Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-01
CONGRESSIONAL.

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morning papers:
After few petitions were presented
the chair was taken by the Chief Justice
and the impeachment managers an
members of the House took their places
The Presidents counsel also entereI
and took their seats. The galleries wer
only half full.
Mr.. Wilson offered some documentar,
evidence, including the Senate resolu
ton ofJanuary l3, and an extract from
the Senate's journal, showing its actor
thereon; also n copy of Stanton's com
mission from Mr.. Lincoln, under which
only, Wilson said, Stanton claimed tt
hold.
Mr.. w. ]. Mcdonald was called, and
attested to the notification OF the Presi
dent, of the action of Congress, and also
attested to the service of the resolutions
OF q non-concurrence in the removal oil
Stanton by the President.
j. w. Jones, Deputy Marshal OF the
Supreme Court, sworn, testified that he
had known General Lorenzo Thomas for
six years, and had served upon himsthe
summons of the District Supreme Court
on the 2lst Of February, about ii o'clock
at night, and had made return (which
was read). The resolution Of the Senate
that the President had no power to re-
move Stanton was then read. Z. 4.
Curry, an appointment clerk in the
Treasury Department, was sworn, and
testified to the form of appointment used
in the Department prior to March, 1867.
Some of the Senators here complained
of not hearing, aud Butler offered to re-
peat what he Curry had said, but Mr..
Evarts said that he preferred to hear the
witnesses himself. Mr.. Stanbery inquired
what was the object of the testimony.
Mr.. Butler replied that it was to show
that after the passage of the Tenure OF
Office act the President had signed diff
ferent form of commission, made in ac-
cordance with said act, thereby recog-
nizing its binding force and legality:
The witness testified to the changes
indicated, which were read by Secretary
Forney. The words stricken out we're:
During the pleasure of the President
for the time being" The form of COM
mission for Treasury appointments was
also produced, and the witness testified
to striking out the same words above
quoted, aud the substitution in their
place of the words sunless the commits
sion be sooner revoked by the President
of the United States for the time being"
He testified that General Thomas, after
exchanging salutations. said to Mr..
Stanton, 81 am Secretary of War, Gd
interim, appointed and authorised by
the President to take possession of this
Office" and Mr.. Stanton ordered him to
repair to his room and perform his du-
ties as Assistant Adjutsnt General,
which he refused to do, saying that he
intended to exercise the functions of
Secretary of War, and would receive the
mails of the Department. Mr.. Stanton
told him that he would do 90 at his peril
and General Thomas left the room, and
witness last saw him in the room of Gen.
Schwerer On a cross-examination, by
Mr.. Stanbery, the witness said that
he went there to pay visit to Stanton,
and not on public business. He
was accompanied BY Messrs. Morehead
and Clark. He did not know what their
business was; did not state what they
went for. He was not in the habit of
taking memoranda Of conversations, but
was prepared by having large envelope
in his pocket No one requested him to
do so. 1t was about minute after
Thomas left the room that Stanton fol-
lowed him, Before he reached the room
he heard conversation going on be-
tween Stanton and Thomas did not un-
derstand what was said did not know
where the envelope was on which he
took the memorandum 1t was probably
destroyed. He said he went with Stanton
to Schwerer's room, and was requested by
Stanton to take notice.
The commission issued to Mr.. Cooper,
Assistant Secretary Of the Treasury,
November %, 1867, was produced.
Mr.. Butler, continuing to examine,
asked if the Senate was thea in session 2
The witness said he thought not, and
in answer to the question, said Mr..
Cooper did not qualify under that com
mission" and another commission was
then read.
Mr.. Butler then called for the reading
of the letter of authority given to Mr..
Cooper By the President, on December
2, 1867.
The witness testified that Mr.. Chandler
resigned, as he thought, the day before
this letter was issued. On being cross
examined by Mr.. Curtis, he stated that
the date when the change in the form of
Commissioners was made was the 9th of
March, 1867.
Mr.. Van Horne, a member OF the
House, stated that he was present at the
War Department on Saturday, the kld OF
February, 1868, at two minutes past
eleven o'clock am, when General Lo-
renzo Thomas demanded of Mr. Stanton
possession of the Office of Secretary of
War. Of the question he was about to
ask Thomas, which was whether he in
tended to-obey his order as Secretary of
War, Thomas replied that be did not,
and also said thai he intended TO receive
the mails, and afterwards acknowledged
to witness that he had said so. Had
been at the War Department half an
hour before Thomas came. He was not
attended, nor was he armed 80 far as wit
ness could see. Thought there had been
some talking between Thomas and stan
ton in Schwerer's room before he en-.
tered. Thought it was of a good natured
character, and that there had been some
Joking between them.
Walter A. Burleigh, delegate from
Dakota, was then examined.
Mr.. Stanbery wanted TO know the
object Of this examination; whether il
was as 10 q conversation between the
witness and Stanton.
Mr. Batter replied that It was to show
that the intent and paEposs Of Thomas
was to take possession Of the War De-
partnent By force.
Mr.. Stanbery objected TO the testi-
mony, and the objection vas sustained
By the Chief Justice.
Mr.. Drake said the question should be
- =. -. g.. - 1919