The New York Herald Newspaper, April 5, 1868, Page 3

IMPEACHMENT. Trial of President Andrew Johnson for High Crimes and Misdemeanors. The Case for the Prosecution Closed. Adjournment of the Court Until Thursday Next. ERRATIC TESTIMONY OF GENERAL EMORY. WasuHinaton, April 4, 1868, ‘The Managers of the impeachment trial closed ‘their case, as Mr. Butler expressed it, ‘“substan- tially” to-day. Some unimportant documentary and cumulative evidence is expected to be introduced ‘when the court reassembles on Thursday next, About three o’clock, after Messrs. Bingham and Boutwell had read some brief extracts from laws of ‘the United States affecting the case of Mr. Pickering, ‘who was removed from the office of Secretary of State by President Adams, and also several measages sent to Congress by President John- gon within the past year, showing his re- cognition of the Tenure of Office act, Manager Butler rose and said the prosecution had mothing more at present to produce, and declared the case closed on behalf of the House of Represen- tatives, reserving the right to offer certain additional ‘testimony when it was forthcoming. | Nothing either lively or important occurred in the Proceedings of to-day. Two shorthand writers testi- Med as to the correctness of their reports of the President's famous speech at St. Louis, and Mr. Robert Chew, a thirty-four years veteran clerk in the State Department, explained the form of com- missions issued to officers of the government before and since the passage of the Tenure of Office act. After Mr. Butler got through with this witness Mr. Stanbery put a leading and very pertinent ques- tion to him, to which Mr. Butler interposed a sudden ‘and vigorous ‘objection. He asked the witness, ‘whose long experience was certainly worth some- thing, ifhe knew, during his prolonged service, of any head of a department being requested to resign and refusing to do so, The witness was on the point of replying in the negative, though perhaps reserv- ing the recent exception of the individual who has stirred up the present strife between two branches of the government, when Mr. Butler sprung from his seat, and, in that indescribable voice of his, exclaim- ed sharply, “Stop! I object—I object to that.” And the experience of the witness was lost to the world. ‘The documentary evidence which followed proved nothing beyond the fact that President Adams, in the year 1800, sent certain nominations to the Sen- ate soon after the vacancies were created. When all was over Mr. Curtis made a brief, cogent and dignified appeal for a few days’ time to prepare for the defence. The Senate was evidently im- Pressed wuh the candor and reasonableness of his request, and would by a majority have granted it there and then, but some irrepressible radical was bound to make a motion against It. Old Simon Cameron, who has been commendably quiet thus far, wanted to know what the defence required more time for. The Managers were prepared to go on, and he thought the defence ought to be equally Teady. ‘The Chief Justice had more trouble in bringing Si- mon to order than he previously had, a few days ago, with the incorrigible Drake. Mr. Connessmoved to grant two days from Sunday. Reverdy Johnson moved the counsel’s request for three days, or until ‘Thursday, and after a vote the latter was carried. The audience to-day was a duplicate of the one yes- terday and several days previous. It consisted of members’ male and female relatives and friends, to the exclusion of all others. The House was repre- sented orthe floor by about a dozen members. All the rest had gone either home or to the circus. Speaker Colfax said to-day he had given leave to aly but fifty of his “boys” to go home and look after their re-nominations and other congenial interests, Washington is consequently dull. Assistant Treasurer H. H. Van Dyke, having been gammoned to appear before the Impeachment Man- agers, arrived here this morning, and was examined by them at ten o’ciock this morning. ‘It is ascertained this evening that the statement made by General Emory in his testimony before the High Court of Impeachment a few days ago that he took advice from Robert J. Walker, who declared that no order of the President was valid unless issued through General Grant, is pronounced by Robert J. Walker himself the very reverse of what he did recommend; and Reverdy Johnson, who was placed in the same category as denying the right of the President to issue orders except through General Grant, declares he never gave utter- ance to any such opinion; and both these distin- guished authorities have been represented in the evidence in a wrong light before the country. Their opinions are, according to themselves, diametrically opposite to those with which they have been credited by the witness, A Washington despatch to the Evening Telegram Bay: For one hour prior to the meeting of the im- peachment court to-day the Senators amused them- selves with the discussion of the resolution of Sena- tor Sherman to abolish the present system of issuing tickets for admission to the Senate galleries during the impeachment trial. Senator Morrill, of Maine, who took the lead in favor of the ticket system, de- feated the resolution by talking against time. He did not conclude his harangue till the hour for assembling of the court arrived, thus rendering it impossible to geta vote on it. Popular indignation against the ticket system is very great. Many persons, who spend time and money coming from a distance to witness the proceedings, are unable to gain admittance and are forced to return disappointed, In the disposi- tion of tickets Senators and members exhibit fa- voritism, which is strongly condemned. Those who have attended regularly have observed the same faces in the galleries almost daily, showing that but @ comparatively small number have been able to @ttend the trial These fovorites are becoming wearled, and as a conseqpence the galleries for the last few days have not been half filled, while hon. @reds are sianding outside unable to obtain ad- mission. PROCEEDINGS OF THE COURT. Ninth Day. UNITED STATES SENATE CrAMnEn, WASHINGTON, April 4, 1868," § At twelve o'clock the Chief Justice entered the Senate Chamber and took the chair, which had just Deen vacated by the President pro tem. of the Senate. Proclamation was made and the Managers and members of the House were announced as usual, the former being all present as well asthe President's counsel. TESTIMONY OF L. I. WALDRIDGE, After the journal had been read L. L. Walbridge ‘was sworn and examined by Mr. Burien, as fol- fows:— Q. What is your business? writer. Q. How long have you been engaged in that busi- Meas? A. Nearly ten years, Q. Have you had during that time any considera- ble experience, and if so how much in that business? A. Yes, sir; I have had experience during the wholé Of that time, including newspaper and outside re- Porting, Q. With what papers have you been lately con- mected? A. More recently the Missouri Democrat: Previous to that time the Missouri Repuhtican, Q. Do the naines of those Papers indicate their party prociivities, or are they reversed? A, They are reversed, sir. Q The Democrat means Republican, the Repubdti- fan means Democrat? A, Yes, sir, Q. To what paper were you attached on or about Me sth of September, 1866? A. The Missouri Deno- erat. @. Did you report @ speech delivered from the bal- A. Tam @ shorthand NEW YORK HERALD, SUNDAY, APRIL 5, 1868.—-TRIPLE SHEET. cony of the hotel in St, Louis by Andrew Johnson? A. I did, sir. ‘ . Q. What time in the day was the speech delivered? A. Between eight and nine o'clock in the evening. Q. Was there a crowd in the streets? A. Yes, air; there was on the balcony also. Q. Where were you? A. I was on the balcony, within two or three feet of the President while he was speaking. Q. Where was the President's party? A. I don’t know. Q. Were they there? A. Ihave no recollection of seeing one of the party on the balcony. Q. Did the President come out to answer to a call from the crowd on the street apparently? A. Yes, sir, I judge so; I know there was a very large crowd on the street, and continual cries for the President, in response to those cries I suppose he came out. Q. State whether he had been received in the street by @ procession of charitable and other societies? A. He had, sir, been received in the afternoon by the munictpal authorities, Q. Had the Mayor made him an address? A. He had, sir. Q. Had he answered that address? A. He had, sir. Q. Did you take a report of that speech? A. I did, sir. |. How fully? A. I took every word. After it was taken how soon was it written out? A. Immediately. How writ out? A. By my dictation. . By whom?’ A. The first rt of the speech previonsie the banquet was written out in one of ‘he rooms of the Southern Hotel; that occupied about half an hour, I should think; we then attended the banquet, at which speeches were made; immediately after the close of the banquet we went to the con Spores and Geet] v Sioisiod the to lessrs. Mot and McHenry, two of the at- tachés of the Bepudtican gmc. Q. You have yan of a banquet. Was there a banquet given to the President by the city? A. Yes, sir, immediately after ing from the balcony. At that banquet did the President speak? A. He made a very short address, Q. Now, sir, after that speech was written out was it published? A. It was, sir, » When? A. Onthe next morning, in the Sun- Republican. 3. After it was poianed did you revise the publi- cation by your notes? A. I did, sir. 9 How soon? A. Immediately after the speech gas published in the Sunday morning Republican 1 went down to the Democrat office in company with my associate, Mr. Edwin F, Adams, and we very carefully revised the speech for the Monday morning Democrat. Q, Then It was on the same day—on the same Sun- day that you made the revision, When you made the revision had you your notes? A. [had, sir. Q. State whether you compared the speech as printed with those notes. A, Yes, sir, I did at that tme and since. Q. When you compared it did you make any cor- rections that you needed in the wording? A. My recollection is that there were one or two simple cor- rections, errors, either in transcribing or on the part of the printer. That is all that I remember in the way of correction of that speech. Q. Did you correct from your notes? A. I did, sir. . When was that? A. I think, sir, that it was a little over a year ago. Q. What occasion led you to revise it from your