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Sherman, John-Continued.

orders by-
that trial proceed on 6th of April: offered and discussed


that under the rules all questions other than of order should be submitted to Senate: offered......I-185
that additional time allowed by amendment to Rule XXI shall not exceed three hours: offered....I-495
that managers and counsel have leave to file written or printed arguments before oral argument
commences: offered.

remarks by..


that managers be permitted to file printed or written arguments: amendment offered..
...I-25, 82, 83, 154, 155, 181, 185, 264, 363, 449, 451, 494, 496, 537, 565, 568, 589, 608, 611, 673, 676,
709, 715, 716, 741. II-5, 6, 83, 84, 188, 280, 281, 359, 403, 469, 471, 473, 475, 479, 480, 487
.I-181, 264, 568

questions by

opinion on the case

Sherman, William T. (See Testimony.)

Smith, Francis H. (See Testimony.)

Sprague, William, a senator from Rhode Island..
remarks by..

Stanbery, Henry, of Kentucky, counsel

motions by-

for an allowance of forty days to prepare answer

for an allowance of thirty days to prepare for trial
denied, (yeas 12, nays 41)..

argument by-

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of Adjt. Genl. Thomas's, declarations to Mr. Burleigh, February 21, 1868...I-188, 192, 193, 195, 206, 207
of President's letter to General Grant, unaccompanied with enclosures..

of appointment of Edmund Cooper to be Assistant Secretary of Treasury.

of telegrams relating to the reconstruction of Alabama..

of President's declarations to Adjutant General Thomas, February 21

I-244, 245

.I-260, 261, 262, 264
I-270, 275

of conversations between President and Gen'l Sherman, January 12 .. -I-462, 463, 465, 468, 469, 471, 472
of question respecting department of the Atlantic.

of tender of War office to General Sherman..


I-481, 482

of President's purpose to get the question before the courts..

of question, Whether General Sherman formed and gave the President an opinion, &c...I-499, 501, 504
of affidavit and warrant of arrest of Lorenzo Thomas..

on motion to remove limit to number of speakers on final argument..

.I-512, 513, 514

on right of counsel to renew examination of a witness recalled by court..
final, on the case..

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

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






that Chief Justice presiding has no authority to vote on any question during the trial, &c.:
offered and rejected, (yeas 22, nays 26,).


that where the Senate were equally divided, and Chief Justice gave a casting vote, such vote was
without authority under the Constitution:

offered and rejected, (yeas 21, nays 27,)..


that trial proceed without delay on account of removal of limit provided by Rule XXI:

amendment offered and accepted..


that on final argument the several managers who speak shall close :



that under rule limiting argument to two on a side, such others as choose may file arguments at any
time before the argument of the closing manager:

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Sumner, Charles, orders by-Continued.

that all evidence offered not trivial or obviously irrelevant be received without objection, to be
open to question at the bar to determine its value, and to be sifted and weighed in the final


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that Senate proceed to vote on the several articles of impeachment at twelve o'clock on the day
after close of arguments:


called up..



II-474, 476

that after removal, which follows conviction, any further judgment shall be determined by a majority
of members present:
offered and laid over..


that Mr. Nelson, one of counsel, having used disorderly words, has deserved the disapprobation of
the Senate:'

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that the question be put as proposed by presiding officer, and each senator shall rise in his place
and answer "Guilty" or "Not guilty" only:
offered and agreed to..


rules by-

XXIII, in taking the votes of Senate on the articles, presiding officer shall call each senator by
name, and upon each article propose the question of "Guilty or not guilty?" whereupon each
senator shall rise in his place and answer:




proposed April 25

laid over....

called up..

XXIV, on a conviction by Senate it shall be the duty of presiding officer forthwith to pronounce the
removal from office of the convicted person; any further judgment shall be on the order of

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remarks by....I-24, 25, 85, 86, 154, 155, 185, 186, 187, 265, 298, 367, 370, 371, 489, 491, 496, 497, 532, 534, 536, 561,
589, 631, 632, 633, 673. II-99, 141, 188, 189, 203, 218, 219, 249, 280, 281,
307, 308, 471, 475, 477, 478, 479, 481, 490, 498
on the question, Can the Chief Justice, presiding in the Senate, rule or vote

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William J. McDonald: service of Senate resolutions at office of President.
J. W. Jones: service of Senate resolution on Adjutant General Thomas
C. E. Creecy: form of commission before and after tenure-of-office act, I-160, 161, 162; commission of
Edmund Cooper, as Assistant Secretary of Treasury, I-163; date of change in form of commis-
sion, I-164; President's notification to Secretary of Treasury of Secretary Stanton's suspen-
sion, I-363, 364; notification of Secretary of Treasury to heads of bureaus, I-366.
Burt Van Horn: Adjutant General Thomas's demand for possession of War Department...
James K. Moorhead: Adjutant General Thomas's demand for possession of War Department....1-170-174
Walter A. Burleigh: Adjutant General Thomas's account of interview with Secretary Stanton, I-
174; his intentions, I-188; his declarations to clerks, I-211, 214, 215, 219, 220; means by which he
intended to obtain possession, I-175, 188, 210, 211, 218, 219.



