That the President then stated that he had issued an order for the removal of Mr. Stanton and the employment of Mr. Thomas to perform the duties ad interim; that thereupon Mr. Perrin said, "Supposing Mr. Stanton should oppose the order." The President replied: "There is no danger of that, for General Thomas is already in the office." He then added: "It is only a temporary arrangement; I shall send in to the Senate at once a good name for the office.
Mr. Butler, for prosecution, objected, and the vote was:
Yeas--Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, McCreery, Patterson of Tennessee, and Vickers--9--all Democrats.
Nays--Cameron, Cattell, Chandler, Conkling, Conness, Corbett, Cragin, Drake, Ferry, Fessenden, Fowler, Frelinghuysen, Grimes, Harlan, Howard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterson of New Hampshire, Pomeroy, Ramsay, Ross, Sherman, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, and Yates---37--36 Republicans and 1 Democrat.
So this testimony was rejected.
No. 22.
Friday, April 17. The defense offered to prove:
That on this occasion (a Cabinet meeting previously mentioned), the President communicated to Mr. Welles, and the other members of his Cabinet, before the meeting broke up, that he had removed Mr. Stanton and appointed General Thomas Secretary of War ad interim; and that, upon the inquiry by Mr. Welles whether General Thomas was in possession of the office, the President replied that he was, and on further question of Welles, whether Mr.
Stanton acquiesced, the President replied that he did; all that he required was time to remove his papers.
Mr. Butler objected and the yeas and nays were ordered.
Yeas--Anthony, Bayard, Buckalew, Cole, Conkling, Corbett, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Hendricks, Johnson, McCreery, Morton, Patterson of Tennessee, Ross, Saulsbery, Sherman, Sprague, Sumner, Trumbull, Van Winkle, Vickers, Willey--26--15 Republicans and 11 Democrats.
Nays--Cameron, Cattell, Conness, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsay, Stewart, Thayer, Tipton, Williams, Wilson, Yates--2-3-all Republicans.
So the testimony was received, and the following proceeding was had Mr. Evarts, of Counsel for the President. Mr. Welles on the stand:
Please state, Mr. Welles, what communication was made by the President to the Cabinet on the subject of the removal of Mr.
Stanton and the appointment of General Thomas, and what passed at the time?
Mr. Welles: As I remarked, after the Departmental business had been disposed of, the President remarked, as usual when he had anything to communicate himself, that before they separated it would be proper for him to say that he had removed Mr. Stanton and appointed the Adjutant General Lorenzo Thomas, Secretary ad interim. I asked whether General Thomas was in possession. The President said he was; that Mr. Stanton required some little time to remove his writings, his papers; I said, perhaps, or I asked, "Mr. Stanton, then, acquiesces?" He said he did, as he considered it. * * *Question: Now, sir, one moment to a matter which you spoke of incidentally. You were there the next morning about noon?
Answer: I was.
Question: Did you then see the appointment of Mr. Ewing?
Answer: I did.
Question: Was it made out before you came there, or after, or while you were there?
Answer: While I was there.
Question: And you then saw it?
Answer: I saw it.
Question by Mr. Johnson (of the Court): What time of the day was that?
Answer: It was about twelve.
* * * Question by Mr. Evarts: Did you become aware of the Tenure-of-office bill, as it is called, at or about the time that it passed Congress?
Answer: I was aware of it.
Question: Were you present at any Cabinet meeting at which, after the passage of that Act, it became the subject of consideration?
Answer: Yes, on two occasions. The first occasion when it was brought before the Cabinet was on the 26th of February, 1867.
Question: Who were present?
Answer: All the Cabinet were present.
Question: Was Mr. Stanton there?
Answer: Mr. Stanton was there, I think, on that occasion.
Question: This civil tenure act was the subject of consideration there?
Answer: It was submitted.
Question: As a matter of consideration in the Cabinet?
Answer: For consultation for the advice and opinion of members.
Question: How did he submit the matter to your consideration?
Mr. Butler objected and demanded that the offer be put in writing.
No. 23.
That the President at a meeting of the Cabinet, while the bill was before the President for his approval, laid before the Cabinet the tenure-of-civil-office bill for their consideration and advice to the President respecting his approval of the bill:
and thereupon the members of the Cabinet then present gave their advice to the President that the bill was unconstitutional and should be returned to Congress with his objections, and that the duty of preparing a message, setting forth the objections to the constitutionality of the bill, was devolved on Mr. Seward and Mr.
Stanton; to be followed by proof as to what was done by the President and Cabinet up to the time of sending in the message.
After argument the yeas and nays were taken:
Yeas--Anthony Bayard, Buckalew, Davis, Dixon, Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, Johnson, McCreery, Patterson of Tennessee, Ross, Saulsbury, Trumbull, Van Winkle, Vickers, and Willey--20--9 Republicans and 11 Democrats.
Nays--Cameron, Cattell, Chandler, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, Morrill of Maine, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsay Sherman, Sprague, Stewart, Thayer, Tipton, Williams, Wilson, and Yates--29--all Republicans.
