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MI
EN
VOLUME LXXXIII.
MST EDITION.
.110E - 1.4 - vm cpcxxocK. M.
PENNSYLVANIA; , EOISPr:JEE.
'".
Ctipecial Dispatch to the Pittsburgh Gazette.]
El'AniusannO lAptil 13, 1868.
SENATE.
DILLS PASSED FitiALLY.
The following Rouse bills passed finally:
Authorizing the authorities of . ; Irwin
boroUgh, Westniooblan ' d county, to erect a
lock-u P-
Providing for appeals from, assess rents
eft Property Witatmoreland-couii4.
To prevent fishing with seines or nets in
Redstone Creek, Fayette. county.
Supplement to act extending the limits of
Bridgewater borough, Beaver county.
.kiithbrizhig theeinnmissibfierabf Greene
,countite reVise and equalize assessments
in thos9yenlitownslilzs t
rixing the numberefetcing
council lien iii - EbEiusiatig borough, Cam
bria county 7 Preseribing terms of
office, and providing for filling vacancies.
IncorpOrlitlitg Cherry Tree Male and. F
emale College, fbr Cambria, Indiana 'and
Westmoreiand. counties.
Authorizing the School Board of Slippery
Rock township, Butler county. to borrow .
monei,
Providing for Inspectors of Salt in Pitts
'burg and Allegheny cities, and fixing a
standard weight for salt.
• Authorizing F, L. Snowden to sell cer
iiiiti.rial estate - ft'
Establishing a ferry over the Youghio
gh.q...s.l4'Yer .."4.71-dWtor,i;,2Strition, Fayette
county.. •
sniqamiiit'for PittArdrill and Miners
-Tillie Passenger Railway Company, as
amended Op; Stitnidif in Senate' Com
mittee.
Incorpotatryitt Mird#ig and Sayings As
.
sedation of Allegheny City. ,
`-• I: iilirbniinn IF PECILADELPILIA: '
The Governor has appointed. James
as P.66o'riler - of Philadelphia tor ten years.
Co . firmed. , •
Ix-,,the a4erglxm the confirmation of Gen.
Given, as Recorder of Philadelphia,. was
reconsidered and laid over.
— 7li:bilge 'number - of Tfonsftifuendlnents
were concurred in. -'
Adjourned till 8 o'clock.
sEsstos.
The Senate again confirmed the nomina
tion of Colonel James Given, IL9 Recorder of
' " •
The Senate ; concurred in large numhq
cif souao amendnients to bills and
I HOUSE. OF REPRESENTATIVES.
REGISTRY LAW. •
,
The House niet at two. •
• 1 Mr; :CHALFANT, Dent., of Montour,
Called: the;:ittention of the House to the
fact that, the registry law had been signed
by the'Goveruor and an official report cer
.
tified to containing twenty-one sections,
• IN-hereas as`it passed the Legislature it con
tailed but'thice ",longSpetiOS i He offered
4 resolution for iiitestfgritiou and - charged
t 'loll'.bills had -been tinnOredvith by un
authorized, persons in. the transcribing
rooms after final passage. The Houseore
fused to consider the resolution.
-..• ....-,--YEIILIG. RILLS-PASSED FINALLY.
Senate tull.kl.vbig.Ccturts power to define
boundariesl.ricptainsases pc devisees arid
conVeYaried fot life er term' of yeari.
Senate bill relating to fees of witnesses`
in hearing on :writs of hapeya coypus.
The House bill exempting from paymezt
of taxes the., prciclucts of forest and hewn
' tiinber . itselividing the Monotigitlielit'Slack
water, was defeated.
The t.lionse 'receded from jts arirndment
to the eight hour labor bill. ,
l'lr, 7ifcqia , 7 bill ; for,sthe better,praection
• and' SaTetY 'or priiiiengers on railroads, was
• defeated :
.
' The House bill ettending thelnrisdiction
of Justices of the Peace to cases of three
huragio2delitti l s4a.s defeated.l • .:
Mr. FORD, of Allegheny,. called up the
tgiiiit c e , hill' exempting 'the - Pittaburgh
. ,Clirc Guild from taxation to the amount
of sixteen - thousand dollars. • Passed
Adjourned till 8y o'clock.
. :Senate bill requiring telegraph conapa
----nies‘to makeyearly reports to the-Auditor
Geniai, and:. arfolr..
t , resoltition for codifi
eatiol ftf rail/014)111d telegraph laws of the
)Cornmonwearth, passed filially:
; .1 : "EVENING SESSION:
Action on the conference report on the
. Philadilphia and Pittsburgh Cos Inspector
bill having been delayed till so late in the
session, the bill *regarded as defeated.
. _
The Muse concurred in a number of
Seriate arnenduainti and - adjourned.
:NOMINATION FOR SPEAKNIt OF SENATE.
The Republican . Senators this afternoon
nomimited fer Speaker of the Senate Hon.
Wilmer Worthington of Chester
THE . CAPITAL.
:IVlTisrcizircvr.,o2ci Apiit 13,1868
, , • . , lAN MATTERS.
