Evidence, documentary, for the prosecution-
copy of oath of Andrew Johnson, President of the United States, April 15, 1865, with accompanying certificates........ 51 copy of President Lincoin's message to Senate, Jan. 13, 1862, nominating Edwin M. Stanton to be Secretary of War.... copy of Senate resolution in executive session, Jan. 15, 1862, consenting to appointment of Edwin M. Stanton to be Secre tary of War....
copy of President's message to Senate, Dec. 12, 1867, announc- ing suspension of Edwin M. Stanton from the office of Secre- tary of War, and designation of Gen. Grant as Secretary of War ad interim.........
copy of Senate resolution, Jan. 13, 1868, in response to mes- sage of President announcing suspension of Edwin M. Stan- ton, and non-concurring in such suspension........ copy of Senate order, Jan. 13, 1868, directing Secretary to com- municate copy of non concurring resolution to President, to Edwin M. Stanton, and to U. S. Grant, Secretary of War ad interim......
copy of President's message to Senate, Feb. 21, 1868, announc- ing removal of Edwin M. Stanton from office, and designa- tion of the Adjutant General of the Army as Secretary of War ad interim......
copy of President's order, Feb. 21, 1868, removing Edwin M. Stanton from the office of Secretary of War........ copy of President's letter of authority to Lorenzo Thomas, Feb. 21, 1868, to act as Secretary of War ad interim, and directing him immediately to enter upon the duties of that office......
list of appointments of heads of Departments at any time by President without advice and consent of Senate and while Sen ate was in session.. correspondence between President John Adams and Timothy Pickering, May 1800, relating to removal of Mr. Pickering from the office of Secretary of State........ copy of President John Adams's message, May 12, 1800, nom- inating John Marshall to be Secretary of State in place of Timothy Pickering, removed, and action of the Senate thereon, 119 letter from President, Aug. 14, 1867, notifying Secretary of the Treasury, "in compliance with requirements" of tenure-of- office act, of suspension of Edwin M. Stanton..... letter of Secretary of the Treasury notifying heads of bureaus, in compliance with requirements of tenure-of-office act, of the suspension of Edwin M. Stanton..... executive messages of President cominunicating information of suspension of several officers..
communication from Secretary of State, Dec. 19, 1867, report- ing to President, in compliance with provisions of tenure-of- office act, the suspension of the consul at Brunai, Borneo...... 121 copy of letter from Adjt. Gen. Thomas to President, Feb. 21, 1868, reporting delivery of President's communication to Edwin M. Stanton removing him from office, and accepting the appointment of Secretary of War ad interim....... Evidence, documentary, for the defense-
affidavit of Edwin M. Stanton, and warrant of arrest of Lorenzo Thomas, Feb. 22, 1868.......
docket of entries as to disposition of case of United States vs. Lorenzo Thomas......
copy of Senate proceedings, May 13, 1800, on the nomination of John Marshall to be Secretary of State, in place of Tim- othy Pickering, removed...... copy of President Tyler's order, Feb. 29, 1844, appointing John Nelson, Attorney General, to discharge the duties of Secretary of State ad interim.......
copy of Senate resolution, March 6, 1844, confirming nomina- tion of John C. Calhoun as Secretary of State, vice A. P. Upshur.....
copy of President Fillmore's order, July 23, 1850, designating Winfield Scott to act as Secretary of War ad interim........ 182 copy of Senate resolution, Aug. 15, 1850, confirming nomina- tion of Charles M. Conrad as Secretary of War...... copy of President Buchanan's order, Jan. 10, 1861, appoint- ing Moses Kelley to be Acting Secretary of the Interior....... copy of President Lincoln's commission, March 5, 1831, to Caleb B. Smith as Secretary of the Interior.....
copy of Senate resolution, Feb. 21, 1868, that President has no power to remove the Secretary of War and to designate any other officer to perform duties of that office ad interim......... copy of Senate order, Feb. 21, 1868, directing Secretary to com- municate copies of foregoing resolution to President, to Secre- tary of War. and to Adjutant General of the Army......... copy of President Lincoln's commission to Edwin M. Stanton as Secretary of War. Jan. 15, 1862......... commission of Edmund Cooper as Assistant Secretary of Treas ury, Nov. 20, 1867........
copy of General Orders No. 15, Mar. 12, 1868, requiring all orders relating to military operations issued by President or Secretary of War to be issued through the General of the Army
copy of Bvt. Maj. Gen. W. H. Emory's commission, July 17, 1866...
