order by-

41, 343

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 entered 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-

argument by-

on motion to fix a day for trial to proceed......

510

8

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-
called by court...

171

..........

on admissibility-

of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868.....

to clerks of War Department

..59, 63, 65, 66, 70

71
..86, 87, 88

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

Chief Justice, oath administered to.........
casting vote given by..

5
.62, 92

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.]

offered and agreed to, 63; (yeas 31, nays 19.)
views of, on form of putting final question.....
Clarke, D. W. C.-see Witnesses.

Clephane, James O.-see Witnesses.

Cole, Cornelius, a Senator from California-
remarks by... ...

Competency-see Evidence.

Conkling, Roscoe, a Senator from New York-
orders by-

409

.166, 409

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
165

questions by......
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, 166, 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.

242

of advice to President by his Cabinet touching the constitu-
tionality of the tenure-of-office act.....

remarks by..

225, 226

of advice to President by his Cabinet touching construction
of tenure-of-office act

Counsel for respondent.......

Cox, Walter S.-see Witnesses.

.....

231, 232

of Cabinet consultations in regard to obtaining a judicial
decision, &c. .....

Creecy, Charles E.-

-see Witnesses.

of papers in Mr. Blodgett's case.......

.241, 242
208

motion by-

Cragin, Aaron H., a Senator from New Hampshire-

224

Curtis, Benjamin R., of Massachusetts, Counsel-

for an allowance of three days to prepare proofs........
granted...

121
121

argument by-

on application for forty days to prepare answer.
for time to prepare proofs.....

7

opening, for the defense....

120, 121
.123, 130

on admissibility-

of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868...

67

that on final argument Managers and Counsel shall alternate,
two and two, the Managers to open and close: offered and
indefinitely postponed, 175; (yeas 34, nays 15.)

remarks by ..........77, 92, 159, 175, 202, 209, 247, 249, 412, 413
dinion on the case.

Drake Charles D., a Senator from Missouri-
order by-

that espondent 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

ons 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.)

515

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-
motions by-

....185, 198

424

discussed by-

Mr. Stanbery

.81, 82

.81, 82

Mr. Evarts......

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

objection not sustained, 83; (yeas 20, nays 29.)

appointment of Edmund Cooper, Private Secretary of Presi-
dent, as Assistant Secretary of the Treasury: (objected to
by Mr. Stanbery and Mr. Evarts).....
discussed by--

86

.86, 88

62

on motion to remove limit as to number of speakers on final
argument.....

on right of counsel to renew examination of a witness recalled
by court.

Mr. Stanbery.

.171, 172

Man'r Bingham

on admissibility—

of Adjt. Gen. Thomas's declarations to Mr. Burleigh, Feb.
21, 1868......

70

.86, 88
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, 189
prior to March 9.............
141
of President's conversations with Gen. Sherman, Jan. 14, 153, 155
of tender of War Office to Gen. Sherman................................................
157, 158

.....

not received, 89; (yeas 22, nays 27.)
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-

Man'r Butler.

82

Mr. Evarts

Mr. Stanbery..

Mr. Curtis

Man'r Boutwell.....

admitted, 92: (yeas 27, nays 17.)

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. 13, 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.......

51

51

51

53

53

117

118

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..

119

120

120

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-

123

53

affidavit of Edwin M. Stanton, and warrant of arrest of Lorenzo
Thomas, Feb. 22, 1868....

168

53

docket of entries as to disposition of case of United States vs.
Lorenzo Thomas.....

174

President's nomination of Thomas Ewing, sen., to be Secretary
of War, Feb. 22, 1868...

175

53

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........

182

of President Tyler's order, Feb. 29, 1844, appointing John
Nelson, Attorney General, to discharge the duties of Secretary
of State ad interim........

182

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...

copy

copy of Senate resolution, March 6, 1844, confirming nomina-
tion of John C. Calhoun as Secretary of State, vice A. P.
Upshur......

54

182

54

commission of Edmund Cooper as Assistant Secretary of Treas-
ury, Nov. 20, 1867....

55

letter of authority to Edmund Cooper, Dec. 2, 1867, to act as
Assistant Secretary of the Treasury.

