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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)

.1-489
not admitted.

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
Manager Bingham.

I-498, 505, 506
Mr. Stanbery.

I-499, 501, 501
Manager Butler

1-560, 501, 504
Mr. Evarts...

I-501, 504, 506
not admitted, (yeas 15, nay8 35).

1507
advice to President to appoint some person in place of Mr. Stanton: (objected to by Manager Butler)... 1-507
not admitted, (yeas 18, nays 32).

I_508
affidavit of Edwin M. Stanton and warrant of arrest of Lorenzo Thomas : (objected to by Manager
Butler).

1-510
discussed by-
Manager Butler

1-510, 511, 512, 513, 514
Mr, Evarts...

I-510, 511, 514
Mr. Stanbery.

1-512,513,514
admitted; (yeas 34, nays 17).

1515
question, Whether President stated to General Sherman his purpose in tendering him the office of
Secretary of War ad interim: (objected to by Manager Bingham)

:I-517
admitted ; (yeas 26, nay8 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, nay8 25)...

1520
message of President to Senate, February 24, 1868, in response to Senate resolution of February 21,
1868: (objected to by Manager Butler)

I-538
discussed by
Manager Butler

I-538, 539, 540, 541, 542, 543
Mr. Curtis..

..I_-537,538
Mr. Evarts.

1-538, 539, 542, 543
Manager Bingham.

I-540, 541, 542, 543
not admitted.

I-544
extracts from records of Navy Department, exhibiting practice in respect to removals: (objected to
by Månager Butler)

.1-561
discussed by
Manager Butler

.1–561, 562, 563, 564, 565, 566
Mr. Curtis

I-562, 563, 564, 565, 566, 567, 568
Mr. Evarts.

..1-566, 568
Manager Boutwell.

I-567
admitted; (yeas 36, nays 15)

I-568
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).

1-597
discussed by
Manager Butler

-597, 600, 604
Mr. Evarts.

I-198, 603
Mr. Curtis

L-602, 604
Manager Wilson.

1-602
admitted; (yeas 29, nays 21)

I-605
acts toward getting out habeas corpus in the case of Lorenzo Thomas : (objected to by Manager Butler) 1-608
admitted; (yeas 27, nay8 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).

1612
declarations of President to Mr. Perrin, February 21, 1868, in reference to removal of Mr. Stanton,
and nomination of a successor: (objected to by Manager Butler)...

1-625
discussed by
Manager Butler

I_625, 627
Mr. Evarts..

I-625, 626, 627
Manager Wilson

I-626
not admitted; (yeas 9, nays 37).

I-628
President's declarations to Secretary Welles, February 21, in relation to removal of Mr. Stanton:
(objected to by Manager Butler)

I_667
discussed by
Manager Butler

I-667, 671
Mr. Evarts

1-668, 672, 673
Mr, Curtis

I-669
admitted ; (yeas 26, nays 23).

I-674
advice to President by cabinet touching constitutionality of tenure-of-office act: (objected to by
Manager Butler)..

I_676
discussed by
Manager Butler...

.I-676, 677, 678
Mr. Evarts.

I- -676, 678
Mr. Curtis...

I-677, 678, 689, 692
Manager Wilson...

I-681
not admitted ; (yeas 20, nays 29).

I: 693
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)..

I-694
discussed by-
Mr. Evarts

.I694, 696
Manager Butler...

I

-694, 695
not admitted; (year 22, nay: 26)..

1697
cabinet consultations in regard to obtaining a judicial decision on constitutionality of tenure-of-office
act; (objected to by Manager Butler)..

I_698
discussed by-
Manager Butler.

I-698, 699
Mr. Evarts

..I_699
not admitted ; (yeas 19, nays 30).

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)

.I-700
not admitted; (yeas 18, nays 26).

.I701
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, nay8 26).....

1_716
answer of Foster Blodgett to Postmaster General's notice of his suspension from the office of post.
inaster at Augusta, Ga.; (objected to by Mr. Evarts).

I-722
discussed by
Mr. Evarts...

I-722, 723, 724, 725
Manager Butler

1722, 723, 724, 725
pot admitted..

I-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)

1-736
pot admitted; (yeas 14, pays 35).

