The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-17

statutes differ In the different States under the laws
the United States in the Circuit and District Courts
were taken by district attorneys in their own
ana h an IN behalf 81 tine b Un tes
Attorney General IN his name. In reference to Mr..
Cox, he expected to show an application by Mr. Cox
TO the Attorney General to obtain his signature to the
properinformat0n and the obtaining Of that sigma
ture
President offer the proof that the Witness Mr. Cox
was employed professionally by the President In the
presence OF General Thomas to take such legal pro.
against General Thomas would be efrectual to raise
udcialy the question of Mr. Stanton's legal right to
continue to hold the office of Secretary for the Depart
ment OF War against the authority OF the President
and also in reference to obtaining writ Of quo
ra,o for the same purposes and they state that they
expect 10 follow up this proofby evidence as to what
was done by the witness in pursuance OF that
employment. The first article of impeachment
after charging that Andrew Johnson, President OF
the United states, In violation Of the constitution,
&C.. issued orders, which have been so frequently
read for the removal Of Mr. Stanton proceeds to
then and there to violate the act entitled San Act
Regulating the Tenure of ONCE" &C. The article
and then charges that the was done with intent
to accomplish certain result. That intent the
that denial that the Chief Justice understands this
evidence now to be offered. 1t Is evidence
OF an attempt to employ counsel in the presence OF
the President ana General Thomas, and 1t s evidence
80 far OF the fact II may he evidence, Also of de-
carations connected with that fact. This fact and
stands to be In the nature Of facts he thinks are ad
missable in evidence. The Senate has already, on
former occasions, decided by solemn vote that evil
dence Of declarations of the President to General
Thomas and by General Thomas to the President,
after this . order was issued to Mr.: Stanton,
dence to the same effect offered by the
honorable Managers. 1t seems to me that
this evidence now offered comes within the principle
OF this decision and, as the Chief Justice has already
had occasion to say he thinks that the principles Of
this decision are right. 1t is decision proper be
do hx ha elf
Court Of impeachment and composed, 1t is, Of law
yers and gentlemen thoroughly acquainted with the
to weigh any evidence which NAV be submitted.
hitting the evidence.
The vote was taken and resulted yeas 90, nays q,
as fOllOws:-
YEAs 5s anthony Baynrd, Buckalew Corbett
Gma MensG r0T MsGee
Me-, Morton Norton Patterson of N H. Patterson of renn
Mn saVss"r a snfRn am0 Van
cs s a Moa csnsan
M9 oGn % % N sa pom amer sa1y' Stewart rhaye
Mr.. CURTIS then resumed the examination of the
witness as folows:-
@. Now state what occurred between General
Thomas and the President and Yourself on that occa
slons A. After referring 10 the appointment Of Gen
eral Thomas as Secretary of War al interim,
the President stated that Mr. Stanton had re-
fused to surrender possession of the depart
ment to General Thomas, and that he desired
the necessary legal proceedings to be instituted with
and to put him In possession. inquired If the AT
torney General was TO act IN the matter, whether
could consult with him. The President stated that
the Attorney General had been much occupied in
the Supreme Court that he had not had time 90 look
into the authorities but he would be glad If would
confer with him. Lpromsed to do so, and stated that
would examine the subject Immediately, and soon
after took my leave.
O. When you left did you leave General Thomas
and the President thereY a. did.
O. About what time did you leave? A. do not
suppose was there more than twenty minutes; left
my own house in q carriage at five O'Clock.
O. State now anything that you did substantially in
consequence of that employment
AR. BUTLER TO the Chief Justice)-Do the Pres
dents counsel say that anything which Mr.. Cox did
afterwards tends 10 show the Presidents nentS
the CHEF JUSTICE remarked that the witness
could proceed under the ruling Of the Senate.
Witness-After rejecting on the subject, supposing
that the
Mr.. BUTLER Gnterposing)-I think that suppose
tiOaS can hardly come in. | never heard Of q wit
ness suggestions being put III evidence.
Witness-i came To the conclusion
Mr.. BUTLER tagan interpOsingl-We don't want
your concluslons; we want your acts.
MR.. CURris-lt is pretty important act for
lawyer to come to u conclusion.
Mr. BUrLER-lt may be or 1t may not be.
Witness-i viii be instructed by the court whG,
course to pursue.
Mr.. BUTI.Eg-ict the witness state what he did. l
want him 10 be restrained TO that
Mr.. CURrls-le came to u conclusion, and want
Mr.. BUTLER-l object to conclusions of his own
The CHIEF JUSTICE said that the witness might
witness-Knowing that writ OF quo qras7unto
was very tedious one, and that il could not be
brought To q conclusion within year. and General
Thomas having been arrested for violation OF the
Tenure OF ONCE act thought that the best mode of
Mr. BUTLER tagain interposng)-I object to the
witness thoughts. (!.aughter)
The CHIEF JUSTICE ITO the wtness)-Give your con-
ciusions.
Witness-T determined then to proceed in the FIRST
instance in the case OF General Thomas.
q. Proceed how A. Before examining the jus.
tice OF the ease, and II the case was In condition for
1t bring my client before Tive Supreme Court OF the
United States by writ Of haDeas corpus that the
Supreme Court, Oh the return oil the writ, would eX
anime the case.
Mr.. BUTLER Onterposing,-These are not acts;
they thoughts, CONCLUSIONS and reasonngs OF the
wtness-what he would do If something else was
=. done.
The CHIEF JUSTICE supposed that the counsel en-
ployed by the President may state what course he
pursued, and why he pursued it.
Mr. BUTLER-Do you think that he can put in his
own determinations and reasOnings2
Tue CHIEF JusTiCE-ln relation TO this matter
Mr. BuTLER-I should like TO hear the judgment OF
The CHIEF JusTIcE-Oounsel, please put the ques-
ton in writing II any Senator desires it II not, the
witness will proceed.
Senator HOWARD asked that the question might be
reduced to writing
read as foows;--'State what conclusion you arrived
at to the proper course to lie taken to accomplish
the Instructions given you by the President
Mr.. BUrLER-l do not object to that What OBJ
jected TO was the witness putting his thoughts and
his reasonings by which he came to conclusion.
What he did was one thing; what he thought what
he determined, what he wished and what he hoped
depended so much upon his state Of mind aud
upon whether he was loyal or dsloyal in his dsposi-
ton that we do not want that.
The CHIEF JUsTiCE-The Chief Justice will direct
the witness TO conlne himself 10 the conclusions TO
which he came and to the steps which he took.
WitnCs3--iiayng come 10 the conclusion that the
most expeditions way Of bringing the question In
controversy before the Supreme Court was to apply
for a writ Of habeas corpus In case General Thomas
case in proper shape for 1t, had brief inter-
view with Tie Attorney General on Monday morning,
and this course met his approval; then proceeded
10 act with counsel whom General Thomas had en-
gagged 10 act In his behalf In the first Instance.
q. VINO was that's A. Mr.. Merrick; In order, how
ever, TO procure writ OF habeas corpus, IL
cessary that the commitment should be made by "a
court not by Justice Ia Chambers or by a Justice OF
the Peace General Thomas had been arrested and
previously examined before one Of the Justices Of
the supreme Court OF the District a Chambers, and
had been held to appear for further examination.
On Wednesday, the 10th, the Criminal Court was
opened, Chef Justice Cartier Presiding, and he an.