Lawrence, William, a Representative from Ohio-

remarks by....

54

Perrin, Edwin O.-see Witnesses.

343

remarks by......

147,

247, 368, 412

478

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..........

Moore, William G.- -see Witnesses.

Moorhead, James K.- -see Witnesses.

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-

.127, 331, 408, 409
474

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.

remarks by..

opinion on the case..

63, 145, 406, 408, 413, 414
480
.......8, 28, 225, 320, 411

Morton, Oliver P., a Senator from Indiana-

remarks by........

...... 166,

but after question is asked, it is competent for Managers to
state objections to its being answered.....

169, 170
......... 189, 170

it is competent for Senate to recall any witness.

169

if Managers desire to cross-examine they must cross-examine
before dismissing witness.......

173

an application for an order of Senate to furnish a statement
from its records can only be addressed to Senate in legislative
session......

194

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.]

9

Mr. Conkling.
Mr. Conness.
Mr. Hendricks.
Mr. Sumner......

views of Chief Justice on form of putting.

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
final, on the case..
294
remarks on the Alta Vela letter............336, 337, 341, 342, 343, 350
0.

Oath administered to Chief Justice
to Senators.....

.........

5

...5, 6, 12

Officers, territorial and executive, list of, with their tenures.
Opinion: order, that each Senator shall be permitted to file, within
two days after the vote shall have been taken, his written, to
go on the record—[By Mr. Morrill, of Vermont:] offered, 408;
agreed to, 409.

filed by-

179

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.]

510

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

523

438

515

424

451

452

520

420

435

516

R.

490

500

Ramsey, Alexander, a Senator from Minnesota-

492

remarks by......

428

Randall, Alexander W.-see Witnesses.

Replication, read and filed....

Ross, Edmund G., a Senator from Kansas-

motion by....

Mr. Pomeroy

Mr. Sherman.

478

Rule VII, order amending, in respect to submitting questions of
evidence, &c., to Senate-[By Mr. Henderson.]

433

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

463

488

VII, order amending and requiring votes upon incidental ques-
tions to be without a division, unless demanded, &c.-[By
Mr. Drake.]

431

offered, 77; agreed to, 92.

461

XX, construction of..........

70

Mr. Patterson, of New Hampshire.........

Mr. Tipton

Mr. Trumbull..

Mr. Van Winkle.

Mr. Vickers.

Mr. Williams..

Mr. Wilson.....
Mr. Yates

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

414

amendment, that the fifteen minutes allowed by, shall be for
the whole deliberation on the final question, and not to the
final question on each article-[By Mr. Drake.]
offered, 408; adopted, 409.

Rules-see Practice.

of procedure and practice.......

of Senate sitting in legislative session, adopted for guidance of
court, as far as applicable.......

Rulings-see Evidence; Practice.

Senators, oath administered to.......

S.

Seward, Frederick W.-see Witnesses.
Sheridan, James B.-see Witnesses.
Sherman, John, a Senator from Ohio-

orders by-

5

.147, 174

....5, 6, 12

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
questions by.
.88, 186, 238
446

opinion on the case...

Sherman, William T.-see Witnesses.

Smith, Francis H.-see Witnesses.

Sprague, William, a Senator from Rhode Island-

remarks by.........

..........156, 249, 274, 413

Stanbery, Henry, of Kentucky, Counsel→

motions by-

27; (yeas 12, nays 41.)

for an allowance of forty days to prepare answer, 6; denied, 8.
for an allowance of thirty days to prepare for trial, 23; denied,

argument by-

on application for forty days to prepare answer.

for thirty days to prepare for trial.

on admissibility-

6, 7

25

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...........

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, 351, 406, 408, 409, 410, 412, 415
463

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

Mr. Stanbery........

withdrawn...............................

171

173

offered and agreed to, 28; (yeas 28, nays 24.)
Trumbull, Lyman, a Senator from Illinois-
orders by-

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.)

remarks by....

...27, 55, 63, 64, 70, 98, 147, 160,
172, 179, 209, 224, 249, 250, 342, 351, 406, 407, 408, 412, 413, 414
opinion on the case.......

V..

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 lresses 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; (yeas 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.

417

431

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........

54

54

56

58

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

.84, 85

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......
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.

Witnesses for the prosecution-Continued.

111, 112
.113, 114

L. L. Walbridge: President's speech at St. Louis, Sept. 8,
1866..
Joseph A. Dear: President's speech at St. Louis.....................................
Robert S. Chew: change in form of commissions after passage
of civil-tenure act, 115, 116; change in plate for printing forms,
115; list of appointments of heads of Departments, 117;
appointments of acting Secretaries of State-from whom,
117, 118.

H. Wood: interview with President, Sept., 1866, 122; President
and Congress, 122; patronage-statement to Mr. Koppel, 122.
Foster Blodgett; suspension from office of postmaster at
Augusta, Georgia....

Witnesses for the defense-

122, 123

Lorenzo Thomas: service, 136, 142; restoration to duty as
Adjutant General, 136, 137, 140; appointment as Secretary
of War ad interim, 137, 142; letter of Mr. Stanton, 137, 149;
arrest, 140, 144; interviews with Secretary Stanton, 137, 140,
143, 148, 150; with President, 137, 140, 142, 143, 146, 149,
150; with Mr. Burleigh, 141, 144, 148; with Mr. Karsner,
141, 146, 147, 148; with Mr. Wilkeson, 143, 144, 145; with
B. B. Johnson, 148, 149; use of force, 141, 144, 145, 148;
testimony before House committee, 140, 148, 149, 150; would
obey President's orders, 142, 143; address to clerks, 147.
William T. Sherman: duties in Washington, Dec. 1867, 150,
163; interviews with President, 150, 151, 157, 173; tender of
appointment as Secretary of War ad interim, 150, 157, 158;
President's declarations of purpose in making tender, 169, 170,
173; use of force, 160, 173.

