led and the testimony
excluded. This exclusion impressed the public most unfavorably.

Mr. Evarts offered further on behalf of the President, "to prove that
at the meeting of the Cabinet, at which Mr. Stanton was present, held
while the Tenure-of-office Bill was before the President for his
approval, the advice of the Cabinet in regard to the same was asked
by the President and given by the Cabinet, and thereupon the question
whether Mr. Stanton and the other Secretaries who had received their
appointment from Mr. Lincoln were within the restriction upon the
President's power of removal from office created by said Act, was
considered, and the opinion was expressed that the Secretaries
appointed by Mr. Lincoln were not within such restrictions." The Chief
Justice decided "that this testimony is proper to be taken into
consideration by the Senate sitting as a Court of Impeachment,"
whereupon Senator Drake of Missouri demanded that the question be
submitted to the Senate, and by a vote of 26 to 22 the Chief Justice
was again overruled and the testimony declared to be inadmissible.

On behalf of the President, Mr. Evarts then offered "to prove that at
the Cabinet meetings between the passage of the Tenure-of-office Act
and the order of the 21st of February, 1868, for the removal of Mr.
Stanton, upon occasions when the condition of the public service was
affected by the operation of that bill and it came up for consideration
and advice by the Cabinet, it was considered by the President and
the Cabinet that a proper regard for the public service made it desirable
that upon some proper case a judicial determination of the
constitutionality of the law should be obtained." The Managers
objected to the admission of the testimony, and the Chief Justice,
apparently tired of having his decisions overruled, submitted the
question at once to the Senate. By a vote of 30 to 19 the testimony
was declared to be inadmissible. All the proffered testimony on
these several points was excluded while the Hon. Gideon Welles,
Secretary of the Navy, was on the stand. He was to be the first
witness to substantiate the offer of proof which the President's
counsel had made; to be corroborated, if need by, by other members
of the Cabinet--possibly by Mr. Stanton himself.

The testimony on both sides having been concluded, on the 22d of April
General John A. Logan, one of the Managers on the part of the House
of Representatives, filed his argu