Thomas W. Ferry: occurrences at War Department, February 22.

Samuel Wilkeson: Adjutant General Thomas's account of interview with Secretary Stanton
George W. Karsner: conversations with Adjutant General Thomas, I-223-230; his intentions, I—224,
227; interview with Secretary Stanton, I-231.

William H. Emory: conversations with President in reference to troops, I-233-236; Orders No. 15
and 17, I-235, 238.
George W. Wallace: conversation with President in regard to garrison at Washington and movement
of troops



William E. Chandler: process of drawing money from Treasury Department, I-256, 265, 266; course
of issuing commission to an officer confirmed by Senate, I-257; authority of Assistant Secretary
of Treasury to sign warrants, I-266; the practice, I-267.
Charles A. Tinker: telegrams between Lewis E. Parsons and President relating to reconstruction in
Alabama, I-268-272; President's speech, August 18, 1866, as telegraphed, I-280, 281, 289, 290.
James B. Sheridan: President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson, I-281-
283; manner of reporting it, I-282, 283, 291; corrections by President's secretary, I-281, 290, 291.
James O. Clephane: President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson, I-283,
284; revision by President's secretary, I-284, 294; verbatim report rewritten for Chronicle, I-284,
285, 286.

Daniel C. McEwen: President's speech at Cleveland, September 3, 1866..

Francis H. Smith: President's speech, August 18, 1866, I-292, 293; revision by President's secretary,
William G. Moore: corrections of report of President's speech, August 18, 1866....
-I-294, 297
William N. Hudson: President's speech at Cleveland, September 3, 1866, reported for Cleveland
Leader, I-304-310; cries of the crowd, I-310-315.


Everett D. Stark: President's speech at Cleveland, September 3, 1866, reported for Cleveland


L. L. Walbridge: President's speech at St. Louis, September 8, 1866..
Joseph A. Dear: President's speech at St. Louis.....

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Testimony for the prosecution-Continued.

Robert S. Chew: change in form of commissions after passage of civil-tenure act, I-351, 357; change
in plate for printing forms, I-352; list of appointments of heads of departments, I-353, 360, 361;
appointments of acting Secretaries of State, I-359; from whom, I-360, 361.

H. Wood: interview with President, September, 1866, I-372; President and Congress, I-373; pat-
ronage, I-373; statement to Mr. Koppel, I-373, 374, 375.

Foster Blodgett: suspension from office of postmaster at Augusta, Georgia........
Testimony for the defence-


Lorenzo Thomas: service, I-415, 432; restoration to duty as Adjutant General, I-416, 417, 433;
appointment as Secretary of War ad interim, I-418, 433, 434, 435, 436; letter of Mr. Stanton, I-420;
arrest, I-427, 441; interviews with Secretary Stanton, I-417, 418, 419, 428, 429, 437, 460; with Pres-
ident, I-417, 418, 426, 427, 428, 430, 437, 438, 439, 452, 453; with Mr. Burleigh, I-431, 439, 440, 442, 452;
with Mr. Karsner, I-431, 432, 448, 449, 453; with Mr. Wilkeson, I-439; with B. B. Johnson, I-
454, 455; use of force, I-420, 429, 430, 431, 440, 441, 442, 443, 444; testimony before House commit-
tee, I-433, 442, 449, 457, 458, 459; would obey President's orders, I-434, 435, 437, 443; address to
clerks, I-450; corrections of testimony, I-452.

William T. Sherman: duties in Washington, December, 1867, I-460, 461; interviews with President,
I-461, 481, 483; tender of appointment as Secretary of War ad interim, I-461, 483, 485, 517; Pres-
ident's declarations of purpose in making tender, I-485, 517, 518, 521, 528, 529; use of force, I—529,

R. J. Meigs: warrant of arrest of Lorenzo Thomas, I-508, 516; docket of entries, I-517, 531.
D. W. C. Clarke: nomination of Thomas Ewing, sen., to be Secretary of War, February 22, 1868,
I-537; when received, I-537, 555.

