Evidence, admissibility of-Continued.

President's declarations to General Sherman in reference to use of threats or force to get possession
of the War Office; (objected to by Manager Butler)
not admitted

.I-489
..I-490

question, Whether General Sherman gave President an opinion as to advisability of a change in the
War Department; (objected to by Manager Butler)

.I-498

discussed by-

not admitted, (yeas 15, nays 35)..

affidavit of Edwin M. Stanton and warrant of arrest of Lorenzo Thomas: (objected to by Manager
Butler)

I-507

.I-508

...I-510

advice to President to appoint some person in place of Mr. Stanton: (objected to by Manager Butler).....I-597
not admitted, (yeas 18, nays 32).

question, Whether President stated to General Sherman his purpose in tendering him the office of

I-515

.I-517

admitted; (yeas 26, nays 22)..

.I-518

President's declaration of purpose in tendering General Sherman the office of Secretary of War ad
interim: (objected to by Manager Bingham)..

.I-518

admitted; (yeas 26, nays 25)....

I-520

message of President to Senate, February 24, 1868, in response to Senate resolution of February 21,
1868: (objected to by Manager Butler)

extracts from records of Navy Department, exhibiting practice in respect to removals: (objected to

employment of counsel by President to raise question of Mr. Stanton's right to hold the office of
Secretary of War against authority of President: (objected to by Manager Butler).

acts toward getting out habeas corpus in the case of Lorenzo Thomas: (objected to by Manager Butler) I—608
admitted; (yeas 27, nays 23)..

I-609

acts, after failure to obtain habeas corpus, in pursuance of President's instructions to test the right of
Mr. Stanton to continue in office: (objected to by Manager Butler)

I-610

admitted; (yeas 27, nays 23)..
declarations of President to Mr. Perrin, February 21, 1868, in reference to removal of Mr. Stanton,

President's declarations to Secretary Welles, February 21, in relation to removal of Mr. Stanton:
(objected to by Manager Butler)

advice to President by cabinet touching constitutionality of tenure-of-office act: (objected to by

.I-676

discussed by

Manager Butler.

advice to President by cabinet in regard to construction of tenure-of-office act, and its application to
Secretaries appointed by President Lincoln; (objected to by Manager Butler)...

cabinet consultations in regard to obtaining a judicial decision on constitutionality of tenure-of-office

.I-676, 677, 678
.I-676, 678
.I-677, 678, 689, 692
.1-681

..I-693

..I-694

.I-694, 696
I-694, 695
.I-697

..I-698

I-698, 699

.I-699

.I-700

Evidence, admissibility of-Continued.

question, Whether any suggestions were made in cabinet looking to the vacation of any office by
force; (objected to by Manager Butler).....

not admitted; (yeas 18, nays 26).

.I-700
.I-701

opinions given to President by cabinet on question, Whether the Secretaries appointed by President
Lincoln were within the provisions of tenure-of-office act; (objected to by Manager Bingham).I-715
not admitted; (yeas 20. nays 26)...

answer of Foster Blodgett to Postmaster General's notice of his suspension from the office of post-
Juaster at Augusta, Ga.; (objected to by Mr. Evarts)..

discussed by-

Mr. Evarts..

Manager Butler

not admitted...

..I-716

I-722

I-722, 723, 724, 725
.1-722, 723, 724, 725

1-726

nominations of Lieutenant General Sherman, February 13, 1868, and of Major General George H.
Thomas, February 21, 1861, to be Generals by brevet; (objected to by Mr. Evarts)
not admitted; (yeas 14, nays 35)..

I-736
.I-738

Evidence, documentary, for the prosecution-

copy of oath of Andrew Johnson, President of the United States, April 15, 1865, with accompanying
certificates

I-147

copy of President Lincoln's message to Senate, January 13, 1862, nominating Edwin M. Stanton to be
Secretary of War....

copy of President's letter of authority to Lorenzo Thomas, February 21, 1868, to act as Secretary of
War ad interim, and directing him immediately to enter upon duties
copy of Senate resolution, February 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.
copy of Senate order, February 21, 1868, directing Secretary to communicate copies of foregoing
resolution to President, to Secretary of War, and to Adjutant General of the army
copy of President Lincoln's commission to Edwin M. Stanton as Secretary of War, January 15, 1862.1-157
commission of Edmund Cooper as Assistant Secretary of Treasury, November 20, 1867.
letter of authority to Edmund Cooper, December 2, 1867, to act as Assistant Secretary of Treasury..I-164
copy of General Orders No. 15, March 12, 1868, requiring all orders relating to military operations
issued by President or Secretary of War to be issued through General of the army
copy of Brevet Major General W. H. Emory's commission, July 17, 1866.
Special Orders No. 426, August 27, 1867, assigning General Emory to command of department of
Washington...