notes then? A. I was summoned by the Committee on the New Orleans Riot; I think it Was a little time after receiving the summons; I hunted up my notes and again made a comparison with the speech. Q. How far did that second comparison verify your correctness? A. It was perfectly correct, sir, Q. In regard to the particulars of the report, were you enabled to report so correctly as to give inaceu- racies of pronunciation? A. Yes, sir, 1 did so in many instances. Q. Where are your original notes now? A. I can’t tell, sir; I searched for them a little after I was sum- moned here, but failed to find them, S You had them at the time you were examined before the Committee on the New Orleans Riot? A. oe sir; I have no recollection of them since that time. Q. Have you a copy of that paper? A. I have, sir. Q. Will you produce it? (Witness produces a printed paper.) Q. Is this it? A. It is, Q. From your knowledge of the manner in which you corrected it state whether you are now ertabled to say that the paper which I hold in my hand con- tains an accurate report of the speech of the Presi- dent delivered on that occasion? A. Yes, sir; 1 am able to say that it is an accurate report. Mr. BUTLER said he proposed, if there was no ob- jection, to offer the Py rin evidence, and he pro- posed to do so also if there was objection. (Laugh- ter.) Cross-examined by Mr. Evarts:— Q. Lunderstand that you took down the entire speech from the President's mouth, word for word, as he delivered it? A. Ldid. Q- In the transcript from your notes and in this publication did you preserve that form and degree of accuracy and completeness? A. I did. Q. Is it all of the speech? A. It is, Q. No part of it is condensed or paragraphed? A. No sir, it is all the speech, Q. You say that besides the revision of the speech which you made on the Sunday. following the de- livery of the speech you made a revision of ita year ago? A. Yes, Q. For what reason and on what occasion? A, At the time that I was summoned be‘ore the Committee of Congress on the New Orieans Riots. Q. At Washington? A. Yes. Q. When was that? A. 1 can’t say; it is overa can’t fix the date precisely. . you then inquired of in relation to the speech? A. I was, Q. And did you produce it then to that committee ? A. I did. Q. Were you examined before any other commit- tee than that? A. No, sir. a Q. Was your testimony reduced to writing? A, jes. Mr. BUTLER—Was your testimony before the New Orleans Riot Committee publishedy A. I am not aware whether it was or not, Mr. BuTLER then put in evidence the St. Louis Democrat’s report of the President's speech in St. Louis, made on the 8th of September, 1566, The speech was read in full by the Clerk. The most 01 KF arctnde of it are set out in the third specification of the tenth article. Curiously enough it contains a paragraph predicting that the Fortieth Congress, if constituted as the Thirty-ninth Congress Was, would try to impeach and remove him trom office on some pretence of violating the constitution or refusing to enforce some law, TESTIMONY OF JOSEPH A. DEAR. : Joseph A. Dear sworn and examined by Mr. But- er:— rr Q. What ts your business? A. I am a reporter. Q. How long have you been in the business? A. Five years, Q. How do you report speeches? A, I am a short- hand writer. Q. Did you join the President's party when it went to St. Louis via Cleveland? A. I did join in Chicago, Q. Were,you in the President's party at St. Louis? A. I was. Q. Did you make a report of any speeches made there? A. I reported all the speeches made there, Q. For what paper were you reporting? A. I was with the party a8 a correspondent for the Chicago Republican, 1 made the report for the St. Louis Times, Q. Have you your notes of that report? A, I haye a part of them. «, Was there speaking on the steamboats? A. There was. Q. Did you report that speech? A. T did. Q. State whether that Was an address in reply to the welcome by the Mayor? A. I think it a speech in answer to an address of welcome by Cap- tain Leeds, who represented a committee of citizens who met the party in Aiton, Q. How did you make that report? A. In short- hand writing. ‘ Q. How soon did you write it out? A. That even- ng. Q. How acc ite was it? A, Where it purports to be accurate. he report was made for the St. Louis Times, and, a8 a matter of course, reporting for a paper of strong democratic poiltics | corrected the inaccuracies of grammar. That is all. " Q. Have you since written out from your notes so far as you have notes? A. I have, Q. Look at this paper and say if it is in your hand- writing from your notes? A. It is an exact tran- script, 80 far aa it gor Q. ts that an accurate report of the speech aa made by Andrew Johnson? A, It is, with the exceptions I have mentioned, Mr. STannery (to Mr. Butler)—Is that the kteam- boat speech? Mr. BuTLER—No; it is the speech from the balcony of the Southern Hotel. Witness—The tirsi speech is the speech at the Line dell a the other is the speech at the Southern Hotel. Mr. BUTLER (to witness)—Take the one at the South- Hotel. So far as that report goes this is an ac- apeech? A, It is, all here? A. Because I have lost Q.