Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-10
COLUMBUS, O., TUESDAY MORNING,

1868, and for other purposes" especial,
the second section thereof, which pro
vides, among other things, that call or
ders and instructions relating to militar,
operations issued by the President or Sec
retary of War shall be issued through tn,
General of the Army, and, in case of hi.
inability, through the next in rank, twas
unconstitutional and in contravention O
the commission Of said Emory, and
therefore not binding on him as an Off
Ger in the Army of the United States
which said provision of law had beer
therefore dull y and legally promulgated
by general order for the government
and direction of the Army Of the Unit
ed States, as the said Andrew johnson
then and there we'll knew, with intent
thereby to induce said Emory, in his of.
ficial capacity as commander of the de.
partment of Washington, to violate the
provisions of said act, and to take and
receive, act upon, and obey such orders
as he, the said Andrew johnson, might
make and give, and which should not te
issued through the General of the Army
of the United States, according to the
provisions of said act, whereby said
Andrew johnson, President of the Uni.
ted States. did then and there commit
and was guilty of high misdemeano1
in office. lsIifi a6fgioi'T li.Ss. Ter n TT.--
Concerning this article have but one
word of comment to make. By the ex-
press terms of the Constitution the Presi-
dent is made the Commander-in-C Chief
of the Army of the United States, and
any act pretending to deprive him OF
that command is clearly unconstitution-
al, and 1 deny that the signature of the
President can make an act valid which
was unconstitutional in itself. This
proposition is deemed too plain to justi-
fy argument. .'l1 '1.-
And now, indulge me one brief mo-
ment as to the facts. 1t is known to
every gentleman on this floor that on the
22a day of February last the capital
was rife with rumors as to the movement
of troops. Among other things it was
said that Secretary Stanton was pre-
pairing to resist the President of the Uni
ted States by force of arms, and that
troops were marching upon the capital.
1t was most natural and proper, then,
that the President should send for the
military commander of the department.
of Washington in order to ascertain the
facts; and, without comment, 1 will read
the entire testimony introduced by the
committee, and it amounts to a complete
vindication of the President, and will
show to the country the fimsy ground
work upon which the articles of impeach-
ment rests: asses ata
Testimony I Of General TVm. II. Emory.
WASHINGTON, D. c., Feb. &c, 1868.
William III. Emory, sworn and ex-
amined:
BY the Chairman
Question-What is your rank and
command in the Army2
Answer am Colonel of the Fifth
United States cavalry, and Brevet Major
General of the United States Army. NY
command is the Department of Wash
ington.
Question-How long have you been
in the command of this Department
Answer think since the first of Sep
temper, 1867.
Question-During the month of Feb
ruary, 1865, have you had any CONVEX
sation with the President of the United
States in relation to military affairs or
9
Answer-Only once.
OueStion-When was that
Answer-That was on Saturday, 22d
February. 1a
Question-Was the interview at your
request or his 4.,
Answer-It was at his request.
Question-In what way was his re-
quest communicated to you?
Answer have the note in my pock-
ct. 1t is a letter from Colonel William
G. Moore, of the Army, marked "per-
sonal."
Question-Read the letter.
Witness read as follows:
EXECUTIVE MANSION, II
WASHINGTON, d. c., Feb. %, 1868. {
GENERAL: The President directs me
to say that he would be pleased to have
you call on him as early as practical
BILE.
Very respectfully and truly yours,
VIM. G.. MOORE, U. S. A.
Question-Did you call in conse-
quence of that request?
Answer did.
Question-State fully and literally,
as tar as you are able, wnat occurred at |
the interview
Answer-There is nothing more diff
6cult than to repeat conversation.
Question-State the substance of it?
"Answer-The President asked me if
| recollected a conversation l had with |
him when I. first took command of this
department., in reference to the strength |
Of the garrison of Washington, and the
general disposition of the troops in this
department.. To which 1 replied that 1
did recollect it distinctly. He asked me
if there had been any changes. I re-
piled there had been no material changes,
but, such as there had been, could state
at once. l then went on to state that six
of the twenty-ninth infantry
had been brought here to winter, but
hat that had been offset by detaching
four companies of the twelfth infantry
to Charleston, on the requisition of Gen
sral Candy; that two companies of the
fourth artillery, which had been detach-
ID during General Canhy's command of
The Department, one of them to the
northern frontier to assist in putting
lown the Fenian difficulties, had been
to their regiment stationed at
Fort McHenry, Baltimore that though
he command had been increased in the
number of companies, l was under the
that the reduction in the nu-
nerical strength of the command, grow