Special Orders No. 426, Aug. 27, 1867. assigning Gen. Emory to command of Department of Washington.
order of President, Feb. 13, 1868, that Bvt. Maj. Gen. Thomas resume his duties as Adjutant General...
letter of Gen. Grant, Jan. 24, 1868, requesting to have in writing order given him verbally by President to disregard orders of E. M. Stanton as Secretary of War, &c........ President's instructions to Gen. Grant, Jan. 29, 1868, not to obey orders from War Department, unless, &c.. letter of President to Gen. Grant, Feb. 15, 1868, in regard to his having vacated the office of Secretary of War ad interim 81 copy of President's letter of authority to Lorenzo Thomas to act as Secretary of War ad interim... copies of order removing Edwin M. Stanton, and letter of au- thority to Gen. Thomas with indorsements thereon, forwarded by President to Secretary of the Treasury for his information, 83 copy of General Orders No. 17, March 14, 1867, requiring all orders relating to military operations to be issued through the General of the Army.....
copy of letters of Acting Secretary of the Treasury, Ang. 17, 1842, relating to removal of the collector and appraiser in Philadelphia.......
extracts from records of Navy Department exhibiting practice in respect to removals.
list of civil officers of Navy Department, appointed for four years under act of May 15, 1829, and removable at pleasure, who were removed, their terms of office not having expired... 187 copies of documents from State Department, showing practice of Government in removal of officers during the session of Senate, during recess, and covering all cases of vacancy, 188, 195 copies of documents from Post Office Department, showing removals of postmasters during session of the Senate and ad interim appointments.........
message of President Buchanan, Jan. 15, 1861, in answer to Senate resolution respecting vacancy in the office of Secretary of War....
list of persons who discharged duties of Cabinet officers, whether by appointment made in recess and those confirmed by Senate, as well as those acting ad interim or simply acting. statement of beginning and ending of cach legislative session of Congress from 1789 to 1868.....
copy of order of General of the Army, to Gen. Thomas, to resume duties as Adjutant General........ message of President communicating report of Secretary of State, showing proceedings under concurrent resolution of the two Houses requesting President to submit to Legislatures of States an additional article to the Constitution........
tables from Department of the Interior, showing removals of offi cers, date, name, office, and whether removal was during recess or during session of the Senate.........
copy of President Adams's commission to George Washington, July 4, 1798, constituting him Lieutenant General of the Army
Evidence, documentary, for the defense-Continued.
list of consular officers appointed during session of the Senate where vacancies existed when appointments were made.......... 221 form of Navy agents' commission............
official action of the Post Office Department in removal of Foster Blodgett.........
Evidence, documentary, for the prosecution, in rebuttal— Journal of First Congress, 1774-75, exhibiting report of commit- tee to draft a commission to Gen. George Washington........... 239 letter of James Guthrie, Secretary of the Treasury, Aug. 23, 1855, as to practice of Government in appointing officers during recess to fill vacancies existing before adjournment........ copy of indictment in case of Foster Blodgett in district court of the United States for southern district of Georgia........ list of the various officers in United States affected by the Pres- ident's claim of right to remove at pleasure and appoint ad interim, their salaries, &c.......... Ewing, Thomas, sen., nomination of, to be Secretary of War...... 175, 182, 221, 234
Hour of meeting, order fixing, at eleven a. m.—[By Mr. Conness.] offered and adopted, 209; (yeas 29, nays 14.)
order fixing, at twelve o'clock m. each day, except Sunday- [By Mr. Grimes.]
offered, 279; adopted, 294; (yeas 21, nays 13.) Howard, Jacob M., a Senator from Michigan- order by-
that no Senator shall speak more than once, nor to exceed fifteen minutes on one question, during final deliberations: offered, 320; rejected, 320; (yeas 19, nays 30.)
remarks by.........6, 11, 12, 23, 25, 26, 27, 54, 61, 63, 72, 79, 88, 91, 107, 114, 120, 121, 147, 159, 162, 168, 173, 185, 201, 203, 224, 227, 231, 238, 246, 248, 250, 251, 320, 342, 379, 398, 407, 411, 415 questions by ...91, 173, 224
opinion on the case........
