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'Tx •Irr T 1 TT-, 1 a 1 QAQ -NUMBER 9
ffE
islid
SICOU fillTlol.
P01:11Nt 4:NCILOC/C. lk. M.
FORTIETH, COMIIIESK.
The lall'eschinent
Stanbpry Sot Present—The Pres
'deist's Message to the Senate, on
the SUblect of the Disapprot - al
by the Senate of, His Action. in
• the Stant on Matter, Offered in
Evidence—lt is Ruled Out by
the. Chief ,JustiCeL-The., Ruling
Sustained Without a Vote.
My 'recent& to trio Pittsburgh Bette.] •
WAsurisorox, April 15, 18GS.
SENATE.
After reading the Journal, Senator ED
.
MINDS — offered an amendment te Senator
Simmer's Arder, so that additional argu
ments of Managers shall be filed before the
conclusion of the closing argument. - •
Senator CONNESS offered a substitute,
allowing as many to speak on both sides as
desire, provided only four days be consum
ed by each side. Lost-19 to 27.
Senator DOOLITTLE offered an amend
•
t'he opposing counsel speak alter
nate days until all have finished.
'Senator DR.kRE moved to postpone the
sulijt indefinitely. Agreed to-34 to 15.
Mr. FAr.AHTS said although Mr.•Stan
bery was
not vet able to be present, yet
whaling to avoid delay, counsel would pro
ceed to offer documentary evidence to-day,
and hoped they couldtomorrow goon with
oral testimony.
D. - Clarke, Executive Clerk of the Senate
verified the message nominating Thomas
Ewing as Secretary of War, received .Febmiry
Mr. EVARTS then offered a. -message,
dated Febrnary 24th, in response to Senate
resolution concerning the removal of Stan
ton.
31±. BETLER objected. He said the ar
ticle' of proof is not objected to, but "the
proof itself is, for a very plain reason.; This
message was sent after the President was
impeached by the House, and of course his
declarations,put in or attempted to be put in,
after tdaimpeachment, whether directed to
the Senate , or anybody else, cannot be given
in etidence.• The exact order of time 'nay
not be in the minds of the Senate. I will,
therefore, state it. On the 21st of February
a:resolution Was offered in the House looking
to the Impeachment of the President, and
it was referred to a Committee. On the 22d
of February the Oanimittee reported and
Impeachment was lietually voted. Then,
intervened Sunday, 23d. Any message
' sent on the 24th of February must have
been known to the President to he after bis
Impeachment. -
Mr.-CURTIS--It will be recollected, the
Hon. Managers pritin evidence aresoin
efthe.Senate tciwldeti this message
lii'rmebfile:-'-'=W-tfiti question is Whether
the Managers can pia, in evidence a resolve
of the Senate, transmittedto the-President,
- with reference tothe removal of •Stanton,•
and rates° to receive a reply which the
President made to that resolve.
Mr. BUTLER—I have;only to say that
this is an argument to prejudice and, not to
law. 'Will my learrieil friends opposite
dire to say that they have read of a case
where,- after the indictment of a crim
inal, the respondent was allowed to
prit in evidence his statement of his own
defence! If se, where does that right
'Cease?, We put in the resolution referred
to becatise it is part of the transaction of
Stanton. It was made before impeachment
was determined upon . , and now we are
asked to admit the criminal's declaratibn
after that day. I only ask the Senate to
consider it as a precedent hereafter, as well
as being a' great - wrong upon the people,
- that after indictment, after impeachment,
the President can send in a message which
shall be taken as evidence.
Mr. EVARTS—The learned Managers ask
whether we dare to do something. We.
- have not been in the habit of considering a
measure for the conducting of forensic
disputation to •be a question of daring.
We are not in the habit of applying such
epithets to opponents, nor in the habit
hitherto of receiving them. • The measure
of duty of counsel is the measure which
we shall strive to obey, and not the meas
ure of daring, if for no other reason than
that on questions of law, of fact, and of
evidence we may perhaps expect some su
periority, but not on measures of daring.
[Laughter.] Is the learned Manager en
tirely right in saying impeachment was
voted onthe 2.?..d of February. The 22d was
Saturday, and unless I am mistaken 'a vote
was not taken until Monday following.
• Mr. BUTLER=Tke vote was taken on
fititurdav, the 22d of February.
Mr.'EVARTS—That is, that articles of
hnpeachment shall be brought in?
Mr. BUTLER:--Yes, sir.
Mr. EVARTS—The articles; however,
were not voted on until the 21th. Now, it
is said, that because the vote that impeach
ment should proceed was taken on the 22d
of February, that impugns the admis.sa
bility of the evidence proposed to be laid
before tho Senate. My learned associate
has distinctly stated the , situation of the
matter. Perhaps, both of these transac
tions, the vote in the Senate and this mes
sage, may be within the range of the argu
ment. But the Managers 'have putl
in evidence .this transaction of the
Senate o ., and exactly what bearing
that has as a = part of , the res geatae,
the removal of Mr. Stanton, which took
;platie,hafate'ethe resoltdien was passed by
the Senate, It is not easy to see. It was
however, received as proper evidence, and
the reason we did not consider it objection
able was, we supposed, as a -matter of
- - course, that,thia message, which is in an
ewer to that regolntion, would be'admissa
ble in testimony. We submit, therefore,,
that on every principle of law and of ills
' cession in reference to completeness of the
record on the point, this message of the
President should be allowed to be read and
- given in evidence.