I-148

..I-148

copy of Senate resolution in executive session, January 15, 1862, consenting to appointment of Edwin
M. Stanton to be Secretary of War...
copy of President's message to Senate, December 12, 1867, announcing suspension of Edwin M. Stanton
from the office of Secretary of War, and designation of General Grant as Secretary of War ad
interim.......

.I-148

I-155

copy of Senate resolution, January 13, 1868, in response to message of President announcing suspen-
sion of Edwin M. Stanton, and non-concurring in such suspension
copy of Senate order, January 13, 1868, directing Secretary to communicate copy of non-concurring
resolution to President, to Edwin M. Stanton, and to U. S. Grant, Secretary of War ad interim....I-155
copy of President's message to Senate, February 21, 1868, announcing removal of Edwin M. Stanton
from office, and desiguation of the Adjutant General of the army as Secretary of War ad interim..I-156
copy of President's order, February 21, 1868, removing Edwin M. Stanton from the office of Secretary
of War..

.I-156
.I-156

I-157

I-157

I-163

order of President, February 13, 1868, that Brevet Major General Thomas resume duties as Adjutant
General..

letter of General Grant, January 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 General Grant, January 29, 1868, not to obey orders from War Depart-
ment, unless, &c...

letter of President to General Grant, February 10, 1868, in regard to his having vacated the office of
Secretary of War ad interim..

.I-237
...I-239

.I-240

.I-240

.I-240

1-240

I-241

copy of President's letter of authority to Lorenzo Thomas to act as Secretary of War ad interim...I-248
copies of order removing Edwin M. Stanton, and letter of authority to General Thomas with indorse-
ments thereon, forwarded by President to Secretary of Treasury for his information....... ..I-248, 249
copy of General Orders No. 17, March 14, 1867, requiring all orders relating to military operations to
be issued through General of the army

......I-249

copy of order of General of army to General Thomas to resume duties as Adjutant General........I-256
message of President communicating report of Secretary of State, showing proceedings under concur-
rent resolution of the two houses requesting President to submit to legislatures of States an addi-
tional article to the Constitution..

report of President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson, as sworn to by
Francis H. Smith..

.I-278

I-298

report of President's speech, August 18, 1866, revised by William G. Moore, his secretary.
at Cleveland, September 3, 1866, in Cleveland Leader..

at St. Louis, September 8, 1866, in Missouri Democrat...
at St. Louis, September 8, 1866, in St. Louis Times....
forms of various commissions as issued by President before and after passage of civil-tenure act....I-353
list of removals of heads of departments at any time by President during session of Senate
list of appointments of heads of departments at any time by President without advice and consent of
Senate and while Senate was in session.

.I-340

I-348

correspondence between President John Adams and Timothy Pickering, May 1800, relating to re-
moval of Mr. Pickering from office of Secretary of State.

..I-353

..I-358

.I-362

copy of President John Adams's message, May 12, 1800, nominating John Marshall to be Secretary
of State in place of Timothy Pickering removed, and action of Senate thereon...
letter from President, August 14, 1867, notifying Secretary of Treasury, "in compliance with re-
quirements" of tenure-of-office act, of suspension of Edwin M. Stanton.
letter of Secretary of Treasury, August 15, 1867, notifying heads of bureaus, in compliance with
requirements of tenure-of-office act, of suspension of Edwin M. Stanton.
executive messages of President communicating information of suspension of several officers........I-369
communication from Secretary of State, December 19, 1867, reporting to President, in compliance
with provisions of tenure-of-office act, the suspension of the consul at Brunai, Borneo...........

.I-365

.I-364

I-366

..I-369

Evidence, documentary, for the prosecution-Continued.

copy of letter from Adjutant General Thomas to President, February 21, 1868, reporting delivery of
President's communication to Edwin M. Stanton removing him from office, and accepting appoint
ment of Secretary of War ad interim

Evidence, documentary, for the defence-

..I-376

affidavit of Edwin M. Stanton, and warrant of arrest of Lorenzo Thomas, February 22, 1868..
docket of entries as to disposition of case of United States vs. Lorenzo Thomas.
President's nomination of Thomas Ewing, sen., to be Secretary of War, February 22, 1868.
copy of Senate proceedings, May 13, 1800, on nomination of John Marshall to be Secretary of State,
in place of Timothy Pickering, removed..

