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............

95, 96

Boutwell, George S., of Massachusetts, a Manager-
argument by-

on application of Counsel for thirty days to prepare for trial, 26
on authority of Chief Justice to decide questions of evi.
dence.

...........61, 62
on admissibility

of telegrams relating to the reconstruction of Alabama ...... 91
of extracts from records of Navy Department.......

185
final, on the case...

268, 279
remarks on the case of the removal of Timothy Pickering........ 120

on motion relating to number of speakers on final argument...... 246
Brief of authorities upon the law of impeachable crimes and mis-
demeanors-[By Hon. William Lawrence, M. C., of Ohio), 29,

41, 343
Buckalew, Charles R., a Senator from Pennsylvania
order by
that the conclusion of the oral argument be by one Manager,

as provided in Rule XXI: offered and agreed to, 250.
prescribing form of final question: offered, 409.
that the views of Chief Justice on the form of putting final

question be eutered on the Journal: offered and agreed

to, 409.
remarks by .......

147, 242, 247, 248, 250, 409, 410, 412, 413
opinion on the case... ...

510
Burleigh, Walter A.-see Witnesses.
Butler, Benjamin F., of Massachusetts, a Manager-
argument by-
on motion to fix a day for trial to proceed...

8
on application of Counsel for thirty days to prepare for trial... 27
opening, on the case.

29
on authority of Chief Justice to decide questions of evi-
dence..

.......59, 60, 61
on right of Counsel to renew examination of a witness re-
called by court...........

171
on admissibility-
of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868......

...........59, 63, 65, 66, 70
to clerks of War Department.

71
of appointment of Edmund Cooper to be Assistant Secretary
of the Treasury.....

.... .....86, 87, 88
of telegrams relating to the reconstruction of Alabama...90, 91
of Chronicle's report of President's speech in reply to Hon.

Reverdy Johnson
of Leader's report of President's speech at Cleveland... 106, 107
of President's declarations to Adjt. Gen. Thomas, Feb. 21,

137, 138
of President's declarations to Adjt. Gen. Thomas, prior to
March 9, as to use of force.......

141
of conversations between President and Gen. Sherman,
Jan. 14.......

.151, 152, 153, 154, 155, 156
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, 159
of question, Whether Gen. Sherman formed and gave Pres.
ident an opinion, &C............

.......... 163, 164, 165
of affidavit and warrant of arrest of Lorenzo Thomas.....167, 168
of President's message to Senate. Feb. 24...........175, 176, 177
of extracts from records of Navy Department, 183, 184, 185, 186
of employment.of counsel by President to get up a test
case..

197, 198, 199, 200
of President's declarations to Mr. Perrin, Feb. 21. ......206, 207
to Secretary Welles ...

.222, 224
of advice to President by his Cabinet touching the constitu-

tionality of the tenure-of-office act......... ...., 225, 226
of advice to President by his Cabinet touching construction
of tenure-of-office act

.231, 232
of Cabinet consultations in regard to obtaining a judicial
decision, &c. ....

233
of papers in Mr. Blodgett's case..

.241, 242
remarks on application of Counsel for adjournment

208
on motion relating to number of speakers on final argument, 162
on the Alta Vela letter......

.... ...335, 337, 341, 342, 243

C.
Cameron, Simon, a Senator from Pennsylvania-
order by-
that all the Managers and Counsel be permitted to file argu.

ments by eleven o'clock to-morrow: offered and rejected, 250
that the Senate hereafter hold night sessions from eight until

eleven p. m.: offered, 342; tabled, 351; (yeas 32, nays 17.)
remarks by

.62, 80, 89,
121, 209, 242, 250, 337, 342, 406, 407, 410, 412, 415
questions by ......

89
Caitell, Alexander G., a Senator from New Jersey-
opinion on the case..

523
Chandler, William E.--see Witnesses.
Chandler, Zachariah, a Senator from Michigan-
remarks by ......

..225, 410
Chew, Robert S.-see Witnesses.

Chief Justice, oath administered to.........

5
casting vote given by......

.62, 92
resolution denying authority of, to vote on any question during

the trial- [By Mr. Sumner.]
offered, 63 ; rejected, 63 ; (yeas 22, nays 26.)"
order denying privilege of, to rule questions of law-[By Mr.

Drake.]
offered and rejected, 63; (yeas 20, nays 30.)
order denying authority of, to give casting vote-[By Dr. Sum-

ner.]
offered and rejected, 63; (yeas 21, nays 27.)
order that the ruling of the, upon all questions of evidence shall

stand as the judgment of the Senate unless a formal vote be

asked, &c.- [ By Mr. Henderson.]
offered and agreed to, 63 ; (yeas 31, nays 19.)
views of, on form of putting final question ......

