Evidence, admissibility of-Continued.

question, Whether any suggestions were made in cabinet looking to the vacation of
force; (objected to by Manager Butler).
not admitted; (yeas 18, nays 26).

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).

..I-716

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-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-733

Evidence, documentary, for the prosecution-

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

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

.I-147

..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..

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-148

.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
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-156

.I-157

I-157

.I-163

I-237
.I-239

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 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-240

.I-240

I-241

.I-248, 249

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...
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

......I-256

copy of order of General of army to General Thomas to resume duties as Adjutant General..
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-358

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.
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

.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

.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

.I-594

.I-595

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

I-653

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

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

.1-662

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 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)

.I-536

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

remarks on the competency of the President pro tempore to sit as a member of the court..III-366, 367, 394, 401
remarks by.

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-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,

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

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

I-11
.III-388, 394, 401

II-99

adopted, (yeas 21, nays 13)

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-185
I-186

II-8

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

questions by.

opinion on the case

......

Hendricks, Thomas A., a senator from Indiana..

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

.I—265, 529, 699
III-295
I-11

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

order by-

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.

adopted, (yeas 21, nays 13)

.II-99
.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....
(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.

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)

I-16
II-218

remarks by..I-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

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

opinion on the case..

I-11
III-380
II-12, 282,283, 475
III-58

Hudson, William N. (See Testimony.)

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. Covode, Feb. 21, 1868:] referred
reported..

adopted, (yeas 126, nays 47).

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

ze, April 15, 1865.

of Edwin M. Stanton, Secretary of War, and designation of General
communicated to Senate December 12, 1867.
on-concurrence in, communicated

Edwin M. Stanton, Secretary of War, and designation of Lorenzo Th
February 21, 1868

enial of power to remove and appoint communicated

t of Edmund Cooper Assistant Secretary of Treasury

djutant General Thomas resume his duties...

to General Grant not to obey orders from War Department, unless,
eral Grant in regard to his having vacated the office of Secretary ad
Governor Parsons

municating report relating to amendment of the Constitution..
Deech August 18, 1866, in reply to Hon. Reverdy Johnson..

nd, September 3, 1866.

is, September 8, 1866.

to Secretary of Treasury, August 14, 1867, of suspension of Mr. Stan
with General Emory.

commence the trial 2d of April: offered

? managers be permitted to file printed arguments, &c. : amendment
I-18, 33, 78, 82, 83, 84, 85, 147, 154, 160, 161, 176, 206, 208, 209, 236
325, 362, 365, 368, 370, 372, 397, 452, 486, 487, 495, 507, 515, 5
523, 524, 528, 529,532, 534, 537; 562, 563, 564, 566, 568, 573, 5
626, 644, 654, 661, 669, 675, 676 680, 692, 709, 711, 714, 716,
740, 741. II-5, 6, 13, 118, 166, 189, 218, 262, 281, 282, 283,
484, 485, 487, 490, 498.

that Senate meet on Monday next (May 11) at 11 a. m., for deliberation, and on Tuesday at 12 m.
proceed to vote without debate on the several articles-each senator to be permitted to file his
written opinion within two days after the vote: offered

agreed to..

remarks by

opinion on the case

Morrill, Lot M., a senator from Maine

I-11

I-11

..II-476
..II-478

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

...I-390. II-249, 476, 478
.III-136
I-11
.............III—364, 394

.II-476

.I-185, 442. II-470, 476, 493, 494, 495
.II-126
I-11
...III-367, 387
...I-24, 86, 674. II-219, 485

that Senate proceed on Monday next to take the yeas and nays on the articles without debate; any
senator to have permission to file a written opinion: offered..
remarks by

opinion on the case

Morton, Oliver P., a senator from Indiana

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

withdrawn

question. Whether it is competent for the President pro tempore of the Senate to take the, and become
thereby a part of the court-[By Mr. Hendricks]-discussed..

.I-11, 12, 17, 34

.III-360

Officers, territorial and executive, list of, with their tenures..

.III-400

agreed to...

Opinion: order, that each senator shall be permitted to file, within two days after the vote shall have
been taken, to be printed with the proceedings [By Mr. Morrill of Vermont]..

..I--548

..II-476

filed by-

..II-478

Mr. Buckalew

Mr. Cattell

.III-218

Mr. Davis

Mr. Doolittle

Mr. Edmunds..

Mr. Ferry.....

Mr. Fessenden..

Mr. Fowler.

Mr. Frelinghuysen.

Mr. Grimes..

.III-178

III-156

III-244

.III-82

.III-121

.III-16

..III-193

III-208

Mr. Harlan..

III-328

Mr. Henderson

.III-233

Mr. Hendricks..

..III-295

Mr. Howard.

...III-95

Mr. Howe..

..III-31

Mr. Johnson.

.III-58

Mr. Morrill, of Maine

..III-50

Mr. Morrill, of Vermont

III-126

Mr. Patterson, of New Hampshire..

III-136

Mr. Pomeroy

..III-309

Mr. Sherman.

.III-340

Mr. Stewart.

.III-3

..III-152