Information has been received at the
iurcan of iinai ri Affairs thgti 'the Peace
Vommissioneetere et-Larsmiew4uni two ,
leindied..lodgits of hostile Sioux are there
encamped, Spd-Urge numbers, Of ,
Ogalla
labs and Witte 'Motor. ~hundred
lodges of . lifinneebta Oonjours, Uncpappa
and other bands are on their way and are
expected at Larainle soon.
• nomisrzen raw IN AIIKANI4Ai.
&Ports to the General Land Office from
•
Clarksville, „Ailiansas, show that during
Feint twenty _ -one farms,, comprising
13,496 - scretr, were added to the pr*uctive
force of tir Eit'ate tuideT the homestead act .
,
, thtei of - the Victims.
„,
7 4 :1 °.7 t elfiP*Otte tate Pec t leurge Gazette .j.
13.LThe body
,-.l)ti* - • Soda was forind - nesr„Gleisooe th*
morning, the first body from the Sea Bird
that has come ashore.
. ,
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IME
ME
SECOND EMTIOI.
FOUR o.crr-coci.c. A. M.
tr
TORT
The Impeachment Court---Gen.
Sherman's Examination Re
sumed--His Opinions as to the
Propriety of the Removal of
Stanton Objected to and Ruled
Out-lie iitAlloxved - to Testify
as. to Whiit Wits Said by the
President.
ByTelegraph to the Pittsburgh Gazette.),
WASEEINGTON, April 13, 1843
SENATE.
The reading of the journal was dispensed
with.
' The,CI:JUSTIOE staWd the questiofi
before the Court to be on the motion al
lowing`as many Managers and counsel to
participate in the final debate as may wish
to do so.
Senator SIMMER offered an amendment
that poitikniement should•
be caused thereby. Accepted.
Several amendments relative to the num
bers who shouldiclose, and length of•time
to be occupied by each, were made.
Mr. STANBERY said the counsel for the
defense were strongly opposed to the :lim
itation orAtrtiMe thErflual argitment.
- 11i:BUTEEIC intilniited that '11.5 Nvo uld
not take advantage of a chance to speak...
Mr. EVARTS said the result of the pro
sition as it now stood would give six
:nagers against - Ant; oWasel on the-elos
ing argument.
Senator DRAKE raised the point of order
that the Senate, sitting as a Court, could
not take such action. , , •
.
ruled, add a vote
The ,pOint was ovet _
taken, resulting thirty-eight to ten, so the
rifle remains unchanged. • ; ' •
EXAMINATION
•
Mr. STANBERY asked: After the resto
ration of Stanton did you form an opinion
as to the desirability, or as to the good of
the service, of the office of Secretary of War
bell* Midd: kV, another_ t,htui Stanton ?- If
so, did you express your opinion to the
President?
Objectierk made and argued by Mr. BING
<.
Mr. STANBERY replied that the ques
tion of intent was of vital importance.
They did not offer this testimony as an ab
stract opinion, but as the judgment foymed
and expressed by the second officer ;i the
service, for its good. He referred t the
relathms existing between the President and
Stanton, and claimed it was competent to
prove that distinguished Generals like
Grant and Sherman believed a change
should be made in the interest of the Gov
ernment. He appealed earnestly to the.
Senate, for the sake of justice, to admit the
•evidence.*: - ' • • • • -
Mr. BUTLER rejoined that by intro
ducing irreleVent testimony the law would.
be broken to defend albreaking of the law.
He said there would be no limit to the en
quiries which would he put to witnesses.
,The Managers could ask him if he had any
quarrel with Stanton, and if that infln
enced-his opinion,,so ithat the field would
be boundless. It seemed to be assnmedby
the other side that evil intent must be
proved by something the President had .
said, whereas it wasproved by his act in
',breaking the act. It *as also immaterial
'whether . Stanton was a fit man or not to be
retained in office. Evil could not be done
that good might come. Referring to the
remarks of Mr. Stanbery that Stanton did
not take part in the Cabinet council, he said
there was'no such thing contemniated by
the Constitution. --Members of the. Cabinet
were to be called on for advice respecting
affairs ,of their own departments. The
President must show that he never called
on Mr. Stanton for a written opinion, or
that he had given him :an order which he
had disobeyed.
Senator CONKLING enqpired if the
counsel litoposed to prove that Gen. Sher
man had advised the President to procure
the change in any particular way? '
Mr. STANBERY replied in the negative.
Witness had only expressed ..an - Opinion as
to the desirability of sonic change.
, Mr. EVARTS said it was, not merely a
question of hiving committed a violation
of law, which was punishable in another
Court by so small a penalty as six cents
fine or aew days' imprisonment, but it was
a question of the commission of an impeach
able offense n purdslinble bydeposition from
-the:highest otftee,: on. which question all
evidence in relation to motives was of thi s .
most vital importance.
Mr. BINGHAM held that the rules
evidence were the same on the trial of
beggar or a President.
Mr:EVARTS interrupted to say he had
not in his remarks supposed the President
to r be • on. trial• for a potty offense, and re
pelled the insinuation that he would -mete
out justice according to rank. .
