Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-31
THE IMPEACHMENT TRIAL.

chair, and called the Court of Impeachment to
order.
The Sergeant-at- Arms made the usual proc
The Managers of Impeachment were an
nounced, and then the House of Representa-
tiyes.
The Presidents counsel entered and took
tn ir seats.
The Chief Justice then gave notice to the
Managers OF 1mpe eachment to submit their tPs-
timony, and requested the Senators to give
their attention.
MIR. Wilson, of the managers, then rose and
said he would now submit the resolution
passed by the Senate in executive session, in
response TO the message of the President noti-
M. Stanton, Secretary of War, as follows:
sin executive session, Senate of the United
States, January l3, 1s6o, Resolved That having
considered the evidence and reasons given by
the President for the removal from office of f.
NJ. Stanton, Secretary of War, the Senate do
not concur IN the said suspension. Also, the
order passed directing the Secretary of the Sen
ate TO notify the President, Mr.. Stanton, and
I. =. Grant, Secretary dd interim, of the pas
sage OF this resolution. Also the certificate Of
J. W. Forney, Secretary OF the Senate that the
foregoing resolutions are true copies taken
frsm the records. He would further submit
as evidence the resolution passed by the Senate
in executive session in February, I-6S, in refer
ence TO the attempted removal of Mr.. Stanton
and the appointment of General Thomas. Also
the letters of the President to Stanton and
Thomas apprlsng them of his action.
commission of Mr.. Stanton, and he would here
state that this was the only commission under
" Whlch Mr.. stanton claims TO have acted as Sec
retary of War.
Mr.. Butler then, on behalf of the Managers,
rose for the purpose of calling the witnesses
He desired first 10 call VIM. J. Nc Donald, prin.
cinal journal clerk of the Senate.
The Sergeant at Arms then called Wm'J
Mcdonald three times.
MIR. Butler here asked that the witnesses be
allowed to r. MAN ON the floor of the Senate.
lie oelleved the Sergeant-at-Arms had given
them room.
The Chief Justice said the witnesses could re-
main in their room until they We're called.
Mr.. j. Me- Donald was then sworn by the
Secretary of the Senate, Mr.. ]. w Forney
Mr.. Butler.-Look at that paper and read the
certificate signed by said name.
Witness testified that the paper was copy OF
the resolution of the Senate non -concurring in
the suspension OF Mr.. Stanton. left by him al
the Executive Mansion on the night of January
Is, 1865, at9 7. m The President was not pres
tnt.
The Chief Justice asked the counsel for the
defence If they had any questions to ask of the
witness.
Mr. Stanbery replied in the negative.
MIR. Butler requested the witness TO read an
other paper, (copy of the resolution passed by
the Senate in Feb. 81, le6S, in reference 10 the
removal OF Mr.. Stanton and appointment of
Ger. Thomas as Secretary al interim.l He de-
lIyered copy of this resolution INTO the hands
of the President of the United States at 10 n
III. on the night of Feb. 81, l56..
j. W. Jones was t1e next witness called. Is
keeper of the Scnare stationery Has known
Major General Lorenzo Thomas about six
years. Was employed by the Secretary OF the
- nate to serve notice of proceedings of Senate
in executive session on February 81, 1868, on
him served II that night. Found him al Ma
riner's hail. az a masquerade ball: ne was
masked: knew him by his shoulder straps:
as ked him 10 unmask which he did: handed
him the notice: the time was about II o'clock
The Chief Justice.-Speak louder, Mr. Jones.
Several Senators.-Louder, We can't hear a
word.
Mr.. Butler next called Charles E. Creecy.
Ii was some minutes before this witness ap-
peared.
Chrrles T.. Creecy, sworn.-Is appointment
clerk IN the Treasury Department. Produced
form of commission used in Treasury Depart
men. prior TO March, 1867, which he was pro-
cctdlng TO read.
Senator Johnson.-We cannot hear.
Senator Patterson, of Tenn.-We cannot hear
a word.
Senator Howard.-The witness must sneak
louder, and the counsel too.
Mr.. Butler said if it was not improper he
would repeat the words of the witness
MT ENarts-We would prefer the witness
should speak louder.
The Chief Justice.-Mr. Creecy, You must
elevate your voice.
Senator TrumbulI.-I think we could All
hear better if the witness would stand further
from The counsel.
The witness then stepped on the other side of
the Chief Justice.
Mr Butler then asked the witness to give the
two forms which Were used for permanent
commissions.
Mr.. Stanbery.-Will the honorable mem her
allow me to ask what is the object of this testi.
mony.
Mr.. Butler said the object was to show that.
prior 10 the tenure-o f-ofiice act of March. Is67
certain form OF commission was used. Since
that time another form, conforming to the ten.
ure-Ot-office act, has bee n used in the Treasury
Department., and they would show that the
President acted in conformity 10 the tenure. Of
-aI,.3
a law.
Mr.. Butler then continued the examination.
(To the witness. Twill you read in loud
voice the printed and written form Of commits.
sion used.
Senator Conness suggested that the reading
81 ould be done by the Clerk.
Tne Secretary of the Senate then read the
form of commission.
Mr.. Butler then asked the witness to state
the alteration which had been made In the
printe form.
The voice of the witness being inaudibe, the
two forms of commissions were read by the
Secretary. The alterations which had been
made were that the words During the pleasure
OF The President" were struck out, and the
words "Until a successor shall have been an.
pointed and duly qualified in their place
The wlt.sess stated no other form of commits
sion had bet used. Produced the official bond
prior to the passage Of the tenure .of.of act
No change had been made in that Also pro-
duced copy of commission for temporary ap-
pointments under the tenure Of Office act
Mr.. Stanbery asked to look at it,
The Secretary read the commission The
words struck out were "during the pleasure
OF the President" and inserted sunless this
comm ission is sooner revoked by the pleasure
OF the President of the United States for the
time being"
The examination Of the witness resumed.
The oficial opinion Of the Solicitor OF the Treas
ury was taken before these charges were made
Mr.. Butler rasked-Have you the official opln.
ion with you but afterwards withdrew the
call for the opinion.
Witness had knowledge that commissions of
this nature had been signed by the President of
the United States. The President had signed
both temporary and permanent commissions in
this new form.
Mr.. Butler.-What is this paper? (handing
IT to witness.)
: Witness.-It is the commiss sion issued to Mr.
Cooper as Assistant Secretary Of the Treasury
dated November ~, 1852. w. f. Chandler was
the Secretary at that time. Thinks the Senate
was not in session at that time Cooper did
not qualify under the first commission that was
issued to him. He qualified under the second
commission.
Mr. Butler-Is this the commission?
Witness.-Itis is.
Mr.. Butler-Read II.
Mr.. EvaTts-Is the other commission con.
sidered read
Mr.. Butler.-Yes.
Mr.. Evarts-How are we to know what are
the contents
Mr.. Butler handed the first commission to the
Secretary who read IT, and also the commission
under which Mr. Cooper qualified, which re.
cites that q vacancy having occurred in the
onice OF the Assistant Secretary of the Treasu-