Howe, Timothy O., a Senator from Wisconsin-
remarks by.... ..12, 160, 166, 170, 174, 201, 202, 247, 250, 342, 408
opinion on the case....... Hudson, William N.-
appearance entered and counsel named............................................................................... ........... forty days asked to prepare answer........................... ........................... ............... answer to articles....
oath of office, April 15, 1865.....
.63, 111, 175 199, 209, 210, 234, 238, 248, 414
called by proclamation.....
suspension of Edwin M. Stanton, Secretary of War, and designa- tion of Gen. Grant Secretary ad interim communicated to Senate Dec. 12, 1867.....
Senate's non-concurrence in, communicated..... removal of Edwin M. Stanton, Secretary of War, and desig- nation of Lorenzo Thomas Secretary ad interim com- municated to Senate Feb. 21, 1868....
Frelinghuysen, Frederick T., a Senator from New Jersey- order by-
that as many of Managers and Counsel as shall choose be permitted to speak on final argument: offered and laid over, 147; discussed, 160; tabled, 163; (yeas 38, nays 10.) remarks by..... ...63, 147, 160, 161, 251, 407
opinion on the case.........
Senate's denial of power to remove and appoint communi- cated....
appointment of Edmund Cooper Assistant Secretary of the Treasury.....
order that Adjt. Gen. Thomas resume his duties.... instructions to Gen. Grant not to obey orders from War Depart- ment, unless, &c........
letter to Gen. Grant in regard to his having vacated the office of Secretary ad interim..
message communicating report relating to amendment of the Constitution.........
telegram to Gov. Parsons...
reports of speech Aug. 18, 1866, in reply to Hon. Reverdy John-
at Cleveland, Sept. 3, 1866
at St. Louis, Sept. 8, 1866..
notification to Secretary of the Treasury, Aug. 14, 1867, of the
suspension of Mr. Stanton.
conversations with Gen. Emory.
with Lieut. Gen. Sherman.
that application for thirty days to prepare for trial be post- poned until after replication filed: offered, 27; not agreed to, 27; (yeas 25, nays 28.)
that presiding officer may rule all questions of evidence, which ruling shall stand as the judgment of the Senate, unless some member shall ask a formal vote, in which case it shall be submitted to the Senate; or he may submit any such ques- tion to a vote in the first instance, (amendment to Rule VII:) offered, 63; agreed to, 63; (yeas 31, nays 19.) that, subject to Rule XXI, all the Managers not delivering oral arguments may file written arguments before April 24, and Counsel not making oral arguments may file written arguments before April 27: offered, 249.
.187, 140, 142, 143, 146, 149, 150
...........................................
.150, 151, 157, 173 .197, 198, 200, 201 204, 205 206 .221, 222, 234, 235 .150, 157, 158
................................
with Mr. Perrin.. with Secretary Welles......
tender of War Office to Lieut. Gen. Sherman... nomination of Mr. Ewing Secretary of War, Feb. 22, 1868...... 175 instructions to test Lorenzo Thomas's right to office, 200, 201, 204, 205 acquittal on Article XI.
Johnson, Reverdy, a Senator from Maryland- orders by-
that trial proceed at the expiration of ten days, unless for causes shown to the contrary: offered, 28.
that Senate commence the trial 2d of April: offered, 28. that two of Managers be permitted to file printed arguments, &c. amendment offered and adopted, 248. remarks by...
....6, 11, 26, 27, 28, 51, 53, 54, 55, 59, 70, 71, 79, 83, 88, 90, 98, 103, 107, 118, 119, 120, 121, 130, 147, 159, 162, 166, 168, 169, 170, 171, 173, 174, 175, 183, 184, 185, 186, 187, 191, 194, 195, 203, 205, 206, 207, 213, 216, 220, 223, 225, 227, 231, 236, 237, 238, 239, 240, 246, 247, 248, 250, 286, 302, 310, 320, 335, 342, 350, 379, 406, 409, 410, 411, 412, 413, 415 questions by...... .70,88,166,169,227 428
opinion on the case..... 410, 411, 412| Jones, J. W.- -see Witnesses.
....... 490 || Judgment of acquittal entered.........