• Mr BUTLER-4 pimply call tale atten
4.'•J • theßenitte to the fact that r whether,
as a matter of daring or of professional
knowledgeneither counsel have stated'
any possible reason why this paper should
be qieeived in evidence. We pat in the
resolve of the Senate to show that notwith
standing that resolve was served upon:the
-.l,l"Aeshieht-on , the night of the 21st of Feb
rtatrOotit,i).l, went on and treated this
LOrenz6 Mimes as -Secretary of War, qd
interim, that Lorenzo Thomas wait thus re
. cognized by him after that -as ..Sento ,
tary ad Interim, and thatafte,r that.-
Lorenzo a ' Thome, . carrying , '
, ' his' 'designto; ,- talge possession •of
tt Stoat by-farce. Wiieffared it in order to
Abco,:that' the , President: was determines}_
tbbNii
- 'of the larid;and nO
!•ii';?!..loe*oasservedOpirti:him for the. purpose
)-7 1 4 44r1r, him know the action bf the Sen. -
- „he might stay, his hand. Now, can
• jlWaltdartielep Inge after that, and af
ter
he was impeach by the - Howie of
Representatives, be put in evidence? One
ounce of action in obedience to law and
El
i
,
theresolution.of
_the Senate would have iaank time. Yet :he has - not hesitated i to;
been a great deal better than pages Of argu- say, and again to 'repeat,: that ther e is no
meat.,Twill not use the word "dare," for color of justification lbr the attempt of the
I know that counsel would dare do all that President cif the United - States to'- defend
good lawyers would dare -do in favor of himself, or for the effort - that his: , connset
their client: but I will say that the gentle- make to defend him. We do neVieceiVe
men hive not shown any sound reason .on our laWs from the learned Manager.
which this can be done. - Mr. BINGHAM—WiII the gentleman al:
r ' The-(..RLSIF,JUSTICE directed the coun- low me—
Safer the 'President to:put in writing what Mr. EVARTS :proceeded with his re
they proposed to offer, marks,
". - While they were 'engaged in doing so, Mr. BINGHAM--Tho gentleman misrep-
Mr. BUTLER said that to prevent mistake resents me.
tie had sent the Clerk of the House for the , Mr. EVARTS—I do Dot Jnisrepresent the
record "of the proceedings on impeach- honorable Manager.
ment: ' •-- ~' ' 1 • Mr. BINGHAM—I did not saythere was •
,
1 • Mr. McPherson,-Clerk of the House, hay- no color of excuse for the President's at-.
'ling come in , soon:, after and handed the tempt to defend himself, or for hie.counsel
House Journal to Mr. Butler, to•defend -him': but there - was no color of
' Mi." BUTLER ettid—l find upon examine- excuse for offering this testimony:
Lion that the of the record is this: on - . Mr. EVARTS—It all comes to a single
the."2 l ot.Of VehktiiirSt.the -Sifolution of im- -thing; - Everything that is admitted in our
peachment was prepared and referred to a view or line of the subject of controversy,
Committee. On the 22d the Committee re- except it conform to-the preliminary views
ported and that report was debated throug h which the learned Managers . choose to
"the 22d and into Monday the 24th, and t he throw down, is regarded as whollyoutside
actual vote taken on Meriday the 24th...... , - of-thecolor Of law and okright on the part
- • Mr. EVARTS--I.fate *lathe afternoon; at of the - President and hia.istunsel, and it ii
5:36 o'cleck., So I Kai correct. so repeatedly charged. Now, if the crime
- Mr. BINGHAM—I- rise to state further • was completed on the 2,lst; which •is, not
reasons why we insist - upon this Objection. only the whole basis or i this argutnent of
:The ItonSe, as tippqiirarbYtha journal. voted • the learned Manager, . -but .of every. other
:en-the 24th Of TWeutiry that Androok 'John- alignment of evidence which I have had the
son be impeached of high crimesendmisde- honor of hearing. from him, I should like
vietinern.r 'Connie day precedinghe '441 of to know what a p plication and relevancy
t ,
February; it appears the Senate oceeded the resolution had which was passed by
to consider another message of t e Presi- the. Senate on the 21st of February,
dent, in which-he had reported to the San- - after the act of the President had
ate he had removed from the Department of been, -completed, and after the act
War E. M. Stanton, then Secretary War: had been communicated to the Sen-
By previous action of the. Senate, the Sen- ate. - There can be no single principle
ate refused to concur in the suspension, and of, law, of evidence, .on which that view
refused to acquiesce in the reasons as- can be proved on behalf ofthe Managers.
signed by the President under the Tenure- and on which the reply of the President
of-Office act. Having given the .President can, be excluded. What will be thought in
notice thereof, the President • proceeds a criminal prosecution, if the prosecution
thereupon to remove him and to -appoint had given in evidence what a magistrate or
General Thomas as Secretary of War ad a sheriff had said to the accused concern
interim. in direct contravention of:tho'fao- ing the deed, and then shut the mouth of
press - words of the act itself, and the the accused to what he had said then and
of the Senate. The record shows that on there- in reply, the only possible argu
the 21st of February the Senate -passed ,B .ment by „which what was said to him might
resolution reciting the action. of the Presi- be construed in an admission. If the Sheriff
. dent in the premises, to wit: The removal ' were to say to the prisoner "You stole that
of - the :Secretary of Warand his watch," and if that could be given in usi
appointment of Secretary ud in:feria), . and deuce, and the prisoner's reply, "It was my
declaring that under the ConstitutiOn watch, and I took it becansaat was mine,.