*Whereabouts did it commence? A, The speech mences in the middie of a sentence. The first vords are, “Who have shackles on their limbs, and who are a4 much under the control and will of th Masiers as the colored men who are emancipated Witness (to a Senator)—This speech was inade at the Sonthern Hotel, in St. Louis, Q. Does the speech then go through as printed? 8, it goes through to the end. . Have you compared the transcript with this Paper, the St. Louis Democrat? A. No, sir. rr. BUTLER offered the transcript as evidence, Cross-examined by Mr. Stanbery:— Q. Was your report published? A, Yes, Q. In what pepert A. In the St. Louis Times, on the Sunday following, I think the 9th of September. Q. How much more time does it require a short- hand writer to write out his notes in longhand than is ‘ired in ‘ing the notes? A. We generally the difference in the notes between nd about six or seven to one, Re-direct by Mr. BuTLene— | understand you yo say that the whole of h Was published in the Times. A. No, sir; hol 5 q. Was it lensed for publication? A. It was considerably condensed, () Was Andrew Johnson a rapid speaker? A, Mr. Johnson is a Nuent speaker, but a very incoherent one. Q. Does he frequently repeat his words? A, Fre- quently; he is tautological, very verbose, Q. Does that enable him to be taken with more ease? Yes, it does, sir, jong and Tnarew Jonuton peaket A. I think they can give the sense of his spesch without doing bim any in)us- Q, How fs it when are taken into consideration interruptions? A. The reporter would have to indi- cate the interruptions; he could not write them out. Q Bee could he get the sense of the speaker? A. Ye’ he could. Mr. STANBERY—A longhand writer, you say, may take the sense and substance of a apeech—that is, may take the sense and substance as to his own ideas of what they aref A. Yes, his own view of what the speaker is saying, 5 Mr. BUTLER—By dictating a report from the notes to another person it can be written out much more rapidly? Yes, sir. TESTIMONY OF ROBERT 8. CHEW. pennert S. Chew was sworn and examined by Mr. UTLER:— at You are employed in the State Department? am. a 28> In what capacity? A. I am Chief Clerk in the ent. Q. Isita of your duty to supervise com- missions that are issued? A. A comm! is first written out by a person who 1s called the Com- mussion Clerk of the ent; it is brought to me and by me sent to tne President. When it is returned e Secret » Who countersigns it; eS goes to ae jommission Clerk for the seal to be af- xed to it Q. When a commission does not pene to your de- Petement, where.docs ae got A. If it is for the asury it goes * Cy That is to say, the comenlesionis of officers of oe TrORSRET: are prepared at your department? A, es, sir. . For what officers, for instance? A. For Comp- trol if Auditors of tho Mint, Collectors of the Reve- nue, &c, v Q aor Secretary and Assistant Secretary also. A. e3, sir. After they are prepared they are sent to the ena ‘aves, sir. Q. Those belonging to your oMfice are issued from your office? A. They are igsued from the Depart- ment of State, Q. Have the kindness to tell us whether after the passage of the Civil Tenure of Ofice act any change Was made in the commission of officers of your de- partment to conform to that act? A. There was. Q. What was that change ? Tell us how the commis- sion ran in that respect before and how ft ran after- wards, A. The form of the old commission w: “during the pleasure of the President of the Uni State for the time being.” These words have been stricken out and the words “subject to the conditions prescribed by law” substituted. Q, Does that apply to all commissions? A. It ap- plies to all commissions, Q. When was that change made? A. Shortly after the of the Civil Tenure of Office act. Q. How soon after? A, I cannot say exactly when the first case came up making it necessary for the Commission Clerk to prepare a commission; he ap- plied for instructions under that act. Q. Was the subject then examined at th deepart- ment? A. It was. Q. Was that change made after examination or before? A. After the examination, Q. State whether it was made by the direction of Secretary or not? A. The case was submitted by the Secretary to the Examiner, and on his opinion the change was made. Q. By order of the Secretary? A. I think so, Q. Do you print your commissions on parchment from a copperplate form? A. Yes, sir. ; Q. Was the copperplate changed to conform? > twas, Q. Have you blank forms of the various kinds of beer issued by your department? A. We ave, Q. Prior to the passage of the act of March 2, 1867 (being the Civil Tenure of OMtce act), state whether the commissions issued to hold office during the plea- sure of the Prestdent for the time being were all ee in that form? A, They were all issued in that form. Q. After the change have all the commissions been issued in a changed form? A. They have. 4. Have such changed commissions been signed by the President? A. They hav Q. Has there been any other change than what Hie have mentioned down to this day? A. None at all. Q. Has any commission whatever to any officer been sent out from the department since the passage of the act except in that changed form? A. Iain not aware of it, i Q. Could there have been any except by accident a your Knowing it? A. Not except by acci- jent. Mr. BUTLER put the forms of the commission in eviden: Cross-e ‘amination by Mr. STANBERY: Q. The old form contained this form, as I under- stand it:—“The said oticer to hold oiice during the pleasure of the President of the United States for the Ume being?’ A. Yes, sir. it These words, you say, are left out? A. Yes, sir. Q. And these other words are inserted, “subject to the conditions prescribed by law?” A. Yes, sir. Q. Have you ever changed one of your plates or forms so as to introduce tn place of What was there these words, “To hoid until removed by the Presi- dent, with the consent of the Senate ¥? A. No, sir. . Has any commission been issued to the head of a department different from those that were issued before the Tenure of Office act? A. I cannot answer that there has been, qQ. Have you a separate plate for the commissions of heads of departments? A. I cannot answer that question, Q. Do you recollect no instances in which any change has been made there ¥ A, No, sir. Mr. BUTLER—Has any commission been issued to the head of a ‘partment since March 2, 1867? A, 1 do not recollect it. Mr. BUTLER—Then, of course, there is no cl Mr. STAMBERY—UI course not. (To the witi How long have you been chief clerky A. Since duly, 1866, q. How long have youbeen intheoilice? A. Since July, 1834. Q. That is, you have been there thirty-four years? A. Yes, sir. Q. In aii that time before this change all commis- sions ran in this way during the pleasure of the President for the time being?” A. Yes, sir. Mr. BorLeR—Do you know Mr. Seward’s hand- writing? A, Yes, sir. Q. Is this letter signed by him. A. It is, Mr. BUTLER—I offer now in evidence a list pre- phe by the Secretary of State and sent to the nents and removals of officers as they appear tate Deparument from the beginning of the government, Mr. SIANBI Of all oficers ? of all heads of departments. It is accompanied with a letter simply deserthing the od and which I will read. Tue letter is as fol- low Honorable Joun A. BrNGuaM, Chairman, &e.:— Sht—In reply ton note addressed to me 'on the 254 fost, on the part of the House of R the impeachment of the mit herewith two schedul sentatives in the matter of it, I have the honor to sub- 1'B, Schedule A presents a partments made by during the session of the Senate, so far asthe sane can be ascertained from the re- cords of the department. Schedule B contains a list of all appointments of heads of departments at any time made by the President, wit. the advice und. conaentot. the ‘senate and while the Senate was in acssion, #0 far as the same ap- Pear on the records of the State Department. 1 have the jonor to be, Aes, WILLIAM H. SEWARD. Mr. BUTLER then put in evidence schedule A, being the list of removals of heads of departments’ made the President at any time during the session of the Senate, the only case being ¢hat of Timothy Pick- es Secretary of State, removed May 14, 1800, Mr. Butler also put in evidence schedule B, being a of hy ident of the United Stat list of appointinents of heads of departments made by the President at_ any time during the session of the Senate, The list contains thirty appointments, extending froin 1794 down to 1864, "and are princi- pally the appointment of chief clerk to act tempo- rarily as heads of departments, Mr. BUTLER (to the witness)—There are in this list thirty acting appointments, like those of Mr. Hunter, Mr. Appleton and Mr. Frederick W. Seward. 1 do hot ak the authority under which they were made, but f ask the circumstances under which they were made, and what was the necessity for making them— whether it was the absence of ihe Secretary or other- wise? Has there been, in the thirty-four years that you have been in the department, any appointment of an acting secretary except on account of the tem-* porary absence of the Secretary? A. 1 do not recol- ject any at this time, Q. By whom were those acting appointments made? A. they were made by the President or by his order, Q. Did the letters of anthority proceed in most of these cases from the President or from the head of a department ? ir. EVAnTS objected, and stated the apers them- selves were the best evidence and must b produced, Mr. BUTLER satd that he was merely asking from whence the papers were tssued—whether they came directly from the head of a department to the Chief Clerk or came from the President to him. Mr. EVARTs—That is the very objection we make, The letters of authority are themselves the best evi- dence, Mr. BUTLER—Suppose there were no letters of authority? Mr, EVARTS—Then you would have to prove the fact by other evidence. Mr. BurLekK—I am asking from whence the authority proceeded, because | cannot know now to whom to send to produce them. The Citiky Justice (to the witness)—is the authority in writing? Witness—Itis always in writing, Mr. BuTLER—1 put this question to the witness, “From whom did those letters of which you speak come Mr. EVARts objected. The Caine Justice directed the question to be re- duced to writing. Mr, BUTLER then modified it so aa to read, “State whether any of the letters of authority which you have mentioned came from the Secretary of State, or from what other officer.’