour before Mr.. Thomas came; he wa
not attended, nor was he armed, 30 fal
as witness could see. Witness though
there had been some conversation be
tween Mr.. Stanton and Mr.. Thomas II
Mr.. Schrtver's room before he entered
It was OF good natured character: he
Thought there had been some jokInI
between them. 56li1ri -
.MALTER a. BURLEIGH, delegate
from Dakotah,l J eranliRed. ~. =
MIR. Stanbsry wanted to know this
object OF this examination as to ths,con
versatlon between the witness anC
: Gen. Thomas.
Mr.. Butler replied to, show that th,
Intent and purpose OF Gen. Thomai
was to take possession of the. Wa
Department by force.
Mr.. Stapbery objected 10 the testi
mony, and the objection was sustaine,
by the Chief Justice.
Mr.. Drake said the question should
be submitted to the Senate and appeal
ed from the decision OF the Chair.
= The Chief Justice said &c was his duty
30 TO rule. liIithS 81 ,ilaiI5l 10!
= Mr.. Drake said there was nothing IL
j give the Chlef Justice that right.
Mr.. Johnson called Mr.. Drake TO or
der on the ground that he could no
debate the Question. ~. -,-57-.I1s-.-,t
The Chief Justice arose and said tina
he, as Chief Justice of the United
States, was delegated by the COnstitu
tion 10 preside over the Court of I'm
parchment when the President Jof thC
United States was being tried. Bu
when 81 presiding, he became Presi
dent of tho Senate, sitting as AIRE
Court of ImpeachmenL;W when point o.
evidence, or form OF law came be
d fore the COurt, in the frat instaneei thu
Chief Justice was the proper petson K
decide Il and then the Senate on ita be-
Ing Submitted to them at the sugges