Mr. BU GRAM continued in an earnest
appeal against the admission! of the testi
mony, and at the conclusien the yeas and
nays were taken—fifteen to thirty-five.
So the question was not admitted.
Senator JOHNSON. offered a question,
whether before the removal of Mr. Stanton
the.witness,had advised the President that
he should be removed and replaced?
The CHIEF JUSTICE said the Court
must decide whether the question should
be put, and the'Setuite decided in the nega
tive--vote eighteen to thirty-two.
• Mr:. STANBERY then said he had no
more questions to ask Gen. Sherman. , •
• The Managers declined to cross-examine
and the Court took a recess at 2:10..
On re -assembling, R. J. Meigs, Clerk of
the District Supreme Court, testified that
ho affixed the seal to a warrant foe,the ar
rest of Gen. Thomas about two o'clock on
themorning of February V.& • Mr.'Pile, of
Missouri, brought - it to him at his house.
in answeg, to Mr. „BUTLER, ho said he
6t such Uinta *fibre' in
cases of pressing necessity.'-",.. '
Mr. STANBERY :then offered to, put in
evidence the warrant,. and the , affidavit of
Mr. Stanton on which it; as /sailed-
Mr. BUTLER objected -to the proposi
tion.
Mr. EVARTSsaid they related to the
same subject on which . the Manegers had
introdnced'testimony,and, that, ,the Pred
dent's counsel intendedtosleAr I that he
took .advantage, of. the_ tralings eeni
inenced by Mr.,'Stinfoii Vie' speediest
method of bringing the queatien, before the
Mr. BUTLER argued that the effect of
'introducing these papers would be to open
up new regions of controversy irrelevant to
the case. %' • ' '
Mr. STANBERY I.- tefeerid : = th the. , fact
that the debilitations: et General Thomas
had been admitted as declarations of the;
President to ,prove his design in employing
force, and - went on tii,:tecite the circugh
stamen attending-the discharge of Thomas,
which he , said they wouldshoW . was in or
der to Prevent .the President frept„ testing
the question. The evidence would also
show that Thomas was not regarded as a
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COITGRESS.
OF GE:S. SUERMAN RE
SIIMED
PITTSBURGH, TUESDAY, „Ag:g,
great criminal by those w:ho procurid his
' Mr. BUTLER rejoined, when
The CHIEF JUSTICE, ruled that the war
rant and affidavit Were admissible, and, on
taking the yeas and nays, his ruling - wait
sustained by thirty-four to seventeen.
Mr. EVAIITS - read the'document.
Mr. STANBERY resumed the examina
tion: The warrant was issued in Cham
bers; had not the docket book with him.
Senator .101ThSTON then offered to put a
question to General Sherman: When the
President tendered you the office of Secre
tary of War ad interim,January 27th and
30th, 1668, did he, .at te time of making,
such tender, state what his purpose in so
doing was?
The question was objected to and sub
mitted to the Senate. The vote was yeas 26,
nays 22.
So thequesli.th was, pit and answered,
"yes."
'Mr. JOHNSOIs.i then offered an addition
al question: Will you state what he said
his purpose was?
Objected to, when the CHIEF JUSTICE
,ruled the ‘4l;teittibit' adMissable, as' it tended
to`show the iiiit•oit of -the-President's ac
tion, and, in expressing his- opinions, re
marked that this Court was not bound by
the same restrictive rides in admitting 0%1-,
dance as some of a different character. ,
The yeas and nays resulted 26 to 25.
So the question was admitted.
The question having been put to witness ~-1
Geheral Shernian replied : " The Conversa
tions were long and covered a great deal of,
ground, but I will endeavor to be as precise
on the point -.as •'poltsible: The President.
stated, to me that the relations which had
grown up or between the Secretary of War,
Mrillianton, - and himself. - ,
Mr. BUTLER—I must again interpose an
objection. The question is for the witness
simply. to state what the President said his
Purpose Was - , and.ot to introduce` his whole"
conversation. I pray the point may be
submitted to the Senate whether we will
have the ivhole of the long 'conversation
or whether we shall have nothing; but_
the purpose expressed by the President. '
Witness—lintended - • ta -be very precise
in my statement of the conversation, but
;it appears to me necessary to state what I
began to state,,that the President told me
`the relations between hiniself arid Stanton,
and between Stanton and other members
of the Cabinet, were such that he could not
execute the office he filled, as President of
the United States, without making provis
ions for an ad interim filling of the office_
of Secretary of . War, and that he had ;I,
`right under the law, and that his purpose
was to, have the office administered in the
interests of the army and of the country,Z .,
and he offered me that. His purpose was
not to bring the matter into the Courts di
rectly, but for the purpose of having the .
office administered properly in the inter
ests of the army and of the whole coun
try. [Sensation in Court.] / asked him
why lawyers could not make a case. I did
not wish to he brought as an officer of the
army into the controversy.
Senator cONKLING--Please repeat that
last answer, General.
Witness—l asked him why lawyers could
not Make a case and not bring nte, &meal,
cer, into the contra. ' Jibs answer tne,
it was - folltid Hai for that, -a case
could not be made up ; but, said he: "If.,
we could bring, the case into the Courts, it
would - riot stand for an hour."