andlaws of theUnitedStates the President could not be given, that would be precisely
had no power to make.".the removal or the same proposition . Which:is being ap
make the appointment of Secretary ad inter- plied here by the learned Managers to this
i'm, and declaring that under the Constitu- action had between the President and the
tion and laws, the President had, no power Senate.
to make removal, or make appointment. Mr.•BUTLER—If the thief did not make
That was the action of the Senate, and a reply .until four days afterwards, and
notice of ,that --action was served 'on the then sent in a written statement .as to
President on the night of the 21st of Feb- whose the watch was, putting in also whati
ruary. Now, it takes place; here is a pre- his neighbor said, that would be a "more :
sentment made on the 21st . or 22d of .Feb- appropriate illustration. I take -the illus.
rtiary ' against ''.- the President ' -before tration as a good one, as an excellent enc.,
the grand inquest of the nation. The Sheriff says, "where did.. . you get that
After that - presentment he • was with. watch?" Four days after the prisoner
"in - the PoWek Cif ' the"" people. Al- ~se .ds to thq Sheriff, after he had been in
though - be had flea tothe remotest ends of . ja' , after ah indictment had been found
the
earth he could not have stopped fora ag inst him, a written answer, and claims
• moment the proper course of this inquiry, in this defence. that:',the answer may be
to foal judgment, eyenthough personal pro- - re: d. Not only that, but goes on to' put in
cess had never been served on hint. It is so w at - everybo.dy else said, or what
provided in the text of the Constittition, that fa ti or, live' . honer ; " Men said, anti
to be challenged by no man. A ft er these el 'ms that, they mav he given in evidence.
anobeedings, thus institiftediand two days ,I it is-'desirous to knew what the Cabi
eft or the effect of action _of the Senate be- n: t said, let the inembeta of,theSgbin: ,,
Ing:pittdeLOß'lltiilfftri,-Ond three days a
,f"•:" • lir:m i ght here, and let us cross-examine
' ter - the .effeer - -of the - commission of Ms' ti fain;.and find out -: they meant when
abate, the - President enters deliberately Li ey gave this advice, and how-they come
•on the task of jitstifying himself for the t give it, and under what premises. lint
Violation of the laws and constitution, for a present we do not want the President to
a violation of - his - oath of office, for his de- p t iii tho adviceof his Cabinet.
-fiance of the Senate, for his defiance of the Mr. EVARTS.—Mr. Chief Justice and
people, by sending* Message:to the Senate enators : Every case is to be regarded ac
- on the 24th of-February. 'What is it, Sen- c.rding to its circumstances, and you will
ators, any more than a voluntary dechira. j . dge whether a communication from the ,
Lion of the criminal, after. the fact, made ..emite to the President on the 23d of -Feb.
in his own behalf?, -Does it alter the case, r ary could well have been answered soon
in the reason or "judgment of any man liv- .r than the 24th of February.
ing, either within the Senate or outside, that Mr.-BUTLER—It was communicated on
he chooses 'to' put his declarations in:iiis ie 21st of February. . -
own defense in writing? The law makes Mr. EVARTS—I understood you to say
no such distinction." ~I undertake to assert • u could not statewhether it was `the 21st
._.
here, regardless of any attempt to contra- . or 22d. .__
diet my statement, there is no law by - Mr. BUTLER—It was at 10 o'clock on
which anybody accused criminally, after the aught of the 21st.
the fact, can make declarations, either .oral_ , Mr. EVARI'S—Very well: It - was coin
or in writing, either by a message to the municated at 10 o'clock on the night of the •
Senate or a -speech to a mob, that can be 21st of February. The Senate was not in.
given in evidence to acquit. himself, or affect session on the '22d mere than an - hour, it .
in any-manner his - criminality within a tri- being a holiday. Then Sunday intervening,
bunal of justice, or to make evidence which IMk whether an answer to that eommum
should be admitted .npon any form of law, anion, sent on the 24th, is not an answer`
onhis own motion, to justify his criminal according to the ordinary course of prompt
act. Ido not hesitate to any that - every and candid dealing between the President
authority which the gentleman can bring and the Senate concerning the matter in
into Court relating to rules of evidence, in difficulty? As far itS the simile about the
proceedings of this sort, is directly against' President being -in prison goes, - "l . 'willl,re.
the proposition, and for the simple reason move that bysaying he was not impeached
that thia is a written declaration, made by until five o'clock, -A. 31., on Monday the
gleamsused-voluntarily after the fact in his 24th. But -we • need ' not pima*. these:
'ownbehalf. I read for theinformation of the trivial illustrations. The matter-is in the
Senate testimony touching the fact of ser- hands of the Court, and must be disposed
vice of notice of the action had by the of by the Court. .
Senate On the• conduct. of the .President, Mr. BLICGRA.M desired to say,"""once for
whereof ho steeds accused. . • all, I have said no weird, and intended to
Mr. Win. II; McDonald, chief clerk of say no word- during the progress of the
the Senate; testifies, onpage fourteen: "An. trial that would justify the counsel for the
attested copy of the- foregoing resolution "President in saying that we deny them the'
: wail'delivered by ins into the hands of the Tight to make defense of the President.
