Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-23


ms duty; II AT he submitted his action on the
l2th DAY OF December to the Senate, in the mat
'er OF tre removal of Secretary Stanton. And
ne further answers that whereas under the
actiSn Of me senate IN refusing to sustain his
suspep sion, he WAS obliged to take such steps
as would raise the question of his right to
remain in office, and brief 1t before the courts
fdr adjudication In accordance with the pro-
visions Of the Constitution. And therefore,
on theTd of February he did proceed to remove
him, and in so doing he denies that ne intended
law or that it was a violation, He denies that
he intended or did violate the Constitution,
and that he ected soley in accordance with his
views Of has official duty, and prayed that the
into consideration. syr- .....
Mr.. Stsnbery then proceeded to read the re-
ply to tie second article, Respondent admits
that the order of 21st of February was issued
but denied that IT was a violation of the law
He further answers that there was vacancy
in the office of Secretary Of War, and that he
had the right to appoint Gen. Thomas under
In answer to third article he abfties by his
answers to first and second so far as the alIe-
cations con tanned in them are pertinent thereto
He denies that his order to Thomas amounted
10 an order in the legal and CONSTITUTIONS al
meaning of that word
In answer to fourth article. he denies that he
did unlawfully consp,re with Thomas or others
to prevent or hinder Stanton from holding
office as Secretary Of War, or that he was
guilty of high crime or msdemeanor. He
denies that Stanton was Secretary of War at
that time, and that he dad not advise Thomas
or any other person or persons to uAe any CO.
ercion to obtain possession of the Department
OF War; that no force was used by Thomas in
obedience TO the Pres sident. and was no agree
ment between him and Thomas to use any
force whatever. The allegations of said ar.
tlcle that there was an intent to use force is
wholly unsustained.
1nasmuch as to 9th article respondent denies
that he entered at any time with any person or
persons into conspiracy to defeat the opera
ton Of the Tenure-of Office Law, and hat there
Is no statement of the steps taken i'm pursuance
of such alleged design.
In answer to 9TH article he denies that ne at
property Of the War Department.; that he did
not commit a crime and msdemeanor, and re-
refers to other articles to show his intent.
In answer to eighth article he denies that he
made an attempt to take possession of money
ard records of the War Department.: that he
acted In a constitutional manner.
In answer to ninth article Mr. Stanbery read
Presidents note to General Emory, and stated
that the President merely wished to consult
with Emory on some matters pertaining to the
administration of his department. General
Emory called his (the PresIdent's) attention to
the law directing that orders to the army shall
be sent through General Grant, to which the
President replied that he considered ii in
conflict with the Constitution. The article,
President and Gen. Emory, denied the allega-
tion that the respondent had attempted TO in
terfere with or influence Gen. Emory in un-
constitutional manner. and that his opinion
there expressed was what he honestly and
sincerely believed.
Mr.. Eyarts then proceeded to read the an
swer TO the tenth article. The article gave the
history OF the committee, and stated that, in
reply 10 the address of the committee. he made
certain remarks. He denied that he was cor
recily reported on that occasion. and that the
remarks attributed to him are not his precise
words. He also denied that the speech
attI Iibuted TO him at Cleveland was
correct, and that contained in the
articles OF Impeachment, give true repre-
sentatlon OF his meaning. Respondent also
denies the accuracy of the ST. Louis speech.
and begs that if admitted ii shall be ali con-
siderec, and no part ofitexpuDged. Respondent
further alleged that he had communicated his
views to Congress relative to the non repre-
sentation OF certain States, and that such state
ments We're made in accordance with his
rights as an American citizen, and as Pres
ident Of the United States. Furthermore, the
views and opinions expressed by him in these
speeches are the same as he had expressed to
Congress, and should be so considered In
fuather answer to the tenth article, in consider.
alton OF his duties TO the people, he hath and
hns the right o{, on occasion, expires sing opin-
lSns to the people relative to the duty and
charcter OF Congress, the views, mo-
tiyrs, and aims Of public men; and that
abrldging the liberty Of speech and the liber-
ties OF the people, he cannot but hold that rule
was and is his clear right and duty. Therefore
he insists that he but exerci sed the right of anv
citizen in thus addressing his fellow. citizens
and therefore is not subject to Impeachment, or
other action at law.
In answer to the eleventh article, respondent
denies that he declared or affirmed that the
lhlrty ninth Congress was legal Congress, or
that he made any allegation contained in said ar.
ucle. In the address then made he said nothing
OF the competency of said Congress to pass any
laws while southern States were unrepresented
he denied that he had attempted to defeat the
operatihn OF the act providing for the more
EFF cent government OF the rebel States, or the
for fha. "A
navy, and he refers to other articles to show
his intent. Further answering, the matters
contained In the 1ith article do not name, dsig-
nate, or define any attempt design, or defice to
render him guilty of the high crimes and mis-
demeanors alleged against him.
Upon the conclusion of the reading of the an.
swer, at D. m. the question was put to the
Senate by the Chief Justice upon its reception,
and 1t was carried.
The impeachment Witnesses.
The form Of summons issued 10 witnesses at
the instance of the Impeachment Managers is
in part as follows:
"You, -, are commanded to appear in
the Senate Chamber on the 2ld day of March,
1863, then and there to testify your knowledge
in the cause which is now before the Senate in
which the House of Representatives have i'm
Peaehsd Andrew johnson, President of the
Witness, SALMON p. CHASE, Chief Justice Of
the United States and President of the said
senate on the trial OF the said impeachment"
The summonses were prepared Saturday,
about twenty-fOur in number, and each is
signed by Major w. ]. Mcdonald, Chief Clerk
for Colonel Forney, the Secretary, who was
absent from the city. Deputies of the Sergeant.
alarms OF the Senate We're engaged Saturday
night ia serving them Most, if not all, of these
witnesses have been examined by the Impeach.
ment Managers. including Brevet Ma jor Gen
eral Emory, Adjutant General Thomas, Col.
onel Wallace, Samuel Wllkeson, Hon. Burt
Van Horn, and ex-Postmaster General Horatio
King. At least seven of them are reporters.
Palt Of them have already testified before the
Managers as TO the Presidents speech in Wash.
ineton on the 18Th of August, 1866, in response
10 the address and resolutions OF the Philadel.
phla Conservative National Convention, while
others testified to the language used in his sub.
sequent speeches at Cleveland and St Louis
alluded to IN the articles of impeachment
MIR. Wilkeson's testimony before the Man
ayers detailed the conversation with Adm.
tant General Thomas, and that of Mr.. Van
Horn the colloquy between General Thomas
and Mr.. Stanton, when the former in the
presence Of witness and other members of
Congress, came to the War Department and
claiming TO act under the orders of the Presi.
dent, demanded the surrender of the Office
General Thomas on that occasion was ordered
by Secretary Stanton to 20 to his own ROOM
which he did. The testimony of Gen Emory
and Col. Wallace, relating their separate con.
versations with the President oncerning mill
tary affairs, has been published, that of Gen.
Emory laying the foundation Of one of the ar.
ticles. Another of the witnesses testified that
he delivered at the Presidents House a COPY of
h<aA Zr.nAx N..As-