Lawrence, William, a Representative from Ohio-
Patterson, James W., a Senator from New Hampshire― opinion on the case.
Patterson, David T., a Senator from Tennessee- remarks by.
brief of authorities upon the law of impeachable crimes, by.....29,41, Pomeroy, Samuel C., a Senator from Kansas-
Perrin, Edwin O.-see Witnesses.
Legislative business-see Practice.
List of offices, &c.......
Logan, John A., of Illinois, a Manager—
on application of counsel for thirty days to prepare for trial, 28 final, on the case.......
right of counsel making motion to open and close argument thereon......
the limitation of argument on interlocutory questions to one hour by Rule XX has reference to the whole number of persons to speak on each side, and not to each person severally......
it is not in order to call up business transacted in legislative session........ objections to putting a question to a witness by a member of the court must come from the court itself.........
Morrill, Justin S., a Senator from Vermont- order by-
that the Senate meet on Monday next for the purpose of delib- eration; and that on Tuesday the Senate proceed to vote without debate on the several articles-each Senator to be permitted to file his written opinion within two days after the vote: offered, 408; agreed to, 409.
remarks by........
opinion on the case....
Morrill, Lot M., a Senator from Maine- order by-
that the Senate proceed on Monday next to take the yeas and nays on the articles without debate; any Senator to have permission to file a written opinion: offered, 408.
an application for an order of Senate to furnish a statement from its records can only be addressed to Senate in legislative session.......
the general rules of the Senate in its legislative session govern the proceedings of the court, so far as applicable............................147, 174 President-see Johnson, Andrew. Q.
Question, final, order that when doors shall be closed for deliber- ation upon, the official reporters shall take down debates, to be reported in proceedings-[By Mr. Edmunds.] offered, 294; read, 310, 320; tabled, 407; (yeas 28, nays 20.) order, that Senate proceed to vote on the several articles at twelve o'clock on day after the close of arguments-[By Mr. Sumner.]
Nelson, Thomas A. R., of Tennessee, Counsel- argument by-
on motion to fix a day for trial to proceed......... on motion to fix the number and order of the speakers on final argument.... .175, 249 294 remarks on the Alta Vela letter............336, 337, 341, 342, 343, 350 0.
views of Chief Justice on form of putting
order that the views of the Chief Justice be entered on the
Journal-[By Mr. Buckalew.]
offered and agreed to, 409.
order that the, be put as proposed by Presiding Officer, and each Senator shall rise in his place and answer "Guilty" or "Not guilty" only-[By Mr. Sumner.]
offered and agreed to, 410.
order that the, shall be taken on the eleventh article first, and thereafter on the other ten successively as they stand-[By Mr. Williams.]
agreed to, 411; (yeas 34, nays 19.)
taken on Article XI, 412; (yeas 35, nays 19.)
order that the, be now taken on the remaining articles-[By Mr. Conkling.]
offered and rejected, 413; (yeas 26, nays 28.)
order that the several orders heretofore adopted as to the order of voting on, be rescinded-[By Mr. Williams.]
500 Ramsey, Alexander, a Senator from Minnesota-
Randall, Alexander W.-see Witnesses.
Replication, read and filed..........
Ross, Edmund G., a Senator from Kansas- motion by....
Mr. Sherman..
Mr. Stewart
Rule VII, order amending, in respect to submitting questions of evidence, &c., to Senate-[By Mr. Henderson.] offered and agreed to, 63; (yeas 31, nays 19.)
VII, order amending and requiring votes upon incidental ques- tions to be without a division, unless demanded, &c.—[By Mr. Drake.]
XX, construction of..........
Mr. Wilson....... Mr. Yates
Senators, oath administered to........ Seward, Frederick W.-see Witnesses. Sheridan, James B.-see Witnesses. Sherman, John, a Senator from Ohio- orders by-
that trial proceed on 6th of April: offered and discussed, 8. that under the rules all questions other than of order should be submitted to Senate: offered, 62.
that additional time allowed by amendment to Rule XXI shall not exceed three hours: offered, 161.
that Managers and Counsel have leave to file written or printed arguments before oral argument commences: offered, 247; amended, 247; disagreed to, 248; (yeas 20, nays 26.) that Managers be permitted to file printed or written argu- ments: amendment offered, 248. remarks by.....