William G. Moore: nomination of Mr. Ewing to be Secretary of War, I-556; when received, I—556;
and delivered, I-557.

Walter S. Cox: counsel for Adjutant General Thomas, I-595, 596; employed by President, I-597,
613; President's instructions, I-605, 609; proceedings and their purpose, I-606-609, 612-617; appli-
cation for habeas corpus, I-606-609; preparation of quo warranto, I-612; making a test case, I—
605, 611, 612; J. H. Bradley, I-614; discharge of Thomas, I-609, 617.

Richard T. Merrick: employment in case of General Thomas, I-617-623; report to President, I-618;
President's instructions, February 22, in respect to obtaining habeas corpus, I-620; acts in refer-
ence thereto, I-620, 621; discharge of Thomas, I-622.

Edwin O. Perrin: interview with President, February 21
Wm. W. Armstrong: President's speech at Cleveland
Barton Able: President's speech at St. Louis..
George Knapp: President's speech at St. Louis

.I-623, 624


Henry F. Zider: President's speech at St. Louis, I-643; corrections, I-643, 644; differences in re-
ports, I-646-653.

Frederick W. Seward: practice in appointments of vice-consuls

.I-660, 661

Gideon Welles: date of commission, I-663, 701; movements of troops, February 21, 1868, I-663,
702, 703; conversation with President, I-664, 674, 675; removal of Mr. Stanton, I-666, 667, 674;
appointment of Mr. Ewing, February 22, I-664, 702; consideration of civil-tenure act in cabinet,
I-675, 693, 697, 700.

Edgar T. Welles: form of navy agent's commission, I-704; movement of troops, I-705, 706.
Alexander W. Randall: date of commission, I-707; suspension of Foster Blodgett, I-707-715; law
by which he was suspended, I-711; indictment, I-712, 713, 714, 719; explanation, I-726, 727.
Thayer, John M., a senator from Nebraska....

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

Thomas, Lorenzo-

rank and service of..

restoration of, to duty as Adjutant General

appointment of, Secretary of War ad interim..
Senate resolution on, communicated to..
letter of, accepting..

demand of, for possession.
conversations of→

with President.

with Secretary Stanton.

with Mr. Burleigh..

with Mr. Wilkeson


..I-184, 208, 489, 490, 536, 606. II-8, 472, 493

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.I—164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 220, 221, 222, 223, 232

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with Mr. Karsner..

with Mr. B. B. Johnson

declarations of, to clerks of the War Office..
intentions of, as to obtaining possession..
arrest of, and proceedings thereon..

-223, 439

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.I-427, 441, 515

Tickets, order, (in Senate,) that during the trial, no persons besides those who have the privilege of the
floor, &c., shall be admitted except upon, issued by the Sergeant-at-arms.-[By Mr. Anthony.]
agreed to..


Tinker, Charles A. (See Testimony.)

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Manager Bingham..

.I-32, 33

order that, unless otherwise ordered, the, proceed immediately after replication filed-[By Mr. Conkling.]

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application of counsel for reasonable time, after replication filed, to prepare for
order fixing the 30th of March for commencement of-[By Mr. Conkling.]

offered and agreed to, (yeas 28, nays 24)







.I-31, 32, 85

I-83, 84, 85




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that as many of managers as desire be permitted to file arguments or address Senate orally; but
the conclusion of oral argument shall be by one manager, as provided by rule XXI:

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that any two of managers, except those who open and close, and who have not addressed Senate,
may file written arguments before adjournment or make oral addresses after the opening by one
of managers and first reply of counsel, and that other two of counsel who have not spoken may
reply, but alternating with said two managers, leaving closing argument for President and mana-
gers' final reply under original rule: offered, II-3; disagreed to, (yeas 20, nays 26,) II—4.
that one of managers may file printed argument before adjournment, and that after oral opening by
a manager and reply by one of counsel another counsel may file written or make oral address, to
be followed by closing speech of one of counsel and final reply of a manager: offered.
remarks by.

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that consideration of respondent's application for time be postponed until managers have sub-
mitted their evidence: offered..

remarks on the competency of the President pro tempore to sit as a member of the court.......III-365, 366
orders by-




that no senator shall speak more than once, nor to exceed fifteen minutes during deliberations on
final questions: offered




tabled, (yeas 28, nays 20)..


that the question shall be taken on the eleventh article first, and thereafter on the other ten suc-
cessively as they stand: agreed to, (yeas 34, nays 19)..