I-738
Evidence, documentary, for the prosecution
copy of oatli 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....

I-148
copy of Senate resolution in executive session, January 15, 1862, consenting to appointment of Edwin
M. Stanton to be Secretary of War....

.I.148
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..

1-148
copy of Senate remolation, January 13, 1868, in response to message of President announcing beispon.
sion of Edwin 1. Stanton, and non-concurring in such suspension

155
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. Š. 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 designation 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
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

I-156
copy of Senate resolation, 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..

.I-157
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

1-157
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

I-163
letter of authority to Edmund Cooper, December 2, 1867, to act as Assistant Secretary of Treasury..1-164
cąpy of General Orders No. 15, March 12, 1868, requiring all orders relating to military operatious
issued by President or Secretary of War to be issued through General of the arıny

I-237
copy of Brevet Major General W. H. Emory's commission, July 17, 1866..

I--239
Special Orders No. 426, August 27, 1867, assigning General Emory to command of department of
Washington....

I-240
order of President, February 13, 1868, that Brevet Major General Thomas resume duties as Adjutant
General.

I-240
letter of General Grant, January 24, 1868, requesting to have in writing order given hiin verbally by
President to digregard orders of E. M. Stanton as Secretary of War, &c...

240
President's instructions to General Grant, January 29, 1808, not to obey orders from War Depart-
inent, unless, &c...

I240
letter of President to General Grant, February 10, 1868, in regard to his having vacated the office of
Secretary of War ad interim...

1-241
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

I249
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.

I-278
report of President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson, as sworn to by
Francig H. Sinith....

I_298
report of President's speech, August 18, 1866, revised by William G. Moore, his secretary.

1301
at Cleveland, September 3, 1866, in Cleveland Leader...

1-3:25
at Cleveland, September 3, 1866, by D. C. McEwen..

1_328
at Cleveland, September 3, 1866, in Cleveland Heráld..

I-333
at St. Louis, September 8, 1866, in Mideouri Democrat.

I-310
at St. Louis, September 8, 1866, in St. Louis Times....

.I.-348
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

I353
list of appointments of heads of departments at any time by President without advice and consent of
Senate and while Sepate was in session. ...

..I358
correspondence between President John Adams and Timothy Pickering, May 1800, relating to re-
moval of Mr. Pickering from office of Secretary of State....

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.

I_365
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.

I_364
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...

I-366
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-369

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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

I-376
Evidence, documentary, for the defence -

affidavit of Edwin M. Stanton, and warrant of arrest of Lorenzo Thomas, February 22, 1868. I-515
docket of entries as to disposition of case of United States vs. Lorenzo Thomas.

5.31
President's nomination of Thomas Ewing, sen., to be Secretary of War, February 22, 1868. 1_537
copy of Senate proceedings, May 13, 1800, on nomination of John Marshall to be Secretary of State,
in place of Timothy Pickering, removed..

.I_555
copy of President Tyler's order, February 29, 1844, appointing John Nelson, Attorney General, to
discharge duties of Secretary of State ad interim..

I_557
copy of Senate resolution, March 6, 1844, confirming nomination of John C. Calhoun as Secretary of
State, vice A. P. Upshur..

...1-558
copy of President Fillmore's order, July 23, 1859, designating Winfield Scott to act as Secretary of
War ad interim...

I-558
copy of Senate resolution, August 15, 1850, confirming nomination of Charles M. Conrad as Secretary
of War

I-558
copy of President Buchanan's order, January 10, 1861, appointing Moses Kelley to be Acting Secretary
of Interior

I-559
copy of President Lincoln's commission, March 5, 1861, to Caleb B. Smith as Secretary of Interior ..1-559
copy of letters of Acting Secretary of Treasury, August 17, 1842, relating to removal of collector and
appraiser in Philadelphia...

1-560
extracts from records of Navy Department exhibiting practice in respect to removals

I569
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....

I573
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.

.I-574, 590
copies of documents from Post Office Department, showing removals of postinasters during session of
Senate and ad interim appointments..

I-581
message of President Buchanan, January 15, 1861, in answer to Senate resolution respecting vacancy
in the office of Secretary of War.

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.