409
Clarke, D. W. C.-see Witnesses.
Clephane, James 0.-see Witnesses.
Cole, Cornelius, a Senator from California-
remarks by......

..166, 409
Competency--see Evidence.
Conkling, Roscoe, a Senator from New York-
orders by-
that Rule XXIII be amended by inserting subject to the

operation of Rule VII:' offered and agreed to, 6.
that, unless otherwise ordered, trial proceed immediately after

replication filed: offered, 10; agreed to, 11; (yeas 40, nays

10.)
that Senate commence the trial 30th of March instant: agreed

to, 28; (yeas 28, nays 24.)
prescribing form of final question: offered. 409.
ibat Senate will now proceed to vote on remaining articles:

rejected, 413; (yeas 26, nays 28.)
remarks by.................6, 8, 10, 11, 28, 61, 70, 71, 79, 82, 89, 92, 99,

107, 117, 121, 127, 147, 160, 162, 165, 170, 175,
185, 224, 225, 233, 238, 248, 279, 310, 315, 341,

346, 350, 356, 406, 407, 408, 409, 412, 413, 414
questions by........

165
Conness, John, a Senator from California-
orders by-
that Rule XXI be amended to allow as many of Managers

and Counsel to speak on final argument as choose, four days
to each side to be allowed, and Managers to open and close:

offered and rejected 175; (yeas 19, nays 27.)
that hereafter Senate meet at eleven a. m.: offered and

adopted, 209; (yeas 29, nays 14.)
that such of Managers and Counsel as choose have leave to

file arguments before April 24: offered and disagreed to,

248 ; (yeas 24, nays 25.)
that two of Managers be permitted to file printed or written

arguments before to-morrow noon: amendment offered, 249.
prescribing form of final question: offered, 409.
remarks by.

12, 55, 62, 70, 82, 89,92, 98, 107,
120, 121, 136, 151, 166, 168, 169, 170, 174, 175, 195, 202, 203,
208, 209, 222, 224, 227, 233, 235, 238, 242, 247, 248, 249, 250,

274, 387, 388, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415
questions by.

242
Conversations-see Evidence; Witnesses.
Corbett, Henry W., a Senator from Oregon-
order by-
that two of Counsel have the privilege of filing a written, or

making an oral address, &c. : amendment offered, 248;

withdrawn, 249.
remarks by.

.248, 249, 250
Counsel for respondent........

.........6, 11
Cox, Walter S. :-see Witnesses.
Cragin, Aaron H., a Senator from New Hampshire-
remarks by

224
Creecy, Charles E.-see Witnesses.
Curtis, Benjamin R., of Massachusetts, Counsel-
motion by-
for an allowance of three days to prepare proofs................. 121
granted.

121
argument by-
on application for forty days to prepare answer....

7
for time to prepare proofs...

.120, 121
opening, for the defense....

123, 130
on admissibility-
of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868......

67
of President's letter to Gen. Grant, unaccompanied with
inclosures.........

82
of telegrams relating to the reconstruction of Alabama....... 91
of President's message to Senate, Feb. 24 .......

176
of extracts from records of Navy Department..... 183, 184, 185,
of employment of counsel by President to get up a test

case...
of President's declarations to Secretary Welles.....

223
of advice to the President by his Cabinet touching the con-

stitutionality of the tenure-of-office act........ 226, 227, 230, 231

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.199, 200

case .......

&C.

..............................................

?

D.
Davis, Garrett, a Senator from Kentucky-
order by-
that a court of impeachment cannot be legally formed while

Senators from certain States are excluded: offered and

lost, 12; (yeas 2, nays 49.)
remarks by........ .12, 159, 169, 172, 331, 342, 406, 410, 411
opinion on the case..

438
Dear, Joseph A.-see Witnesses.
Declarations—see Evidence; Witnesses.
Documents-see Evidence.
Doolittle, James R., a Senator from Wisconsin-
order by-
that on final argument Managers and Counsel shall alternato,

two and two, the Managers to open and close: offered and

indefinitely postponed, 175; (yeas 34, nays 15.)
remarks by

... 77, 92, 159, 175, 202, 209, 247, 249, 412, 413
opinion on the case. ...

515
Drake, Charles D., a Senator from Missouri
orders bym
that respondent file answer on or before 20th March : agreed to,

12; (yeas 28, nays 20;) reconsidered, 12; (yeas 27, nays 23.)
that Chief Justice presiding has no privilege of ruling ques.

tions of law on the trial, but all such questions should be
submitted to the Senate alone: offered and rejected, 63;

(yeas 20, nays 30.)
that votes upon incidental questions shall be without a division,

unless requested by one fifth of members present or pre-
siding officer: (amendment to Rule VII,) offered, *77;

agreed to, 92.
that any Senator shall have permission to file his written opin-

ion at the time of giving his vote: offered and rejected, 408;

(yeas 12, nays 38.)
that the fifteen minutes allowed by Rule XXIII, shall be for

the whole deliberation on the final question, and not to the

final question on each article: offered, 408; adopted, 409.
remarks by..