....8, 27, 28, 53, 61, 62, 88, 119, 147, 161, 162, 175, 184, 185, 186, 194, 201, 202, 224, 225, 236, 238, 247, 248, 274, 310, 341, 368, 383, 393, 406, 407, 408, 409, 411
Sherman, William T.-see Witnesses.
Smith, Francis H.-see Witnesses.
on application for forty days to prepare answer.......... for thirty days to prepare for trial.............................. ...................................................... ................ 25 on admissibility-
of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb. 21, 1868......
.59, 64, 65, 66, 70 of President's letter to Gen. Grant, unaccompanied with inclosures..... .........81, 82 of appointment of Edmund Cooper to be Assistant Secre- tary of the Treasury..... ..87, 88 of telegrams relating to the reconstruction of Alabama....... 91 of President's declarations to Adjt. Gen. Thomas Feb. 21, 138 of conversations between President and Gen. Sherman, Jan. 14......... ...151, 152, 153, 154 of question respecting department of the Atlantic.... 157 of tender of War Office to Gen. Sherman...... .157, 158 of President's purpose to get the question before the courts, 158 of question, Whether Gen. Sherman formed and gave Presi- dent an opinion, &c........... 163, 165 of affidavit and warrant of arrest of Lorenzo Thomas... 167, 168 on motion to remove limit to number of speakers on final argu- ment......... 162
argument, final, on the case..........
Summons, return of Sergeant-at-Arms to writ of, read and verified, 6 Sumner, Charles, a Senator from Massachusetts-
that Senate proceed with trial from day to day unless otherwise ordered offered, 28; withdrawn, 28.
that Chief Justice presiding has no authority to vote on any question during the trial, &c.: offered, 63; rejected, 63; (yeas 22, nays 26.)
that where the Senate were equally divided, and Chief Justice gave a casting vote, such vote was without authority under the Constitution: offered and rejected, 63; (yeas 21, nays 27.)
that trial proceed without delay on account of removal of limit provided by Rule XXI: amendment offered and accepted, 160.
that on final argument the several Managers who speak shall close: offered, 162.
that under rule limiting argument to two on a side, such others as choose may file arguments at any time before the argu- ment of the closing Manager: laid over, 174; amended, 174; indefinitely postponed, 175; (yeas 34, nays 15.)
that all evidence offered not trivial or obviously irrelevant be received without objection, to be open to question at the bar to determine its value, and to be sifted and weighed in the final judgment: tabled, 195; (yeas 33, nays 11.)
that Senate sit from ten a. m. to six p. m. : offered, 209; rejected, 209; (yeas 13, nays 30.)
that Senate proceed to vote on the several articles of impeach- ment at twelve o'clock on the day after the close of argu- ments: offered, 310; called up, 408.
that after removal, which follows conviction, any further judg ment shall be determined by a majority of members present: offered and laid over, 331.
that Mr. Nelson, one of counsel, having used disorderly words, has deserved the disapprobation of the Senate: offered, 341; tabled, 351; (yeas 35, nays 10.)
that Senate will sit from ten a. m. to six p. m.: offered and tabled, 351; (yeas 32, nays 17.)
that the question be put as proposed by Presiding Officer, and each Senator shall rise in his place and answer Guilty or Not guilty" only: offered and agreed to, 410. rules by-
XXIII, in taking the votes of Senate on the articles presiding officer shall call each Senator by name, and upon each article propose the question of "Guilty or not guilty?" whereupon each Senator shall rise in his place and answer: proposed April 25, 310; called up, 409.
XXIV, on a conviction by Senate it shall be the duty of pre- siding officer forthwith to pronounce the removal from office of the convicted person; any further judgment shall be on the order of Senate: proposed April 25, 310; called up, 410. remarks by.....8, 28, 53, 63, 88, 92, 98, 107, 120, 121, 160, 162, 174, 175, 183, 194, 209, 224, 274, 279, 294, 310, 315, 320, 331, 341, 342, 350, 851, 406, 408, 409, 410, 412, 415 463
offered and agreed to, 28; (yeas 28, nays 24.) Trumbull, Lyman, a Senator from Illinois-
that respondent file answer on or before 23d of March: agreed to, 12.
that as many of Managers as desire be permitted to file argu- ments or address Senate orally; but the conclusion of oral argument shall be by one Manager, as provided by Rule XXI: offered, 250; amended, 250; adopted, 251; (yeas 28, nays 22.)