? Y i Mr. Buren said—My object in putting the ques- tion is that if he says that it came from the President that will end the inquiry, and if he says that they all came from the Secretary of State, then I want to send for them, Mr. Evanrs—We object to proof of anthority other than by the production of the writing, which, aa the Witness has stated, exists tn all cases, Mr. BUTLER—T am not now proving the authority, Tam endeavoring to find out from what source these letters came, and am following the usual course of examination. Mr. Corris (to Mr, Butler)—Do you mean to in. quire Who signed the letter of authority ? Mr. BUvLen—t mean to inquire precisely whether the letier came from the Seeretary or from tho Preat+ dents is—Do you mean by that " he i geo you mean from whose mene pom . BUTLER—I mean who signed the letter. . QURTI8—That we object to. UTLBR—I do not do it for the pepe, of proving the contents of the letter, but for the pur- pose of identification, wn EVARTS—We say that the paper itself will show Mr. BUTLER—The diMculty with me is that unless 1 take an hour in my argument these gentlemen are determined that I shall never have the reply of my proposition. My proposition is not to prove the authority, not to prove the si ture, but to prove the identity of the paper. It {s not to prove that it was a letter of authority, because Mr. Seward signed it, but it 18 to prove whether I am to look for my evi- dence in a given direction or in another direction. The CHIEF Justice decided that the question in the form in which it was put was es objectionable, and that the question whether these documents were by the President would be also competent. ir. BUTLER—State whether any of the letters of authority which you have mentioned came from the Secretary of State, or from what other officer. Mr. CuRTIS—I understand that the witness is not to ‘answer by whom they were sent. Mr. BUTLER (tartly)}—I believe I have the witness, The CHIEzF JusTICE—The Chief Justice will instruct the witness not to answer at present by whom they were signed, Witneas—They came trom the President. Mr, BUTLER—All of them? A. Such is the usual rule; I know of no exceptions, Q. Do you not know of any letter or authority to a chief clerk to act as Secretary of State that did not come from the President? A. Ido not. g Will you on your return to the office examine and seo if there isanything? A. I will. Mr. STANBERY—I see by the list only one instance of the removal by the ident of the head of a departmet during the session of the Senate, and that was an early one—May 13, 1800, Q. Do you know Rare t the circumstances of thatremoval? A, jo You do not not know whether that oMcer had re! to resign when requested? A. Ido not. Q. In you own knowledge since you have been in the department, do you know of any instance in which the head of a department, when requested by the President to resign, has refused to resign? ere (to the witness)—Stop a moment; I object he objection was either sustained or the question withdrawn. Mr. STANBERY—Have you ever examined the re- cords to ascertain under what circumstances it was that Mr. Adams removed Mr. Pickering from the head of the State Department in 1800, when the Sen- ate was in session? A. I have not. * Mr. BUTLER—Do you know that he was removed when the Senate was in session of your own know- ledge? A. 1 do not, ir. BUTLER—I now offer, sir, from the ninth vol- ume of the Works of John Adams (the Little & Brown edition), by his grandson, Charles Francis Adams, what purports to be official letters from Timothy Pickering, Secretary of State, to John Ad- ams, and from Adams to Hill. Any objection (to Mr. Stanbery) ? Mr. STANBERY—Not the least, Mr. BUTLER—The first one is dated the loth of May, 1800 (pages 53, 54, 55), I offer them as the best. evidence of the oficial letters of that time. I have not been able to find any record of them thus far. any objection, gentlemen? Tr, STANBERY—NOt at all, sir. Mr. BUTLER read a letter from President Adams to Timothy Pickering, Secretary of State, dated May 10, 1800, which, he said, was Saturday, announcing that the administration deemed a change in the ontice of Secretary of State necessary, and stating that the announcement was made in order to give Pickering an opportunity to resign. He next read the reply of Mr. Pickering, dated “ Department of State, May 1800,” stating that he had contemplated a conti ance in office until the 4th of March following aft the election of Mr. Jefferson, which was’ con sidered certain, and refusing, from various personal considerations, to resign. He then read the letter of President Adams, of the same date, removing Mr. Pickering from omMce. Now, Mr. Butler said, will the Senate have the gooduess to send for the executive journal of May 12, 1800, to be brought here? I propose to show that at the same hour on the same day the President, sent the nomtuation to the s Mr. STANBERY—Do | understand the Manager to suy at the same hour? Do you expect to Ww? Mr. BuTLER—When I come to look at the corre- spondence | think | am wrong. I think the action Of the Senate was a little previous, (Laughter.) Mr. STANKERY—You doy s, Sir. ator SHERMAN it was ordered that the journal in question be furnisied, MR, CREECY RECALLED, Mr. C. Eaton Creecy was recatied and examined by Mr. BurLeR:— Q. You have been seven, I