11, 27, 59, 61, 63, 70,
71, 77, 82, 85, 92, 93, 98, 107, 110, 140, 157, 158, 159,
160, 162, 166, 169, 170, 173, 174, 175, 178, 200, 218,
227, 231, 232, 274, 310, 407, 408, 410, 412, 413, 415

E.
Edmunds, George F., a Senator from Vermont-
orders by-
that answer be filed April 1, replication three days there-

after, and the matter stand for trial April 6, 1868: offered, 8.
that when doors shall be closed for deliberation upon final

question, the official reporters shall take down the debates
to be reported in the proceedings : offered, 294; not inde-
finitely postponed, 310; (yeas 20, nays 27;) read, 320, 407;

tabled, 407; (yeas 28, nays 20.)
that the standing order of the Senate that it will proceed at

twelve o'clock noon to-morrow to vote on the articles be

rescinded-[May 11, 1868:] offered, 410; agreed to, 410.
remarks by ........

...8, 28, 29, 70, 71, 92, 110,
111, 127, 147, 170, 174, 175, 185, 198, 227, 247, 250, 251,

294, 310, 320, 337, 393, 406, 407, 408, 409, 410, 411, 413
questions by........

...... 185, 198
opinion on the case...

424
Emory, William H. :-see Witnesses.
Evarts, William M., of New York, Counsel-
motions by-
that after replication filed, Counsel be allowed such reasonable

time as shall now be fixed to prepare for trial : offered, 27.
for an adjournment in consequence of illness of Mr. Stanbery, 174
argument by-

on application for thirty days to prepare for trial................ 23, 24
on authority of Chief Justice to decide questions of evi.
dence ......

62
on motion to remove limit as to number of speakers on final
argument.....

162
on right of counsel to renew examination of a witness recalled
by court.

..171, 172
on admissibility
of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868.......

70
of Adjt. Gen. Thomas's declarations to clerks of War
Department.......

..71, 72
of President's letter to Gen. Grant, unaccompanied with
inclosures. ......

82
of appointment of Edmund Cooper to be Assistant Secre-
tary of the Treasury ....

....... 86, 88
of telegrams relating to the reconstruction of Alabama... 90, 91
of Chronicle's report of President's speech in reply to

Hon. Reverdy Johnson.......
of Leader's report of President's speech at Cleveland ... 106, 107
of President's declarations to Adjt. Gen. Thomas, Feb. 21, 139
prior to March 9............

141
of President'sconversations with Gen. Sherman, Jan. 14, 153, 155
of tender of War Office to Gen. Sherman ...................

157, 158

Evarts, William M., of New York, Counsel-Continued.
argument by-
on admissibility,
of question, Whether Gen. Sherman gave President an
opinion, &c.......

164, 165
of affidavit and warrant of arrest of Lorenzo Thomas... 167, 168
of President's message to Senate, Feb. 24.....

176, 177
of extracts from records of Navy Department ......... 155
of employment of counsel by President to get up a test

198, 200
of President's declarations to Mr. Perrin..

207
to Secretary Welles..........

.... 223, 224, 225
of advice to President by his Cabinet touching the consti-
tutionality of the tenure-of-office act......

226
touching the construction of the tenure-of-office act... 231, 232
of Cabinet consultations in regard to obtaining a judicial
decision,

233
of papers in Mr. Blodgett's case......... ........... .240, 241, 242
final, on the case......

337, 343, 351, 361
remarks announcing illness of Mr. Stanbery.

...174, 175
on order in regard to rule limiting argument.....174, 175, 246, 249
on application for adjournment.....

.. 208, 209
Evidence, question, Whether objections to, should be decided by

Chief Justice, or in first instance be submitted to the Senate-
[By Mr. Drake).....

59
discussed by
Man'r Butler

..........59, 60, 61
Man'r Bingham

....61, 62
Man'r Boutwell.

..61, 62
Mr. Evarts

62
presiding officer may rule all questions of, which ruling shall stand

as the judgment of the Senate, unless a vote be asked, &c.;
or he may, in first instance, submit such questions to the
Senate—[By Mr. Henderson]-agreed to 63; (yeas 31,

nays 19.)
admissibility of -
declarations of Adjt. Gen. Thomas, Feb. 21, as to the means

by which he intended to obtain possession of the War De.
partment: (objected to by Mr. Stanbery)

..59, 63
discussed być
Man'r Butler ........

..59, 63, 65, 66, 70
Mr. Stanbery.

.59, 64, 65, 66, 70
Mr. Curtis.....

