Nays-Bayard, Buckalew, Davis, Dixon, Doolittle, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Vickers—11—all Democrats.
So, the Senate decided that the question should be answered.
General Butler repeated the interrogatory, and Mr. Burleigh's answer was as follows:
On the evening of February 21st last, I learned that General Thomas had been appointed Secretary of War ad interim, I think while at the Metropolitan Hotel. I invited Mr. Leonard Smith, of Leavenworth, Kas., to go with me up to his house and see him. We took a carriage and went up. I found the General there ready to go out with his daughters to spend the evening at some place of amusement. I told him I would not detain him if he was going out; but he insisted on my sitting down and I sat down for a few moments. I told him I had learned he had been appointed Secretary of War. He said he had; that he had been appointed that day, I think; that after receiving his appointment from the President he went to the War Office to show his authority, or his appointment, to Secretary Stanton, and also his order to take possession of the office; that the Secretary remarked to him that he supposed he would give him time to remove his personal effects, or his private papers, or something to that effect; and the answer was "certainly." He said that in a short time the Secretary asked him if he would give him a copy of his order, and he replied "certainly," and gave it to him. He said that it was no more than right to give him time to take out his personal effects. I asked him when he was going to assume the duties of the office. He remarked that he should take possession the next morning at ten o'clock, which would be the 22nd; and I think in that connection he stated that he had issued some order in regard to the observance of the day; but of that I am not sure. I remarked to him that I should be up at that end of the avenue the next day, and he asked me to come in and see him. I asked him where I could find him and he said in the Secretary's room up stairs. I told him I would be there. Said he, "be there punctually at 10 o'clock." Said I, "you are going to take possession to-morrow?" "Yes." Said he, "suppose Stanton objects to it—resists?" "Well," said he, "I expect to meet force by force. Or use force."
Mr. Conkling: "Repeat that."
The witness. I asked him what he would do if Stanton objected, or resisted. He said he would use force, or resort to force. Said I, "Suppose he bars the doors?" His reply was. "I will break them down." I think that was about all the conversation that we had there in that connection.
No. 2.
The next disputed interrogatory put by General Butler to the witness was:
Shortly after this conversation about which you have testified, and after the President restored Major General Thomas to the office of Adjutant General, if you know the fact that he was so restored, were you present in the War Department, and did you hear Thomas make any statements to the officers and clerks, or either of them, belonging to the War Office, as to the rules and orders of Mr. Stanton or of the War Office which he, Thomas, would make, revoke, relax, or rescind, in favor of such officers or employes when he had control of the affairs therein? If so, state as near as you can when it was such conversation occurred, and state all he said, as near as you can.
Mr. Howard demanded the yeas and nays and they were ordered and were as follows: