Testimony for the prosecution-Continued.

Robert S. Chew: change in form of commissions after passage of civil-tenure act, I-351, 357; change
in plate for printing forms, I-352; list of appointments of heads of departments, I-353, 360, 361;
appointments of acting Secretaries of State, I-359; from whom, I-360, 361.

H. Wood: interview with President, September, 1866, I-372; President and Congress, I-373; pat-
ronage, I-373; statement to Mr. Koppel, I-373, 374, 375.

Foster Blodgett: suspension from office of postmaster at Augusta, Georgia............
Testimony for the defence-

...I-375

Lorenzo Thomas: service, I-415, 432; restoration to duty as Adjutant General, I-416, 417, 433;
appointment as Secretary of War ad interim, I-418, 433, 434, 435, 436; letter of Mr. Stauton, I-420;
arrest, I-427, 441; interviews with Secretary Stanton, I-417, 418, 419, 428, 429, 437, 460; with Pres-
ident, I-417, 418, 426, 427, 428, 430, 437, 438, 439, 452, 453; with Mr. Burleigh, I-431, 439, 440, 442, 452;
with Mr. Karsner, I-431, 432, 442, 449, 453; with Mr. Wilkeson, I-439; with B. B. Johnson, I—
454, 455; use of force, I-420, 429, 430, 431, 440, 441, 442, 443, 444; testimony before House commit-
tee, I-433, 442, 449, 457, 458, 459; would obey President's orders, I-434, 435, 437, 443; address to
clerks, I-450; corrections of testimony, I-452.

William T. Sherman: duties in Washington, December, 1867, I-460, 461; interviews with President,
1-461, 481, 483; tender of appointment as Secretary of War ad interim, I-461, 483, 485, 517; Pres-
ident's declarations of purpose in making tender, I-485, 517, 518, 521, 528, 529; use of force, I-529,
530.

R. J. Meigs: warrant of arrest of Lorenzo Thomas, I-508, 516; docket of entries, I-517, 531.
D. W. C. Clarke: nomination of Thomas Ewing, sen., to be Secretary of War, February 22, 1868,
I-537; when received, I-537, 555.

William G. Moore: nomination of Mr. Ewing to be Secretary of War, I-556; when received, I-556;
and delivered, I-557.

Walter S. Cox: counsel for Adjutant General Thomas, I-595, 596; employed by President, I-597,
613; President's instructions, I-605, 609; proceedings and their purpose, I-606-609, 612-617; appli-
cation for habeas corpus, I-606-609; preparation of quo warranto, I-612; making a test case, I-
605, 611, 612; J. H. Bradley, 1-614; discharge of Thomas, I-609, 617.

Richard T. Merrick : employment in case of General Thomas, I-617-623; report to President, I-618;
President's instructions, February 22, in respect to obtaining habeas corpus, I-620; acts in refer-
ence thereto, I-620, 621; discharge of Thomas. I-622.

Edwin O. Perrin: interview with President, February 21
Wm. W. Armstrong: President's speech at Cleveland
Barton Able: President's speech at St. Louis..
George Knapp: President's speech at St. Louis

.I-623, 624

I-634-637

.I-637-640

I-640-643

Henry F. Zider: President's speech at St. Louis, I-643; corrections, I-643, 644; differences in re-
ports, I-646-653.

Frederick W. Seward: practice in appointments of vice-consuls

..I-660, 661

Gideon Welles: date of commission, I-663, 701; movements of troops, February 21, 1868, I-663,
702, 703; conversation with President, I-664, 674, 675; removal of Mr. Stanton, I-666, 667, 674;
appointment of Mr. Ewing, February 22, I-664, 702; consideration of civil-tenure act in cabinet,
1-675, 693, 697, 700.

Edgar T. Welles: form of navy agent's commission, I-704; movement of troops, I-705, 706.
Alexander W. Randall: date of commission, I-707; suspension of Foster Blodgett, I-707-715; law
by which he was suspended, I-711; indictment, I-712, 713, 714, 719; explanation, I-726, 727.
Thayer, John M., a senator from Nebraska..

.I-11
..III-381
..I-184, 208, 489, 490, 536, 606. II-8, 472, 493

remarks on the competency of the President pro tempore to sit as a member of the court..
remarks by...