67
Man'r Bingham.

......... 68, 70
Mr. Evarts.....

70
admitted, 71; (yeas 39, nays 11.)
declarations of Adj. Gen. Thomas to clerks of War Department,

antecedent to his appointment as Secretary of War ad
interim, as to his intention when he came in command:
(objected to by Mr. Evarts).......

71
discussed by-

Mr. Evarts....
Man'r Butler......

71
Man'r Bingham.

72
admitted, 72; (yeas 28, nays 22.)
letter of President to Gen. Grant, Feb. 10, 1868, unaccom-

panied by other letters referred to therein : (objected to by
Mr. Slanbery). ......

81
discussed by-
Mr. Stanbery

.81, 82
Man'r Wilson...
Mr. Evarts.....,

82
Man'r Bingham..

82
Mr. Curtis

82
objection not sustained, 83; (yeas 20, nays 29.)
appointment of Edmund Cooper, Private Secretary of Presi.

dent, as Assistant Secretary of the Treasury: (objected to
by Mr. Stanbery and Mr. Evarts).

86
discussed by-
Mr. Evarts

.86, 88
Man'r Butler

.87, 88
Mr. Stanbery.
Man'r Bingham

87
not received, 89; (yeas 22, nays 27.)
telegrams between President and Lewis E. Parsons, Jan. 17,

1867, in relation to constitutional amendment and recon-

struction of Alabaina : (objected to by Mr. Stanbery)...... 90
discussed by
Man'r Butler

.90, 91
Mr. Evarts

.90, 91
Mr. Stanbery.

91
Mr. Curtis

91
Man'r Boutwell..........

91
admitted, 92; (yeas 27, nays 17.)
Chronicle report of President's speech, Aug. 18, 1866, in reply

to Hon. Reverdy Johnson : (objected to by Mr. Evarts).... 95
discussed by
Mr. Evarts.

.95, 96
Man'r Butler...
withdrawn

96

. 71, 72

.81, 82

.87, 88

95, 96

95, 96

141

201

157,

Evidence--Continued.
admissibility of
Leader's report of. President's speech at Cleveland, Sept. 3,
1866: (objected to by Mr. Evarts)

106
discussed by-
Mr. Evarts...

...... 106, 107
Man'r Butler

106, 107
admitted, 107; (yeas 85, nays 11.)
declarations of President to Adjt. Gen. Thomas, Feb. 21,

1868, after order for removal of Mr. Stanton, to show an
absence of purpose to use force: (objected to by Man'r
Butler)......

137
discussed by-
Man'r Butler

.........137, 138
Mr. Stanbery.

138
Mr. Evarts...

139
Man'r Bingham .....

139
admitted, 140 ; (yeas 42, nays 10.)
declarations of President to Adjt. Gen. Thomas prior to 9th

of March, in respect to use of force to get possession of
the War Office: (objected to by Man'r Butler)............... 141
discussed by-

Man'r Butler.....
Mr. Evarts.

141
Man'r Bingham

141
admitted. ........

141
conversations between the President and Lieut. Gen. Sherman,

Jan. 14, 1868, in regard to removal of Mr. Stanton :
(objected to by Man'r Butler)

151
discussed by—
Mr. Stanbery.

.......... 151, 152, 153, 154
Man'r Butler............................

.151, 152, 153, 154, 155, 156
Mr. Evarts

..153, 155
Man'r Wilson

156
not admitted, 159; (yeas 23, nays 28.)
question in regard to the creation of the department of the
Atlantic : (objected to by Man'r Butler).....

157
discussed by-
Man'r Butler. .......

157
Mr. Stanbery.

167
not admitted.

157
tender to Gen. Sherman of appointment as Secretary of War
ad interim : (objected to by Man'r Butler)....

157
discussed by-
Man'r Butler....

158
Mr. Evarts....

157
Mr. Stanbery

157
admitted .......

158
question, Whether at the first offer of the War Office to

Gen. Sherman anything further passed in reference to
the tender or acceptance of it: (objected to by Man'r
Butler).....

158
discussed by-
Man'r Butler ..

158
Mr. Evarts...

158
not admitted, 158 ; (yeas 23, nays 29.)
President's declaration of purpose of getting Mr. Stanton's

right to office before the courts : (objected to by Man'r
Butler)

158
discussed by-
Man'r Butler.

.158, 159
Mr. Stanbery....

158
not admitted, 159 ; (yeas 7, nays 44.)
President's declaration of purpose in tendering Gen. Sher-

man the appointment of Secretary of War ad interim :
(objected to by Man'r Bingham)..........

