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In that interview; (referring to a previously mentioned interview between the General and the President in the presence of Gen。 Grant) what conversation took place between the President and you in regard to the removal of Mr。 Stanton?
Mr。 Butler objected and the yeas and nays were ordered。
YeasAnthony; Bayard; Buckalew; Cole; Davis; Dixon; Doolittle; Fessenden; Fowler; Grimes; Hendricks; Johnson; McCreery; Morgan; Norton; Patterson of Tennessee; Ross; Sprague; Sumner; Trumbull; Van Winkle; Vickers; and Willey2322 Republicans and 11 Democrats。
NaysCameron; Cattell; Chandler; Conkling; Conness; Corbett; Cragin; Drake; Edmunds; Ferry; Frelinghuysen; Harlan; Henderson; Howard; Morrill of Maine; Morrill of Vermont。 Morton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Stewart; Thayer; Tipton; Williams; Wilson and Yates28all Republicans。
So the proffered testimony was refused。
No。 9。
Counsel for defense put the following question to Gen。 Sherman:
At the first interview at which the tender of the duties of the Secretary of War ad interim was made to you by the President; did anything further pass between you and the President in reference to the tender or your acceptance of it?
Mr。 Drake demanded the yeas and nays; and they were as follows:
YeasAnthony; Bayard; Buckalew; Cole; Davis; Dixon; Doolittle; Fessenden; Fowler; Grimes; Hendricks; Johnson; McCreery; Morgan; Norton; Patterson of Tennessee; Ross; Sprague; Sumner; Trumbull; Van Winkle; Vickers; and Willey2312 Republicans and 11 Democrats。
NaysCameron; Cattell; Chandler; Conkling; Conness; Corbett; Cragin; Drake; Edmunds; Ferry; Frelinhuysen; Harlan; Henderson; Howard; Howe; Morrill of Maine; Morrill of Vermont; Morton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Stewart; Thayer; Tipton; Williams; Wilson and Yates29all Republicans。
So the proffered testimony was refused。
No。 10。
The next question put to Gen。 Sherman by the Defense was:
In either of these conversations did the President say to you that his object in appointing you was that he might thus get the question of Mr。 Stanton's right to the office before the Supreme Court?
Objected to by Prosecution; and yeas and nays were taken:
YeasAnthony; Bayard; Fowler; McCreery; Patterson of Tennessee; Ross; and Vickers74 Democrats; 3 Republicans。
NaysBuckalew; Cameron; Cattell; Chandler; Cole; Conkling; Conness; Corbett; Cragin; Davis; Dixon; Doolittle; Drake; Edmunds; Ferry; Fessenden; Frelinghuysen; Grimes; Harlan; Henderson; Hendricks; Howard; Howe; Johnson; Morgan; Morrill of Maine; Morrill of Vermont; Morton; Norton; Nye; Patterson of New Hampshire; Pomeroy; Ramsey; Sherman; Sprague; Stewart; Thayer; Tipton; Trumbull; Van Winkle; Willey; Williams; Wilson; and Yates4437 Republicans and 7 Democrats。
So this proffered testimony was refused。
No。 11。
Mr。 Stanbery; for Defense; suggested that the question had undoubtedly been overruled upon matter of form; at least; and put it again in this form。
Was anything said at either of those interviews by the President; as to any purpose of getting the question of Mr。 Stanton's right to the office before the courts?
This was put and determined in the negative without a division; when Mr。 Henderson offered it again in this form: Did the President; in tendering you the appointment of Secretary of War ad interim。 express the object or purpose of so doing?
Prosecution again objected; and the yeas and nays were taken:
YeasAnthony; Bayard; Buckalew; Davis; Dixon; Doolittle; Fessenden; Fowler; Grimes; Henderson; Hendricks; Johnson; McCreery; Morrill of Maine; Morton; Norton; Patterson of Tennessee; Ross; Sherman; Sprague; Sumner; Trumbull; Van Winkle。 Vickers。 and Willey…2514 Republicans and 11 Democrats。
NaysCameron; Cattell; Chandler; Cole; Conkling; Conness; Corbett; Cragin; Drake; Edmunds; Ferry; Frelinghuysen; Harlan; Howard; Howe; Morgan; Morrill of Vermont; Nye; Patterson of New Hampshire; Pomeroy; Ramsey; Stewart; Thayer; Tipton; Williams; Wilson; and Yates27all Republicans。
So the proffered evidence was refused。
No。 12。
April 13; 1868General Sherman's examination continued:
Question: After the restoration of Mr。 Stanton to office; did you form an opinion whether the good of the service required a Secretary of War other than Mr。 Stanton; and if so; did you communicate that opinion to the President?
Mr。 Conness called for the yeas and nays and they were ordered; and resulted:
YeasAnthony; Bayard; Buckalew; Dixon; Doolittle。 Fowler; Grimes; Hendricks; Johnson; McCreery Patterson; of Tennessee; Ross; Trumbull; Van Winkle and Vickers156 Republicans and 9 Democrats。
NaysCameron; Cattell; Chandler; Cole; Conkling; Conness; Corbett; Cragin; Davis; Drake; Edmunds; Fessenden; Frelinghuysen; Harlan; Henderson; Howard; Howe; Morgan; Morrill of Maine; Morrill of Vermont; Morton; Norton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Stewart; Thayer; Tipton; Willey; Williams; Wilson and Yates3533 Republicans and 2 Democrats。
So the proffered testimony was refused。
No。 13。
The next question asked of Gen。 Sherman was by Senator Johnson:
Question: Did you at any time; and when; before the President gave the order for the removal of Mr。 Stanton as Secretary of War; advise the President to appoint some other person than Mr。 Stanton?
Mr。 Drake demanded the yeas and nays; which were as following:
YeasAnthony; Bayard; Buckalew; Dixon; Doolittle; Edmunds; Fessenden; Fowler; Grimes; Henderson; Hendricks; Johnson; McCreery; Patterson of Tennessee; Ross; Trumbull; Van Winkle; Vickers18…9Republicans and 9 Democrats。
NaysCameron; Cattell; Chandler; Cole; Conkling; Conness; Corbett; Cragin; Dixon; Drake; Ferry; Frelinghuysen; Harlan; Howard; Howe; Morgan; Morrill of Maine; Morrill of Vermont; Morton; Norton; Nye; Patterson of New Hampshire; Pomeroy; Ramsay; Sherman; Stewart; Thayer; Tipton; Willey Williams; Wilson; Yates3330 Republicans and 2 Democrats。
So the proffered testimony was refused。
No。 14。
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:
YeasAnthony; 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 Hampshire; Patterson of Tennessee; Pomeroy; Ross; Sherman; Sumner; Trumbull; Van Winkle; Vickers; Willey; Williams; Yates3424 Republicans and 10 Democrats。
NaysCameron; Conkling; Chandler; Conness; Drake; Edmunds; Ferry; Harlan; Howard; Howe; Morgan; Nye; Ramsay; Stewart; Thayer; Tipton; Wilson17all 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 foll