The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-03
c mgr 5ssionatPro settings
E F-EE
Progress Of the Imp each
m3Et Trial. -asa
.sIEE T7T7 SEQ
Examination of Witnesses.
SENATE.

The Senate met at u O'Clock. The Chair
{ was immediately vacated for the Chief
Justice, and the Court opened at y O'Clock
and ten minutes. The Managers were an
1 nounced and took their places and imme-
I diately following about dozen mem bers
4 of the House also took seats. The journal
/ was read.
Il Drake Immediately rose aud said. bs sfr.
/ President, send 20 the Chair, and ask the
adoptiOns of an amendment to the rule
\ by adding the following upon ali questions
I OF evidence and Incidental questions the
I votes shall be Without a decision unless
| tue yeas nd nays be demanded By one
/ nth OF the mem bers, as required by the
/ presiding officer, when the 81 me shall be
saken undeF the rules. The amendment
Stanbery said q Mr.. Chief Justice, before
1 the Managers proceed with another wit
ness, we wish torecall, for moment, Mr..
KarSener.P H#eH
Butler" I submit, II Mr. Karsener is to
be recalled, the examination and cross
examination having been finished on both
sides, he must be recalled as a witness of
the respondent. and the proper time will
DC wnen they begin their case.'
moment
Chief Justice, to Mr.. Butler: Have you
Butler-s No, sir" tfE#n|l
Karsener took the stand.
Kearsener testified that, on the night o.
the 9th Of March, he was at the house OF
Mr.. Tanner, VINO was employed n the
war Department. don't recOllect that next
morning went with Tanner to the War
Department to see Stanton in regard 30
my testl lm2nyaI saw stanton in regard to
Tanner, and refereuce was made to Gem
ere Thomas; received no memorandum
from stanton; received no instructions;
mony.
Thomas NJ. Terry, from Michigan, was
called and te titled: on the morning of
the I'd Of February. when Gen. Thomas
came the War once was present: paid
attention to what occurred and made
mem )randum: have that memorandum
witness here read
memorandum an account Of what he said
IN the interview referred to, in the War
Secretary ONCE much the same as testi-
fed by other Wttnesses). stanton asked
Thomas # he intended to use force; he
was replied to by Thomas that he did not
Wlsh 70 use force, but had made mp his
mind as TO what he should do. The Wit
n IS was briefly oSs-examlned by Stan
berry and dismissed. RI c-fta t-ea
Gen. Emery, commander OF post at
washington testified that he had con-
versation with the President in regard to
the movements of troops in the Depart
ment OF Washington; the conversation
occurred long ago; can only give the sub
stance OF II. I told him the strength OF
eacn torti there was some conversation rs
to whether more troops sh luld be BROUGHT |
here, ard made some recommendation
aecorulngIyi someth1ng was said about
the organization OF a m military force in
Maryland; 1 said L did not see the object
OF Ir was sent~for BY the President
cetved note from Col. Moore; this note I
read before the Ree9nstrnction Commit
day, and found him alone; can't under
take TO state the conversation ex-
reoSiecteS ne seSshs SSr SersatiSs aie e Bsd w,b
him when took command OF the Depart !
ment. told him F-did. He asked what
cnange had taken place. told him 20
material change, and went on TO state
changes. The President stated he did not
refer 10 previous changes, but some made /
recent changes had been made, and told
him thai undera law Of Congress all or
aers had now to be Issued through General
Grant, The President asked me what or /
der II was: l replied Order No. II Of the Sc
ries OF 1857. Az this time gentleman /
came lng and WithdreW TO the other
room. Meantime a messenger had given
me p copy Of the order. Whom the gentle. 1
President, who read il and rema ked this
Is not In conformity with the Constitution
OF the United states, which makes me
Commander-in-Chief. or with the lan-
guage Of your commission.
replied" That is the order you have
approved for the guidance OF the army"
he said-'sAm / to Understand that /
General OF the army"
I replied that such was. my opinion.s I |
told him there was considerable discus |
sioR as to ihe meaning of the order, and !
had consulted lawyers, and was advised 4
that should obey Che order The lawy eri
consulted ts Robert j. Walker. I under
stood that other ofdcers had Consulted |
with Reyerdy John on. supposed john
son was of the same opinion.
The President said the object of the law
hr
ended. II did not see General Thomas that
mornt tng, so far as / can collect.
Butler here handed witness a copy Of the |
OUfdet ~ @ referred 70 6y witness, and asked II
II was the same. Witness sal not exactly.
Batler said tnts order was 40. IS, not Il, /
as stated by witness.
Witness said his copy was mum bered l.. /
some delay, therefore. occurred in com
pairing the two copies, which were deem ed 4
Witness continued his testimony, sta
uns. am sun In command of the De-
Cross-examined by Staubery--W When or
aer NO. IL was sent to officers Of the arm s.
mere IN Wtls discussion among them with q
view 20 ASceftai the obligations OF Officers 7
under this Act. received no in
strucLioEs from the War Department to
the effect Of the order. Mr.. Walker ad-
ViSed me to obey onfv orders coroinr
through General Grant The question OF
whether cOuStitut iOnal or not did not come I
up We concluded we would have To obey /
II until decl. red uncOnstituttonai bv the /
courts. When / said to the President he /
had approved the order, I meant ne had /
approved the Act, which was ali the order
CO Rtained.
Witness here. produced and read Gen.
Emery's commission.
Thad. Stevens tsok the document after
ward and looked carefully over il.
The order under which Gen. Thomas ae-
sumed his position AS Adjutant General of I
letter OF Gen. Grant was offered. reduesf-
inc tho President tO put In yvrirf,,.T ~
veroal order he gave the General TO disre-
gard any orders from the War Depart
AAA1tA~ eNHNuA6A 70 pc to7Neu ~ tAtc A-Eesl- &
dent.
The next document produced was a let (
ter nom the President, dated February 10, Z
1868, addressed 10 Gen. Grant. in reply 20
the latte 5 note asking for a written copy
OF his instructions.
Stanbery said ~ appeared this was let
Ter purporttng to be pOrtiOa 81 the cor
4 spondence between Gen. Graut and the
Pres den g. He would ask the honorable
Managers II they intended to produce the
Wn0le OF the correspondence.
WllsO 4 replied thatthe letter produced E
was all thew cared TO ofFtar