History of the Impeachment of Andrew Johnson [91]
Howard, Morgan, Morrill of Vermont, Nye, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--23--all Republicans.
So the evidence was admitted, and Mr. Cox continued.
On the same day or the next, I prepared an information in the nature of a quo warranto. I think a delay of one day occurred in the effort to procure certified copies of Gen. Thomas' commission as Secretary of War ad interim, and of the order to Mr. Stanton. I then applied to the District Attorney to sign the information in the nature of a quo warranto, and he declined to do so without instructions or a request from the President or the Attorney General. This fact was communicated to the Attorney General and the papers were sent to him. Nothing was done after this time by me.
No. 21.
The defense offered to prove:
That the President then stated that he had issued an order for the removal of Mr. Stanton and the employment of Mr. Thomas to perform the duties ad interim; that thereupon Mr. Perrin said, "Supposing Mr. Stanton should oppose the order." The President replied: "There is no danger of that, for General Thomas is already in the office." He then added: "It is only a temporary arrangement; I shall send in to the Senate at once a good name for the office.
Mr. Butler, for prosecution, objected, and the vote was:
Yeas--Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, McCreery, Patterson of Tennessee, and Vickers--9--all Democrats.
Nays--Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Howard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Ross, Sherman, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, and Yates---37--36 Republicans and 1 Democrat.
So this testimony was rejected.
No. 22.
Friday, April 17. The defense offered to prove:
That on this occasion (a Cabinet meeting previously mentioned), the President communicated to Mr. Welles, and the other members of his Cabinet, before the meeting broke up, that he had removed Mr. Stanton and appointed General Thomas Secretary of War ad interim; and that, upon the inquiry by Mr. Welles whether General Thomas was in possession of the office, the President replied that he was, and on further question of Welles, whether Mr. Stanton acquiesced, the President replied that he did; all that he required was time to remove his papers.
Mr. Butler objected and the yeas and nays were ordered.
Yeas--Anthony, Bayard, Buckalew, Cole, Conkling, Corbett, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Hendricks, Johnson, McCreery, Morton, Patterson of Tennessee, Ross, Saulsbery, Sherman, Sprague, Sumner, Trumbull, Van Winkle, Vickers, Willey--26--15 Republicans and 11 Democrats.
Nays--Cameron, Cattell, Conness, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--2-3-all Republicans.
So the testimony was received, and the following proceeding was had Mr. Evarts, of Counsel for the President. Mr. Welles on the stand:
Please state, Mr. Welles, what communication was made by the President to the Cabinet on the subject of the removal of Mr. Stanton and the appointment of General Thomas, and what passed at the time?
Mr. Welles: As I remarked, after the Departmental business had been disposed of, the President remarked, as usual when he had anything to communicate himself, that before they separated it would be proper for him to say that he had removed Mr. Stanton and appointed the Adjutant General Lorenzo Thomas, Secretary ad interim. I asked whether General Thomas was in possession. The President said he was; that Mr. Stanton required some little time to remove his writings, his papers; I said, perhaps, or I asked, "Mr. Stanton, then, acquiesces?" He said he did, as he considered it. * * *
Question: Now, sir, one moment
So the evidence was admitted, and Mr. Cox continued.
On the same day or the next, I prepared an information in the nature of a quo warranto. I think a delay of one day occurred in the effort to procure certified copies of Gen. Thomas' commission as Secretary of War ad interim, and of the order to Mr. Stanton. I then applied to the District Attorney to sign the information in the nature of a quo warranto, and he declined to do so without instructions or a request from the President or the Attorney General. This fact was communicated to the Attorney General and the papers were sent to him. Nothing was done after this time by me.
No. 21.
The defense offered to prove:
That the President then stated that he had issued an order for the removal of Mr. Stanton and the employment of Mr. Thomas to perform the duties ad interim; that thereupon Mr. Perrin said, "Supposing Mr. Stanton should oppose the order." The President replied: "There is no danger of that, for General Thomas is already in the office." He then added: "It is only a temporary arrangement; I shall send in to the Senate at once a good name for the office.
Mr. Butler, for prosecution, objected, and the vote was:
Yeas--Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, McCreery, Patterson of Tennessee, and Vickers--9--all Democrats.
Nays--Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Howard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Ross, Sherman, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, and Yates---37--36 Republicans and 1 Democrat.
So this testimony was rejected.
No. 22.
Friday, April 17. The defense offered to prove:
That on this occasion (a Cabinet meeting previously mentioned), the President communicated to Mr. Welles, and the other members of his Cabinet, before the meeting broke up, that he had removed Mr. Stanton and appointed General Thomas Secretary of War ad interim; and that, upon the inquiry by Mr. Welles whether General Thomas was in possession of the office, the President replied that he was, and on further question of Welles, whether Mr. Stanton acquiesced, the President replied that he did; all that he required was time to remove his papers.
Mr. Butler objected and the yeas and nays were ordered.
Yeas--Anthony, Bayard, Buckalew, Cole, Conkling, Corbett, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Hendricks, Johnson, McCreery, Morton, Patterson of Tennessee, Ross, Saulsbery, Sherman, Sprague, Sumner, Trumbull, Van Winkle, Vickers, Willey--26--15 Republicans and 11 Democrats.
Nays--Cameron, Cattell, Conness, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--2-3-all Republicans.
So the testimony was received, and the following proceeding was had Mr. Evarts, of Counsel for the President. Mr. Welles on the stand:
Please state, Mr. Welles, what communication was made by the President to the Cabinet on the subject of the removal of Mr. Stanton and the appointment of General Thomas, and what passed at the time?
Mr. Welles: As I remarked, after the Departmental business had been disposed of, the President remarked, as usual when he had anything to communicate himself, that before they separated it would be proper for him to say that he had removed Mr. Stanton and appointed the Adjutant General Lorenzo Thomas, Secretary ad interim. I asked whether General Thomas was in possession. The President said he was; that Mr. Stanton required some little time to remove his writings, his papers; I said, perhaps, or I asked, "Mr. Stanton, then, acquiesces?" He said he did, as he considered it. * * *
Question: Now, sir, one moment