Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-03
IMPEACHMENT.
The Testimony OF Gen. Emory, ON
which - Pounded the Tenth Article
of UsuFRaehu0ar.a

which is Founded the TeutIi Article
of ImPeaehTOenG.
WASHINGTON, Feb. 29.-The following
is in Gen. Emory's testimony relative to
the President: On the 22d of February the
President asked ME if ! recollected the
conversation had with him, When i first
took command Of the department, in re
ference TO the strength of the garrison Of
Washington and the general disposition of
troops in this department; TO which | re-
piled did not recollect it distinctly, He
asked me il there had been any changes.
/ replied there had been no material
changes, but as TO what had been | could
state at once.
went-on 10 state that six companies of
the 28ih infantry had been brought aere
to winter, bui that had been Offset by de-
taching four companies of the 18th in
fantry 70 Charleston on the requisition Of
General Cauby; that two companies Of the
l4th artillery, which had been detached
during Gen. Canby's command Of the de-
partment, one Of them sent 10 the Northern
frontier to assist in putting down Fenian
diEcuities, had been returned to their regi-
ment, stationed at Fort McHenry, Balti-
AADAE AlAA AthAkAA TIC EDAllAldliu udu bCNh
increased in the number Of companies, |
was under the impression that the reduc'
tion in the numerical strength Of the COM
mand, growing out of the number which
reduced the infantry and artillery compa-
nies from the maximum of the war es-
tablishment TO the minimum Of the peace
establishment, would more than offset the
additional companies.
The President said, refer 10 more re-
cent changes.
said ! did not know exactly what was
meant by recent charges; that they had not
been made 10 my knowledge; that if he
would give me some idea Of who made the
report to him, or what the report was
which he had received, l could perhaps
give him q more definite answer.
He said reports had reached him within
the last day or two that certain new ar
rangements of troops had been made.
/ assured him none had been made with
my knowledge, and did not believe any had
been made without il, and that under the
recent orders founded upon the laws of
Congress for the government ofthe armies
of the United States, approved by him, no
order could come to me except through
General Grant and that reasoning from
that stand point, it was assumed in the ar
my that no order could be given to
any one under my command without
coming through me that if by any posi-
bilily an order had been given without
coming through me, it was the duty of the
officer receiving it to notify me.
He then asked me what order do you re-
fer to. / stated | referred to order No. 10
OF II; could not recollect which, that had
been published in May last
He said, 'T wish to see the order" /
replied that would send for it.
He said, "No / have all the orders
about the house" and a messenger was
sent for it. At that time Col. Cooper came
in and occupied the Presidents attention
for some time upon another subject as l
supposed, for withdrew to another room.
While there a messenger came and
brought the order After Col. Cooper had
gone out returned to the President with
this order in my hand and said, "Mr.
President | will take it as a great favor if
YOU will permit me TO call your attention
to this order or act. 1t passed in an APP
preparation bill, and it is possible you may
never have seen it," He took the order
and read IL, and observed, This is rot in
accordance with the constitution Of the
United States, which makes me Com
mander n-Chief of the army and navy, or
with the language ofthe commission which
Won hold"
stated 10 him il was not a matter for
officers TO determine, it was sn order to be
approved by him, and We were all governed
by that order.
Question: Do You mean that the order
or the act was approved by the President
Answer mean the act but as far as that
was concerned the order and act approved
by him are the same thing, for the order
contained nothing but the act.
He said: Am i to understand that the
President of the United States cannot give
an order through the General-in-Chief or
Gen. Grant.
/ replied, Mr.. President, that the order
you approved, and which has been issued
for the government of the army, and
| think il due TO vou TO say, when this order
first came ont il was very much discussed
in the army, and some leading lawyers il
the country were consulted az TO what was
the duty of an officer under that law anC
order; and / observed one was consulted
and l consider him perhaps one of tht
! greatest constitutional lawyers in the coun
try, who gave it as his very decided opin
ion that we were bound by il, and thinh
il right TO Iell you that on this subject the
! army is a unit.
He asked who the lawyer was. told
| him the one consulted was a kinsman o
mine, Robert j. Walker, and / had under
stood, did not know of my own snowl
edge, Others had consulted Reyerdy John
son, who il WAS reported, held the SAINT
opinion.
The President replied that the object o
the law is very evident After = shor
pause, seeing there was nothing more Il
say, thanked him for the courtesy viii
which he had permitted me TO express my
opinion, and left the house.
Question--Didth the President 10 any form
inquire whether YOU would obey an orde
if sent to you, without going through tn
headquarters of the General.
| answer that, as near as | can recollecl
there was not word said that | have no
put down, though / could not of cours
swear thst / had put down every wor
uttered. You may see by my testimon
that introduced the subject Of order No
Il, which involves this question. Ther
were various rumors running about tow
that General Thowas had given orders, o
had declared he was going to give orders
and | thought it my duty to state In
position fairly and squarely to the Presl
dent