Thomas, Lorenzo-

rank and service of.

restoration of, to duty as Adjutant General.
appointment of, Secretary of War ad interim..
Senate resolution on, communicated to...
letter of, accepting

demand of, for possession..
conversations of-

with President..

with Secretary Stanton..

with Mr. Burleigh.

with Mr. Wilkeson

.I-415, 432
..I-240, 256, 416, 417, 433
.I-156, 248, 418, 433, 434, 435, 436

.I-157, 158

..I-369

..I—164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 220, 221, 222, 223, 232

with Mr. Karsner.

with Mr. B. B. Johnson

declarations of, to clerks of the War Office..
intentions of, as to obtaining possession..
arrest of, and proceedings thereon...

Tickets, order, (în Senate,) that during the trial, no persons besides those who have the privilege of the
floor, &c., shall be admitted except upon, issued by the Sergeant-at-arms.-[By Mr. Anthony.]
agreed to..

Tinker, Charles A. (See Testimony.)

Tipton, Thomas W., a senator from Nebraska

I-10
I-11

remarks by....

opinion on the case

.I-297. II-187, 282, 483
.III-189

Trial, motion to fix a day for, to proceed-

discussed by-

Manager Butler

I-25

Mr. Nelson.....

I-28

Manager Bingham...

.I-32, 33

order that, unless otherwise ordered, the, proceed immediately after replication filed-[By Mr. Conkling.]

application of counsel for reasonable time, after replication filed, to prepare for.

1-83

order fixing the 30th of March for commencement of-[ By Mr. Conkling.]

offered and agreed to, (yeas 28, nays 24)...........

I-85

Trumbull, Lyman, a senator from Illinois.....

orders by-

that respondent file answer on or before 23d March: agreed to....

I-35

that as many of managers as desire be permitted to file arguments or address Senate orally; but
the conclusion of oral argument shall be by one manager, as provided by rule XXI:

offered....

adopted, (yeas 28, nays 22)

.II-11
.II-14

remarks by

.I-81, 160, 187, 188, 208, 209, 297, 451, 489, 528, 547, 631, 632, 673
II-7, 11, 12, 281, 308, 469, 470, 473, 475, 476, 488, 490, 492, 493, 495

that any two of managers, except those who open and close, and who have not addressed Senate,
may file written arguments before adjournment or make oral addresses 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 mana
gers' final reply under original rule: offered, II-3; disagreed to, (yeas 20, nays 26,) II—4.
that one of managers may file printed argument before adjournment, 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..
remarks by...

I-17

II-4
.............II-3, 4
.III-116

remarks on the competency of the President pro tempore to sit as a member of the court.......III-365, 366
orders by-

that consideration of respondent's application for time be postponed until managers have sub-
mitted their evidence: offered..

.I-85

not agreed to, (yeas 9, nays 42).

..I-86

that no senator shall speak more than once, nor to exceed fifteen minutes during deliberations on
final questions: offered

.II-218

postponed...

tabled, (yeas 28, nays 20)..

.....1-219
.II-474

that the question shall be taken on the eleventh article first, and thereafter on the other ten suc-
cessively as they stand: agreed to. (yeas 34, nays 19).

.II-484, 485

that the several orders heretofore adopted as to the order of voting upon the articles be
rescinded: offered

..II-490

agreed to.

..II-495

remarks by..I-85, 86, 187, 267, 497, 522, 524, 528, 634, 692, 706. II-218, 472, 479, 484, 487, 490, 492, 495, 496, 437
questions by..

remarks on motion relating to the number of speakers on final argument..

of advice to President by cabinet touching constitutionality of tenure-of-office act

.I-522, 692, 706

III-347
.I-4, 17
.II-230, 249
..I-491. II-6

..I-4, 17

.I-20
.....1-73

I-244, 246

.I-478, 479.
.1-602
..1-626

..I-681

I-12

Wilson, Henry, a senator from Massachusetts

remarks by..

opinion on the case

Witness. (See Practice.)

.........I-25, 31, 32, 86, 181, 184, 740. II-6, 141, 434, 473

question, Whether counsel can renew examination of a, recalled by court-[By Mr. Williams]..

discussed by-

III-214

...I-522

.I-522, 524, 526
.1-523

.1-524, 525, 527

.I-524

.I-528

I-375

Witnesses for the prosecution. (For analysis of testimony see Testimony.)

Blodgett, Foster, suspension from office.

Burleigh, Walter A., conversations with Thomas..

Chandler, William E., drawing money from treasury.

Chew, Robert S., form of commissions..

Clephane, James O., President's speech, August 18, 1866..

Creecy, Charles E., form of commission..

Dear, Joseph A., President's St. Louis speech..

