General Sherman answered:
I enquired, "Suppose Mr. Stanton do not yield? What then shall be done?" "Oh," said he, "there is no necessity of considering that question. Upon the presentation of an order he will simply go away, or retire."
Mr. Henderson (of the Court) asked the question:
Did you give any opinion, or advice to the President on either of those occasions in regard to the legality or propriety of an ad interim appointment; and if so, what advice did you give, or what opinion did you express to him?
Mr. Bingham of the prosecution, objected, and the Chair put the question to the Senate whether it should be answered. The Senate, without a division, refused answer to the question, and the examination of Gen. Sherman closed for that day.
No. 17.
Wednesday, April 15th. The defense offered several extracts from records of the Navy Department, to prove the practice of the Government in cases of removal from office by different Presidents prior to Mr. Johnson, of which the following are samples:
NAVY AGENCY AT NEW YORK.
1861. June 20. Isaac Henderson was, by direction of the President, removed from the office of Navy agent at New York, and instructed to transfer to Paymaster John D. Gibson, of United States Navy, all the public funds and other property in his charge. Navy Agency at Philadelphia.
Dec. 26, 1851. James S. Chambers was removed from the office of Navy Agent at Philadelphia and instructed to transfer to Paymaster A. E. Watson, U. S. Navy, all the public funds and other property in his charge.