The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-03

!SSsIl iScG vsc tnat next morning / went
WI Wlta IanneE to the War Department Ia
4 T s.S,s cstu1l IN regard to my testimony
saw stanton In regard to nothing mar.
Ilc3lar. Was introduced by Tanner.
ana reference was made to Genersi
9nomaS. Received no memorandnns
from stanton, and received no instruc-
lons. Something was said reparlinp
my testimony.
Thos. NJ. Terry, NJ. c., from MicbY.
gan, called and testified-On MOn6eV
feoruary I'd, when General ThomSs
came 10 the War Office was present.
Pal9 attention to what occurred. and
naGe memorandum; have that memo
tandum now. WITNESS here read from
hls memorandum an account of what
was said In the interview referred ~.
| Il was pretty much the same as tasti-
ned to by other Witnessed Stanton
asked Thomas If he intended to IIse
Iorce, and replied to by Thomas that he
IS4nomas) did not care to use force. but
nao made up his mind as to what be
The witness was briefly cross.exam.
1ned by Mr.. Stanberry, and dismissed
Gen. Emory Commander of the Post
| OF Washington testified-I had a con-
VersAtton with the President in regard
10 the movement of troops in the De-
partment Of Washington; the conyersa-
uon occurred long ago; 1 can only give
L
strength of each fort; there was some
conversation as to whether more trUons
should be brought here, and 1 made
some Recommendation accordingly:
something was said about the orEani.
zatton of a military force in MARYLAND.
sald did not see the object OF il;
was sent for by the President, and
again, about the 22d of February, re-
| cetVed note from Col. Moore; this note
| read before the Reconstruction Conn
mtttee; called on the President about
midday, and found him alone; can't
undertake to state the conversation
exactly; President asked me IL 1 recOl.
lected the conversation had with him
| when took command of the Depart
ment; 1 told him did; he asked me
what changes had taken place, and /
told him no material changes, and
went to state the changes; the President
stated that he did not refer TO those
changes but some made within a daY
or two; assured him that no recent
changes had been made; told him that
under a law of Congress, all or.
ders had now to be issued through
Gen. Grant. The President asked me
what order 1t was In. 1 replied, order
| No. II, of series of 1867. At this time a
| gentleman came in, and withdrew to
gentleman retired, 1 showed the order
to the President, who read it, and re-
marked, this is not in conformity with
| the Constitution of the United States,
| which makes me Commander.in-Ch Chief,
or with the language of your commits
sion. I replied, that is the order you
have approved for the guidance of the
army. He said, am 1 to understand
1 canot give an order except through
the General of the army2 I replied,
such was my opinion; told him there
was considerable discussion as to the
meaning of the order, and had con-
suited lawyers, and was advised;
should obey the order; the lawyer ]
consulted is Robert j. Walker; un-
| derstRnd other officers had consulted
with Reverdy johnson; I supposed
johnson was ofthe same opinion as the
President; said the law was evident:
and there the conservation ended; did
not see Gen. Thomas that morning, SC
far as 1 can recollect.
| Mr.. Butler here handed witness 6
copy of the order referred to by wit,
ness, and asked If it was the same
Witness said, not exactly. Said Bus
Ter said this was No. Is, not No. II, as
stated by witness. The latter said his
copy was numbered II.
| Some delay, therefore, occurred In
comparing the two copies which were
denied to be the same.
| Witness continued his testimony
stating, "I am still in command of the
Department"
CToSS-eramined-By Mr.. Stanbery
When order No. II was sent to the OH
| GERS of the army there was a discussion
among them, with view to ascertain
the obligations of officers under thil
act; 1reCeived noinstructions from thu
War Department to the effect of the or
| der; Mr.. Walker advised me to obey
only orders coming through Genera
| Grant; the question of whether they
1 H..
up; we concluded we would have K
obey until declared unconstitutiona
by the courts; when said to the Pres.
ident he had approved the order,
meant he had approved the act, which
was all the order contained.
Witness here produced and reaC
Gen. Emory's commission.
Mr.. Stevens took the document after
wards, and looked carefully over it
The order under which General
| Thomas resumed his position Al
Adjutant General of the army was
| produced, and the original letter o
Gen. Grant was offered, requesting the
President to put in writing the verbal
order he gave to the General to disre
gard any orders from the War Depart
ment, assumed to be issued by the
] President.
The next document produced was {
letter from the President, dated Zebra
ary 10, 1868, addressed to Gen. Grant
in reply to the letter or note for 8
written copy of his instructions.
Mr.. Stanberry said it appeared thai
this was letter purporting to be 6
portion of the correspondence between
Gen. Grant and the President, and he
would ask the Honorable Managers II
| they intended to produce the whole o
the correspondence.
Mr.. Wilson replied that the lettel
produced was allthey cared to offer.
Mr.. StanberrY asked the object ot
producing this letter.
| Mr.. Wilson replied, the letter went
| to prove the Presidents intention to
| prevent Secretary Stanton from enter
ing upon the discharge of his duties.
The letter was read by the Secretary
Mr.. Wilson was about to offer an
other document when the Chief Justice
/ instructed the Sergeant-at-Arms tC
/ bring in the absent Senators.
Mr.. Stanbery asked the Managers Ia
read tie documents referred to and the
| Presidents letter.
Mr.. Wilson said there were no docu.
ments referred to, and he offered moth
/ ing more than the letter.
The letter was handed to Mr.. Stan
berry, who proceeded to examine and
read that portion referring to Letters
| ADDRESSED 70 the President by the i've
Secretaries. he asked that the letters
be produced.
MIR. Bingham said they were under
no obligations to produce these letters,
There was no rule of evidence which
compelled them to introduce the mat
ter referred 10.
i The Chief Justice said-The counsel
for the President will please reduce
their objections to writing.