E.

Edmunds, George F., a senator from Vermont..
orders by-

.I-17

that answer be filed April 1, replication three days thereafter, and the matter stand for trial April 6,
1868 offered.......

that when the doors shall be closed for deliberation upon final question, the official reporters shall
take down debates to be reported in proceedings: offered...

.I-24

not indefinitely postponed, (yeas 20, nays 27).
read

.II-141
...II-188

tabled, (yeas 28, nays 20)

..II-218, 471
.II-474

that the standing order of the Senate, that it will proceed at twelve o'clock noon to-morrow to vote
on the articles, be rescinded-May 11, 1868:1 offered..

.II-482

agreed to..

that the Senate now proceed to vote upon the articles, according to the rules of the Senate offered
May 16..

..II-483

agreed to.

.II-485
.II-486

remarks by..

I-24, 85, 86, 208, 211, 277, 336, 390, 451, 519, 534, 537, 566, 597, 680, 741

II-3, 10, 11, 12, 14, 141, 188, 218, 268, 471, 474, 475, 476, 479, 482, 483, 484, 485, 490, 493

that after replication filed, counsel be allowed reasonable time to prepare for trial: offered
for an adjournment in consequence of illness of Mr. Stanbery..

on application for thirty days to prepare for trial..

on authority of Chief Justice to decide questions of evidence..

on right of counsel to renew examination of a witness recalled by court..

on admissibility-

of Adjutant General Thomas's declarations to Mr. Burleigh, February 21, 1868.
to clerks of War Department..

of President's letter to General Grant, unaccompanied with enclosures

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

of telegrams relating to the reconstruction of Alabama..

of Chronicle's report of President's speech in reply to Hon. Reverdy Johnson.
of Leader's report of President's speech at Cleveland..

of President's declarations to Adjutant Genera! Thomas, February 21
prior to March 9...

of President's conversations with General Sherman, January 14..

of tender of War Office to General Sherman.

of question Whether General Sherman gave President an opinion, &c.

of affidavit and warrant of arrest of Lorenzo Thomas.

of President's message to Senate, February 24..

of extracts from records of Navy Department..

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

of President's declaration to Mr. Perrin...

to Secretary Welles

.I—522, 524, 526

.I-206, 207
....I-212
.I-244, 245
.I-258, 263, 264
.I-270, 271, 272, 273
.I-286, 288, 289
..I-322, 323, 324

.I-424

.I-429, 430

.I-470, 475

.I-482, 484
..I-501, 504, 506
I-510, 511, 514
.I-538, 539, 542, 543
.I-566, 568
.I-598, 603:
.I-625, 626, 627
.I-668, 672, 673
.I-676, 678
.I-694, 696
I-699

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

of cabinet consultations in regard to obtaining a judicial decision, &c.

of papers in Mr. Blodgett's case....

final, on the case

remarks announcing illness of Mr. Stanbery

on order in regard to limiting argument on final question....

on application for adjournment.

.I-722, 723, 724, 725
..II-269, 284, 308, 336
I-533, 590, 716

..I-497, 534. II-7,9
.I-628, 629, 631

Evidence, question, Whether objections to, should be decided by Chief Justice, or, in first instance, sub-

presiding officer may rule all questions of, which ruling shall stand as the judgment of the Senate,
unless a vote be asked, &c.; or he may, in first instance, submit such questions to Senate- [By
Mr. Henderson]-offered; I-185: agreed to; (yeas 31, nays 19).
admissibility of-

declarations of Adjutant General Thomas, February 21, as to the means by which he intended to
obtain possession of War Department: (objected to by Mr. Stanbery).

declarations of Adjutant General Thomas to clerks of War Department, antecedent to his appoint-
ment as Secretary of War ad interim, as to his intention when he came in command: (objected
to by Mr. Evarts)..

letter of President to General Grant, February 10, 1868, unaccompanied by other letters referred
to therein: (objected to by Mr. Stanbery).

..I-243

objection not sustained: (yeas 20, nays 29)..

appointment of Edmund Cooper, private secretary of President, as Assistant Secretary of
Treasury: (objected to by Mr. Evarts).

I-258

discussed by-

..I-258, 263, 264
.I-259, 260, 263, 264, 265
.I-260, 261, 262, 264
.I-262

not received; (yeas 22, nays 27)

telegrams between President and Lewis E. Parsons, January 17, 1967, in relation to constitutional
amendment and reconstruction of Alabama: (objected to by Mr. Stanbery)..

discussed by-

Manager Butler

admitted; (yeas 27, nays 17)

Chronicle's report of President's speech, August 18, 1866, in reply to Hon. Reverdy Johnson :
(objected to by Mr. Evarts)...

Leader's report of President's speech at Cleveland, September 3, 1866: (objected to by Mr. Evarts). I—322
discussed by-

declarations of President to Adjutant General Thomas, February 21, 1868, after order for removal
of Mr. Stanton, to show an absence of purpose to use force; (objected to by Manager Butler..I-420
discussed by-

.I-420, 421, 422

Mr. Stanbery.

.I-421

Mr. Evarts..

Manager Bingham.

.I-425

admitted; (yeas 42, nays 10,)

I-426

.I-429

declarations of President to Adjutant General Thomas prior to 9th March, in respect to use of force
to get possession of the War Office; (objected to by Manager Butler).

conversations between President and Lieutenant General Sherman, January 14, 1868, in regard to
removal of Mr. Stanton; (objected to by Manager Butler)

question in regard to creation of department of the Atlantic; (objected to by Manager Butler)....I-481

.I-481, 482
..I-481, 482
.I-482

tender to General Sherman of appointment as Secretary of War ad interim; (objected to by Man-
ager Butler)..

question, Whether at the first offer of War Office to General Sherman anything further passed in
reference to the tender or acceptance of it; (objected to by Manager Butler)

"President's declaration of purpose of getting Mr. Stanton's right to office before the courts; (objected
to by Manager Butler)..

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

I-488

not admitted, (yeas 25, nays 27).

I-489

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
.1-490

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

discussed by-

I-498

Manager Bingham.

Mr. Stanbery...

..I-498, 505, 506

.I-499, 501, 504

Manager Butler

Mr. Evarts..

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

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

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

.I-508

.I-510

.I-510, 511, 512, 513, 514
..I-510, 511, 514
......I-512, 513, 514
..I-515

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, 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

I-544

..I-561

.I-561, 562, 563, 564, 565, 566
.I-562, 563, 564, 565, 566, 567, 568

.I-566, 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).

.I-567

.I-568

.I-597

acts toward getting out habeas orpus 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)..

.I-612

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)..

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..

Mr. Evarts..

Mr. Curtis..

Manager Wilson...

.I-676, 677, 678
I-676, 678
.I-677, 678, 689, 692
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).

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

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

.I-726

I-736

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-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 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-148

.I-148

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

.I-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. 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 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
.I-156

.I-157

I-157

I-163

.I-237
..I-239

.I-240

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...

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 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.....

.I-240

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

I-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..

.I-278

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

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..

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-358

.I-358

I-362

.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. Courad 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
..I-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

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

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

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

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 indictmert in case of Foster Blodgett in district court of United States for southern district of
Georgia

I-719

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 24, 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..
.I—176, 266, 267, 268, 336, 478, 479. II-6, 7, 195, 469, 473, 483, 485

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
order by-

.I-267, 268
III-16
I-11
.I-175, 276. 11-7
.III-193
I-11

.......III-380, 385

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