56

copy of General Orders No. 15, Mar. 12, 1868, requiring all
orders relating to military operations issued by President or
Secretary of War to be issued through the General of the
Army

copy of Bvt. Maj. Gen. W. H. Emory's commission, July 17,
1866.....

Special Orders No. 426, Aug. 27, 1867, assigning Gen. Emory to
command of Department of Washington.

order of President, Feb. 13, 1868, that Bvt. Maj. Gen. Thomas
resume his duties as Adjutant General....

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.

copy of order of General of the Army, to Gen. Thomas, to
resume duties as Adjutant General..
message of President communicating report of Secretary of State,
showing proceedings under concurrent resolution of the two
Houses requesting President to submit to Legislatures of States
an additional article to the Constitution.......

83

88888

76

copy of President Fillmore's order, July 23, 1850, designating
Winfield Scott to act as Secretary of War ad interim........... 182
copy of Senate resolution, Aug. 15, 1850, confirming nomina-
tion of Charles M. Conrad as Secretary of War....
copy of President Buchanan's order, Jan. 10, 1861, appoint-
ing Moses Kelley to be Acting Secretary of the Interior........ 183
copy of President Lincoln's commission, March 5, 1861, to Caleb
B. Smith as Secretary of the Interior.....

182

183

79

80

83

85

92

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.........

list of persons who discharged duties of Cabinet officers, whether
by appointment made in recess and those confirmed by Senate,
as well as those acting ad interim or simply acting..
statement of beginning and ending of cach legislative session of
Congress from 1789 to 1868...

192

197

216

216

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 Office Department, showing
removals of postmasters during session of the Senate and ad
interim appointments........

191

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.........

235

236

239

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

F.

Ferry, Orris S., a Senator from Connecticut-
orders by-

that the hour of meeting be at eleven a. m., and that there be a
recess of thirty minutes each day at two p. m. : offered and
rejected, 175; (yeas 24, nays 26.)

240

242

that tabular statements presented by Man'r Butler be omitted
from published proceedings: offered, 209; adopted, 210.
remarks by...
.63, 111, 175 199, 209, 210, 234, 238, 248, 414

questions by

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

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 18.)
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-

500

remarks by......... 12, 160, 166, 170, 174, 201, 202, 247, 250, 342, 408
opinion on the case.

Hudson, William N.- -see Witnesses.

492

....29, 41, 343

return of summons.............................................. ........................... ........................... ................................................
called by proclamation....

appearance entered and counsel named.............................................. ......................... ..............
forty days asked to prepare answer......

answer to articles.....

oath of office, April 15, 1865.....

.6, 11

opinion on the case.....

Ferry, Thomas W.-see Witnesses.

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-

remarks by..

..59, 92, 248

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.....

com-

53

Senate's denial of power to remove and appoint communi-
cated..

appointment of Edmund Cooper Assistant Secretary of the
Treasury....

54

.55, 56

.63, 147, 160, 161, 251, 407

order that Adjt. Gen. Thomas resume his duties...

80

63

520

instructions to Gen. Grant not to obey orders from War Depart-
ment, unless, &c.........

80

G.

letter to Gen. Grant in regard to his having vacated the office of
Secretary ad interim..

81

telegram to Gov. Parsons........

90

message communicating report relating to amendment of the
Constitution..

92

reports of speech Aug. 18, 1866, in reply to Hon. Reverdy John-

son.......

100

Grimes, James W., a Senator from Iowa-
order by-

that hereafter the hour of meeting shall be twelve o'clock m.
each day, except Sunday: offered, 279; adopted, 294; (yeas
21, nays 13.)

remarks by.

..6, 26, 61, 98, 104,
201, 234, 236, 248, 249, 250, 279, 320, 337, 356, 870, 406
opinion on the case.......

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-

orders by-

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.

122
122, 123

137, 140, 142, 143, 146, 149, 150

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

with Secretary Welles.....

150, 151, 157, 173
197, 198, 200, 201
.204, 205
206
.221, 222, 234, 235
tender of War Office to Lieut. Gen. Sherman... .150, 157, 158
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 Artiçle XI.....

II..
III.

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.

412

414

415

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......
.70,88, 166, 169,227
428

opinion on the case...

Jones, J. W.-see Witnesses.
Judgment of acquittal entered.......

415