159
not admitted, 160; (yeas 25, nays 27.)
President's declarations to Gen. Sherman in reference to the

use of threats or force to get possession of the War Office:
(objected to by Man'r Butler)

160
not admitted

160
question, Whether Gen. Sherman gave President an opinion

as to advisability of a change in the War Departinent:
(objected to by Man'r Butler)

163
discussed by-
Man'r Bingham..

....... 163, 165
Mr. Stanbery

103, 165
Man'r Butler..

.163, 164, 165
Mr. Evarts.....

.164, 165
not admitted. 106; (yeas 15, nays 35.)
advice to President to appoint some person in place of Mr.
Stanton : (objected to by Man'r Butler.).....

166
not admitted, 166; (yeas 18, nays 32.)
affidavit of Edwin M. Stanton and warrant of arrest of Lorenzo

Thomas: (objected to by Man'r Butler).. ...... 167
discussed by
Man'r Butler......

167, 168
Mr. Evarts......

167, 168
Mr. Stanbery..

167, 168
admitted, 168; (yeas 34, vays 17.)

Evidence--Continued.
adınissibility of-
question, Whether President stated to Gen. Sherman his pur-

pose in tendering him the office of Secretary of War ad
interim : (objected to by Man'r Bingham)......

169
admitted, 169; (yeas 26, nays 22.)
President's declaration of purpose in tendering Gen. Sherman

the office of Secretary of War ad interim : (objected to
by Man'r Bingham).

169
admitted, 170; (yeas 26, nays 25.)
message of President to Senate, Feb. 24, 1868, in response to

Senate resolution of Feb. 21, 1868: (objected to by Man'r
Butler)...

175
discussed by-
Man'r Butler.....

..... 175, 176, 177
Mr. Curtis .........

176
Mr. Evarts

176, 177
Man'r Bingham.

176, 177
not admitted.

178
extracts from records of Navy Departınent, exhibiting practice

in respect to removals: (objected to by Man'r Butler)...... 183
discussed by-
Man'r Butler...

183, 184, 185, 186
Mr. Curtis.

183, 184, 185.
Mr. Evarts........................ ................................

185
Man'r Boutwell....

185
admitted, 186; (yeas 36, nays 15.)
employment of counsel by President to raise the question of

Mr. Stanton's right to hold the office of Secretary of
War against the authority of President: (objected to
by Man'r Butler) ........

197
discussed by-
Man'r Butler......

.197, 198, 199, 200
Mr. Evarts...

198, 200
Mr. Curtis.

.199, 200
Man'r Wilson .......

199
admitted, 200; (yeas 29, nays 21.)
acts toward getting out a habeas corpus in the case of

Lorenzo Thomas: (objected to by Man'r Butler.).
admitted, 201; (yeas 27, nays 23.)
acts, after failure to obtain a habeas corpus in pursuance

of President's instructions, to test the right of Mr.
Stanton to continue in office: (objected to by Man'r
Butler)....

202
adınitted, 203; (yeas 27, nays 23.)
declarations of the President to Mr. Perrin, Feb. 21, 1868,

in reference to the removal of Mr. Stanton, and the
nomination of a successor: (objected to by Man's
Butler).....

206
discussed by~
Man'r Butler ........

207
Mr. Evarts......

207
Man'r Wilson .......

207
not adınitted, 208; (yeas 9, nays 37.)
President's declarations to Secretary Welles, Feb. 21, in rela-

tion to the removal of Mr. Stanton: (objected to by Man'r
Butler).

222
discussed by-
Man'r Butler

222, 224
Mr. Evarts ......

.223, 224, 225
Mr. Curtis..

223
admitted, 225; (yeas 26, nays 23.)
advice to President by his Cabinet touching the constitutional-

ity of the tenure-of-office act: (obected to by Man'r
Butler) .....

225
discussed by-
Man'r Butler.......

225, 226
Mr. Evarts.......

226
Mr. Curtis......

..226, 227, 230, 231
Man'r Wilson......

227
not admitted, 231 (yeas 20, ways 29.)
advice to President by his Cabinet in regard to the construc-

tion of the tenure of office act, and in regard to its appli-
cation to the Secretaries appointed by President Lin-
coln: (objected to by Man'r Butler)..

231
discussed by-
Mr. Evarts...

.231, 232
Man'r Butler........

.231, 232
not admitted, 232; (yeas 22, nays 26.)
Cabinet consultations in regard to obtaining a judicial decis-

ion on the constitutionality of the tenure-of-office act:
(objected to by Mau'r Butler).....

233
discussed by-
Man'r Butler........

233
Mr. Evarts ........

233
not admitted ; (yeas 19, says 30,).........

233
question, Whether any suggestions were made in Cabinet

looking to the vacation of any office by force: (ohjected
to by Man'r Butler). ........

234
not adinitted; (yeas 18, nays 26,) .........

234

206,

..........