Mr. STANBERY—Have you answered
as to both occasions?
Witness—The conversation was very long
and covered a good deal of ground. t.
Mr. BUTLER—I. object to this examina
tion being renewed by counsel for the
President. Whatever may be the pretense
-under which it is renewed, I hold that
with due order this cannot be allowed. See
, how it is attempted. Counsel had dis-
I imissed witness. He was gone after and
brought back at the request of one of the
.Tudges. •
Mr. STANBERY—I musk interrupt the
learned gentleman, to say we did not dis
miss the witness. On tile contrary, both
sides asked to retain him, the: learned
Manager,. Mr. Butler, saying he-wanted to
givehim a private examination.-lLanizhte r. 1
Mr. BUTLER—I must deny that I want
a private examination. I say the witness
was dismissed from the stand and called
back by one of the Court. That is - not, in
any Court I have practiced, allowed—after a
question Is put by a Judge for counsel on
either side to resume the examination ofthe
witness, after having dismiseed hlm.
Senator JOHNSON asked for the reading
of as proposed by himself, and
they were read by the Clerk. t
The CHIEF JUSTICE—Nothing is more
usual in Courts of justice than to recall wit
nesses for further examination; sepecially
at the instance of any member pith() Court.
It is frequently done at the instance of
counsel. It is, however, one of those ques
tionswithin the diseretion of the Court. If
the Senate desire, I will' put' the question
whether the witness shall be further ex
amined.
*Mr. EVARTS—May we be hm e ird on the
-subject?
CHIF.F-J.LlSTlCE—Pertaiulyt
Mr. %,EVARTEIir-The'questlan,lti: l thief -
Justice and Senators, t whether a wit-
Atoms nittObblettAildled alehlys a ques
tion within the discretion of the Court, andis
allowed, unless onsuspicion of, bed faith or
-- unlessthere bit bittleircnnietancesichere
collusion is Suspected. Courts frequently
lay down a rule 'lliad neither party shall
, call a witness who hasbenn, once dismissed
from the stand, and Otlqcjurse we shall
obey whatever rule the Semtte may adopt
in this case; but we are not aware anything
lies , occurred showing the necessity for
the adoption of such a rule.
Mr. BUTLER—When the witness was on
the stand on Saturday this questionwas ask
ed, % "At that interview what eonvergstlon
took place between the Presidept and you
immolation to the removal of Mr. Stanton?"
The question was objected to, and after
argument the Senate solemnly decided it
should not be put. That was exactly the
same question as 'this. Then other pro
ceedings were had,'and after.oonsiderable
delay, the counsel for the President asked
leave to recall this witness this morning.
Senate gave that permission. This morning
they recalled the witness and pint o hint
such questions as they - . pleased. en the
witness was sent away. Then one of the ~ :
Judges decided to Put a question, to satisfy ' '
his own . mind. Of course, he was not
jibting as counsel for the President, that
Cannot be sue_oised'i ' - ' "
Senator Jo.llllBol , l,rising—What does the
honorable Manager menu?
. Mr. BUTLER--D mean':preeisely what I
say, that it cannot be supposed that the
Senator was acting for thogPresidentr
Senator JOHNSON—Mr. Chief justice,
if the honorable Manager. Means to impute
that in anything I have done in this trial I
have been acting ss'connsel, or in the'spirit
of counsel, he does not know the man of
whembaataint.),!/ am: here to discharge a
duty, and t t duty I propose to discharge.
I know the law as well as Ito does.
Mr. BUTLER-4 again repeat, So that my
language way not be misunderstood, that
it cannot . be supposed ho was noting as
counsel for the President. fl a" b ut Oh,
question to .satisfy his mind : uplin7 some;
thing he to kilow, how, cen it be
that t OpMS the case so- as to 'Aso* tht
. p re emenre counsel to go on to a ndw ex
.flow,do we know thsthe na:
acting as counsel for the President and that
there is not some nnderstandjng be weep
_ ..
them, which Ido note arge? How can the
FlieSideritie 'eOurisel now, what satisfies
L i ri
theSenatOr's mind? e recalls a witness
for the purpose of sat' , lying his own mind.
I argued that it is 'common to re-call wit
nestles for something erltniked or forgot
nl.
ten, brit I never have flown that where a
member of the Court ants to satisfy him
self by putting some q estion, that opens up
the case to con el on the other
side to put othe questions. The
Court is allowed to put questions
becnuse a , Judge ma. want to satisfy his
mind on a particular int, but having satis
fied himself on that point there is an end of
the'matter,_and it does not open the case. I
trust I haVe."inswered -- the - honorable
Senator from Maryland, that I make no
imputation on him, but I am putting it
right the.other way. '
Senator JOHNSON—I am satisfied. Mr.
Chief JUStice, I rise to say I did not know
the counsel proposed to
„ask any question
of the witness, and I agree with the hon
orable Managers that they have no right to
do any such thing. [Sensation in Court.]
