The Portland daily press., 1868-04-17
XLth CONGRESS Second Session.
The Impeachment Trial.
THIRTEENTH DAY.

THIRTEENTH DAY
WASHINGTON, April l6.-After the reading
OF the journal Mr.. Sumner offered an order to
admit and receive all the evidence which may
be offered. .3l7qA % -
On motion of Mr.. CONFESS the order was
laid on the table, 32 to IL. ii va u
Mr.. Stanbery was not present but Mr.. Evarts
said they would proceed as far as possible with
out him. & Il
Waiter S. Cox, lawyer, of Georgetown, was
called by the defence and asked when his con-
nection with the case of Stanton VS.. Thomas
commenced; when, by whom and under what
circumstances he was employed. -
Mr.. Butler objected, but the Chief Justice
ruled he might answer the first part of the
question. Ea ~
Witness said he was sent for February 9th
and went to the White House at five o'clock
He was proceeding to state what the President
said to him when Mr.. Butler again objected and
demanded that the counsel put in writing what
they expect to prove. t1st-ssf@ ssesE
The counsel proposed to prove that the Presi
dent employed Cox to procure judicial de-
cision by filing qso sca,yu,lto. t9 fllsI
Mr.. Butler argued that the President did not
appear in record of the case and the writs should
have been filed by the Attorney General.
MIR. Evarts rejoined that the President had
made the case his own. He could not appear
in it, and the Attorney General approved the
employment of Cox. tEF4 8 fsM
Mr. Butler argued at length that the doc
trine was an estoppel. q s1t ST. aas
Mr.. Curtis said that the remarks of Butler
required no reply, and in answer to Mr.. Ferry
stated that the counsel did not propose to dis
prove the record but would show that a mo-
ton to discharge Gen. Thomas was made only
when his lawyer saw no hope of procuring
Judicial decision on the constitutionality of
the act. lHG tf TAf Of N
The argument was continued by Messrs.
q Wilson and Evarts as to the adlnissibility of
evidence concerning the intent of the Presi-
dent. tA1 4sif &ey
lhe Chief Justice ruled that evidence to show
that the President employed lawyers to obtain
a decision on the constitutionahty Of the ten
ure OF office act was admissible in support of
denial OF the first articles in accordance with
former votes of the Senate, and with the prin-
ciples of law and right. 44isEsiss
The yeas and nays were called, which result
ed 90 to 81. ,, 5sme S.e
The evidence was therefore admitted. aa 4
The President told the witness that he desir-
ed to have proceedings instituted to test the act
constitutionally and wished him to consult
with Stanbery who had been too busy to look
into the matter. He left Gen. Thomas with
the President and concluded that it would be
best to apply for habeus corpus after Thorn
as should be committed by the criminal court
which course Stanbery approved.
Question asked and objected to-"What did
you do towards getting out the habeas corpus
by direction of the President?" admitted, ~
to %. Answer-"Tried to have Thomas COM
mtted TO prison. Mr.. Stantons counsel APP
piled for postponement. Chief Justice Car
ter said he should not be held in custody
Witness moved his discharge expecting to
force his committal, but the motion was not
g anted." "
The Senate refused to allow statement to
be made of the conversation with the Presi-
dent the same evening, and the counsel then
asked: AFTER reporting to the President did
you do any other act in pursuance of his pre-
vious instructions to test the constitutionality
OF the tenure of office act; and if so, what were
they?" =
Objection was made, which the Chief JUS
ice overruled, and the Senate sustained his
ruling 27 to %.
Witness resumed-"The next day applied
to the District Attorney to sign Information
IN the nature OF quo warranto, which he de-
clined to do without the authority of the At |
torney General. Visited Stanton and gave |
him his opinion. Not allowed to be stated,
and nothing was done in the matter" |
The Senate took recess for fifteen minutes |
On re-assembling at two-fifty, Mr.. Cox was |
cross-examined by Mr.. Butler. ~
He considered himself as counsel for the |
President, but appeared before Judge Carter
tell the court or opposing counsel in Court
that his purpose was to get the case in train to
test the constitutionality of the tenure of office
law, and supposed that they devined the OBJ
ject sFA /
Mr. Bradley, senior, testified he was advisory
counsel for General Thomas. The papers
which he prepared to obtain a quo warranto
were returned to him few days ago by Mr..
Stanbery with a verbal message for himself
and Mr.. Merrick to use them at their discre-
ton. He has never received direct authority
from the Attorney General or the President
to use them. Mr.. Thomas was discharged
from custody on motion of the Presidents
counsel. r. L. Merrick, lawyer of Washing
ton, was employed by General Thomas on the
morning of the 22d of February, after
the action of Judge Carter in chambers. Went
to see tue President about noon, and told him
what had occurred in the case-GeLeral Tho
mas and Mr.. Stanbery being present The
The Atty General in presence Of the President
told witness to see ifhe could carry up the case
to the Supreme Court on writ of habeas cor
pus, and few hours afterwards wrote the At
torney General on the subject; on Monday he
communicated the result of the investigation
10 the Presidents counsel, Mr.. Coxl and they
agreed to work together in order to accomplish
the purpose suggested by the Attorney Gene
raj; Tuesday night had an interview with the
Attorney General in relation to the conduct
ing of the case the next day. HI q
Question objected to, what did you and
Cox do in order to accomplish the object re-
ferred TOP" llra l'DF
Ruled admissible by the Chief Justice, and
no appeal asked Tor.
Ans.-"All that we did in court on Wednes-
day morning" Witness commenced in detail
TO recount the circumstances already briefly
narrated by Cox. 1-HH
Mr. Butler interrupted him by saying he
wished to clear his skirts. All this matter was
going on against objection of the managers
and under the ruling of the Chief Justice
wbereupon the Chief Justice rose and said, 1T
goes in by the decision of the Senate of the
United States. 5 . (
Witness resumed his minute narration, and
at its close on cross-examnation by Mr.. But
Ter, testified that Thomas was not at the White
House when he arrived; did not know Wheth-
er he was at the War Department or not.
e. o. Perrin, of Long Island, was then call
ed.-Has been personally acquainted with the
President about fifteen years; was in this city
during the month of February in company
with Mr.. Selye, member of Congress from
New York; had an interview with the Presi-
dent Feb. 21st about 2 P. NJ; took Mr.. Selye
to introduce him; neither he nor Mr., Selye had
any knowledge of the removal of Mr.. Stanton.
Counsel offered to prove that the President
Informed them that he had removed Mr.. STAN
ton, and would soon send in to the Senare a
good name for the position; that he didn't an
tieipate a reinstatement and regarded the ar
rangement as temporary.
Mr. Butler objected and an argument ensu-
ed on both sides. The question was ruled out
by The Senate
Mr.. Evarts had nothing more to ask in that
view and suggested an adjournment.
Mr. Butler opposed it in long speech after
which Senate adjourned.
HoUsE.-Ihe House. Immediately after
meeting, proceeded to the Senate Chamber, the
Speaker giving notice that business would be
transacted on their return.