Evidence-Continued.
admissibility of
opinions given to President by Cabinet on question, Whether

the Secretaries appointed by President Lincoln were
within the provisions of the tenure-of-office act: ob-
jected to by Man'r Bingham)...

238
not admitted ; (yeas 20, nays 26,)....

238
answer of Foster Blodgett to the Postmåster General's notice

of his suspension from the office of postmaster at Augusta,
Georgia : (objected to by Mr. Evarts)...

240
discussed by-
Mr. Evarts ......

.240, 241, 242
Man'r Butler....

.241, 242
not admitted ......

242
nominations of Lieut. Gen. Sherman, Feb. 13, 1868, and of

Maj. Gen. Geo. H. Thomas, Feb. 21, 1861, to be Generals
by brevet : (objected to by Mr. Evarts)

246
not admitted ; (yeas 14, nays 35,)..

246
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 Lincoln's message to Senate, Jan. 18, 1862,

nominating Edwin M. Stanton to be Secretary of War...... 51
copy of Senate resolution in executive session, Jan. 15, 1862,

consenting to appointment of Edwin M. Stanton to be Secre.
tary of War......

51
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 .....

51
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........

53
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 ......

53
copy of President's message to Senate, Feb. 21, 1868, announce

ing removal of Edwin M. Stanton from office, and designa-
tion of the Adjutant General of the Army as Secretary of War
ad interim .....

53
copy of President's order, Feb. 21, 1868, removing Edwin M.
Stanton from the office of Secretary of War.....

53
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........

53
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...... 54
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........ 54
copy of President Lincoln's cominission to Edwin M. Stanton
as Secretary of War, Jan. 15, 1862.........

54
commission of Edmund Cooper as Assistant Secretary of Treas.
ury, Nov. 20. 1867....

55
letter of authority to Edmund Cooper, Dec. 2, 1867, to act as
Assistant Secretary of the Treasury..

56
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

79
copy of Bvt. Maj. Gen. W. H. Emory's commission, July 17,
1866.

80
Special Orders No. 426, Aug. 27, 1867, assigning Gen. Emory to
command of Department of Washington......

80
order of President, Feb. 13, 1868, that Bvt. Maj. Gen. Thomas
resume his duties as Adjutant General........

80
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......

80
President's instructions to Gen. Grant, Jan. 29, 1868, not to
obey orders from War Department, unless, &c..

80
letter of President to Gen. Grant, Feb. 10, 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. ......

83
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...

-83
copy of order of General of the Army, to Gen. Thomas, to
resume duties as Adjutant General.....

85
message of Presidentcoinmunicating report of Secretary of State,

snowing proceedings under concurrent resolution of the two
Houses requesting President to submit to Legislatures of States
an additional article to the Constitution ......

92

Evidence, documentary, for the prosecution-Continued.
report of President's speech Aug. 18, 1866, in reply to Hon Rep.
erdy Johnson, as sworn to by Francis H. Smith..

99
report of President's speech Aug. 18, 1866, revised by William
G. Moore, his Secretary.....

100
at Cleveland, Sept. 3, 1866, in Cleveland Leader....

107
at Cleveland, Sept. 3, 1866, by D. C. McEwen.

108
at Cleveland, Sept. 3, 1866, in Cleveland Herald

109
at St. Louis, Sept. 8, 1866, in Missouri Democrat....

112
at St. Louis, Sept. 8, 1866, in St. Lonis Times

114
forms of various commissions as issued by President before and
after thė passage of civil-tenure act.........

116
list of removals of heads of Departments at any time by Presi-
dent during the session of Senate.....

117
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....

117
correspondence between President Johu Adams and Timothy

Pickering, May 1800, relating to removal of Mr. Pickering
from the office of Secretary of State.......

118
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.......

119
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 ......

120
executive messages of President communicating information of
suspension of several officers...

120
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 ...... 123
Evidence, documentary, for the defense-
affidavit of Edwin M. Stanton, and warrant of arrest of Lorenzo
Thomas, Feb. 22, 1868......

168
docket of entries as to disposition of case of United States vs.
Lorenzo Thomas.....

174
President's nomination of Thomas Ewing, sen., to be Secretary
of War, Feb. 22, 1868......

175
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.......

182
copy of President Tyler's order, Feb. 29, 1844, appointing John

Nelson, Attorney General, to discharge the duties of Secretary
of State ad interim ......

182
copy of Senate resolution, Marck 6, 1844, confirming, nomina-

tion of John C. Calhoun as Secretary of State, vice A. P.
Upshur.......

182
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......

182
copy of President Buchanan's order, Jan. 10, 1861, appoint-

ing Moses Kelley to be Acting Secretary of the Interior ........ 183
copy of President Lincoln's commission, March 5, 1861, to Caleb
B. Smith as Secretary of the Interior.....

