The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1868-04-09

HON THos. N. BERRY.


Michigan, testified that he was present on the
22nd Of Feb. when Thomas came to the War
Office. Stanton asked him if he intended to
use force and Thomas replied that lie did not
care to but had made up his mind to what be
should do. !.:.
GENERAL EMERY, .tt*
commander of the post at Washington. was
next summoned. He testified that he had a
conversation with the President in regard to
the movement of troops in the Department of
Washington. The conversation occurred long
ago. can only give the substance Of it. l
told him what the strength of each fort was.
In the conversation as to whether more troops
should be brought here, I made the same
recommendation. Accordingly something was
said about the organization of military force
in Maryland. said didn't see the object.
was sent for by the President again about the
ed of February. I received note from
Col Moore. This note was read before the
reconstruction committee. l called on the
President about midday, and found him alone
can't undertake to state the converse.
ton exactly; the President asked me if
recollected the conversation I had
with him when I took command of the
change had taken place, and I told him no ma
u
the President stated he did not refer to those
changes, but some made within day or so;
assured him that no recent change had been
made; told him that under law of Congress
all orders had to be issued through Grant, the
President asked me what order it was; I re-
piled order No. II of the series of 1867.
At this time gentleman came in and with
drew to the other end of the room; meantime
messenger had given me copy Of the or
der; when the gentleman retired I showed
the order to the President, who read it and re-
marked: 1t is not in conformity with
the Constitution of the United States,
which makes me commander in chief, or with
the language of your commission; replied:
1t is the order you have approved for the gui-
dance of the army; he said: Am I to under
stand that I can't give an order except
through the General of the army; 1 replied
that such was lily opinion; I told him there
was considerable discussion about the matter,
and that had consulted lawyers, and was ad-
vised that should obey the orders; the law
yer I consulted is Robert J. Walker; 1 under
stand other officers consulted with Reverdy
johnson; suppose Johnson was of the same
opinion; the President said the object of the
law was evident, and there the conversation
ended; didn't see Gen. Thomas that morning
so far as can recollect.
Cross-e1omsned By Mr.. Stanbe,ry.-W When
Order II was'sent to the officers of the army
there was discussion among them in view to
ascertain the obligations of officers under this
act. I received no instructions from the War
Department to the effect of the order. Mr.
Walker advised me only to obey the orders
coming through General Grant The ques-
ton of whether constitutional or not did, mt
come up. We conclude we would have to
obey until declared unconstitutional bv the
courts.
When I said to the President that he had
approved the order, meant he had approved
the act, which was all it contained.
DOCUMENTARY EVIDENCE
The order under which Thomas resumed his
position as Adjutant General of the army was
produced, and the original letter of General
Grant was ,ffered, requesting the President to
put in writing the verbal order he gave Gen.
Grant to disregard any orders from the War
Department assumed to be issued by the Presi-
dent.
The next evidence offered was Johnson's
letter to Grant endeavoring to prove that the
letter had deceived him relative to sustaining
his (Johnson's) removal of Stanton.
The Presidents counsel objected to the in
PRODUCTION of this letter unless it was accom-
panied by tho five letters from members of
the Cabinet giving their recollection of the
interview between Grant and the President
The Chief Justice submitted the objection
to the Senate and it was lost by 20 yeas to 20
nays. The orders appointing Gen. Thomas
and removing Secretary Stanton were then
produced.
TESTIMONY RESUMED.
Gen. Wallace was called to prove that the
President sent for him on the 22d Of February
to enquire relative to the disposition of troops
about Washington.