Mr. BINGHAM—I desire, on - behalf of
the Managers, to say there shall be no pos
sible misunderstanding,..to disdain, once
for all, that there was no intent by my asso
ciate, whO has just taken his seat, ..or any
intent bk the Managers at, any time, or in
any way, to question thwright and entire
propriety of Senators calling on any wit
-ness andliutting any question which they
may see -lit. We impute no improper mo
tives to any Senior in doing so, but recog-_
nize his perfect fight to dose and With pro
-priety. -
-• Mr. EVARTSLA moment's coesidera
-tion, I think, will satisfy the Sonete and
Chief .Justice that question is not seri
ously as to the right to recall a witness, but
-as to whetluir the-witneas being recalled to
answer rt question of one of the Jtidges, the
counsel icrobliged to leave that pert of the
; evidence:, Evidence might be brought out
which as, it stood naked`might Ag) made
prejudicial to one side or the otheromdcer
-tainly it would be competent under ordi
nary rams of examination that'-Counsel
- should he permitted to place the matter be
-fore the Court.
Mr. STANBERY—The honorable Seua
tor from, Maryland; having put hid question
to witness, a new door has been opened,
closed up on us before; new evidence has
been gone into, which was a concealed
book tows,, and about' which we amid
neither examine nor cross-examine. It
was cloSed by a decision of the Court on
Saturday, but it is now opened to us,by the
*queation of the 'Now is it . passible
we must take an- answer for better
or worse to a question we did not put. If
in that finsweethatterliad been oandemna
-tory to the President, if the answer had
bl , en that the President told the witness
expresslyhe intended to violate the law,
thathei Op acting in. bad'faith,. that he
meahtitanse force, are we 'to 'be- told, be
cause the fact was brought out by a Senator
and not by ourselves, that we cannot put a
question to elicit the . whole truth ?
This ' is' no testimony `of ours. Sup
pase it had been::: brought out by
a Serator. Is the Secretary of War sacred
against, the pursuit of truth:and the sacred
night of essr a "So n t 1 Ulm* -the doctrine
of nn
come in him that whenever:a
question • ia. answered - nor Must take 'the
answer without any opportunity of testing
it farther? If so, we are estopped not
by our own act, not by the testimony we
ruled out ourselves; but hy an act of an
other. But we are shutout from the truth
because a Senator has put a question. We
hold, that the door has been opened, that
new-testimony has been introduced into
the Case, and we have a right to cross-ex
amine witness to explain thetestimony and
contradict it. We can impeach, the very
witness Who testified to It.' If we can we
are entitled to use every weapon the de
fendant has put into his hands.
_ .
Mr. BlNGHAM—Although the Senate
cannot fail to have observed the extraordi
nary remarks which have just fallen from
thallps of the honorable counsel for the
President, it is perfectly . apparent, whether
on the floor of the Senate or in the galler
ies, that the counsel for the. President have
attempted to obtain through this wit
ness the mere naked declarations, of
the accused to rebut, the le
gal presumption of his guilt arising
from his having done an unlawful act. I
am not snrprised et the feeling With which
the honorable gentleman has discussed this
question. , If ; I heard the testimony, which
tell from the witness; it is testimony which
utterly disappointed and confounded
the counsel.: What Was it? Nothing was
, said in the first conversation about. an ap
peal to the Courts, and finally it was said
by the President_ that it -was impos
sible to make up a case by' which
to appeal to the Court; These declarations
of the President, standing in due yet not
satisfactory to the.ceunsel, are brought, to
be sure, on a question from the honorable
Senator from Maryland, but that is not
satisfactory - to the counsel, and now they
tell 'the'Senate' they have a right to cross
examine, their , own - witness. For what
purpose? In search of truth they say. 'Well
it is search of truth under difficulties,
(Daughter) Witness has :already sworn to
matters of . fact that shows the
naked . falsity of this defense, in
terposed hero by ' the President, that
his only' purpose• in the violation of the
law was to test the validity of the law in
the Courts. -.Why did he not test the valid
ity of the law in the Courts? It will not
do to stir to the Senate of the Uni
ted States ~tio ham accounted for it
by te ll ing' the"Witnesm a cage could not be
made up. The learned gentleman who has
just taken his Seat ,is 6o familiar with the
laws of the country' too familiar with the
able adjudications in that very case in the
Supreme Court, to venture_ to endorse for a
moment these utterances of his client, made
to the Lieut. General, that it was impossible
to make up a case. I stand here to assert
what the learned gentleman knows, that all
that, was . , needful to:, make up a ease
was Aor '. the ,' President to do what
he did do, in the first instance, issue
an order to Mr. Stanton to surrender the
office of Secretary of War to Mr. Thomas,
to surrender all.records and property of the
office to him, and in disobedience of the
Secretary or his refusal to obey that orderi,
to exercise authorityvoited in • the
''Presideittiandatonce renkbliialittorriey
r
- Genoral;Wholieis ap arcas his "Attorney
in the trial in defence in this case,
issue ' out his writ of quo war
rant°. That is , the law, which we
undertake to sat is settled in the case of
Wallace, sth Wheaton, the opinion of
Court being delivered by Chief Justice
' Marshall, 110:3Martber of the Court dissent
ing. Itwas - dielared-byl the Chief JustiM
that the opinion of Court was that a writ of
quo warranto could not be maintained ex
cept at the instance of the Government.