President of the United States at ; his office, What I insist upon here,
and what I ask
in the ExecUtiVe Mansion, aboutten o'cloc k the tteact upon, is that he shall make
r: 3t. on the 21st of February, 1868." - a defense precisely as an official citizen of-
And on the of February, three days the United States makes defense, according ,
afterwards, the President volunteers a to the law of the land, and not, otherwise;
declaration, which hiscennsel now. that he shall not, h i tter the commission of a
propose to , make evidence in his behalf be. .crime, manufacture evidence 'in his own
fore this tribunal of justice. Of course , it 'behalf;iarallY iii iii iiiiting,m them .by his own de
is evidence for no pnrpese whatever, ex- clartitiolia, : end Incorporate declera
cept .for the-pur . pose, of fixkulpating him of tions of throe or more persons - It has never
the criminal .accuaations preferred against been allowed 'in.any respectable Court, in
him.
~ this cotuit*. ' Whentnen stand on trial for.
, The Senators will bear - with
Make one further remark. The proposition is the facts,, to manufacture testimony -by
tointroduce this whole message, not simply 'their own declarationt,- Written, or unwrit.
what the President says " for himself, •not - -.ten, or on thetrown motion introduce them
'istriiplythe argument "Which he chooses to. inte.Court. I have another word to say, in,
present in the form a written declaration - the" light' f what has dropped from the
in vindication of his criminal conduct, but lips of counsel. That be has evaded- most,
die deelitration of &third erson.- Thealen, skillfully, the h ear - which.l took occasion
ate is asked to accept, t oo, as evidence to naake in thing of the Senate, that.
on the trial of the accused, declarations of here ,is nn attempt to introduce not only
third. persOns, zwierno he calls his constitu- Writtendeelaratioris of the accused in - his ,
demi advisers . Hei states their opiniens" coWn behalf, after the fact, but declarations
without 'giving their- language.' • He' gives of third . .ooBm%; not ender'. oath. i venture
conclusions, and those conclusions :Are!. to' to say •,a proposition to the extent of ti a.
be thrown ifefore the Senate as part of the. never was made in any tribunal of Justice
evidence. I beg leave to. say here, in 'the in the 'United Statss,;where any Man was
presence of the,S4lnate,Tthat there is no col- accused'oferinie. . A preposition not merely
ortible excuse ibheresident, or for. his .to ..'
report` - his . own doelaratione, hitt
counsel; earning before the Senate - to 'sa y to ' 'the 'deelarations of third per
that he has any right to attemptshelter sone, int his own behalf; • and throw them
himself from A latiort of the laws ' of 'his heforetae Court as evidence. The gentle
countiy under the opinions ()reify' nieinbee Mati, - seenia :te' think the;, Presidenk had
•of his Cabinet. " - The Constatutien never a right .to • :'send •a ! message. to the,
vested his Cattdnet-connsellors with- any Senate of tho United States labial' ifitfitild
such authority. It never vested .the ''operate - -ria-'evidilitco. I concede the Presi-
Yreilifierit - With authority r_ to s,es- dentetf the United States luxe a `right under
pond laws or . . violate them, . .: or , - the' Conatitittlon t o 'conununicate from time
make- apeointrnents - lardirect cOntrayen-, to time to the two Houses of Congress such
tion of the tetra, - arid deflanCe of thtfiltial,', 'Matters as he thinks pertain 104 public:
.action of the Senate), Acting' in - express Olx,-, , interest. _Vs t od_s- eleasallerr _, •
'thence of law. There Is no colorable ex= • - defitrtliefets•imf colorable ; litcuse-7 YU
cute for these proceedings . I say; it with peat my,words here—forititlmatlng tlu d n e
all,respect ;for ~tho,letuxted counsel , and I ::Yreiddent Or the ' rutted : States, . bpi. 0 :
eludlange . near the. ,pmluction of .the ..au-. icbseg. ed-withtbe commission' of a criine . on,
Alierlty..otany.:.-resPectable,Cotirt, that ever_ thellat of February, 1888, - being FYI! _.
Allowefteny-Mart,atigia,or law; . Otficially Or ' tY-LI :Undertake tes# proven:: . it„v'.,
rill t etion
Nirlolllol2l6antihdridiehis 'min ilecTnia.; '• 'hiti iirittett einfeissionitOtho Bat , _
time r wrl timer, unwritten, a ft er the - fact, o eveeYintelligenKanirfitilmeittdicen nian
in his
in hut"' hi& -'• TM 'lSLthe point I take.' IA ifirodtMtlie-BetHilelif*llla countrYt Ilikiv
b-o?r ( !. , ' , beg -Rardonifde having
Lion
so kingin the iitatement of a'prOpOio. ,ewiteelialf,llll,fte rant of a messsllet,_,,, I.
detained. _piper/ , 10..stianoacwe qvidence
Aiwa so slmplennd) the law of which'is'io dttYS aftet'llie Sal.' That is the- r .
. 12,L- ..
,blearlyeettled;runningthrough eentories:' triniceliere.7,Weaire naked; Wha t ri l " ( 4 3 f ,
I,l,aubmit the . tin to the Senate. , ; , "- ~-, tarieithetido We= attleali'la 'the ac ti.
:1 :Mr. I , KVARTS-;;Mr. , Chief .‘Jtuitice. and the'Senittell: answer, wa i tttach l o w
of the
Senators, the only apologylwhleh the learn- this importance, to . ..'oiit the* three
ed Manager has made fee the course is
landedjoins"
'* p i es to notify the
remarks is an apology for consumption of U States ;h. du%
upon the ideliiiitw.of the
nvn'Tir T. 7
MEM
BM
46* Vi7,ZVIr.
arr -41".
