第67章 EXAMINATION OF WITNESSES AND THEIR TESTIMONY.(7)

Nays--Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Davis, Drake, Edmunds, Fessenden, Frelinghuysen, Harlan, Henderson, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Stewart, Thayer, Tipton, Willey, Williams, Wilson and Yates--35--33 Republicans and 2Democrats.

So the proffered testimony was refused.

No. 13.

The next question asked of Gen. Sherman was by Senator Johnson:

Question: Did you at any time, and when, before the President gave the order for the removal of Mr. Stanton as Secretary of War, advise the President to appoint some other person than Mr.

Stanton?

Mr. Drake demanded the yeas and nays, which were as following:

Yeas--Anthony, Bayard, Buckalew, Dixon, Doolittle, Edmunds, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Patterson of Tennessee, Ross, Trumbull, Van Winkle, Vickers--18-9--Republicans and 9 Democrats.

Nays--Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Dixon, Drake, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Sherman, Stewart, Thayer, Tipton, Willey Williams, Wilson, Yates--33--30 Republicans and 2 Democrats.

So the proffered testimony was refused.

No. 14.

Counsel for defense offered:

A warrant of arrest of Gen. Thomas, dated February 22, 1868, and the affidavit on which the warrant issued.

(This warrant had been issued on the affidavit of Mr. Stanton.)The yeas and nays were as follows:

Yeas--Anthony, Bayard, Buckalew, Cattell, Cole, Corbett, Cragin, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey, Williams, Yates--34--24 Republicans and 10 Democrats.

Nays--Cameron, Conkling, Chandler, Conness, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Nye, Ramsay, Stewart, Thayer, Tipton, Wilson--17--all Republicans.

So the warrant was received in evidence.

That warrant was issued by Judge Carter, Chief Justice of the Supreme Court of the District of Columbia, upon the complaint of Edwin M. Stanton, and charged Thomas with attempting forcibly to seize and take possession of the War Office, in violation of the fifth section of the Tenure-of-Office Act. The warrant was as follows:

UNITED STATES OF AMERICA, DISTRICT OF COLUMBIA.

To David S. Gooding, United States Marshal for the District of Columbia:

I, David K. Carter, Chief Justice of the Supreme Court for the District of Columbia, hereby command you to arrest Lorenzo Thomas, of said District, forthwith, and that you have the said Lorenzo before me at the chambers of the said Supreme Court in the City of Washington, forthwith, to answer to the charge of a high misdemeanor in this, that on the 21st day of February, 1868, in the District of Columbia, he did unlawfully accept the appointment of the office of Secretary of War ad interim, and did then and there unlawfully hold and exercise and attempt to hold and exercise the said office contrary to the provisions of the act entitled "An Act regulating the tenure of certain civil offices, passed March 2, 1867, and hereof fail not, but make due return.

Given under my hand and seal of said court this 22nd day of February, 1868,D. K. Carter.

Chief Justice of the Supreme Court of the District of Columbia.

Attest: R. J. Meigs, Clerk.

(Marshal's Return).

Washington, D. C., February 22, 1868.

The within writ came to hand at 7 o'clock a.m. and was served by me on the said Lorenzo Thomas at 8 o'clock a.m, and I now return this writ and bring him before Chief Justice Carter at 9 o'clock a. m. of to-day.

David S. Gooding, U. S. Marshal, D. C.

No. 15.

Mr. Johnson, (of the Court,) asked this question of General Sherman, witness on the stand: When the President tendered to you the office of Secretary of War, ad interim, on the 27th of January, 1868, and on the 31st of the same month and year, did he, at the very time of making such tender, state to you what his purpose in so doing was?

Counsel for Prosecution objected, and Mr. Drake called for the yeas and nays, which were taken, as follows:

Yeas--Anthony, Bayard, Buckalew, Cole, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of Tennessee, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey--16--16 Republicans and 10 Democrats.

Nays-Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Nye, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--22--all Republicans.

The question was decided to be admissible, and the anawer was "yes."No. 16.

The next question, in immediate connection with the last, was:

If he did, state what he said his purpose was?

The yeas and nays were ordered and the vote was:

Yeas--Anthony, Bayard, Buckalew, Cole, Cobertt, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morton, Norton, Patterson of Tennessee, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey--26--15 Republicans and 11 Democrats.

Nays--Cameron, Cattell, Chandler, Conkling, Conness, Cragin, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--25--all Republicans.

So the question was permitted to be answered, and General Sherman said:

The President told me that the relations between himself and Mr.