Emory, William H., conversations with President; troops..

Hudson, William N., President's Cleveland speech..

Ferry, Thomas W., demand of War Office.

Jones, J. W., service of Senate resolution..

Karsner, George W., conversations with Thomas..

McDonald, William J., service of Senate resolutions..

McEwen, Daniel C., President's Cleveland speech..

Moore, William G., corrections President's speech, August 18, 1866..
Moorhead, James K., demand of War Office.

Sheridan, James B., President's speech, August 18, 1866.

Smith, Francis H., President's speech, August 18, 1866..

Stark, Everett D., President's Cleveland speech..

Tinker, Charles A., telegrams..

Van Horn, Burt, demand of War Office..

Walbridge, L. L., President's St. Louis speech

Wallace, George W., conversations with President; troops.

Wilkeson, Samuel, conversations with Thomas..

Wood, H., interview with President.....

Witnesses for the defence-

Able, Barton, President's St. Louis speech..

Armstrong, William W., President's Cleveland speech..

Clarke, D. W. C., nomination of Mr. Ewing.

Cox, Walter S., test case..

Knapp, George, President's St. Louis speech....
Meigs, R. J., arrest of Thomas.

Merrick, Richard T., case of Thomas; habeas corpus..
Moore, William G., nomination of Mr. Ewing..
Perrin. Edwin O., conversations with President..
Randall, Alexander W., Foster Blodgett's case..
Seward, Frederick W., practice in appointments..
Sherman, William T., tender of War Office....
Thomas, Lorenzo, appointment; acts; conversations
Welles, Edgar T., form of commission; troops
Welles, Gideon, troops; "cabinet counsels.

Zider, Henry F., President's St. Louis speech.....................

Y.

that four of managers and counsel be permitted to make printed, written, or oral arguments, the
manager to have opening and closing, subject to Rule XXI; offered...........
disagreed to, (yeas, 18, nays 31)....

of President's declarations to Adjutant General Thomas, February 21, (yeas 42, nays 10)
of President's conversation with General Sherman, (yeas 23, nays 28)..

opinion on the case

Yeas and nays on-

adjournment.

adjournment over.

.I-336, 371.

admissibility of Adjutant General Thomas's declarations to Walter A. Burleigh,
to clerks of War Department, (yeas 28, nays 22)..

of President's letter to General Grant, without enclosures, (yeas 29, nays 20).
of testimony relating to appointment of Edmund Cooper, (yeas 22, nays 27).
of telegrams between President and Lewis E. Parsons, (yeas 27, nays 17)..
of Leader's report of President's speech at Cleveland, (yeas 35, nays 11)

in regard to tender of War Office, (yeas 23, nays 29)

.I-276, 298, 390, 489, 490
II-471, 488, 489, 494, 495

(yeas 39, nays 11)..1-209

I-214

.I-247

.1-268

..I-276

.I-325

.I-426

..I-481

I-484

of President's declarations to General Sherman-

of purpose to get case before the courts, (yeas 7, nays 44)

I-487

of purpose in tendering him the War Office, (yeas 25, nays 27)

.I-488

of Whether General Sherman gave President an opinion as to advisability of a change in the War
Office, (yeas 15, nays 35)

.I-507

of advice by General Sherman to President to appoint, &c., (yeas 18, nays 32)
of affidavit and warrant of arrest of Lorenzo Thomas, (yeas 34, nays 17)

.I-508

I-515

of Whether President stated to General Sherman his purpose in tendering him the office of Secre-
tary of War ad interim, (yeas 26, nays 22)

.I-518

of President's declaration of purpose to General Sherman in tendering him the office of Secretary
of War ad interim, (yeas 26, nays 25)

of extracts from records of Navy Department, (yeas 36, nays 15)..

.I-521
.I-568

Yeas and nays on admissibility-

of employment of counsel by President to get up test case, (yeas 29, nays 21)
of acts by counsel toward getting out habeas corpus in the case of Thomas, (yeas 27, nays 23).....I-609
of acts done subsequently to test Mr. Stanton's right, &c., (yeas 27, nays 23)
of President's declarations to Mr. Perrin, February 21, (yeas 9, nays 37)
to Secretary Welles, February 21, (yeas 26, nays 23).