ENE
I
i.- &Oa
Ehintifei , "OF - itie ,_Su (*ion of . an offi
eqr, end reasons th refer, and, evidence
on which. he made th suspension. And the
law of the , and enioi s upon the Senate the
Onty , t4.'net itßenthe repott];,of the Preai
/
'dent SO - Intille, and to - come - to a decision
upon that lemt, anc upon the evidence ac
ccimpanOng it,'ln pu stiance of the require
ments of the second tion of the Tenure-of
office net of the Senat of the United States,
by an almost unanimous decision, came to
thejconelnidoirtlmt the reasonsfurnished by
the 'President' 'end the evidence iuldued by
him for the suspension of. the Secretary of
War were unsatisfactory, .In :abcordanee
'With the laW the Senate - non-concurred -in
the suspension.. The law expressly pro
vides that ,if the Senate concur, they shall
notify the President. The law , every in
tendment, provides that if the Senate non
concur, they shall notify the Secretary of
War that.he may, in ol;edience. to -the ex-.
press requirement of the pot, forth- ,
with resume the functions 'of his
Office from which he was 'suspended.
Prooeeding with his conspiracy with Thom
as to confer the functions of that Officer on
another,
regardless" of the • law regulating
the Tenure-of-Office, regardless of the con
stitution,. :regardless of his oath, and re
gardless of the rights' of the American
people, he winds up the • farce - by 'Com
ing before' the Senate with has written
declaration, which is of no higher authori
ty than hi* oral declarations mode three
days after the fact, and he asks the Senate
to consider that as evidence. •
CHIEF JUS'IICE--,Senators: There is no
branch of the law where there is more diffi
culty to lay down precise rules than that
' which regards the intent with which an
act is done. In the present case it . appears
that the Senate, on the 21st of February,
passed a resolution which I will take the
liberty of reading;
‘. 4 llliereas, The Senate have received find
considered the communication of the Pres
ident .:stating he had removed E. M. Stan
ton, Secretary of War, and hail designated
the Adjutant General of the Army to act
as Secretary of ;War ad into-fin:therefore,
'Resolved, By the Senate of. the United
States, . t hat • under the Constitution and
laws of 016:United States the President has
no power ito . remove the Secretary of War,
and to deSignate any other officer to perform
the duties 01 that office ad interim."
That res o lution was adopted on the 21st
of February, and was served on the evening
of the same day. The measage now propo
sed to be offered in evidence was sent to the
Senate, on the 24th of February. -:It. does
not appear to the Chief Justice that the re
solution called for an answer, and there
fore the:: Chief Justice must reAard
'the message , of the 24th -of Febru-.
are .as - a.l,indication of the President's
act, addressed to the Senate. It does not
appear to the Chief Justice that that comes
within anyrules of evidence which would
justify its being received in evidence. The
Chief. Justice, however, will take the views
of the Sen ate inreganito it. •
No vote: being called for, the CHIEF
JUSTI E ruled the evidence iniulmissable.
Mr. UCIITIS then offered to, put in evi
dence af . alltilar stntement, compiledat the
offieeof th Attorney General, containing a
list of ExeCutive officers of the United
'• States, with thcir statptory terms, or act
441.01 1 1.re5s er
i titrk"title office. mune or
'fir•Mte -- . turmtirl;tle - Cor unree
-1 showing whe t her the tenure ,waS for a deft- -
•
nite period, at, the pleasure: of the Presi
dent', or for ri term Indefinite. He said of
' course it WAS not stria!: evidence, but had
' been compiled as _.matter of convenience;
Land he desired to have it printed so it might
' be used in the argument by both sides.
I I After some interlocutory remarks by Mr.
BUTLER, the paper was, on motion of .
F Senator TBUMBULL, ordered printed as
part of the proceedings.
Mr. CURTIS thenoffered the papers in
r• - -.
the case of the removal Of . Mr. piekering by
President Adams, remarking it was sub
stantially the same as had been put in evi
dence by Mr Butler, except it was more
-formal.
• The witness, :kir. I)eivitt C. Clark, here
desired to make a correction in . his testi
mony. to the effect that the message to the
President was not delivered to him on the
:2.2d of . February, but on the 24th of Febru
ary; that it was-brought np by Mr. Moore,
the President's Private =Secretary on the
22d, : but the Senate not. being in session
Mr. Moore returned with it to the Executive•
Mansion and brought it back on the 24th.
Mr. 'CURTIS—Do I - . understand : your
statement now to be that Col. Moore brought
it and delivered it to you on the VA of
.Februnry? - ~.- .
Answer,--He brought it up on the 'd of
February; but did not deliver it. . ,
Do I understand your statement now to
be that Col. Moore brought It and deliver
ed it to you on the 22d of February?
2
F Answer—He' brought it up "on the 0 ‘.... d
but did not deliver it, the Senate not being
..in session. - 2
Question-110 took it =away and brot' it
back on the 24th?
Answer—Yea.' • .
. , Mr. BUTLER—fIow did you know he
brot' it here on the 22d?
Answer—Only by infonnation from Col.
Moore.
. ' ou have been telling
Question—Then y
what Col. Moore told you? -
, : Anssverr,That is all. ---, ~, . .
Mr. BUTLER—Then.vre do not want any
thing more of what . Col. Moore told you.
