The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-04-17
VANsVILLE. ND. FRIDAY APRI i. 1868


Toe senate refused to allow a statement
70 be mad Of a conversation with the
4 esIdent the same evening.
The counsel then asked "A fter reporting
this to the President, did you do arlv ot ~
act, IN pursuance of his previou instruc-
ton, TO test the constitltionalfty OF the
denusFe-oI-ofnee 1ts ActR and, f so, whatwere
objection made, which the chief Justice
OYerruled, and the Senate sustained his
ruling-27 to q.
Witness resumed-The next day / ap-
piled to the District Attorney TO sign an
Information In the nature of a quo lOdr-
T01lt0, which he declined 10 do without the
anthOrity ofthe AttOrney-G General; visited
stanton and gave him his opinion; and
nothing else was done in the matter.
The senate took a recess for Is minutes.
On re-assembling at 80, Cox was cross
examined by Butler. He considered him.
self as counsel for the u esident. but aD-
peared before Judge Carter as counsel for
General Thomas, and did not tell the
court or the opposing counsel in court,
that his purpose was TO get the ca in
train to test the constitutfonality OF the
Tenure Of Office Law, and sup Ose5 they
OWNED bis object. Cox testified he was
advisory counsel for General Z hOmas; the
papers which ne prepared to obtain quo
1OGTrdHtO were returned TO him few days
ago, by Mr. Stanberv, with verbal mes
sage Tor himself aud Mr.. Merric9 TO use
them at their discretion: he has never re-
ceIVed authority from the Attorney Cen
erai or President 10 use them; General
1homas was discharged from custody the
Presidents counsel II r. Merrick. a law
yer of Washington City, was employed
by General Thomas, on the morning Of the
I'd February. After the action Of Judge
Carter in Chambers witness went 10 see
the President about noon and tod him
what had occurred in the case, General
Th mas and Mr.. Stanbery being present. /
The Attorney General, I'm the presence Of
the President. told witness to see If he
supreme Court on writ OF habeas
corpus, and few hours afterwards
wrote the a. tOrney General note on The
q FrfnrH IN aaf f4f
result of bis Investigation to the Presi-
dents counsel, and Mr.. Cox and they
agreed TO W 2rk together 1n order TO ac-
compilsh the purpose suggested by the
General; Tuesday night had an
interview with the Attorney General IN
relation to conducting the case.
On stiOn-Wh4t did you and Cox do in
ord-r 70 accomplish the result?
Objected TO.
tice, and no appeal being asked for the
answer was allowed.
Witness comm need in detail TO recount /
ne circumstances already briefly narrated |
Mr.. Butler interrupted him to say that |
he wished to clear his skirts Of all this 1
matter. u IS going ib against the objection /
9f the Managers and under the ruing of /
,he Chlef Justieei WhereupOn the chief 4
,Islon OF the Senate of the United States.
The witness resumed his minute nara \
ion, and ar the close was crosse Xamtned /
Oy Butler. He testified that Thomas was
not at the Whtte House when he arrived; /
lid not know whether he was al the War
Department or not
T.. . Perrin, of Long Island, was then
salled; Has been personally acquainted i
vita the President about fourteen years; /
Was In this city during the month of Feb-
ruary IN company with Mr.. Seleye, MEM
Der Of Congress from New York; had an
with the President February /
list, about 2 r. 81; took Alr. Seleye TO intro
luce him; neither he nor Seleye had any
knowledge OF the temovaI OF stanton
Counsel then offered to prove that the
President informed them that he had re-
moved Stanton, aud would soon send In 70 I
he Senate a good name for the position;
hat he did not AMI icipate resistance, and
'egarded the arrang cement as temporary.
Butler objected. and an argument en-
ued on both sides.
The question was ruled out by the sem
lte.
Evarts had nothing more to ask a that
riew, and sugges ed an adjournment.
Butler opposed IL in long speech, after
which the Senate adjourned.