The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-04-23
Congressional
Washington. /

The Speaker gave notice that
there was no business to be transac-
ted on the return of the House.
SENATE.-Sumner offered an or
der to admit all evidence which may
be offered.
On motion of Conness the motion
was tabled % to IL.
Stanberry not present, but Evarts
said they would proceed as far as pos
sible without him.
Walter s. Cox of Georgetown was
called by the defense, and asked when
his connection with the case of STAN
ton vs. Thomas commenced, and when
and by whom, under what circum-
stances he was employed.
Butler objected, but the Chief JUS
tice ruled that he might answer the
first part Of the question.
Witness said he was sent for on
the 22d Of February, and went to the
White House at five o'clock. He
was proceeding to state what the
President said to him, when Butler
again objected and demanded that
the Counsel put in writing what they
expect to prove.
The Chief Justice ruled the evi-
dence to show that the President
employed lawyers to obtain the de-
cision as to the constitutionality of
the Tenure OF Office act, was admissa-
BILE, in support of the denial of the
first articles in accordance with the
former vote of the Senate, and with
the principles of right.
The yeas and nays were called for
which resulted 20 to 21.
Witness resumed.-The President
told the witness he desired to hsve
the proceedings instituted, to test the
act Of the constitutionality, and wish
ed him to consult with Stanberry,
who had been too busy to look into
the matter. He left Gen Thomas
with the President and concluded it
would be best to apply for a habeas
corpus, after General Thomas should
be committed by the Criminal Court,
which course Mr.. Stanberry approx
ed.
The question was asked and objec-
ted to, what did you do toward get
ting out the writ Of Habeas corpus,
by direction OF the President"
Admitted q to 90.
Al tried to have him commit
ted to prison. Stanton's counsel ap-
piled for . postponement.
Chief Justice Carter said he should
not be held in custody.
Witness moved his discharge, ex-
pecting to force his committal, but
the motion was not granted. The
Senate refused to allow q statement
ment to be made of conversations
with the President, on the Same even
ing. The Counsel then asked after
reporting this to the President, "did
you do any other act in pursuance of
previous instructions from the Presi
dent as to the constitutionality of
the Tonure of Office act, if so, what
were they" Objections.
The Chief Justice overruled and
the Senate sustained his ruling % to
%.
Witness resumed.-The next day l
applied to the President for informa-
tion of q quo warrant, to which he
declined to give, without authority Of
the Attorney General.
Senate took recess of fifteen min
utes.
On re-assembling Cox was cross
examined by Butler.
He considered himself as counsel
for the president; butappeared before
Judge Carter as counsel for Thomas,
and did not tell the court or opposing
counsel in court that it was his pur.
pose to get the case in train to test
the constitutionality of the tenure of
office law, and supposes they divineo
his object.
Mr. Bradley, senior, testified he
was advisory counsel for General
Thomas. The papers which he pre-
pared to obtain quo warrant were
returned to him a few days ago by
Mr. Stanberry, with a verbal message
for him and Merrick to use them at
their discretion. He has never re-
ceived authority from the Attorney
General or president to use them, as
Gen Thomas was discharged from
custody.
On motion ofthe presidents coun-
sci, Merrick was employed by Gen
Thomas, on the morning Of the ed
of February. After the action of
Judge Carter in the Chambers, the
witness went to see president about
noon and told him what had occur
red in the case. General Thomas and
Mr. Stsnberry being present, and the
attorney general in presence Of the
president told the president to see if
he could carry the case up the Su,
preme Court on q writ of habeas
corpus, and . few hours afterwards
wrote the attorney general note on
the subject. On Monday he CON-
municated the result Of. .his.iEvestiga-
tions to the presidents counsel, Mr.
Cox, and they agreed to work to-
gether, in order to accomplish the
purpose suggested, by the attorney
general; on Tuesday night had an
interview with the attorney general
relating to the conducting Of the
case next day.
Objected to.
Butler interrupted him to say that
he wished to clear his skirts OF all
this matter as going in against the
objection of the managers, and un-
dor the ruling of the Chief Justice,
Whereupon Mr. Chase rose and said it
goes in BY the decision of the Senate
Of the United States.
The witness resumed his narration
and at the close, was cross s-examined
BY Butler.
He testified that Thomas was not
at the White House, when he arri-
rived, and did not know whether he
was at the War Department or not.
E. 0. Perrin Of Long Island was
called: Have known the President
about IA years was in this city du-
ring the month Of February in COM
pany with Mr.. Seley, q N. c.,
had an interview with the Pres.
ident February 21st about 2 o'clock
p. m. took Mr. Seley to introduce
him; neither he or Ssley had any
knowledge of the removal of fStanton.
The Counsel then offered to prove
that fha persidant ;pfnrr,ad thoc,