, . A an., G. Moore, President's private Sec
,retary-,'was then exantined and testified to
bringing the nomination of Thomas Ewing, :
as Secretary of War, from the President on
after 12 o'cloCk; 'that
the 22d of FebnWn:
the Senate was not in session, and he took •
'it backto the Preifident; sad delivered it to
the Senate on Monday, February 24. ,
Mr. CURTIS then put in evidence, with
:out ifibjeetton,leertifiect copies of the appoint
ment by President Tyler, on the.. 2fith of
Fehrnary,4 B 4 4 ; Cif John Nelson, : Attorney
General, to dispharge the duties of,Sc+creta
ry of State ad interim until a successor to
31r.-Upsher should be appointed;.andatab- .
itecinently the coidirsriationby the . Senate
on March 0; 1844, of John C. Calhoun to that
qffice.," - < - ..f . 3 '• • . : -
. ' Also, the . oppointinent `bY President Fit
more, July 23d .1860, of .Winfield Scott as
Secretary of War .od.interha,, in place of
George W. Crawford,. and of the confirma
lioli-biSenate, August 15th, 1550,' of Clans.
31..Courad as. Secretary. of War.
Mr. CURTIS also in evidence, the
appointment by Mr. Buchanan in Tannery,:
1861, of Moses , Kelly, as Secretary of the
Interior. i - . .;; , ;., •:-,3; '3,' 02 •- - • ''
` -:
'
Mr. BUTLER inquired whether the
counsel had any record of what became of
the &craw* of the -Interior at that time,r:
whether he had resigned, or run awayi,:or
what, (Laughter.) .. "-- •:.
Mr. 'COMM :sad lab Ww3 not • infortned
and could not speak fonnthe record -.! -. .
,t'•![9litiflS kbohtterghis o,f the hour we ' are
co
ioei a to- g o ; i o ;pregil withent . the - TC.
mainder.ortheCourt.prolseedings:j •-. : - -
—_ _ ___:. ..... : •; ; : i -
.i
Vs lgiogarkets by Cable.
93pg9335 - . 5,20 , 8 72%. Erie s,6:l(v.: . t;lniiipyi;
%.„ tt - .
vEnpoor., Aprli 15.—Eveq_no—00_, on,
easier; sales of 10,000 bales of Wit ~.d L ul it
l ah .,,, ds 'at 4231. Orleans 1 2 14, Alfa
y. Oorn 40s. 3d. for new Tidied Vir o *
OIL w Riot, 14s. 3d. fcr No. 2redlvestern;
Barley 55.t1 d. F lour Ws. Provi
sions dull. Beef 1255. • Pork 618. 3d.
Cheese 535. for Amerioan. Bacon 475. od.
for Cumberland. Produce steady.
HAYTI REVOLUTION
Bloody Battle Fought-Goyernment Troops
Befeated with Heavy Loss—ToWns Cap
tared by InSurgents.
NEW Toni:, April 15—The Herald's spe- ‘
cial from Hayti, dated the 4th, says: A
bloody battle has taken place near Gon
alves. The, Government forces amounted
to six hundred men, with two cannon.
The Cacos numbered four thousand: The
latter lay in ambush, and, after routing the
Government trooPS, retook the towns of
Monbin,Nalliere, F'erche, - Pagnon, Raphael
and Michel. They captured .-many prison
ers. and the enemy's cannon. The coin
.
manding General, Victorein. Chevalier, - is
' missing. General Augustus Montes, broth
er of the late General Leon Montes, re
viewed the CacoStwo days. afterwards and
fOund thorn in excellent order. Their
-headquarters' are at' the , town of Michel,.
covering the most important points. A de
cisive struggle is at hand. It is expected
that a change in the Government will. take
- .Place after Baster.
President Solnave's exploits have been.
exceedingly exaggerated. His reported.
'capture' of Fort Clibere is doubted. Sol
nave, when last .heard:frogi," was at Guar
anthine, making a tour before returning to
the capital.: Reliable advices inform us,
that there was an open• rebellion at Go
nalvez,but weave no details;
St. li
Domingo advices state that the United
States steamer Saco had arrived. Baez was
expected within a week. Thirty promi
nent refugees of the Liberal party had taken
refuge in the American Consulate.
A great: tidal wave had visited Guade
loupe, smashing a British vessel heavily
laden. The wave at Guadaloupe was simi
lar to the one that rushed into St. Thomas
haibor last - fall, but larger. It lasted
twenty-four hoins. • The sea receded thirty
miles, and loft all the ships aground.
THE CAPITAL
Clly. Telegraph to the Pittsburgh Gazette. I
WASHINGTON, April 15, kW.
LINCOLN MONUMENT DEDICATION.
As marks of respect to the memory of
President Lincoln, the War Office and sev
eralbureaus of the War Department closed
to-day at twelve o'clockby order of Secrete
ry Stanton. The Commandant at Washing
ton 'Arsenal, by the same authority, caused
guns to be fired every half hour, beginning
at sunrise and continuing until sunset.
B departments,y suspended in the oth
e and. the national flags over
all public buildings are at half-mast.
BRIEF NEWS ITEMS
—There were 106 deaths in Baltimore last
weeks• •
—The peach crop in New Jerky is hur
by the frosts. •
—Sweet potatoes and green peas are plen
tv in Florida.
•
—Passaic Falls, Now. Jersey, is having a
boulevard constructed. . - •
—Fred. DQugiass lecoie - .. cgtaety_
—The . first custom returns froth - Alaska
were received last week.
—Since Jan. Ist 1863,. there have been
' 3,400 deaths in Philadelphia.
