Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-29
I'd Extra.
IMPEACHMENT!
IMPORTANT TESTIMONY.
THE PRESIDENT AND THE ARMY.
TESTIMONY OF GENERAL WM. H..
EMORY.
TESTIMONY OF COL. GEORGE w.
WALLACE.

q. What is your rank and command in the
ARMY A. am colonel of the fifth United
States cavalry, and breyet major general OF the
United States army MY command is the de-
parment of Washington.
q. How long have you been in the command
of this department! A. think since the first of
September, IS61
q. During the month of February, 1866, have
you had any conversation with the President
OF the United States IN relation to military af-
fairs or movements A: Only one.
Z. When was that! A. That was on Satur-
day, 22d February.
q. Was the interview at your request or his
A. 1t was at his request.
q. In what way was his request commune
Gated to you! A. 1 have the note in my pocket.
1t is a letter IRON Colonel William G. Moore,
of the army, marked personal"
q. Read the letter.
Witness reads as follows:
EXECUTIVE MANSION, WAsHINGToN, +,
c., Feb. ~, lS6S.-GENERAL: The President
directs me to say that he would be pleased TO
have you call on him early practicable.
Very respectfully and truly yours,
WM. G. MOORE, u. s. a.
q. Did You call in consequence OF that re-
quest A. / did.
q. State iully and literally, as far as you are
able, what occurred at the interview. A.
there Is nothing more difficult than to repeat
conversation.
e. State the substance Of IT, A. The Presi-
dc Mt asked me If / recollected a conversation /
had with him when / first took command of
this department. in reference TO the strength of
disposition OF the troops III this department.
To which / replied that i did recollect il dis
unctly. He asked me II there had been any
changes. / replied that there had been no ma
terial changes but, such as there had been,
could state al once. l then went on 10 state
that six companies of the twenty ainth infin-
try had been brought here 10 winter, but that
that had been offset by detaching four compa.
ne- OF the twelfth infantry to Charleston. on
the requisition of Gen. Can by: that two compa-
nies OF he fourth artillery, winch had been de
tached during Gen. Canby's command OF the
department, one OF them to tnr northern from
tier TO assist ia putting down the Fenlan diff
culties, had been returned TO their regiment
stationed AT Fort McHrnry, Baltimore that
though the command had been increased III
the numb, r of companies, | was under the i'm
preston that the reduction TN the numerical
strength OF the command. wing out of the
order which reduced infantry and artillery
companies from the maximum OF the war
tablis shment TO the minimum of the peace e. tab
lishm' mt, more than offset what was gained by
the additional companies. The President said,
Il refer TO more recent changes l said did
not know exactly whathe referred TO by recent
change: that none had b"en made 10 my knoWl-
edge; that II he would give me some idea
OF who had made III. report 10 him. or what
thu report was which hr had received, i
could perhaps give him more definite
sWer. He said reports had reached him that
within the last day or TWO certain orders and
new arrange ments of troops had been made. |
assured him that none had been made with nv
knowledge. ana that did not believe that any
under the recent orders. founded upon the laws
ot Congress, for the government of the arm,.s
OF the l nited States approved by him, order
could come to me except through Gen. Grant,
and that reasoning from analogy, II was "a
sumed in the army that no order could be given
TO any one under my command without coming
through me; that If, by any possibility, order
had been given. without coming through M.
it the duty of the officer receiving it, Immr-
dIately to notify me. He then asked me. .sWhat
order do you refer 10 p stated that referred
TO order No. Is or l., could not recollect which
that had been published TO the army some time
in May last. He SAID. :. wish 10 the order -
/ replied to him that would send for il. He
said, "No. j have all the Ordrrs about the
house. and messenger was sent for it, AT that
time Colonel Cooper came in, and occupied the
Presidents attention for time upon
another subject, as i supposed. for 1 with
drew 10 the Other end of the room. While
there, the messenger came and brought the
order. Alter Colonel Cooper had gone out,
returned TO the President. with this order an
| my hand, and said, MIR. President. will take
| II as great favor il you will permit me 10 call
your attention 10 this order or act. II pass Cd
IN an appropriation bill. and it is possible you
may never have seen At: lie took the order
and read II and observed: This Is no, in ac-
to:dance with the Constitution Of the United
States which makes me commander in chief
of the army and navy. or with the language of
the commissio which you hold" | stated to
him that was not a matter for officers to deter
| mime: there was the order sent to US, approved
| by him. and we We're all governed by that or
der.
q. DO you mean that the order or the act
Was approved by the President A. mean
| the act: but As far as that was concerned, the
order and the act approved by HIM, are the
same thing: for the order contained nothing
but the act. He said "Am TO understand that
the President of the United States cannot give
an order but through the general in chief or
G' neral Grant p / replied. 4" Mr.. President,
that is the order which you approved and
which has been issued for the government of
the amy, and think ii due TO you 10 say that
when this order first came out it was very
much discussed in the army, and some
OF the leading lawyers Of the country We're
consulted as to what the duty OF AN
officer was under that law and ORDER -
and L observed, lone of them whom |
consulted, and L csnsider him, perhaps. one of
the greatest constitutional lawyers in the coun-
Try gave IL as his very decided opinion, that
We were bound by ii. And think 1t right to
tell you that Oh this subject the army Is unit -
He asked me who the lawyers were l told
him the one consulted WAS a kinsfolk of mine
Robert J, Walker, and that i had under stood
though i did not know OF my own knowledge,
thar other> had consulted Mr. Reyerdy John
son, who II was reported, held the same opin-
ion. The President replied, .sthe object of the
law is very evident" After a short pause.
ing there was nothing more 10 say, thanked
him for the courtesy with which he had per-
mitied me TO express my own opinion, and left
the house.
whether you would obey an order if il was
sent 10 You without going through the head
quarters OF the generall A. As nearly as | can
recoll.c there was not a ord said that ha We
not put down. though / could, OF course. not
wear that l had put down every word ut
tered. You may see by my testimony thar /
my self introduced the subject of Order No L.
which in wolves this question. There wer. a
variety OF rumors running about town that
General Thomas had given orders, or that he
had declared that he was going to give or i-rs
and thought il my duty 70 state the stui,Ii Iion
fairly and squarely TO the President.
TESTIMONY or COLONEL GEORGE W. WALLACE
WASHINGTON, d. c., Feb. NJ le6-.-George
W. Wallace. sworn and examined BY tue
chairman: Z. You are connected with the
army! A. i am lieutenant colonel in the
army, commanding the gal rison OF Washing
ton.
q. How long have you been in command OF
the garrison Of Washington A. Since the lat
ter part of August last.
e. Have you, at any time, had any converse
ton or CORES pondence with the President Of
the United States in regard to military Affairs
movements or operstsons A. had q brief
conversation with him on Sunday morning
last +
q. Had you the conversation at his request
A. The circumstance occurred IN this way:
was called to the Executive Manson 70 see one
Of his secretaries, Colonel Moore: and while in
conversation with him, asked how the PYesi-
dent was. He replied that he was very well,
and then asked II would like 70 zee HIM and