Im585
statement of beginning and ending of each legislative session of Congress from 1789 to 1868 ...I_594
statement of beginning and ending of each special session of Senate from 1789 to 1868

1-595
copy of President Adams's coa mission to George Washington, 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

.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

I-709
Evidence, documentary, for the prosecution, in rebuttal
Journal of first Congress, 1774-'75, exhibiting report of committee to draft commission to General
George Washington.

1-718
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.

I_719
copy of indictment in case of Foster Blodgett in district court of United States for southern district of
Georgia.

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

I-729
Ewing, Thomas, sen., nomination of, to be Secretary of War.

I-508, 516, 537, 555, 556

F.

Ferry, Orris S., a senator from Connecticut.

I_11
orders by
that the hour of meeting be at 11 a. in., and that there be a recess of thirty minutes each day at 2
p. m. : offered and rejected, (yeas 24, nays 26)

..._536
that tabular statements presented by Manager Butler be omitted from published proceedings:
offered.

I-633
adopted

-634
remarks by

I-186, 187, 336, 536, 602, 632, 633, 701, 716. II-4,495. III_394
question by.

1602
opinion on the case.

III-121
Ferry, Thomas W. (See T'estimony.)
Fessenden, William P., a senator from Maine..

remarks on the competency of the President pro tempore to sit as a member of the court.III-366, 367, 3:34, 401
remarks by...

I--176, 266, 267, 268, 336, 478, 479. 11-6,7, 195, 469, 473, 483, 485
questions by

1-267, 268
opinion on the case

III.16
Fowler, Joseph S., a senator from Tennessee..

1-11
remarks by:

I-175, 276. 11-7
opinion on the case

III_193
Frelinghuysen, Frederick T., a senator from New Jersey..

remarks on the competency of the President pro tempore to sit as a member of the court .....III-380, 385
order by-
that as many of managers and counsel as shall choose be permitted to speak on final argument,
offered and laid over...

I-451
discussed...

I-491
modified

I-495
tabled, (yeas 38, naye 10)

I-498
remarks by

I–188, 451, 491, 495. II-13,474
question by

1188
opinion on the case

III-208

Grimes, James W., a senator from Iowa

I-11
remarks on the competency of the President pro tempore to sit as a member of the court ....III—388, 394, 401
order by-
that hereafter the hour of meeting shall be 12 o'clock m. each day, except Sunday:
offered

II_99
adopted, (yeas 21, nays 13)

II-141
remarks by

1–17, 78, 179, 298, 315, 608, 701, 709. II-6, 8, 13, 99, 217, 268, 322, 360, 469, 485
question by

I-315
opinion on the case

III_328
Groesbeck, William S., of Ohio, counsel

I-34
argument, final, on the case.

II-189

H.

arlan, James, a senator from Iowa..

I_11
opinion on the case

JII-233
Henderson, John B., a senator from Missouri

Im11
orders by-
that application for thirty days to prepare for trial be postponed until after replication filed: offered
and not agreed to, (yeas 25, nays 28).

I-81
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...

I_185
agreed to, (yeas 31, nays 19)

I.186
that, subject to Rule XXI, all managers not delivering oral arguments may file written arguments
before April 24, and counsel not making oralarguments may file written arguments before April 27:
offered

II-8
remarks by

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

I-265, 529, 699
opinion on the case

III-295
Hendricks, Thomas A., a senator from Indiana...

I-11
remarks on the competency of the President pro tempore to sit as a member of the court....... III--360, 364,

392, 399, 401
order by-
that trial proceed with all convenient despatch: amendment offered and agreed to

I-86
prescribing form of final question : offered

II-478
remarks by..

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

.III95
Hour of meeting, order fixing, at 11 a. m.--[By Mr. Conness.)
offered

1631

1-633
adopted, (yeas 29
order fixing, at 12 o'clock m, each day, except Sunday-[By Mr. Grimes.
offered

II_99
adopted, (yeas 21, nays 13)

II-141
Howard, Jacob M., a senator from Michigan

I-11
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.

I-5
(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-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

1-9
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, 680, 693, 716, 738. II-5, 10, 14, 218, 219, 282, 389, 446, 472, 485, 498
questions by

I-276, 530,566, 680
opinion on the case..