—A very beautiful and costly temple is
to beerected in Charleston. S, C.
—Not a - single vessel is nOw'on the stocks
in the yards of New and vicinity.
—Fred. Douglass lectured to a large au=
dience in Philadelphia, Tuesday night.
—The March product of the Cliff Copper
mine is estimated at nearly one hundred
tons.
• • •
—The Ku-Klux. are issuing notices in
defiance of Gen. Meades order to the con
trary.
--Sufficient funds have been subscribed
for the erection of a German Theatre in
Philadelphia.
--Andrew Ralston, formerly of Washing
.ton, Penna., died at Burlingame, Kansas,
on the 23c1 ult.
—The number of snow storms predicted
by Professor Agassiz was completed, with
the last we had.
--The Union Pacific railroad has contract
ed for five million bricks for the depot
bualdings at Cheyenne.. •
' —Henry G. Smith, of 'Memphis, has been
appointed to the Supreme Beneh of Tennes
see vice Alvin Hawkins, resigned.
—Lucille Western is playing in Balti
more. Her engagement has been the most
successful one of the present season.
- - -The Ohio -House of Representatives
passed a bill prohibiting soldiers in the Na
tional Asylum at Dayton from voting.
—The currier and tannery shop of Madi
gan ez Brinan, South Boston,Mass.,was
burnt on Tuesday night. Los slo,ooo.
—Serious Indian troubles are anticipated
in Kansas this summet. No reliance is
placedupon Indians keeping their. treaties
in good faith. .• • • 1,
—Lots in San Francisco are tpinginf
from 510,000 to 15,000, which in 1808 coal
not have been sold for $l,OOO. Cause—t"
Pacific Railroad..
7 -Kentucky, Missouri and Illinois news
papers all assert that.. the fruit, although
most probably . injured, is not so badly hurt
as was generally feared.
—The life insurance companies of New
York hold nearly: $20,000,000 of. United
States securities,, and the fire insurance
companies more. than twice as much.
--Balton, of the Dollar Monthly, has btilit
the new St. James Hotel, in Boston. The
proprietor of , the , Waverley Magazine has
built a new hctel called the Waverly:
:—The NeW York Canal Board•have adopt
'ed fl. resolution to open the canals of the.
State on Monday, the , 4th .of May, except
sections two and three of the Genessee Val
ley Canal. -
-A re-union of officers of the . Army of
the Potomac is proposed to be held at
Gettysburg about the Ist of July, to coital>.
brate the anniversary, of the battle of
Gettysburg. •
' -A,
,dispateh from 'New York says .it is
rumored .that a terrible accident occurred
yesterday on the Erie Railroad, in - Which
one hundred lives were lost; but no ptaticu
litre are given. ..
• , • ,
r -Town -electiens in Eastern New-,Jersey
and Essex • county show the Republicans
have elected twenty chosen. freeholders and
the • Democrats fourteen. The Republicans ,
gain, ono in Clinton.
The, works' of the Vershire `copper
mines'in Vermont: have been greatly en
larged: They now: , employ one. hundred.
and fiftyhands and ship five thousand tons,
of copper.for,smeating every year.
tteentstPivrt is thronged with young
lieople-waiting. for 'a chance to emigrateto
America. Unless more steamers are put
on th&varkiteilines, all thbse who are t apa,
waiting cannot be bronseht overthieYear.
---SestatAr 'l3Arenei. says that the repnee
,iitiloUOnin,that he said there wern , sizße.
publican Senatoisle hie certain knowledge
who would vote against 'impeaChnient; 'Are
utterly false, and without foundation in
truth.
Oil Region Items.
•=A Young- Men's Christian AsSbeintion
has been organized at Oil City. It'
• -The freight house of the Oil Creek and
Allegheny River Railway, it Shat r, is be
ing torn down and will be remove to Mil
ler Farm.
-An act has pasSed the Legislature att
- -- +lie Reno • Company to issue pre
thorizing the Rem.
ferred stock, and to.acquireOtold,; nonage,
and dispose of property.
—Three prominent citizens
Mills were arrested at' Rieetille,-
since, for selling goods at auction;
t
license and were bound over for
ance at Court next month.
—On Thursday night last Afr.
sons, while examining. the fire bt
engine of the New Orleans well on
Run, was severely burned about
and hands by a sudden rush of
gas.
—A party of young men in (nil
were out hunting last Sabbath, and
day were arrested and taken bei
Jackson, and made to pay the fidd
tune of eight dollars - apiece. Bi
pensive Sunday breaking. . d .
—The Union School at Titusville opened
a week ago-under auspices more 'favorable
than usual. For the last wcek.i there has
been an average attendance of five hundred
pupils. An additional room is toile secured
for a primary department.
—They are not without "nuinl.kl," sport in
Pit-hole. The Record contains the follow
ing challenge from Boswell 'Farrar: , cf.-
challenge Norman litinala•to meat me in a
fair,.square stand up fight, two weks from
this date, for the sum of fifty dollbrs a side.
Ground to be selected by the sec nds.r.
t
--(About seven o'clock on Fri ay 'horn
ing last, the engine house of the endrick
son well on lease No. 17, of the RYnd Farm,
caught fire. While it' was btlrning the
boiler, which was one of twenty-horse pow
er, exploded with a fearful conc4sion. The
engine house was badly .demolished, and
burning fragments were throw in in every
.direction. The owner of the wel , Mr. Jno.