AttorneY:44etteMl:l Let -the ,
That power, therefore, was vested in the
suer in sen)ektb(*lt o
ay than by. thittdeola
President en
reaxtsioan - so tio ti n gh .r '30 14
y ' i .ret their, : dh o ed wx:Pvilt c n rc ra.
lint, Senators, there is Something
more thanthathithlscaae. I desire simply,-
to refer to it in ,passing. The . ' guesPt.
w hich' rlaiii hero 114'00;3:lent' iii::"B 1
tially and in 'het Whether, • hash viola •
Ittatißwili 4 ho M.lr'':hnWillt - biti, lay 'cibr
tik - I : l °n stit 'ut.i.9kAnd laws of 3 0 'llOl
not Itt, !Wit `fitifli''34o. ;people :et the'poWer:
:which :they...Mt/an 'ld themaelvm .by, im
peachment to hold such malefactors to
answer before the Senate of the United
14, 1868.
States, to the exclusloh of the interposition
of every tribunal of justice on God's foot
stool. S'Vhat has the question to do with
the decision in this aiSe? I say if your Su
preine Court were sitting today in judgment
on this question, it would have no influence
over the action of this Senate. The question
belongs to the Senate exclusively. The
words of the Constitution are that a Senate
shall have the sole power to try, impeach
ments. The solSor only power to try im
peachments includes power to determine
the law andthe facts arising in the case.. It
is in vain that the decision of the Supreme
Court, or of the Circuit Court, the District
Court, or of any other. Court outside this
high tribunal, is invoked for the decision of
any question between all people and their
guilty President. The protest against the
speech has been made here. We protest
also against the attempt that has been made
here to cross-examine this Witness to get
rid of matter already stated so truthfully
by witness, which clearly makes against
their client, strips him naked for the aveng
ing hand of justice to reach without let or
hindrance. • .
Mr. EVARTS—Mr. Chief Justice and Sen
ators: I cannot consent to leave matters so
misrepresented. My learned associate,ar
guing on a , hypothetical case, ked
whether, if evidence elicited-on the ques
tion of a judge should be injurious to a
party, the party would be restricted
from cross-examination. It had not
the remotest amlicatien, as must
have been apparent to every intelligent
Senator. to the evidence given. The evi
dence given, it agreeable to the Managers,
is extremely satisfactory to us. On inquiry
of the President by the Lieut-General,
whether lawyers could not make up a case
without an ad interim appointment, the
President said it could not be done; but
when there was an ad interim appointment
could not stand half an hour. r
Mr. BING.HAM—I desire in response to•
remark very briefly that instead of counsel
for the President bettering his client's case,
h 4 has made it worse by an attempt to ex
plain the declaration of the Prealdetii to
witness, as to its being impossible to make
up a case without an ad interim appoint
ment. But now how does the case stand?
ENS not the President made the ad interim
appointment three months before this
conversation with the Lieutenant Gen
eral? Has he not
• made an ad interim
appointment of General Grant, in August,
18417? Oh! say the gentlemen, he only sus
pended Stanton then under the Tenuro-of-
Office act; therefore the quesoion could be
very Well raised. I have no ddubt that
will be the answer of the counsel, and is
all the answer they can make. But
gentlemen, Senators, how does such an
answer, put in here by the President, that
he did not make that suspension under the.
Tenure-of-Office act, but under the Consti
tution of the United States, and by virtue
of the power vested in him by that Consti
tution?. He cannot play. last and loose in
that way in the presence of the Senate and
people of the country. Why Mahe not sue
out his ',writ Of qua, warranto in August
last, when - be :had Ids appoint
ment ' Secrets* •of War 'a d interim?
Why'.did "not- then Into the Courts,
threstalliriipAe..pchver of the_people
totoby impeachment this : violation of
liwrthr this unlawful het, which,' by the
law of every country, where the common
laws obtains, carries the criminal intent
with it on its face, and which he cannot
drive from the record by any false state
ment, nor swerve from the record in any
shape or form, by any mere declaration of
his own. Now one word more and I have
dbne with this matter. He tells General
Thomas they got evidence now they want
to contradict, that evidence, too, after Stan
ton refused to' obey Thomas' or
der, ' 'And after he ordered Thom
as to go to his own place and
Thomas refused. He tells Thomas. I say,
not that he was going into the Courts, not
that he should apply to the Attorney
General for a writ quo wcirranto. There
was no intimation of that sort. But there
was a declaration of the accused to Lorenzo'
Themes on the night of the 21st of February,
'after he had committed this crime
against the - aws ' and constitution
of his (smutty, that Thomas would go on
and take possession of his office and dis
charge his functions as Secretary of War
ad interim. •
Senator DAVIS inquired of the Chief Jus
tice whether the question proposed
Senator Johnson had been fully answered?
The CHIEF JUSTICE said it was impog
sible for him to reply to that question.
WitneSs only could reply. •
Senator DAVIS asked that the questions
of Senator Johnson be read.
They were read'accordingly.