III-31
Howe, Timothy O., a senator from Wisconsin

I-11
remarks on the competency of the President pro tempore to sit as a member of the court.

III-380
remarks by..

.1-36, 490, 508, 520, 533, 608, 611, 740. Il--12, 282, 283, 475
opinion on the case....

III-58
Hudson, William N. (See Testimony.)

.

I.

Impeachable crimes, definition of.

I-88, 123, 147, 476. II-286. III_355
Impeachment of Andrew Johnson, President of the United States.-
resolution (in House) providing for the, (By Mr. Cooode, Feb. 21, 1868:} referred.

J-1
reported
adopted, (yeas 126, Days 47)...

IC-2
Committee (in House) to communicate to Senate its action directing an-

ordered.
appointed..

I-3
appear at bar of Senate...
report to House

13
Committee (in House) to prepare articles ofm

ordered..
appointed.

I-3
report of

.1-3, 4, 6

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

I-3
managers elected and Senate notified...

directed to carry articles to Senate
House informed that Senate is ready to receive

I
House in Committee of the Whole to attend
appear at bar of the Senate with articles
demand that the Senate take process, &c

I-16
articles of.....

I-6
rules of procedure on the trial of...

I-6, 13
answer of respondent..

.. I-37
replication...
opening arguments.

I-87, 377
evidence...

1-147, 415
arguments

II-14-447
final vote...

II-486, 487, 496, 497
opinions..

III

J.

Johnson, Andrew, President of the United States-

articles of impeachment
summons issued to.
returned

1-18
called by proclamation...

18
appearance entered and counsel' named...

119
forty days asked to prepare answer.

I-19
answer to articles.

I-37
oath of office, April 15, 1865.

1-147
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 ..

I-156, 248
Senate's denial of power to remove and appoint communicated

1-157, 158
appointment of Edmund Cooper Assistant Secretary of Treasury

1-163, 164
order that Adjutant General Thomas resume his duties..

I-240
instructions to General Grant not to obey orders from War Department, unless, &c

I-240
letter to General Grant in regard to his having vacated the office of Secretary ad interim

I-241
telegram to Governor Parsons

I-272
message communicating report relating to amendment of the Constitution.

I--278
reports of speech August 18, 1866, in reply to Hon. Reverdy Johnson.

I-298, 301
at Cleveland, September 3, 1866.

1-325, 328, 333
at St. Louis, September 8, 1866

I-340, 348
notification to Secretary of Treasury, August 14, 1867, of suspension of Mr. Stanton

1-364
conversation with General Emory

I233, 236
with General Wallace

I-253, 256
with Mr. Wood....

_372
with Mr. Blodgett

1-375
wi.h Adjutant General Thomas

1-417, 418, 426, 427, 428, 430, 437, 438, 439, 452, 453
with Lieutenant General Sherman

I-461, 481, 483
with Mr. Cox

I--597, 605, 609, 613
with Mr. Merrick...

1-617, 623
with Mr. Perrin

I-623, 624
with Secretary Welles.

I-664, 674,675
tender of War Office to Lieutenant General Sherman.

1-461, 483, 485, 5:7, 518, 521, 528, 529
nomination of Mr. Ewing Secretary of War, February 22, 1868

1_508, 516, 537, 555, 566
instructions to test Lorenzo Thomas's right to office

I-605, 609, 620
acquittal on article XI

II.486, 487
II.

II-496
III..

II_497
Johnson, Reverdy, a senator from Maryland.

I-11
remarks on the competency of the President pro tempore to sit as a member of the court. III_361,366, 369,

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

1-84
that Senate commence the trial 2d of April: offered

I85
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,

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, 565, 568, 573, 583, 553, 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. 11-5, 6, 13, 118, 166, 189, 218, 262, 281, 282, 283, 306, 389, 469, 475, 479, 483,

484, 485, 487, 490, 498.
questions by

I-_-206, 265, 507, 317, 680
opinion on the case

III- 50
Jones, J. W. See Testimony.
Judgment of acquittal entered.

II-498

K.
Karsner, George W. (See Testimony.)
Knapp, George. (See Testimony.)

L.
Lawrence, William, a representative from Obiom

brief of authoriries upon the law of impeachable crimes, by

I-123. III-355

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