believe? A. Yes, sir. (Paper shown to witness.) You told us that Were appointment clerk in the ‘Treasury oice, You are familiar with the handwriting of Andrew John- son? A. Lam. Q. Is that his handwriting? A. It is. Q. Did you produce this letter from the archives f the ‘Ireasury to-day? A. I did. k—Just step down a moment. Mr. Presi- ators, it will be remembered that the Mr. BurLi dent and answer ie President to the first article says, in these woi —*And it has ever since remained and is now the opinion of this respondent at the time when he forced, as aforesaid, to consider and decide what act or acts should or might careiully be done by this respondent, as President of the United States, to cause the said Stanton to sur- render the said oifice;” this respondent was also aware that this act (the ‘Tenure of Omice act) was understood and intended to be an expression of the opinion of the Congress by which that act was passed; tat the power to re- move executive officers for cause might by law be taken from the President aud vested in himand the Senate jomtly, Mr. Butler read further from the articles, The I dent claims that le had removed Stanton under the constitution, He then read the second section of the Tenure of Oflice act, empower- ing the President during the recess of the Senate to suspend civil oitlee! xcept United States Judges, for incapacity and misconduct, and authorizing iim to designate @ tewporary successor to hold until acted upon by the Senate, and re- quiring report such action within twenty days the ext meeting of the Senate with therefor, He also read te eighth section ing the President to notify the retary of t “sury of such temporary appoint- hout tie consent of tii aie. He continued: will be seen, therefore, Presi- dent, that the President of the United States says in his answer that he suspended Mr, Staunton under the s n indefinitely and at his , unless it is objected to, ow thatit is false under his own hand, and | Ter his letter to that effect, which, if there is no ob- jection, I will re: Mr. STANBERY (after examining the leiter)—We see no inconsistency in that, n falselwod, Mr. BurLer—That is not the question i put to you, Tasked you if you had any objection? Mr, STAD —1 have no objection, Mr, BuTLER—The falsehood is nop in the letter; it is in the answer. He then read’ the letter, dated Washington, August 14, 1567, as follows:— Sin—In compliance with the requirements of the eighth fection of the act of Congress of March 21, 1867, entitled “Aa act to regulate the tenure of certain civil offices,” you are hereby notified that on the 28th inst. the Hon, I: . Stan- ton was suspended from his off ot War, and wered ty Secretary of War ad in, Wit) Very Feapectf ull yours, ANDEEW JOHNSON. To Hon. Han McCoLLocn, Secretary of the Treasury. Mr. BUTLER—I wish to call attention to this ajain, because it may have escaped the atteution of 1 him to from General Ulysses 8, Grant ai veTIs—We object. We wish to know what Mr. € all this discussion ana. What question ow before the Senate? — Llow is it that this statement is pTLER—T am endeavoring to show that when ec itent said that he did not suspend Mr. Stan- ton ynder the Tenure of Office aci, and that he hud come to (he conclusion that he had the rigitt to sus: him before August 12, i847, without leave of t nure of OMce act, he sent w letter saying that he did it under that act to the Secretary of the Treasury, under the sth section of the act to which he refers. He expressly says im that letter that he dia suspend him under this act. Mr, Cortis—We do not object to the honorable Manager offering his evidence ; we do object to his argument. r, BUTLER—I am arguing nothing, sir. Tread the law. ‘The journal asked for by Mr. Rutler arrived at this point wd was delivered to Mr. Butler. He read the proceedings of Monday, May 12, 1800, and the subse- quent action of the Senate on the foliowing day, aa follows, on Tuesday, May 13, 1s00:~ The Senate proceeded to consider the message of the Preat- dent of the United States of the 12th inet and th contained therein of Joha Marsliail, of Virginia, tary of State, Wherenpon it was resolved that. th advine And consent to the appointment, according to the nomina- jon. Mr. STANBERY—Please to read when it appeared there and at what hour this was done. Mr. BurLER—I wiil not undertake to state the hour, sir, I stated directly to the Senate, in answer to you, that the nomination went to the Senate, as tt will ap: ear from aN examination of the whole cuse, prior to ‘he letters going to Mr. Pickering. Mr. STANBERY—Will the honorable Manager allow me toadd that he said he expected to prove it? Mr. BuTLen—I ne it would appear from the Whole case, He sent it first, 1 am quite sure now. Then, as it was the duty of Mr. Adams to send it first to the Senate, I presume he did his duty and sent it to the Senate tirat, before he sent it to Mr. Pickering. (Laughter.) 