.I-515

.I-531

.I-537

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

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

copy of President Fillmore's order, July 23, 1850, designating Winfield Scott to act as Secretary of
War ad interim..

copy of Senate resolution, August 15, 1850, confirming nomination of Charles M. Conrad as Secretary
of War..

copy of President Buchanan's order, January 10, 1861, appointing Moses Kelley to be Acting Secretary
of Interior

I-555

.I-557

.I-558

.I-558

I-558

1-559

copy of President Lincoln's commission, March 5, 1861, to Caleb B. Smith as Secretary of Interior ..I-559
copy of letters of Acting Secretary of Treasury, August 17, 1842, relating to removal of collector and
appraiser in Philadelphia..

extracts from records of Navy Department exhibiting practice in respect to removals
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 not having expired.........
copies of documents from State Department, showing practice of government in removal of officers
during session of Senate, during recess, and covering all cases of vacancy..
copies of documents from Post Office Department, showing removals of postmasters during session of
Senate and ad interim appointments.

message of President Buchanan, January 15, 1861, in answer to Senate resolution respecting vacancy
in the office of Secretary of War.

.I-560
I-569

..I-573

.I-574, 590

.I-581

.I-583

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 each legislative session of Congress from 1789 to 1868.
statement of beginning and ending of each special session of Senate from 1789 to 1868

I-585

I-594
I-505

copy of President Adams's commission to George Washingtoa, July 4, 1798, constituting him Lieutenant
General of the army..

I-653

tables from Department of Interior, showing removals of officers, date, name, office, and whether
removal was during recess or during session of Senate

.I-654

list of consular officers appointed during session of Senate where vacancies existed when appointments
were made

I-662

form of navy agent's commission.

.I-705

official action of Post Office Department in removal of Foster Blodgett .
Evidence, documentary, for the prosecution, in rebuttal-

..I-709

Journal of first Congress, 1774-75, exhibiting report of committee to draft commission to General
George Washington..

.I-718

letter of James Guthrie, Secretary of Treasury, August 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 United States for southern district of
Georgia.

.I-719

..I-720

list of the various officers in United States affected by President'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..

that the hour of meeting be at 11 a. m., and that there be a recess of thirty minutes each day at 2
p. m. offered and rejected, (yeas 21, nays 26)
that tabular statements presented by Manager Butler be omitted from published proceedings:
offered..

remarks on the competency of the President pro tempore to sit as a member of the court..III-366, 367, 334, 401
remarks by..

remarks on the competency of the President pro tempore to sit as a member of the court
order by-

that as many of managers and counsel as shall choose be permitted to speak on final argument,
offered and laid over...

.I-175, 276. 11-7
III-193
I-11
III-380, 385

G.

Grimes, James W.. a senator from Iowa

that hereafter the hour of meeting shall be 12 o'clock m. each day, except Sunday:
offered

1-11

remarks on the competency of the President pro tempore to sit as a member of the court
order by-

.III-388, 394, 401

adopted, (yeas 21, nays 13)

..II-99
.II-141

remarks by

I-17, 78, 179, 298, 315, 608, 701, 709. II-6, 8, 13, 99, 217, 268, 322, 360, 469, 485

that application for thirty days to prepare for trial be postponed until after replication filed: offered
and not agreed to, (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 question to a vote in the first instance, (amendment to
Rule VII:)

offered..

agreed to, (yeas 31, nays 19)

that, subject to Rule XXI, all 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
remarks by

I-81

I-185
1-186

11-8

...I-81, 185, 247, 265, 266, 450, 488, 529, 530, 699. II-8, 9, 10, 11, 336, 488, 491, 494

remarks on the competency of the President pro tempore to sit as a member of the court...

order by-

..I-265, 529, 699

III-295
I-11

.III-360, 364,
392, 399, 401

that trial proceed with all convenient despatch: amendment offered and agreed to.
prescribing form of final question: offered

I-86

.II-478

remarks by..

.I-86, 186, 231, 565, 633. II-13, 282, 283, 473, 474, 478, 483, 484, 487, 488, 489

order fixing, at 12 o'clock m. each day, except Sunday-[By Mr. Grimes. |
offered

remarks on the competency of the President pro tempore to sit as a member of the court

III-361, 367,

382, 383, 388, 389, 390, 392, 393, 401

orders by-

(in Senate.) that the message of the House, relating to the impeachment of Andrew Johnson, be
referred to a select committe of seven, to consider and report thereon; agreed to.
(in Senate,) that the Senate will take proper action on the message of the House in relation to the
impeachment of Andrew Johnson: reported and agreed to.

