The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-02


claratton Of Mr.. Thomas could sh0F the
Pres idenBs intent, and II any corld they
must have been as sworn testimony.
The Managers claimed to have shown
that there Was conspiracy 70 remove
MT stanton BY fcrcei where's the only
5VIdeace they had presented was an en-
deavor 10 show simply that the was a
cons piracy to remove Mr.. Stanton. No
thing has been advanced to prove that the
EN- pioyment of force was cOutempJated.
He combatted at length the ARGUMENT Of
Butler. maintaining that the authorities
the point in dispute. Tue statement OF
Mr.. Butler that the Presidents answer adj
Intts this 1nten ton TO remove Mr.. Stanton
from an uiIice he legally held was not cor
rect.
MI. Bingham followed. denying that
there was ground for the assum 5tiOn that
this matter by a question whether it mad
proven that force was intended to be used
ticle, and the sections OF the Tenure of
ONCE Act. and claimed that the President
and General Thomas could not shelter
was matter Of Obeying a military order.
The Managersdo not rely merely upon the
declaration OF General Thomas TO show
the intention Of the President. They
would show ffOm hls own written con-
fessfons thathls long medftated purpose
had- been TO violate tine law OF CONGRESS.
The arguments OF his counsel had been
more plausible and ingenious han sound.
Thomas did not act that q ty as Adjutant
General put as secretary OF War 1d interim,
whom he claimed to be the desire OF the
counsel, was not simply TO have this tes-
lmony ruled out, but TO obtain some sort
of decision by The Senate, OF the question
Of guilt OF innocence OF the President.
Bingham reviewed the c rcumstance of
the suspension Of stanton, and the subse-
queut action by the President which, he
said, was In aeeordanfe with the terms of
the tenure Of office law.
Mr.. Johnson asked the question whether
the Managers proposed to prove shat the
President aui horized General Thomas to
use force X necessary, ana whether the
President endorsed rthe. declarations of
Thomas after they were made.
Mr.. bingham said the Managers must
decline to answer so general "a question.
Mr.. Evarts rose to speak.
Bingham called attention to. the rule
limiting the debate on each side 10 one
hour, which time, he said, had about ex-
pired. ...s. f5ss
The Chief Justice made an inaudible re-
mark, and Mr.. alter wished to know
whether these questions would ever be de-
cided. so the Managers might know what
Tae Chief Justice sta. ed the effect OF the
rule.
that the decision must be made by yeas
and nays
Conkling moved that counsel for the
President be allowed time for further Ie-
marks, as they had been under a misap-
prehens1on rs to the bearing of the rule.
.EYarts sad they had not yet exhausted
their hour, and CoGkling Withdrew his
notion
The Chief Justice stated the ques ion to
be whether the question of Mr. Butler
should be put 20 the witness Burleigh
Drake again made his point of order,
and was not sustained.
Johnson called tor the reading OF ms
question 10 the Managers.
Boutwell, stated that they had declined
to answer it, considering it too much in
the nature of an argument.
The yeas and nays being demanded, re-
suited-Yeas 80, nays II.
Burleigh was then called and said that
on the evening Of the 2Ist of February he
went TO see Gen Thomas at his residence,
and Thomas told him he had been ap-
Secretary n m an
had gone 20 the Department and demand
ed possession stanton asked him If he
would give MIN time 10 remove his papers.
The witness understood Thomas TO say
That he had already issued OtderI as Sec
retary of War He also SAID hat he in
tended to take possession at 10 O'Clock. In
reply to an inqufTyeOy the witness, Thomas
stated that he would use force to obtain
possession III it were refused him.
Butler astketlthe witness If ne had had
any conversation with Thomas while he
was 6cting as Adjutant General.
Evarts inquired what date the question
applied. t#"t
Butler said his appointment to that
Office was made about a week before he /
attempted 10 gain possession of the War
E5varts asked what was the purpose of
Butler said it was to show that General
Thomas had attempted to 5edu e his
brother officers from their duty. Just as
Absalom had sat at the gates and tried to
dr4w of the people from their allegiance
to King David.
Mr. Evarrs-Do you intend 70 put Absa-
lOm into your question?
Butler-NO; [ use him as an illustration.
After a recess of hrteen minutes, Butler
read the question he proposed t. put TO
the witness, as to what he nad heard
Thomas saw TO the clerks of the War Of
flee during the week prior to February p.
Evarts objected on the gr und OF irrel-
vancy.
Butler made u short reply.
Evarts reioined, denying that the ruling
which permitted the tIOductiOn of the
declaration . made subsequently 70 Feb
ruary 2l, allowed the presentation of de-
clarations made previous TO that time;
there had been no proof adduced in sup
port OF the aSperstons, and verifying the
they We're uncaIled for certainly at the
present time.
Bingham argued briefly in reply and
cited authorities IN support of the position
of the Managers ia
The Chief Justice ruled that the question
cnuld not be put, no evidence having been
offered proof OF C Dnspiracy before Feb
ruary 2Ist. The question was submitted;
the yeas and nays resulted % 10 p, and the
question was put.
Witness heard Thomas lake an address
to a number of clerks IN the War Office.
about a week or ten days prior 10 Februa-
~ Dist, in which he said lie intended 10 re-
lax the harsh and arbitrary rules made by
his predecessor, and regard the clerks as
gentlemen. They could 20 out and come
IN when they piea.ed, if they were absent
only a reasonable length of time.
Butler asked If Stanton had acknoWl-
edged that the testimony given by witness
before the House Committee was true. The
questi 1n was objected to and Withdrawn.
Butler ask Il If Gen. Thomas had, since
February 2lst. resCated any portion OF his
conversation WI h asurleigh, about break
ing down the doors OF the War Depart
ment. Objected to by Evarts as were also
several notifications of the question,
which was finally put follows: Have
you mad any conversation with Thomas
since the Il cst one, and since his appoint
ment as Secretary OF War al interim
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