Hendrickson, who was at work dt the time
tearing down a house which - connected the
engine house with the well, n - astruck with
one of the flues and slightly inj red. The
boiler was broken into several :Pieces, one
' of which was found In the graveyard, near
ly one half of a mile from the sclene of the
explosion. Another -piece was driven .
downward and gouged a holeboht three
feet deep and two :het wide, in tine earth.
The Titusville Herald, which gets up
the fullest and best reports frbm the oil
• field, says the stock of oil held in the oil
region has slightly increased !during the
past month, and it now reacheti five hun
' dred and fifty-nine thousand six hundred
' barrels, or an( increase of about seven hun
dred barrels. ,This stock' "eludes ten
thousand barrel's that is held in wooden
storage tanks at Tituwille, Oleopolis,
Henry's Bend, ' and Ti ,loute, about one
thousand barrels - in bulk Wires in the
Allegheny river, and the amounts on
1 the hands of producers and in iron tank
age. - The amount on the hinds of pro . -
ducers is somewhat larger .than at this
time last month, on account , ofi a declining
market during the past ten days- and the
very slight shipments of the paiit, week, and
•-it'rus 403 t-down.. at aalini daya i l production.
During th - e' thont./k - aholft-seve tiLnvei - Etittek--
' sand barrels . were shipped by water to
Pittsburgh. Over one-half 4 the total
stock is held along the Allegheny . river in
an easily accessible situation for river ship
ment, and the greater part of the remain
der is stored along Oil Creek, •ehere, for the
greater part of the year, it can o aly be moved
by railroad. *Probably, abou , fifty thou
sand barrels of the total stocklis thick oil,
and nearly all that in iron-tankage is under
45 degrees gravity.
_.......--0- 7 40.- 1 -
Au Australian Rex 1. I. -
The most remarkable thing 'n the marine
illuminations on the arrival o the Duke of
,
Edinburgh in the harbor
.of ydney was a
huge representation of a fiery dragon. The
Australian Steam Navigatio - Company's
Yaamba was enclosed on 1 tit sides of
transparencies, which forme a very strik
ing and minutely accuratebicture of the
popular notion of a dragon—the eyes, scales,
claws, teeth and ears'of th monster all
being well proportioned ait clearly dis
cernible even at a consider ble distance.
The length of the figure' nay' one hundred
and two feet} and the height at the head
(in the bouls'of the vessel) was twenty-Six
feet. The jaws were about sixteen. feet
long, and they were distended so as to
leave an aparture for the mo ith of from six
to seven teet. The eyes a the monster
were very admirably repres nted, the shad
-1
ing of. the colora—greenibl ck and red—
being exceedingireffective. The tail 4.con
sisted of twenty-five shi ' boats, over
-which, from stem to stern, ows oflanterns
were hung. Anumber of 'Men inside the
Yaamba were stationed at the bows, and as
the monster moved along At was made to
spit forth a shower of rockets and other
descriptions of fireworks, *ldle the' boats
astern made an immense display of a simi
lar character.. The vessel' was towed by
the Atlanta, but this was not perceivable at
a distance. Three or four' steamships and
a large number of small "boats, crowded
with excursionists, escorted the serpent,
1., as did also the occupants (If the ships by
4d whiCh the . monsterglide& 1
;he
An. Adventure, with,'Brigands.
e Spanish papers publish an acount of
the release of a captive tp brigands after.
- an mprisonment of more than two months
nn ior most extraorditar circumstances.
At he beginning of January last a wealthy
inl abitant of Prlego, was carried off by
hi dits, who demanded- a sum of more
t• n two hundred thousand francs as a
ra .• . En. Notwithstanding a minute search
made by the authorities;: no ttaces of the
missing gentleman we' obtained until
the commander
about a week back, who(k
of the Civil Guard, nan ed Anjolla, dis
covered the mouth of the Overn in which,
from information received, he had reason
to suppose that M. Chavar i was concealed.
Taking with him a part of his men he
got himself let down 13y rope to the floor
of the cave, at a depth! of about sixteen
feet; he then lighted a lantOrn and on look
ing around saw an opening to a second
subterranean cavity stillideeper. Anjona
tiow called for and, and withone of Ms men,
was lot down by the
_• mime means to the
'second divan; they; however, found no
signs of any prisoner, and were about to
abandon the search when they heard some
"groans from behind" • a Heap of stones at
'one extremity; they the* set to work, and
after an hour's labor. had r i made an opening
to a third, cavern, in *high they found the
tmfortanate 'prisoner, ' 'who was then drawn
up to the surface with ihi3 rope He stated
that',he was provided witht food every two
days, and '
that he had suffered but little
from told. • ' ;'' - •- . ' •
,
.the,At charter election in Jersey City,
on Tuesday; O'Neill, Dem., was elected
Mayor - by 800 majority; a Democratic gain
of 885. 'he Republictuis gain three Alder
men. he vote was: the heaviest ever
6, being AhroWn against 3,700 last
year,- •
'—Hon.-R. B. Hale ' , died at Plymouth,
-
Mass. yesterday; imoining. The funeral.
will dike place on .ilatnr dv, and will be
attended by the various ' bodies
with which, he was connected, he having
obtained the thirty-Mid degree,
.1
:;
El
Union
en days
without
appear-
`Eli Par
-Ix. of the
Church
the fhce
burning
on Mills
on Mon
'ore Esq.
or to the
titer ex-
BE
II
ii
0
1
t
/1-
• : -
1