183
copy of letters of Acting Secretary of the Treasury, Aug. 17,

1842, relating to removal of the collector and appraiser in
Philadelphia ....

183
extracts from records of Navy Department exhibiting practice
in respect to removals......

186
list of civil officers of Navy Department, appointed for four

years under act of May 15, 1820, 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, 183, 195
copies of documents from Post Oflice Department, showing

removals of postmasters during session of the Senate and ad
interim appointments......

191
message of President Buchanan, Jan. 15, 1861, in answer to

Senate resolution respecting vacancy in the office of Secretary
of War..............

191
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............... 192
statement of beginning and ending of cach legislative session of
Congress from 1789 to 1868. ....

197
copy of President Adams's commission to George Washington,

July 4, 1798, constituting him Lieutenant General of the
Army

216
tables from Department of the Interior, slowing removals of offi-

cers, date, name, office, and whether removal was during recess
or during session of the Senate........

216

com.

Evidence, documentary, for the defense-Continued.

Hour of meeting, order fixing, at eleven a. m.-[By Mr. Conness.]
list of consular officers appointed during session of the Senate offered and adopted, 209 ; (yeas 29, nays 14.)

where vacancies existed when appointments were made......... 221 order fixing, at twelve o'clock m. each day, except Sunday-
form of Navy agents' commission.....

235

[By Mr. Grimes.]
official action of the Post Office Department in removal of Foster

offered, 279; adopted, 291; (yeas 21, nays 13.)
Blodgett.........

236 Howard, Jacob M., a Senator from Michigan-
Evidence, documentary, for the prosecution, in rebuttal -

order by-
Journal of First Congress, 1774-75, exhibiting report of commit-

that no Senator shall speak more than once, nor to exceed
tee to draft a commission to Gen. George Washington........... 239 fifteen minutes on one question, during final deliberations :
letter of James Guthrie, Secretary of the Treasury, Aug. 23,

offered, 320; rejected, 320; (yeas 19, nays 30.)
1855, as to practice of Government in appointing officers during remarks by.........6, 11, 12, 23, 25, 26, 27, 54, 61, 63, 72, 79, 88, 91, 107,
recess to fill.vacancies existing before aujournment.......... 239

114, 120, 121, 147, 159, 162, 108, 173, 185, 201, 203, 224, 227,
copy of indietment in case of Foster Blodgett in district court of

231, 238, 246, 248, 250, 251, 320, 342, 379, 398, 407, 411, 415
the United States for southern district of Georgia.....

240
questions by

....... 91, 173, 224
list of the various officers in United States affected by the Pres. opinion on the case.

500
ident's claim of right to remove at pleasure and appoint ad Howe, Timothy 0., a Senator from Wisconsin-
interim, their salaries, &c..........

242 remarks by......... 12, 160, 166, 170, 174, 201, 202, 247, 250, 342, 408
Ewing, Thomas, sen., nomination of, to be Secretary of War...... 175, opinion on the case.....

492
182, 221, 234 | Hudson, William N. :-see Witnesses.
F.

I.
Ferry, Orris S., a Senator from Connecticut-

Impeachable crimes, definition of......................................

......... 29, 41, 343
orders by-

Impeachment-see Articles.
that the hour of meeting be at eleven a. m., and that there be a

J.
recess of thirty minutes each day at two p. m.: offered and
rejected, 175; (yeas 24, nays 26.)
Johnson, Andrew, President of the United States-

3
that tabular statements presented by Man'r Butler be omitted

articles of impeachment....
return of summons.....

6
from published proceedings: offered, 209; adopted, 210.
remarks by................ 63, 111, 175 199, 209, 210, 234, 238, 248, 414

called by proclamation .....

..6, 11

6
questions by
199 appearance entered and counsel named.

6
opinion on the case...

451
forty days asked to prepare answer.....................

12
Ferry, Thomas W. :-see Witnesses.

answer to articles......

51
Fessenden, William P., a Senator from Maine-

oath of office, April 15, 1865.....
remarks by ....

........59, 89, 110, suspension of Edwin M. Stanton, Secretary of War, and designa-
111, 156, 248, 249, 312, 406, 407, 410, 411
tion of Gen. Grant Secretary ad interim communicated to

51
question by.........

Senate Dec. 12, 1867. ...
89

53
opinion on the case..

452

Senate's non-concurrence in, communicated.
Fowler, Joseph S., a Senator from Tennessee--

removal of Edwin M. Stanton, Secretary of War, and desig.
remarks by..

.........59, 92, 248
nation of Lorenzo Thomas Secretary ad interim

53
Frelinghuysen, Frederick T., a Senator from New Jersey-

municated to Senate Feb. 21, 1868......
order by

Senate's denial of power to remove and appoint communi-
that as many of Managers and Counsel as shall choose be

cated..