..........................27, 55, 63, 64, 70, 98, 147, 160, 172, 179, 209, 224, 249, 250, 342, 351, 406, 407, 408, 412, 418, 414 opinion on the case..........
Van Horn, Burt-see Witnesses.
Van Winkle, P. G., a Senator from West Virginia-
opinion on the case.......
Vickers, George, a Senator from Maryland- orders by-
that any two of Managers, except those who open and close, and who have not addressed Senate, may file written argu- ments before adjournment or make oral ad Iresses after the opening by one of Managers and first reply of Counsel, and that other two of Counsel who have not spoken may reply, but alternating with said two Managers, leaving closing argument for President and Managers' final reply under original rule : amendment offered, 247; disagreed to, 248; (yes 20, nays 26.) that one of Managers may file printed argument before adjourn- ment, and that after oral opening by a Manager and reply by one of Counsel another Counsel may file written or make oral address, to be followed by closing speech of one of Counsel and final reply of a Manager: offered, 248. remarks by....... ..247, 248 461
opinion on the case. Votes-see Articles; Chief Justice; Evidence; Question; Rules.
Witnesses for the prosecution-
William J. McDonald: service of Senate resolutions at office of President................
J. W. Jones: service of Senate resolution on Adjt. Gen. Thomas.
C. E. Creecy: form of commission before and after tenure-of- office act, 54, 55; commission of Edmund Cooper as Assistant Secretary of Treasury, 55, 56; date of change in form of com- mission 56; President's notification to Secretary of Treasury of Secretary Stanton's suspension, 119; notification of Secre- tary of the Treasury to heads of bureaus, 120.
Burt Van Horn: Adjt. Gen. Thomas's demand for possession of War Department.....
James K. Moorhead: Adjt. Gen. Thomas's demand for posses- sion of War Department.....
Walter A. Burleigh: Adjt. Gen. Thomas's account of interview with Secretary Stanton, 59, 71; his intentions, 59, 63, 71; his declarations to clerks, 71, 72, 73, 74; means by which he intended to obtain possession, 59, 63, 71, 74.
Samuel Wilkeson: Adjt. Gen. Thomas's account of interview with Secretary Stanton...... ..........74, 75
George W. Karsner: conversations with Adjt. Gen. Thomas, 75, 76, 77; his intentions, 75; interview with Secretary Stanton, 78. Thomas W. Ferry: occurrences at War Department, Feb. 22... 78 William H. Emory: conversations with President in reference to troops, 78. 79; Orders No. 15 and 17, 79, 80.
George W. Wallace: conversation with President in regard to garrison at Washington and movement of troops.............. 84, 85 William E. Chandler: process of drawing money from Treasury Department, 85, 88, 89; course of issuing commission to an officer confirmed by Senate, 85, 86; authority of Assistant Secre- tary of the Treasury to sign warrants, 88, 89; the practice, 89. Charles A. Tinker: telegrams between Lewis E. Parsons and President relating to reconstruction in Alabama, 89, 90; Pres- ident's speech, Aug. 18, 1866, as telegraphed, 93, 96. James B. Sheridan: President's speech, Aug. 18, 1866, in reply to Hon. Reverdy Johnson, 93; manner of reporting it, 94; corrections by President's Secretary, 93.
James O. Clephane: President's speech, Aug. 18, 1866, in reply to Hon. Reverdy Johnson, 94, 96; revision by President's Sec- retary, 94, 96, 97; verbatim report rewritten for Chronicle, 94, 95.
Francis H. Smith: President's speech, Aug. 18, 1866, 96, 97; revision by President's Secretary, 97.
William G. Moore: corrections of report of President's speech, Aug. 18, 1866...............
.97, 98 William N. Hudson: President's speech at Cleveland, Sept. 3, 1866, reported for Cleveland Leader, 100, 101, 102; cries of the crowd, 102, 103, 104.
Daniel C. McEwen: President's speech at Cleveland, Sept. 3,
.104, 105 Everett D. Stark: President's speech at Cleveland, Sept. 3, 1866, reported for Cleveland Herald.......
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