History of the Impeachment of Andrew Johnson, President of the United States Part 18

Counsel for defense offered:

A warrant of arrest of Gen. Thomas, dated February 22, 1868, and the affidavit on which the warrant issued.

(This warrant had been issued on the affidavit of Mr. Stanton.)

The yeas and nays were as follows:

Yeas--Anthony, Bayard, Buckalew, Cattell, Cole, Corbett, Cragin, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of New Hamps.h.i.+re, Patterson of Tennessee, Pomeroy, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey, Williams, Yates--34--24 Republicans and 10 Democrats.

Nays--Cameron, Conkling, Chandler, Conness, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Nye, Ramsay, Stewart, Thayer, Tipton, Wilson--17--all Republicans.

So the warrant was received in evidence.

That warrant was issued by Judge Carter, Chief Justice of the Supreme Court of the District of Columbia, upon the complaint of Edwin M.

Stanton, and charged Thomas with attempting forcibly to seize and take possession of the War Office, in violation of the fifth section of the Tenure-of-Office Act. The warrant was as follows:

UNITED STATES OF AMERICA, DISTRICT OF COLUMBIA.

To David S. Gooding, United States Marshal for the District of Columbia:

I, David K. Carter, Chief Justice of the Supreme Court for the District of Columbia, hereby command you to arrest Lorenzo Thomas, of said District, forthwith, and that you have the said Lorenzo before me at the chambers of the said Supreme Court in the City of Was.h.i.+ngton, forthwith, to answer to the charge of a high misdemeanor in this, that on the 21st day of February, 1868, in the District of Columbia, he did unlawfully accept the appointment of the office of Secretary of War ad interim, and did then and there unlawfully hold and exercise and attempt to hold and exercise the said office contrary to the provisions of the act ent.i.tled "An Act regulating the tenure of certain civil offices, pa.s.sed March 2, 1867, and hereof fail not, but make due return.

Given under my hand and seal of said court this 22nd day of February, 1868,

D. K. Carter. Chief Justice of the Supreme Court of the District of Columbia.

Attest: R. J. Meigs, Clerk. (Marshal's Return). Was.h.i.+ngton, D. C., February 22, 1868.

The within writ came to hand at 7 o'clock a.m. and was served by me on the said Lorenzo Thomas at 8 o'clock a.m, and I now return this writ and bring him before Chief Justice Carter at 9 o'clock a. m. of to-day.

David S. Gooding, U. S. Marshal, D. C.

No. 15.

Mr. Johnson, (of the Court,) asked this question of General Sherman, witness on the stand: When the President tendered to you the office of Secretary of War, ad interim, on the 27th of January, 1868, and on the 31st of the same month and year, did he, at the very time of making such tender, state to you what his purpose in so doing was?

Counsel for Prosecution objected, and Mr. Drake called for the yeas and nays, which were taken, as follows:

Yeas--Anthony, Bayard, Buckalew, Cole, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Johnson, McCreery, Morrill of Maine, Morrill of Vermont, Morton, Norton, Patterson of Tennessee, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey--16--16 Republicans and 10 Democrats.

Nays-Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Nye, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--22--all Republicans.

The question was decided to be admissible, and the answer was "yes."

No. 16.

The next question, in immediate connection with the last, was:

If he did, state what he said his purpose was?

The yeas and nays were ordered and the vote was:

Yeas--Anthony, Bayard, Buckalew, Cole, Cobertt, Davis, Dixon, Doolittle, Fessenden, Fowler, Frelinghuysen, Grimes, Henderson, Hendricks, Johnson, McCreery, Morton, Norton, Patterson of Tennessee, Ross, Sherman, Sumner, Trumbull, Van Winkle, Vickers, Willey--26--15 Republicans and 11 Democrats.

Nays--Cameron, Cattell, Chandler, Conkling, Conness, Cragin, Drake, Edmunds, Ferry, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Nye, Patterson of New Hamps.h.i.+re, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--25--all Republicans.

So the question was permitted to be answered, and General Sherman said:

The President told me that the relations between himself and Mr.

Stanton, and between Mr. Stanton and the other members of the Cabinet, were such that he could not execute the office which he filled as President of the United States without making provision ad interim for that office; that he had the right under the law; he claimed to have the right, and his purpose was to have the office administered in the interest of the Army and of the Country; and he offered me the office in that view. He did not state to me then that his purpose was to bring it to the Courts directly; but for the purpose of having the office administered properly in the interest of the Army and the whole Country.

I asked him why lawyers could not make a case, and not bring me, or any officer of the Army, into the controversy. His answer was that it was found impossible, or a case could not be made up; but, said he "if we can bring the case to the Courts, it would not stand half an hour."

Mr. Butler, of the Prosecution, objected, and after debate, General Sherman continued:

The question first asked me seemed to restrict me so close to the purpose that I endeavored to confine myself to that point alone. On the first day, or first interview, in which the President offered me the appointment ad interim, he confined himself to very general terms, and I gave him no definite answer. The second interview, which was on the afternoon of the 30th, was the interview during which he made the points which I have testified to. In speaking he referred to the const.i.tutionality of the bill known as the civil tenure-of-office bill, I think, or the tenure of civil office bill; and it was the const.i.tutionality of that bill which he seemed desirous of having tested, and which, he said, if it could be brought before the Supreme Court properly, would not stand half an hour. We also spoke of force.

I first stated that if Mr. Stanton would simply retire, although it was against my interest, against my desire, against my personal wishes, and against my official wishes, I might be willing to undertake to administer the office ad interim. Then he supposed the point was yielded; and I made this point? "Suppose Mr. Stanton do not yield?" he answered, "Oh! he will make no objection; you present the order and he will retire." I expressed my doubt, and he remarked. "I know him better than you do: he is cowardly." I then begged to be excused from giving him an answer to give the subject more reflection, and I gave him my final answer in writing. I think that letter, if you insist on knowing my views, should come into evidence, and not parol testimony taken up; but my reasons for declining the office were mostly personal in their nature.

Mr. Henderson (of the Court) asked this question:

Did the President, on either of the occasions alluded to, express to you a fixed purpose or determination to remove Mr. Stanton from his office?

General Sherman answered:

If by removal is meant a removal by force, he never conveyed to my mind such an impression; but he did most unmistakably say that he could have no more intercourse with him in the relation of President and Secretary of War.

Mr. Howard (of the Court) asked the General:

You say the President spoke of force. What did he say about force?

General Sherman answered:

I enquired, "Suppose Mr. Stanton do not yield? What then shall be done?"

"Oh," said he, "there is no necessity of considering that question. Upon the presentation of an order he will simply go away, or retire."

Mr. Henderson (of the Court) asked the question:

Did you give any opinion, or advice to the President on either of those occasions in regard to the legality or propriety of an ad interim appointment; and if so, what advice did you give, or what opinion did you express to him?

Mr. Bingham of the prosecution, objected, and the Chair put the question to the Senate whether it should be answered. The Senate, without a division, refused answer to the question, and the examination of Gen.

Sherman closed for that day.

No. 17.

Wednesday, April 15th. The defense offered several extracts from records of the Navy Department, to prove the practice of the Government in cases of removal from office by different Presidents prior to Mr. Johnson, of which the following are samples:

NAVY AGENCY AT NEW YORK.

1861. June 20. Isaac Henderson was, by direction of the President, removed from the office of Navy agent at New York, and instructed to transfer to Paymaster John D. Gibson, of United States Navy, all the public funds and other property in his charge. Navy Agency at Philadelphia.