Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-02

offset 70 that four com p tnes OF th I sreffh
lmLianuy nao oesn oecaened and sent 70 Soutn
der Of that Department. AMI hat Two conapa-
nies OF artillery had ben returned % their
'mmands, and that although the number Of
com panies of infanfry had been increasad
the numerical strength Of the DApstt-
ment was about the same growing out
o. the reduction OF the army 70 the peace
fooilng. The President thea said, DO not
refer 10 these things. \ replied thai ~ NJ
would state what Changes he rsferrsd 20
could be more explicit lie ssd he rel rred 20
rseht changes; and replied that S0ald as
sure MIN that no Nery recent changes had been
made, for that by the law Of Congress an or
oers had % be uansmii It'd through Gen. Grant
70 ne army. and ln hike manner sal orders
fron CfeneTal Grant 70 officers az my depart
lh'ht mus come through m. and could not
cohcelne mat orders would BE- issued % my
subordinstes except through me- The Pre<S
dent asked me W hs order and act OF Clngrsss
4eierrea to- and rtplied, 20 oraer No A., OF
the series of lso.. he replied ihat h. wonId
messenger for Il Al this pcfnta a rentI.,ns, ,ar,s.
in TO see the PJesidemt aud n \ = dia ne,
suppose that his business concerned me. I
Wl'hdIew 90 one enc % the rOona Ths mes.
senger returned with the order aud handed ,t
10 me, and after The gentleman rsferrel 10 hAd
retired. returned 10 whore the President pvas
and said l would be obliged 10 him fhe would
give attention TO the Older. 1 told hun the order
was found in an Appropriation bill that hal
passed Congress last spring. He rad the
order and said IL was not in con forrnity with
makes him Commander an CLief or with the
langCage 81 your commission.
Witness here spoke in low a tone tha,
several Senators asked him 10 repeat his las
. remarks, " Eich he did.
Witness resuming, said II rs.pIIed that 10
tne order which you haN~ approved and sent
that effect, as i cannot rccoilect the exact lam
, gusge. The President then said -" Am TO
understand that the Pr-sidcut Of the United
States can not give an order 10 tie army except
through the General OF the Army or taroueh
Gen. q rant y and repiled that such was NV
lEp,esslcn, and that that was -he impression
/ OF the onscers OF the army generally. 1 said
luftber ibai when the order was issued some
} discussion ensued relative TO its construction
end The duty OF officers under IL; and several
law leTs We're consulted about II, and gave 10
, as their opinion that We were bound by the
orders, whether they Were constitutional or
unconstitutional.
-. Did you state hitherto who those LAWYERS
werei A. Yes, sir.
q. Who did you state they werel A. NV
foriner statement with regard to the matter was
not altogether correct. L advertenIly stated
that lad consulted lawyers / only con-
suited Hon. Robert J. Walker, and other indi-
yldusls had consulted with Hon. Reverdy
johnson and other lawyers. I told the Presi-
cent that the lawyer L onsulted said we were
oopnd by the order, and that other ofacers who
had consulted Mr.. Reyerdy johnson said thai
be was Of the same opinion: and that the con-
Nersatlon ended by my thanking the President
for nls courtesy I'm allowing me 10 express my
ow opinion SO freely, and then withdrew.
o.-Dld You see General thomas that
morning! Al did not The order re-
ferred TO here exhibited TO witness
who said the one exhibited WAS not an
exact cepy Of the one he had in his ONCE II
Is only part OF the order The one in my ONCE
contains also the appropriation bill. Sofar as
II concerns this inquiry, however, the order is
the one have referred to. This order is Of
fetal.
Q.-This is order No vs. You referred To
order No. i5l Witness explained that IL was
the same order. Order No. II contained ali OF
the appropriation bill' and this order only
section OF that bill.
Mr. Butler proposed TO put the order in evil
dence.
Counsel for the President examined The paper
and made no objection.
The order was then read. Ii makes the
headquarters of the General of the army per-
manent I'm Washington, and he cannot be re-
heNed except by his own consent. And IL pro-
yides that all orders Of the President 70 the
army, shall be transmitted through General
q rant.
q. You are still in command of the Depart
ment of the Cum berland. A. les. sir
Cross-exaInined by Mr.. Stanbery.-The or
der read by the President at the interview
ierred TO was IS or IL, witness does not recol-
lect " hich. The only difference is that, in or
der No. l., the whole appropriation bill is set
out, and in the other nothing but the order 70
the army is given. The copy on file in my Of
flee contains the appropriation bill. and is No
l.. That read by the President was the same
as what was first read 10 the Court. When the
order was sent to the officers of the army there
as discussion among them TO It's real
purport.
Q.-This document then, simply gave the
order, and gave nothing In reference 10 the con-
strucuOn 10 be put upon az A--les, sir.
Witness was then asked what the discussion
among the army officers particularly
about. He replied as to what their duties were
under the order.
q. You received no instructions then from
the War Office relative 10 the construction OF
the order A. No. sir
q. Ii was then left TO your own construction
and having doubts about IL you onsul ted law
yers Witness replied that he had no doubts
about the construction, but he had consulted a
lawyer in order TO settle the doubts of others
q Then you applied 10 Mr.. Root J. Walker.
A. les, sir.
o.-Did Mr.. Walker tell you that you were
bound by the order, whether il was constitu-
uonal or UNCONSTITUTIONAL A.-The question
OF the oonstitutionslity of the order did not
then come up. Witness understood the mean
ing 10 be that the order was to be obeyed. and
that officers would BE- hound by il until NJ was
declared unconstitutional by the courts
The order and act are the same thing and as
Tar as We are concerned are the same thing
Ihe act was approved; consider the order and
the act the same
Mr.. Manager Wilson said they now offered a
copy OF Gen. Emory's commission as Major
General by brevet, which he then read. Itis
dated July IL, 1866. Also, the order assigning
Gen, Gen. Emory TO the command OF the De-
paTtment OF Washington. Also, the order
under which Gen. Thomas resumed his duties
as Adiutant General of the army of the United
States. Also, the original letter OF Gen. Grant
OF .'an -, lctc. reg uesung the President TO put
IN writing the verbal order which he
had given him the day previous to dis
regard the orders Of EfwiH NJ. Stanton as
SECRETARY OF War until he knew they We're
the Presidents orders On thls letter is in
dorsed by the President folloYs:-.sieneral
Grant Is instructed lot TO obey any orders
issued from the War Department purporting 10
be issued by the President, unless the General
commanding knows that they are issued by the
direction OF the President
AT the request Of Senator Cameron. the two
last documents Were read by the Secretary.
Mr. Wilson would further submit n letter
written by the President of the United States
10 General Grant on February 10 1862 Ii was
the original letter, and he would send IL 10 tn.
counsel, that they might examine it,
Mr.. Stanbery examined the letter. and said
Tins was, a letter which purported TO be a part
OF the correspondence between Gen. Grant
and the President. He would AJAX the Mana
gers If hey proposed TO submit the rest OF this
correspondence
Mr.. Wilson replied that they did not propose
10 submit any more of the correspondence
Mr.. Stanbery asked what was the object of
producing this letter.
Mr.. Wilson said they presented il to prove
that the President intended to prevent the re-
turn of the Secretary of War, Notwithstanding
the action Of the Senate
House OF REPREsKNTATIvEs.-The House
assembled at - o'clock
number Of members asked ana obtained
leave of absence.
Mr.; Washburne (Ill.l asked unanimous con-
SAINT hat hall