Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-01
LATEST 1'ELEGRAMS.
MIDNIGHT DISPATCHES.
THE IMPEACHMENT TRIAL.
CONGRESSIONAL PROCEEDINGS
Senate.


their places; the Presidents counsel also
entered and took seats. The galleries were
half full
Mr.. Wilson offered documentary evil
dence, including the Senate resolution of
January 18th, extract from the Senate
Journal showing the action of the Senate
thereon, copy of Stanton's commission
from President Lincoln, under which only,
Mr. Wilson said, Stanton claims to hold.
w. J. Mcdonald was called and attested
the notification of the President of the
action of Congress, and also attested the
service of resolutions Of non-concurrence
in the removal of Stanton by the President.
J. w. Jones, Deputy Marshal of the
Supreme Court, was sworn: He certified
that he had known Gen. Lorenzo Thomas
for six years, and had served upon him the
summons of the Supreme Court on the 2lst
of February, about IL o'clock at night,
and made the return, which was read.
The resolution of the Senate, that the
President had no power to remove Mr..
Stanton was then read.
Z. E. Greasy, an appointment clerk in
the Treasury, was sworn: Teitifed to the
form of appointment used in the Depart.
ment prior to March, 1867. The Senators
complained Of Tot hearing, and Mr.. Butler
offered to repeat what he said, but Mr..
Evarts said he preferred TO hear the wit
ness himself.
Mr.. Stanbery inquired what was the
object of tie testimony.
Mr.. Butler replied that it was to show
that after the passage Of the tenure of Office
act, the President signed different form
of commission to that made in accordance
with said act, thereby recognizing its
binding force and legality.
The witness testified to the changes in
dictated, which were read by Secretary
Forney. The words stricken out were,
during the pleasure of the President for
the time being" The form of commission
for Treasury appointments was also pro-
duced, and witness testified to striking out
the same words above quoted, and the
substitution in their place of the words
"unless this commission be sooner revoked
by the President of the United States
for the time being" The commission issued
to Mr. Cooper, Assistant Secretary of the
Treasury, Nov. %, 1867, was produced.
Mr.. Butler continuing to examine, asked
if the Senate was then in session. Witness
said he thought not, and in answer to an
| other question said Mr.. Cooper did not
qualify under that commission, but an
other commissionwhich was then read.
Mr.. Butler then called for the reading
of the letter of authority given to Mr..
Cooper by the President in December 3D.
Witness testified that Mr.. Chandler re-
signed, he thought, day before.
Cross-examined by Mr.. Curtis Witness
stated that the date when the change in the
form of the commission was made was the
9th of March, 1867.
Mr.. Van Horn, a member of the House
of Representatives stated he was present
at the War Department on Saturday, 22d
day of February, 1868, at two minutes
past IL o'clock when Lorenzo Thomas de-
manded of Stanton possession of the Office
| of Secretary of War. He testified that
General Thomas, after exchanging saluta-
tions, said to Stanton, | am Secretary of
War ad interim, appointed and authorized
by the President to take possession of this
office. Stanton ordered him to repair to
his room and perform his duties as Assist
ant Adiutant General, which he refused to
do, saying he intended to exercise the
functions as Secretary of War and would
receive mails of the department. Stanton
told him he would do so at his
peril. Thomas left the room and
witness last saw him in the room of Gen.
Schriver
On cross-examination by Mr.. Stanbery,
witness said he went there 10 pay visit to
| Stanton, not on public business was ac-
companied by Messrs. Moorehead and
| Clark did not know what their business
was; they did not state what they went for
he was not in the habit of taking memo
randa of conversations he was prepared
by having large envelope in his pocket;
| no one requested him to do it; il was
about minute after Thomas left the room
that Stanton followed him; before he
reached the room he heard the converse
ton going on between Stanton and Thomas;
did not understand what was said; did not
know what the envelope was on which he
wrote the memoranda; it was probably de-
stoyed; he said he went with Stanton to
Schriver's room, and was requested by
Stanton take notice of the question he was
| about to ask Thomas, which was whether
he intended to obey his orders as Secretary
| Of War? Thomas replied he did not; he
also said he intended to receive the mails,
and acknowledged to witness that he had
| said so.
Cross-examined by Mr. Stanbery: Wit
ness had been at the department half an
hour before Thomas came; he was not at
tended, nor was he armed, so far as wit
ness could see; witness thought there had
been some talking between Stanton and
Thomas in Schriver's room before he en-
tered; was of good natured character;
thought there had been some joking be-
tween them.
Walter A. Burleigh, delegate from De-
Kota, examined: Mr. Stanbery wanted to
know the object of this examination as TO
the conversation between the witness and
Thomas.
Mr.. Butler replied to show that the in
tent and purpose of Thomas was to take
possession of the War Department by force.
Mr.. Stanbery objected to the testimony,
and the objection was sustained by the
Chief Justice.
Mr.. Drake said the question should be
submitted to the Senate, and appealed
from the decision of the Chair.
The Chief Justice said it was his duty as
to rule
Mr.. Drake said it was nothing to give
the Chief Justice that right.
Mr. johnson called Mr.. Drake to order,
on the ground that he could not debate the
question.
ne OHttl JuotlCc dIOSc anu Hdlu
that he, as Chief Justice of the Uni
ted States, was delegated by the Consti-
tuition to preside over the Court Of I'm
parchment when the President of the
United States was being tried. While
presiding here, he become President of the
Senate, sitting as a High Court of Impeach-
ment. When point of evidence or form
of law came before the court, in the first
instance, the Chief Justice was the proper
person to decide it, and then the Senate on
its being submitted TO them.
At the suggestion of a member, Mr.. |
Butler proceeded to quote from various
cases of impeachment, to show that the pre-
siding officer of impeachment has no right |
TO decide a question Of law or evidence. |
Mr. Butler stated that the manager of an
uptown house would be bound hand and |
foot by this decision, and would be unable |
to get in except by courtesy of member
of the Senate.
The Chief Justice then stated the point |
raised for the decision of the Senate.
After much discussion, the yeas and nays |
we're taken on the motion to retire for con-