The Chief Justice ruled on the objection
made to squestion proposed by Mr. Stan
bery that it • was it matter entirely within
the discretion of the Court, but that it was
usual 'under such circumstances to allow
counsel to, continue the inquiry relating to
the same subject matter.
The questions and answers were read by,
the reporter, and then Mr. Stanberyis ques
tion was put to witness as follows : •
Have you answered as to both occasions?
Witness 'said at the first interview noth
ing very definite was said by the President
or iainiself. During the second conversa
tion the President expressed a wish to have
the constitutionality of the Tenure-of-offi.ce
law decided. He also said to witness, that
if ho accepted the position of Secretary
Stanton, ho would make no resistance, be
cause he knew him to be a coward: Wit
ness gave no positive answer at the time,
but sent it. in writing.
Senator HENDERSON put the question :
Did the President, on, either occasion, ex
press a firm determination to remove
Stanton? •
Witness replied the President never ex
pressed any intention to use force, but
seemed determined that their relations
should cease.
Senator HOWARD asked: What did. the
President say about force?
The witness repeatedwhat he had said
before in relation to the President, and his
his belief that Stanton would make no re
sistance.
Senator HENDERSON asked whether the
witness gave the President any advice on
this subject? , but •
The Senate; 'without a division, refused to
admitit
, •
The , Managersuotified Gen. Sher/nap that
they would require ,his.attendance the
Morning and he 101 l thistand. .
Mr. Dielgs was recalled and prOilaged a
doeket.book, from; 'which he resid._'l.7..eiAlide:
tries in the Thomas and Stanton case ; and
the Court, at 4140, idjounied. ;
HOUSE OP REPRENTATIVES.. •
Mr; WAKEIBTTRNE,
,of Illinois, offered
the following preamble and resolution :
WHEREAs, It is reported that. efforts are,
being rdiade to procure from the Govern
ment a Irani:ter, to a private Comparo
without ohnidderation, the Island of Saint.
Paul, a territory embraced in thetreaty
with Russia ; d
AND IV - sung/is, Said Island is believe
to be very valuable, as being tfie only, beat
of the lUr seal.in the : world; thereltrl??2,
Resofved, Thattho CommitteeonieZreis"
Affelis.be directed inc°te:l3crefforgrtv
tek.attd report tOthe Rouse stk o i mpanv ,of;i
procure a trinefer.th. Privat r k to the s ifi l e r .
said Island,'end alto in rens
r i n ected - ther6:
t lt
i v i t kisnd-'illt4fdber •
trw ad As tb irgußNß gave notice that in
NUMBER 89.
view of legislation he should move a el
the House on Thursday in order that.
tlemen now. absent may return by that..
Mr. BANKS said if any businessiwas
transacted after the, call of the ous_4 he
would move to take House
the House bilt• Tor
the protection of the rights of Ame4ean
citizens in foreign States, which haS p,rece
dence of others. . (
The SPEAKER remarked that was the
first business after disposing of 'the resolu
tion to print forty thousand copies-oil the
speech of Manager Butler. !! ; •
Sir. ARFIELD, gave notice that o'
G the
i
return of the -Flonse from the Senate, he
should ask for a -vote on the resolutioni , •
Mr. ELDRIDGE said he should objOet to
the transaction of any bUsiness in the ab
sence of a quorum, and would also Object
to the resolution unless one was ache Ated
to print the opening speech of Judge 41 irtis
in behalf of the-President 3
1
The SPEAKER said it would re wire
unanimous consent.
Mr. KELSO objected.
Mr. LYNCH introduced a bill to 'amend
the act concerning the registering of - Ships,
approved DeceMber 30th, 1792. Referred
to Committeenn Ccimmerce.
Mr. WELLER introduced a bill to
further amend the laws of the District of
Columbia ,in relation -to judicial A pro
ceedings. Referred to the Committ*e ou
the District 'of Columbia. . ' - ( (
- Mr. . COBURN introduced a bill_ ;o es-
tablish a post road' from Plainyi to
Smoot's Dell, Indiana.. Referred f- • the '
Committee omPostotifee.'. .: :. • --• •
On motion of Mr. BAKER it was r lved
that the Secretary of War be instrupted to
' cdronumicate to: the House-thereprt on
the improvement of the, harbor at,f ltbn,
Delaware. • ' A -
Mr. SLAY:SARI; presented a m'' nor at
of the Memphis, El Paso & PacifiCl Rail
road Company of Texas, praving.for .", grant
of public lands and a loan of UnitedAStates
bonds to aid in constructing a continhoua
railroad and tel"ei7aphfronrJeffriesdrexas,
to San Diego; Calrfornia, by wa;,:,• ,of El •
Paso, with authority to. make such railroad
nonneetioris as to reach San• Francisco,
Guaymas, Memphis and Virginia City t and
the harbor of I.Cortblk,, in Virginia, 'er any i
other point on the Atlantic coast and'Wash
ington city, under the title of . .Sotithent
Trans-Continental Railroad.. Refet - ed ,to •
Committee on the Pacific Railroad. -
The members then proceeded te tibeSen
ate • .1 •
After the members returned the-SrEAK
ER laid before them an invitation from the*
Committee 'of Arrangements,. heiing in
charge the dedication of Mr. Lincoln's
monument, inviting the members. tb be in
attendance on Wednesday nest. :I -
Mr.- WASHBURNE, ill., motif: the
Speaker, prepare a proper answer to the in
vitation. ,• , ..-
• Mr. RALrhl' Suggested a Connnittee of
the House be appomted to attend. 1
The SPEAKER said . of courseit was un
derstood any gentlemen who desitie could
be present, but the House ha a body could
not, as they bad recently passed_ ti( resolu
tion to attend the trial of unpeadirdent.
The SPEAKER stated that on the 31st of
IdaieWthe 'Hansa - .ordered -Abe tirevious.
question on the passage of a resolutn from
the Committee On Printing to pri t 40,000
i
copies of Manager Butler's opento 'speech
on impeachment. . The question ,ow re
curred, shall the main question.be' t
nit ? •
Mr. ELDRIDGE desired to •• ffer an
amendment to the resolution. 1 -
The SPEAKER replied it could" only be
done by unanimous consent.
_.•
Mr. ELDRIDGE offered them*i
dment,
which was read for information c t at there
be printed for the use the Hotiee forty
thousand copies of the opening'argument
of the President's counsel, Judgegurtis. .
The SPEAKER said unanimoul- consent
could not make this a new orders By the
statutes at large 'every propoSitien for the
printing of extra numbers-must be l referred
to the Committee on,Printing.- Nbo amend
ment, nor unanimous consent, Can evade
•• the law. -. ' ' :- • '
. . -._
, Mr. ELDRIDGE said the Benet -amends
1 the House bill for raising the re3, - ,0 up. -
The SPEAKER rePlied that tins a con
stitutional right; but the • rile •39.1c1 ; that
propositions for printing extra :atimbers of
documents must be referred - to ;the 'Com
mittee onPrinting. ..•
Mr. ELDRIDGE asked action op the res
olution be delayed in order that l i ke House
might act on it and the amendrpen - t at a
future time. , : I ,
The-SPEAKER replied. the , Committee
had already reported on the,resolUtion.
Mr. ELDRIDGE desired that tile" resolu
tion bereferred back to the Comirdttee, so •.
as-to have the two propositions ale& upon
at the same time. . 1 i • ,
Mr. KELSY objected.
Mr. ELDRIDGE said the • Hoc se . would
see that the resolution could not now pass,
as a quorum was not present... !- •,,
On a division, the ayes were 'fortY4hree
- and the nays fifteen,. No quortmi; -
rn
Adjoued:,
.. - L 1
..1
• SECRETARY STANTON.
•4
He.ts Recommended •for Secretary ot the
Treasury. in the Event -of . IPreoldent
Johnson's Deposition.
Bp :Telegraph to the Pltteburgh Gazelle.]
, HAIatIBISURG, PA., Aprill3.—The follow
lug . communication, headed and ,prepared
under the auspices of the Statoßeniitor "of
Erie, is signed bY the Governor kind all"the
Republican members of both Rases and
heads of Departments: i•
To Hon. Simon Cameron, U. Senator
DF.AR Sin: The ruidersignedi S.
your po
litical friends; now at Harrbiliiirg, •the seat
of government of Pennsylvaniiii would re
spectfully say, that upoir - th'e contingent
succession of lion. Benj. -1 - }".""W,ade to the
Presidency pf the Urdtedlitates,'and,on the
reorgimization of the Cabinet, that ycai rec
ommen'd to the' Preiddent, our behalf -of
Pennsylvania, the transfer of- Hon.
Edwin M. Stanton from Abe , Derart --
rnent of War to that of 'Oe °Treas
nry. Be pleased to say to Mr:Stanton,
on our behalf, the country OWBSIIIIII ft debt
of gratitude for his services daribg the war
that can never be adequately repaid, and
we feel the demoralised condilion of the
Treasury ,Department, resulting! from the
mal-administration of Andrewl Johnson,
its the sanni hit&
requires for . 3si v s
climacteristica e ibited by tanton n
the suppression of the robellion!
6 '
CANADA.
Assa nd;Aden Inv Mon..
t 9 the manilla Oake4e.3
TelegraPh
OTTAWA,APri II3 . '"There is ei - Jull in the
procee di ng s of the anthorities4 ' With the
evidence taken on SaturdaY, relative to the
assass ination of McGee, the'dile for the
t au u mks for the present. - The_indica
n.s are strOnx that some of the oenspira
;ors 'have - unbmomed themselves to the
a uthorities. To-day is observM ras a holi
sisy in respect to timdeceaseil.
Arrival of Steamer*. • •
(By 'Telegraph to the Pittsburgh 6ucite 1. . • i.
Toramo, 0., Aprll 13.—The steamer Paa
sale of 'the '
Erie Railway idne a nd the,
Northern TraniMortation Compriflis Omit&
or ; City of New :York, both : front, loyalist;
arrived here to-day; being the first. arthritis
of.the from pcirts doWn. the 'lake.
The • er Elmira of the Erlo Telneyelear
ed f, r Buffalo yesterday,
II
.11of
;en
hat
ME
- - " - ••••=e ,