R. J. Meigs: warrant of arrest of Lorenzo Thomas, 166, 169;
docket of entries, 173, 174.

D. W. C. Clarke: nomination of Thomas Ewing, sen., to be Sec-
retary of War, Feb. 22, 1868, 175, 182; when received, 175, 182.
William G. Moore: nomination of Mr. Ewing to be Secretary
of War, 182; when received, 182; and delivered, 182.
Walter S. Cox: counsel for Adjt. Gen. Thomas, 197; employed
by President, 197, 193, 200, 201; President's instructions, 200,
201; proceedings and their purpose, 203, 204; application for
habeas corpus, 201, 202, 203; preparation of quo warranto,
203, 204; making a test case, 200, 203; J. H. Bradley, 203;
discharge of Thomas, 204.

Richard T. Merrick: profession, 204; employment in case of
Gen. Thomas, 204; report to President, 204; President's
instructions, Feb. 22, in respect to obtaining habeas corpus,
204, 205; acts in reference thereto, 205, 206; discharge of
Thomas. 206.

of employment of counsel by President to get up a test case,
(yeas 29, nays 21,).............

200

201

203

208
225

231

232

233

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

234

238

246

412

27

121

of acts by counsel toward getting out a habeas corpus in the
case of Thomas, (yeas 27, nays 23,).......

of acts done subsequently to test Mr. Stanton's right, &c.,
(yeas 27, nays 23,).

of President's declarations to Mr. Perrin, Feb. 21, (yeas 9,
nays 37,).......

to Secretary Welles, Feb. 21, (yeas 26, nays 23,)............... ........
of advice to President by Cabinet as to constitutionality of
tenure-of-office act, (yeas 20, nays 29,).........

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,).........
in regard to the use. of force, (yeas 18, nays 26.).
of opinions given to President by Cabinet as to the scope of
tenure-of-office act, (yeas 20, nays 26,).

of nominations of Lieut. Gen. Sherman and Maj. Gen. Thomas
to be generals by brevet, (yeas 14, nays 35,).
appeal from decision of the Chief Justice.......
application of Counsel for thirty days to prepare for trial, (yeas

12, nays 41,)...............................

for time to prepare proofs, (yeas 37, nays 10,).

argument, rule prescribing order of..........247, 248, 249, 250, 251
censure of Mr. Nelson, tabling order of, (yeas 32, nays 17,).............. 351
Chief Justice, authority of, to rule questions of evidence.... 03
authority of, to vote.......
consultation, motion to retire for....

63

.220, 221

.28, 62
court of impeachment, unconstitutionality of the, (yeas 2, nays
49,).

12

8

suls.....
Gideon Welles: date of commission, 221, 234; movements of
troops, Feb. 21, 1868, 221, 222, 234, 235; conversation with
President, 222, 225; removal of Mr. Stanton, 225; appointinent
of Mr. Ewing, Feb. 22, 221, 234; consideration of civil-tenure
act in Cabinet, 225, 232, 234.

Edgar T. Welles: form of Navy agents' commission, 235; move-
ment of troops, 235.

Alexander W. Randall: date of commission, 235, 236; suspen-
sion of Foster Blodgett, 236, 237, 238, 239, 242; law by which
he was suspended, 237; indictment, 236, 237, 239, 240;
explanation, 242.

order for trial to proceed forthwith upon filing replication, (yeas
25, nays 26,)........................... ........

immediately after replication filed, (yeas 40, nays 10,).......... 11
for respondent to file answer before 20th March, (yeas 28, nays
20, and yeas 23, nays 27,)...........

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

postponing application for thirty days to prepare for trial, 27,
(yeas 25, nays 28;) and 28, (yeas 9, nays 42.)

∞ 2 2

12

Yeas and nays on-

adjournment....

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

..92, 127, 160

adjournment over....................

sine dir, (yeas 34, nays 16).......

admissibility of Adjt. Gen. Thomas's declarations to Walter A.
Burleigh. (yeas 39, nays 11,)...........

to clerks of War Department, (yeas 28, nays 22,)............
of President's letter to Gen. Grant, without inclosures, (yeas
29, nays 20,)...............

.111, 121, 406, 412, 413

for reporting deliberations on final question..

proposing to receive all evidence, not trivial, without objec
tion......

mode of procedure on final argument.....175, 247, 248, 249, 250
fixing hour of meeting.......
.......175, 209, 294, 351

195

.810, 407

for filing opinions..........

408

prescribing form of final question...........

409

of testimony relating to the appointment of Edmund Cooper,
(yeas 22, nays 27,)..

directing vote to be taken on eleventh article first, (yeas 34,

72

nays 19,)

411

question, final, of Guilty" or

"Not guilty".

83

on Article XI, (ycas 35, nays 19.)

412

II, (yeas 35, nays 19.)

414

89

III, (yeas 35, nays 19.)

415

of telegrams between President and Lewis E. Parsons, (yeas
27, nays 17,)....

rule limiting debate on final question..

320

92

of Leader's report of President's speech at Cleveland, (yeas

Z.