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 a.s.sumed 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 put in evidence a letter from 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 pa.s.sed between us, 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:

Yeas--Bayard, Conkling, Davis, Dixon, Doolittle, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Vermont Norton, Patterson of Tennessee, Ross, Sprague, Trumbull, Van Winkle, Vickers and Willey--20--10 Republicans and 10 Democrats.

Nays--Anthony, 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 Wilson--29--28 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 a.s.sistant 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 disburs.e.m.e.nt of moneys, during which it was shown that no moneys could be drawn out of the treasury on the order of the a.s.sistant secretary except when authorized by the Secretary of the Treasury to draw warrants therefor, a vote was taken, and resulted as follows:

Yeas--Anthony, Cameron, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Drake, Howard, Howe, Morgan, Morrill of Vermont, Nye, Pomeroy, Ramsey, Ross, Sprague, Sumner, Thayer, Tipton and Wilson---22--all Republicans.

Nays--Bayard, 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 Williams--27--16 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 Const.i.tutional Amendment. Report from Washington says it is probable an enabling act will pa.s.s. We do not know what to believe. I find nothing here.

(The State Legislature had previously rejected the Const.i.tutional 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 Const.i.tutional 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 Const.i.tution, 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:

Yeas--Anthony, 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, Wilson--27--all Republicans.

Nays--Buckalew, Davis, Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, McCreery, Morrill of Maine, Norton, Patterson of Tennessee, Trumbull, Van Winkle, Vickers, Williams--17--8 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:

Yeas--Anthony, 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, Williams--35--33 Republicans and 2 Democrats.

Nays--Buckalew, Davis, Dixon, Doolittle, Fowler, Hendricks, Howe, McCreery, Patterson of Tennessee, Trumbull, Vickers--11--8 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.

Sat.u.r.day, April 10th, 1868, General Lorenzo Thomas on the stand, called by the Defense. Mr. Stanbery asked him, with reference to certain interviews with the President: What occurred between the President and yourself at that second interview on the 21st (February)?

Mr. Drake demanded the yeas and nays, and they were ordered and were as follows:

Yeas--Anthony, Bayard, Buckalew, Cattell, Cole, Conkling, Corbett, Davis, Dixon, Doolittle, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Howe, Johnson, McCreery, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ross, Sherman, Sprague, Stewart, Sumner, Tipton, Trumbull, Van Winkle, Vickers, Willey, Williams, Wilson, Yates--42-31 Republicans and 11 Democrats.

Nays--Cameron, Chandler, Conness, Cragin, Drake, Harlan, Howard, Nye, Ramsay, Thayer--10--all Republicans.

So the testimony was received, and General Thomas' answer was:

I stated to the President that I had delivered the communication, and that Mr. Stanton gave this answer: "Do you wish me to vacate at once, or will you give me time to take away my private property?" and that I replied, "At your pleasure." I then said that after delivering the copy of the letter to him, he said: "I do not know whether I will obey your instructions or resist them." This I mentioned to the President and his answer was: "Very well, go and take charge of the office and perform the duties." * * *

Question by Mr. Stanbery: What first happened to you the next morning?

Answer: The first thing that happened to me the next morning was the appearance at my house of the marshal of the district, with an a.s.sistant marshal and a constable, and he arrested me.