54
permitted to speak on final argument: offered and laid over,

appointment of Edmund Cooper Assistant Secretary of the
147 ; discussed, 160; tabled, 163; (yeas 38, nays 10.)

Treasury...

... ...... 55, 56
remarks by...

80
.63, 147, 160, 161, 251, 407

order that Adjt. Gen. Thomas resume his duties......
question by.

63

instructions to Gen. Grant not to obey orders from War Depart-
opinion on the case.
520

80
ment, unless, &c..........

letter to Gen. Grant in regard to his having vacated the office of
G.
Secretary ad interim..

81

90
Grimes, James W., a Senator from Iowa-

telegram to Gov. Parsons.
order by-

message communicating report relating to amendment of the

92
that hereafter the hour of meeting shall be twelve o'clock m.

Constitution. ......
each day, except Sunday: offered, 279; adopted, 294; (yeas

reports of speech Aug. 18, 1866, in reply to Hon. Reverdy John-

100
21, nays 13.)
remarks by.

at Cleveland, Sept. 3, 1866

107, 108, 109
...........6, 26, 61, 98, 104,
201, 234, 236, 248, 249, 250, 279, 320, 337, 356, 370, 406

at St. Louis, Sept. 8, 1866....

.112, 114
opinion on the case

notification to Secretary of the Treasury, Aug. 14, 1867, of the
420
suspension of Mr. Stanton ........

119
Groesbeck, William S., of Ohio, Counsel-
argument, final, on the case.........

conversations with Gen. Emory.

.78, 79
310 with Gen. Wallace...............................................
with Mr. Wood.........

122
H.
with Mr. Blodgett .........

122, 123
Harlan, James, a Senator from Iowa-

with Adjt. Gen. Thomas.... ... ...... 137, 140, 142, 143, 146, 149, 150
opinion on the case......
............................... 435 with Lieut. Gen. Sherman.

.150, 151, 157, 173
Henderson, John B., a Senator from Missouri-

with Mr. Cox.

197, 198, 200, 201
orders by-

with Mr. Merrick

204, 205
that application for thirty days to prepare for trial be post-

with Mr. Perrin.......

206
poned until after replication filed: offered, 27 ; not agreed

with Secretary Welles......

.221, 222, 234, 235
to, 27; (yeas 25, nays 28.)

tender of War Office to Lieut, Gen. Sherman. .150, 157, 158
that presiding officer may rule all questions of evidence, which nomination of Mr. Ewing Secretary of War, Feb. 22, 1868...... 175

ruling shall stand as the judgment of the Senate, unless some instructions to test Lorenzo Thomas's right to office, 200, 201, 204, 205
member shall ask a formal vote, in which case it shall be acquittal on Article XI..................

412
submitted to the Senate; or he may submit any such ques.

II.....

414
tion to a vote in the first instance, (amendment to Rule VII:)

III.......

415
offered, 63; agreed to, 63; (yeas 31, nays 19.)

Johnson, Reverdy, a Senator from Maryland-
that, subject to Rule XXI, all the Managers not delivering orders by-
oral arguments may file written arguments before April 21,

that trial proceed at the expiration of ten days, unless for
and Counsel not making oral arguments may file written

causes shown to the contrary: offered, 28.
arguments before April 27: offered, 249.

that Senate commence the trial 2d of April: offered, 28.
remarks by........

.27, 62, 63, 83, 88, that two of Managers be permitted to file printed arguments,
147, 159, 173, 233, 249, 250, 361, 412, 413, 414 &c.: amendment offered and adopted, 248.
questions by.........

88, 173, 233 remarks by

...6, 11, 26, 27, 28, 51, 53, 54, 55, 59, 70,
opinion on the case.........

516

71, 79, 83, 88, 90, 98, 103, 107, 118, 119, 120, 121, 130, 147, 159,
Hendricks, Thomas A., a Senator from Indiana-

162, 166, 168, 169, 170, 171, 173, 174, 175, 183, 184, 185, 186,
order by-

187, 191, 194, 195, 203, 205, 206, 207, 213, 216, 220, 223, 225,
that trial proceed with all convenient dispatch: amendment

227, 231, 236, 237, 238, 239, 240, 246, 247, 248, 250, 286, 302,
offered and agreed to, 28

310, 320, 335, 312, 350, 379, 406, 409, 410, 411, 412, 413, 415
prescribing form of final question : offered, 409.

questions by...

70,88,166, 169,227
remarks by ..........
.28, 63, 77, opinion on the case..

428
185, 210, 251, 342, 407, 409, 410, 411, 412 Jones, J. W.-see Witnesses.
opinion on the case............

490 || Judgment of acquittal entered ....

......

415

s011......

84, 85

.........

.............

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