.II-484, 485

that the several orders heretofore adopted as to the order of voting upon the articles be
rescinded; offered


agreed to..


remarks by..I-85, 86, 187, 267, 497, 522, 524, 528, 634, 692, 706. П-218, 472, 479, 484, 487, 490, 492, 495, 496, 4J7
questions by-

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remarks on motion relating to the number of speakers on final argument..

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of employment of counsel by President to get up test case..

of President's declarations to Mr. Perrin ..

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

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Witness. (See Practice.)


I-25, 31, 32, 86, 181, 184, 740. II-6, 141, 434, 473


question, Whether counsel can renew examination of a, recalled by court-[By Mr. Williams].

discussed by-

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Witnesses for the prosecution. (For analysis of testimony see Testimony.)

Blodgett, Foster, suspension from office..

Burleigh, Walter A., conversations with Thomas..

Chandler, William E., drawing money from treasury...

Chew, Robert S., form of commissions..

Clephane, James O., President's speech, August 18, 1866.

Creecy, Charles E., form of commission.

Dear, Joseph A., President's St. Louis speech..

Emory, William H., conversations with President; troops.

Hudson, William N., President's Cleveland speech..

Ferry, Thomas W., demand of War Office..

Jones, J. W., service of Senate resolution...

Karsner, George W., conversations with Thomas..

McDonald, William J., service of Senate resolutions..

McEwen, Daniel C., President's Cleveland speech....

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Moore, William G., corrections President's speech, August 18, 1866..
Moorhead, James K., demand of War Office.

Sheridan, James B., President's speech, August 18, 1866.

Smith, Francis H., President's speech, August 18, 1866.

Stark, Everett D., President's Cleveland speech.

Tinker, Charles A., telegrams.

Van Horn, Burt, demand of War Office..

Walbridge, L. L., President's St. Louis speech

Wallace, George W., conversations with President; troops..
Wilkeson, Samuel, conversations with Thomas..

Wood, H., interview with President...

Witnesses for the defence-

Able, Barton, President's St. Louis speech..

Armstrong, William W., President's Cleveland speech.

Clarke, D. W. C., nomination of Mr. Ewing....

Cox, Walter S., test case..

Knapp, George, President's St. Louis speech..
Meigs, R. J., arrest of Thomas.

Merrick, Richard T., case of Thomas; habeas corpus..
Moore, William G., nomination of Mr. Ewing...
Perrin, Edwin O., conversations with President..
Randall, Alexander W., Foster Blodgett's case..
Seward, Frederick W., practice in appointments..
Sherman, William T., tender of War Office..

Thomas, Lorenzo, appointment; acts; conversations

I-223, 231





I-281, 290



.I-268, 280, 289








I-537, 556


.I-508, 534



I-707, 719

.I-460, 498, 517
.I-415, 452

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Yates, Richard, senator from Illinois..


remarks by..

.I—610, 718, 739. II-3, 12, 13, 140, 266, 479

order by-

that four of managers and counsel be permitted to make printed, written, or oral arguments, the
manager to have opening and closing, subject to Rule XXI; offered..
disagreed to, (yeas, 18, nays 31)..

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of President's declarations to Adjutant General Thomas, February 21, (yeas 42, nays 10)

adjournment over...

admissibility of Adjutant General Thomas's declarations to Walter A. Burleigh,
to clerks of War Department, (yeas 28, nays 22).

of President's letter to General Grant, without enclosures, (yeas 29, nays 20).
of testimony relating to appointment of Edmund Cooper, (yeas 22, nays 27).
of telegrams between President and Lewis E. Parsons, (yeas 27, nays 17).
of Leader's report of President's speech at Cleveland, (yeas 35, nays 11).

of President's conversation with General Sherman, (yeas 23, nays 28).

in regard to tender of War Office, (yeas 23, nays 29)

.I-276, 298, 390, 489, 490
II-471, 488, 489, 494, 495
(yeas 39, nays 11)..1-209

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of Whether General Sherman gave President an opinion as to advisability of a change in the War
Office, (yeas 15, nays 35)

of advice by General Sherman to President to appoint, &c., (yeas 18, nays 32)
of affidavit and warrant of arrest of Lorenzo Thomas, (yeas 34, nays 17)



of Whether President stated to General Sherman his purpose in tendering him the office of Secre-
tary of War ad interim, (yeas 26, nays 22)

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of President's declaration of purpose to General Sherman in tendering him the office of Secretary
of War ad interim, (yeas 26, nays 25)


of extracts from records of Navy Department, (yeas 36, nays 15).......


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