I-5

I-6

(in Senate,) that at 1 o'clock to-morrow afternoon, the Senate will proceed to consider the impeach-
ment of Andrew Johnson, &c. : agreed to March 4

I-9

that a summons do issue to Andrew Johnson, returnable on Friday, March 13, at 1 o'clock p. m. :
adopted.

I-16

that no senator shall speak more than once, nor to exceed 15 minutes on one question, during final
deliberations: offered and rejected, yeas 19, nays 30)

.II-218
remarks by..1-5, 9, 12, 16, 17, 34, 36, 69, 77, 78, 82, 160, 180, 188, 214, 235, 265, 276, 324, 325, 346, 367, 370, 451, 486,
497, 514, 530, 566, 606, 612, 673, 620, 693, 716, 738. II-5, 10, 14, 218, 219, 282, 39, 446, 472, 485, 198
questions by
I-276, 530, 566, 63v
opinion on the case..

Howe, Timothy O., a senator from Wisconsin

..III-31

remarks on the competency of the President pro tempore to sit as a member of the court..
remarks by.
.1—36, 490, 508, 520, 533, 608, 611, 740.

I-11
III-380

opinion on the case.

11-12, 282,283, 475
III-58

Hudson, William N. (See Testimony.)

I.

Impeachable crimes, definition of..

Impeachment of Andrew Johnson, President of the United States-
resolution (in House) providing for the, [By Mr. Cocode, Feb. 21, 1868:] referred
reported

adopted, (yeas 126, nays 47)..

Committee (in House) to communicate to Senate its action directing an-

.I-88, 123, 147, 476. II-286. III-355

I-

Impeachment of Andrew Johnson-Continued.

order (in House) limiting debate, and directing proceedings when articles of, are reported to House-
adopted, (yeas 106, nays 37)..

managers elected and Senate notified...

directed to carry articles to Senate

House informed that Senate is ready to receive

House in Committee of the Whole to attend,.

I-16

I-6
I-6, 13

I-37

I-84

I-87, 377
1-147, 415
II-14-447

suspension of Edwin M. Stanton, Secretary of War, and designation of General Grant Secretary ad
interim communicated to Senate December 12, 1867.

I-148

Senate's non-concurrence in, communicated

I-155

removal of Edwin M. Stanton, Secretary of War, and designation of Lorenzo Thomas Secretary ad
interim, February 21, 1868

instructions to General Grant not to obey orders from War Department, unless, &c

I-240

I-241

I-272

message communicating report relating to amendment of the Constitution.

I-278

I-298, 301

at Cleveland, September 3, 1866...

letter to General Grant in regard to his having vacated the office of Secretary ad interim
telegram to Governor Parsons

reports of speech August 18, 1866, in reply to Hon. Reverdy Johnson..

at St. Louis, September 8, 1866

notification to Secretary of Treasury, August 14, 1867, of suspension of Mr. Stanton

conversation with General Emory.

with General Wallace

with Mr. Wood..

with Mr. Blodgett.

with Adjutant General Thomas

with Lieutenant General Sherman.

with Mr. Cox

with Mr. Merrick.

with Mr. Perrin .

with Secretary Welles.

tender of War Office to Lieutenant General Sherman..

I-461, 483, 465, 517, 518, 521, 528, 529

1-508, 516, 537, 555, 566
I-605, 689, 620
II-486, 487
II-496
II-497

I-11

remarks on the competency of the President pro tempore to sit as a member of the court. III-361, 366, 369,

orders by-

390, 392, 401
that trial proceed at the expiration of 10 days, unless for causes shown to the contrary: offered... I-83
considered

I-84
1-85

that Senate commence the trial 2d of April: offered
that two of managers be permitted to file printed arguments, &c. : amendment offered and adopted, II--5
remarks by...... I-18, 33, 78, 82, 83, 84, 85, 147, 154, 160, 161, 176, 206, 208, 209, 236, 237, 247, 265, 270, 298, 312,

questions by.

325, 362, 365, 368, 370, 372, 397, 452, 486, 487, 495, 507, 515, 517, 518, 519, 520, 521, 522,
523, 524, 528, 529, 532, 534, 537, 562, 563, 564, 566, 568, 573, 583, 589, 590, 612, 620, 621,
626, 644, 654, 661, 669, 675, 676 680, 692, 709, 711, 714, 716, 717, 718, 721, 722, 738, 739,
740, 741. II-5, 6, 13, 118, 166, 189, 218, 262, 281, 282, 283, 306, 389, 469, 475, 479, 483,
484, 485, 487, 490, 498.

I-206, 265, 507, 317, 680
III--50

II-498

K.