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 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,
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......
Burleigh, Walter A.-see Witnesses.
Butler, Benjamin F., of Massachusetts, a Manager-
on motion to fix a day for trial to proceed..
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- I called by court....
of appointment of Edmund Cooper to be Assistant Secretary of the Treasury....
of telegrams relating to the reconstruction of Alabama...90, 91 of Chronicle's report of President's speech in reply to Hon. Reverdy Johnson
..95, 96 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 197, 198, 199, 200 of President's declarations to Mr. Perrin, Feb. 21.......206, 207 to Secretary Welles 222, 224
Chief Justice, oath administered to............... casting vote given by.
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 Mr. 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.]
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. that 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, 165, 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.
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.
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.)
.77, 92, 159, 175, 202, 209, 247, 249, 412, 413 opinion on the case......... Drake, Charles D., a Senator from Missouri- orders by-
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..
opinion on the case.
Emory, William H.-see Witnesses.
Evarts, William M., of New York, Counsel-
of President's declarations to Mr. Perrin...... to Secretary Welles......
....223, 224, 225 of advice to President by his Cabinet touching the consti- tutionality of the tenure-of-office act........ touching the construction of the tenure-of-office act...231, 232 of Cabinet consultations in regard to obtaining a judicial decision, &c...........
233 240, 241, 242 .337, 343, 351, 361
of papers in Mr. Blodgett's case................................................................. final, on the case......
remarks announcing illness of Mr. Stanbery.
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]......
discussed by-
Man'r Butler
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
on right of counsel to renew examination of a witness recalled by court..
not received, 89; (yeas 22, nays 27.)
of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb. 21, 1868........
telegrams between President and Lewis E. Parsons, Jan. 17, 1867, in relation to constitutional amendment and recon- struction of Alabama: (objected to by Mr. Stanbery)...... 90 discussed by-
of President's letter to Gen. Grant, unaccompanied with inclosures.....
of appointment of Edmund Cooper to be Assistant Secre- tary of the Treasury..
of telegrams relating to the reconstruction of Alabama... 90, 91 of Chronicle's report of President's speech in reply to Hon. Reverdy Johnson.......
Evidence-Continued. admissibility 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)..... 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)..
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).
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.. Man'r Bingham
admitted.....
.....................................................
extracts from records of Navy Department, exhibiting practice in respect to removals: (objected to by Man'r Butler)...... 183 discussed by-
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.)......... 201 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)..
admitted, 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'r Butler).. discussed by-
not admitted, 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)..
not admitted, 159; (yeas 7, nays 44.)
President's declaration of purpose in tendering Gen. Sher-
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
man the appointment of Secretary of War ad interim : (objected to by Man'r Bingham).
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).
Mr. Evarts...........................................................................................
Mr. Curtis................................................................................................... .226, 227, 230, 231 Man'r Wilson...
not admitted, 231 (yeas 20, nays 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)....... discussed by-
Mr. Evarts......
Man'r Butler........
not admitted, 232; (yeas 22, nays 26.)
not admitted. 166; (yeas 15, nays 35.)
advice to President to appoint some person in place of Mr.
Stanton: (objected to by Man'r Butler.)...........................
affidavit of Edwin M. Stanton and warrant of arrest of Lorenzo
Cabinet consultations in regard to obtaining a judicial decis-
ion on the constitutionality of the tenure-of-office act: (objected to by Man'r Butler).........................
question, Whether any suggestions were made in Cabinet
Mr. Evarts.............
Mr. Stanbery.
admitted, 168; (yeas 34, nays 17.)
looking to the vacation of any office by force: (objected to by Man'r Butler)........
at St. Louis, Sept. 8, 1866, in St. Louis Times forms of various commissions as issued by President before and after the passage of civil-tenure act.......................... list of removals of heads of Departments at any time by Presi- dent during the session of Senate......
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). not admitted; (yeas 14, nays 35,)... 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...... 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 communicating 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-
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......
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, 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.... 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.....
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. 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..
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.
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 Oflice Department, showing removals of postmasters during session of the Senate and ad interim appointments....
copy of President Adams's commission to George Washington, July 4, 1798, constituting him Lieutenant General of the Army 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 order of General of the Army, to Gen. Thomas, to resume duties as Adjutant General.
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
called by proclamation. .63, 111, 175 199, 209, 210, 234, 238, 248, 414
opinion on the case......
Ferry, Thomas W.-
Fessenden, William P., a Senator from Maine-
appearance entered and counsel named.. forty days asked to prepare answer................ answer to articles.....
oath of office, April 15, 1865.......
111, 156, 248, 249, 312, 406, 407, 410, 411
suspension of Edwin M. Stanton, Secretary of War, and designa- tion of Gen. Grant Secretary ad interim communicated to Senate Dec. 12, 1867......
Fowler, Joseph S., a Senator from Tennessee-
Frelinghuysen, Frederick T., a Senator from New Jersey- order by-
Senate's non-concurrence in, communicated.. removal of Edwin M. Stanton, Secretary of War, and desig nation of Lorenzo Thomas Secretary ad interim municated to Senate Feb. 21, 1868....
Senate's denial of power to remove and appoint communi- cated........
201, 234, 236, 248, 249, 250, 279, 320, 837, 356, 370, 406 opinion on the case
notification to Secretary of the Treasury, Aug. 14, 1867, of the
suspension of Mr. Stanton......
Groesbeck, William S., of Ohio, Counsel-
argument, final, on the case.........
Harlan, James, a Senator from Iowa-
opinion on the case..
Henderson, John B., a Senator from Missouri-
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. remarks by...
.137, 140, 142, 143, 146, 149, 150
with Mr. Merrick
with Mr. Perrin.......
with Secretary Welles.......
150, 151, 157, 173 .197, 198, 200, 201
.221, 222, 234, 235 .....150, 157, 158
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......
185, 210, 251, 342, 407, 409, 410, 411, 412 490
Jones, J. W.-see Witnesses.
Judgment of acquittal entered.....................
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