.I-605

...I-612
...I-628
.I-674

of advice to President by cabinet as to constitutionality of tenure-of-office act, (yeas 20, nays 29).. I-693
of advice as to construction of tenure-of-office act, (yeas 22, nays 26)
of cabinet consultations in regard to obtaining a judicial decision, &c., (yeas 19, nays 30) .........I-700
in regard to use of force, (yeas 18, nays 26)..
......I-701

I-697

of opinions given to President by cabinet as to scope of tenure-of-office act, (yeas 20, nays 26)....I-716
of nominations of Lieutenant General Sherman and Major General Thomas to be generals by
brevet, (yeas 14, nays 35)..

appeals from decisions of Chief Justice

application of counsel for thirty days to prepare for trial, (yeas 12, nays 41)
argument, rule prescribing order of..

censure of Mr. Nelson, tabling order of, (yeas 32, nays 17).

authority of, to vote

Chief Justice, authority of, to rule questions of evidence.

consultation, motion to retire for.

coart of impeachment, unconstitutionality of, (yeas 2, nays 49).

impeachment of Andrew Johnson, resolution (in House) for the, (yeas 126, nays 47).
resolution (in House) to prepare articles of, (yeas 126, nays 42)

rule (in House) limiting debate, when articles of, are reported, (yeas 106, nays 37)

order for trial to proceed forthwith upon filing replication, (yeas 25, nays 26).
immediately after replication filed, (yeas 40, nays 10)

I-738
....II-488. III-394
.1-82
..II—4, 5, 8, 12, 13, 14
.II-307
..I-186
...I-185

for respondent to file answer before 20th March, (yeas 28, nays 20; and yens 23, nays 27)

in respect to unconstitutionality of court of impeachment, (yeas 2, nays 49).

.I-85, 185
..I-36

..I-2

.I-2, 3

.1-3

I-25

I-33

I-35

I-36

postponing application for thirty days to prepare for trial, (yeas 25, nays 28; and yeas 9, nays 42). I-81, 86
directing trial to commence 30th March, (yeas 28, nays 24)

.I-85

denying authority of Chief Justice to vote, (yeas 22, nays 26)

..1-185

denying authority of Chief Justice to give casting vote, (yeas 22, nays 27)..

.I-187

denying privilege of Chief Justice to rule questions of law, (yeas 20, nays 30).

directing questions to be submitted to Senate, on request, (yeas 31, nays 19)
mode of procedure on finai argument

PRELIMINARY PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES

IN THE IMPEACHMENT OF ANDREW JOHNSON,

PRESIDENT OF THE UNITED STATES,

FOR HIGH CRIMES AND MISDEMEANORS.

FORTIETH CONGRESS, SECOND SESSION.-Hon. SCHUYLER COLFAX, Speaker.

IN THE HOUSE OF REPRESENTATIVES,

Friday, February 21, 1868.

Mr. COVODE. I rise to a privileged question. I offer the following resolution:
Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misde-

meanors.

Mr. WOOD. I object.

The SPEAKER. It is a privileged question.

Mr. BOUTWELL. I move to refer it to the Committee on Reconstruction. The motion was agreed to.

Mr. COVODE moved to reconsider the vote by which the resolution was referred; and also moved to lay the motion to reconsider on the table. The latter motion was agreed to.

SATURDAY, February 22, 1868. Mr. STEVENS, of Pennsylvania, presented from the Committee on Reconstruction the following report, with an accompanying resolution; which was considered:

The Committee on Reconstruction, to whom was referred, on the 27th day of January last, the following resolution:

Resolved, That the Committee on Reconstruction be authorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws; and to that end the committee have power to send for persons and papers and to examine witnesses on oath, and report to this house what action, if any, they may deem necessary; and that said committee have leave to report at any time.

And to whom was also referred, on the 21st day of February, instant, a communication from Hon. Edwin M. Stanton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M. Stanton, as follows:

EXECUTIVE MANSION, Washington, D. C., February 21, 1868.

SIR: By virtue of the power and authority vested in me, as President, by the Constitution and laws of the United States, you are hereby removed from office as Secretary for the Department of War, and your func tions as such will terminate upon the receipt of this communication.

You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge.

Respectfully, yours,

Hon. EDWIN M. STANTON, Washington, D. C.

ANDREW JOHNSON.

And to whom was also referred by the House of Representatives the following resolution, namely:
Resolved, That Andrew Johnson, President of the United States, be impeached for high crimes and misde-

meanors

Have considered the several subjects referred to them, and submit the following report:

That in addition to the papers referred to the committee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas, directing and suthorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and papers, and other public property in the War Department, of which the following is a copy:

EXECUTIVE MANSION, Washington, February 21, 1868. SIR: Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately