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; when he had directed that the War Department should be closed; that the day thereafter would be Sunday; and that on Monday morning he should demand possession of the War Department and of its property; and if that demand was refused or resisted he should apply to the General…in…Chief of the Army for a force sufficient to enable him to take possession of the War Department; and he added that he dd not see how the General of the Army could refuse to obey his demand for that force。 He then added that under the order that the President had given to him he had no election to pursue any other course than the one that he indicated; that he was a subordinate officer directed by an order from a superior officer; and that he must pursue that course。

Hon。 T。 W。 Ferry; called by the Prosecution; testified from memoranda taken down at the time of the demand of General Thomas for possession of the War Office (Mr。 Ferry being present); as follows:

War Department Washington; Feb。 22; 1867。

In the presence of Secretary Stanton; Judge Kelley; Morehead; Dodge; Van Wyck; Van Horn; Delano; and Freeman Clarke; at 25 minutes past 12 m。; General Thomas; Adjutant…General; came into the Secretary of War Office; saying〃Good morning;〃 the Secretary replying 〃Good morning; sir。〃 Thomas looked around and said; 〃I do not wish to disturb you gentlemen; and will wait。〃  Stanton said; 〃Nothing private here; what do you want?〃 Thomas demanded of Secretary Stanton the surrender of the Secretary of War Office。 Stanton denied it to hint; and ordered him back to his own office as Adjutant…General。 Thomas refused to go。 〃I claim the office of Secretary of War; and demand it by order of the President。〃

Stanton:  〃I deny your authority to act; and order you back to your own office。〃

Thomas: 〃I will stand here。 I want no unpleasantness in the presence of these gentlemen。〃

Stanton: 〃You can stand there if you please; but you can not act as Secretary of War。 I am Secretary of War。 I order you out of this office and to your own。〃 Thomas: 〃I refuse to go; and will stand here。〃

Stanton: 〃How are you to get possession? Do you intend to use force?〃

Thomas: 〃I do not care to use force; but my mind is made up as to what I shall do。 I want no unpleasantness; though。 I shall stay here and act as Secretary of War。〃

Stanton: 〃You shall not; and I order you; as your superior; back to your own office。〃

Thomas: 〃I will not obey you。 but will stand here and remain here。〃

Stanton: 〃You call stand there if you please。 I order you out of this office to your own。 I am Secretary of War; and your superior。〃

Thomas then went into opposite room across hall (General Schriver's) and commenced ordering General Schriver and General Townsend。 Stanton entered; followed by Moorhead and Ferry; and ordered those generals not to obey or pay any attention to General Thomas' orders; that he denied his assumed authority as Secretary of War ad interim; and forbade their obedience of his directions。 〃I am Secretary of War; and I now order you; General Thomas out of this place to your own quarters。〃

Thomas: 〃I will not go; I shall discharge the functions of Secretary of War。〃

Stanton: 〃You will not。〃

Thomas: 〃I shall require the mails of the War Department to be delivered to me and shall transact the business of the office。〃

Stanton: 〃You shall not have them; and I order you to your room。〃

No。 3。

On Tuesday; April 2nd; the prosecution pmt in evidence a letter front the President to Gen。 Grant; dated Feb。 10; 1868; in answer to a prior letter front the General。 The President's letter; as introduced in evidence; purported to contain certain enclosures relating to the subject matter of the President's letter。 The following is that portion of the President's letter which speaks of the enclosures accompanying and included therein:

GENERAL: The extraordinary character of your letter of the 3rd instant would seem to preclude any reply on my part; but the manner in which publicity has been given to the correspondence of which that letter forms a part; and the grave questions which are involved; induce me to take this mode of giving; as a proper sequel to the communications which have passed between its; the statements of the five members of the cabinet who were present on the occasion of our conversation on the 14th ultimo。 Copies of the letters which they have addressed to me upon the subject are accordingly herewith enclosed。

Counsel for the President objected that the letter introduced by the prosecution was not evidence in the case unless the managers should also produce the enclosures therein referred to and made a part of the same。 The following was the vote on sustaining the objection:

YeasBayard; Conkling; Davis; Dixon; Doolittle; Fowler; Grimes; Henderson; Hendricks; Johnson; McCreery; Morrill of Vermont Norton; Patterson of Tennessee; Ross; Sprague; Trumbull; Van Winkle; Vickers and Willey2010 Republicans and 10 Democrats。

NaysAnthony; Buckalew; Cameron; Cattell; Chandler; Cole; Conness; Corbett; Cragin; Drake; Edmunds; Ferry; Fessenden; Frelinghuysen; Howard; Howe; Morgan; Morrill of Maine; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Stewart; Sumner; Thayer; Tipton; Williams; and Wilson2928 Republicans and 1 Democrat。

So the evidence offered by the prosecution was admitted as offered; without the enclosures referred to; the objection by the defense not being sustained。 (For these rejected enclosures see appendix。)

No。 4。

The prosecution offered to prove (Mr。 Geo。 A。 Wallace; of the Treasury Department; on the stand):

That after the President had determined on the removal of Mr。 Stanton; Secretary of War; in spite of the action of the Senate; there being no vacancy in the office of Assistant Secretary of the Treasury; the President unlawfully appointed his friend and theretofore private secretary; Edmund Cooper; to that position; as one of the means by which he intended to defeat the tenure of civil office act and other laws of Congress。

After debate and Mr。 Wallace's answer in explanation of the usages of the department in the disbursement of moneys; during which it was shown that no moneys could be drawn out of the treasury on the order of the assistant secretary except when authorized by the Secretary of the Treasury to draw warrants therefor; a vote was taken; and resulted as follows:

YeasAnthony; Cameron; Cattell; Chandler; Cole; Conkling; Corbett; Cragin; Drake; Howard; Howe; Morgan; Morrill of Vermont; Nye; Pomeroy; Ramsey; Ross; Sprague; Sumner; Thayer; Tipton and Wilson…22all Republicans。

NaysBayard; Buckalew; Conness; Davis; Dixon; Doolittle; Edmunds; Ferry; Fessenden; Fowler; Frelinghuysen; Grimes; Henderson; Hendricks; Johnson; McCreery; Morrill of Maine; Norton; Patterson of New Hampshire; Patterson of Tennessee; Sherman; Stewart; Trumbull; Van Winkle; Vickers; Willey and Williams2716 Republicans; 11 Democrats。

So the testimony was not received; as it was shown in the debate thereon that it would prove nothing against the President which the prosecution had expected to prove。

No。 5。

Friday April 3rd; the Prosecution offered two telegraphic messages; one from Lewis E。 Parsons to Andrew Johnson; and the other Mr。 Johnson's answer; as follows:

Montgomery; Ala。; Jan。 17; 1867。

Legislature in session。 Efforts making to reconsider vote on Constitutional Amendment。 Report from Washington says it is probable an enabling act will pass。 We do not know what to believe。 I find nothing here。

(The State Legislature had previously rejected the Constitutional Amendment。)

The response is:

U。 S。 Military Telegraph。 Executive Office; Washington D。 C。; Jan。 17; 1867。

What possible good can be obtained by reconsidering the Constitutional Amendment? I know of none in the present posture of affairs; and I do not believe that the people of the whole country will sustain any set of individuals in attempts to change the whole character of our Government by enabling acts or otherwise。 I believe; on the contrary; that they will eventually uphold all who have patriotism and courage to stand by the Constitution; and who place their confidence in the people。 There should be no faltering on the part of those who are honest in their determination to sustain the several co…ordinate Departments of the Government in accordance with its original design。 Andrew Johnson。 Hon。 L。 E。 Parsons; Montgomery; Alabama。


The yeas and nays were demanded by Mr。 Drake; and were as follows:

YeasAnthony; Cameron。 Cattell; Chandler; Cole; Conkling; Conness; Corbett; Cragin; Drake; Henderson; Howard; Morgan; Morrill of Vermont; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Ross; Sherman; Sprague; Stewart; Sumner; Thayer; Tipton; Willey; Wilson27all Republicans。

NaysBuckalew; Davis; Dixon; Doolittle; Edmunds; Ferry; Fessenden; Fowler; Frelinghuysen;  McCreery; Morrill of Maine; Norton; Patterson of Tennessee; Trumbull; Van Winkle; Vickers; Williams178 Democrats and 9 Republicans。

So the testimony was decided admissible; and was claimed by Mr。 Manager Boutwell to be in substantiation of the charges contained in the eleventh article。

No。 6。

The prosecution offered in evidence a copy of the Cleveland Leader; a newspaper purporting to contain a speech delivered by Mr。 Johnson at the City of Cleveland; Ohio; on September 30th; 1866; as evidence against the President。 It was objected to by the defense; and on the call by Mr。 Conness and Mr。 Sumner the yeas and nays were ordered; and the vote was as follows:

YeasAnthony; Cameron; Cattell。 Chandler; Cole; Conkling; Conness; Corbett; Cragin; Drake; Edmunds; Ferry; Fessenden; Frelinghuysen; Henderson; Howard; Johnson; Morgan; Morrill of Maine; Morrill of Vermont; Norton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Ross; Sherman; Sprague; Stewart; Sumner; Thayer; Tipton; Van Winkle; Willey; Williams3533 Republicans and 2 Democrats。

NaysBuckalew; Davis; Dixon; Doolittle; Fowler; Hendricks; Howe; McCreery; Patterson of Tennessee; Trumbull; Vickers118 Democrats and 3 Republicans。

So the evidence was received。 It related to the tenth article; and was based on a certain speech delivered by Mr。 Johnson at Cleveland; Ohio。

No。 7。

Saturday; April 10th; 1868; Gen

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