1 want to say for them that, being all on the same day, it must be taken to be done at the same time in law; but another piece of evidence is that asked Mr. Pickering to send in his resignation, becanse it was necessary to send the Suspension Lo the Senate as soon as they sat, Which he did. Mr. STANBERY requested a certified copy of the executive document in question. MI. C, BATON CREECY RECALLED. Mr. BuTLER—Upon the receipt of that notification by the President of the United States. that he. bal suspended Mr. Stanton according to the provisions of the Civil Tenure of Office act, what was done? A copy of the Executive communication was sent to the First Comptroller, First Auditor, Second Auditor and Third Auditor, % Have you the letters of transmissal there ? yitness produced and read one of the jetters pro- Mulgating the information by the Secretary of the ‘Treasury to the First Compirolier, He stated that the others were similar, ©, Are those oiticers the proper accounting and dis- q onivers and accounting bursing officers of the de, it the Wer Do te partment? A. They are for I understand you, all the disbursing omMeers of the Treasury for the War De; were notifi cr ply partment notified in pursuance of Objeoted to by Mr. Cartis. Mr, BUTLER—Were thereupon notified? A. Yes, sir. Q. Were you there to know of this transaction? A. Yes, sir. Did you prepare them in pursuance of any other acl of Congress except the Civil Tenure act? i No, sir, RECESS, On motion of Senator ConNEss, the Senate took a recess of fifteen minutes from half-past two o'clock, AFTER RECESS, Senator Conness suggested an adjournment, where- upon Mr. Curtis sald—Mr. Chief Justice, it is suggested to me by my colleagues that I should make known at this time to the Senate that it is our intention, if the testimony on the pars of the prosecution should be closed to-day, a8 we suppose it will, to ask the Senators to nt to the A meatie Conner Suse '§ in which to prepare and arrange their proof an¢ penn themacives to proceed with the defence, We find ourselves in a condition in which it is absolutely necessary to make this request, and I hope the Sen- ators will to te Tn response to an intimation from the Chief Justice am the request be postponed until the Senate was fuller, Mr, Cuntis said he had merely it now lest it should not be in order at another time. Mr. BOUTWELL, of the Managers, called the atten- tion of counsel to the statutes as me | the nature of the proceeding in the fact of the ap] tment of pokerng. He said the only ppointment of the head of a bog Sta ment which appeared on the record to have been made during a session of the Senate was in the firat statute of the 22d of September, 1789, in which It is ey as there — shall Ae ae Postmas- er Genel powers, and tl compensa- tion to the assistant clerks and deputies whom he at appoint, and the regulations of the Post Omice, shall be the same as they were under the resolution and ordinance of the last Congress, It was provided in the second section that this act shall continue in force untilthe end of the next session of Congress, and no longer, showing that it was merely the con- tinuance of the Post Ofice Department that was con- templated. On the 4th of August, 1790,Congress passed a supplementary act, in which it was provided that “ the act of last session, entitled ‘An act for the establishment of a Post Ofice Department’ be and the same is hereby continued in force until the end of the next seasion of Congress,” which was also a continuance of the Continental system af Post Office management. On the 9th day of March, 1791, Con- gress passed another act continuing the act for the temporary establishment of a Post OMce Department in full force and effect until the end of the next ses- sion of Congress, and no longer. On the 20th of Feb- ruary, 1792, Congress ** passed an act making various arrangements in regard to the administration of the Post Office Department, and to establish cer- tain post routes. That act provided that the act of the preceding session be continued in full force for two years, and no longer. This act did not provide for the establishment of a Post Oitice De- partment as a branch of the government; so that the act of the previous session was continued by it until 1794. On May 8, 1794, Congress passed an act cover- ing the whole ground of the Post Omice system, pro- viding for a General Post Omice, and for the Depart= ment of Postmaster General; and the last section of the act passed May 8, 1794, deciares that it shall be- gin on the first day of June following the day when the Continental system terminated. And it appears from the record that it was then that ‘Timothy Pick- ering was appointed, although the Senate was not in session; and they confirmed his appomtmeni, This fully explains the appointment of the only person Who was appointed during the recess of the Senate. Mr. WILSON—I wish to cail the attention of the counsel for the respondent to an entry in the Execu- tive Journal of the Senate of the 10th of May, 1800; also the 12th day of May, 1800, and the 13th, sowing that the Senate at that time met at an earler hour than twelve o'clock. On page ten of Journa of the Senate for May 10, 1800, it is entered that theSenate met and adjourned to eleven o'clock on Monday morning. (iieading)—On Monday morning,May 12, 180), Senate met and adjourned;” and the etry of adjournment is made “ater the consideration of ex- ecutive business the Senate adjourned to eieven o’clock to-morrow. Tuesday, May 13, 1300, the Senate met in pursuance of said adjournment at eleven o'clock.’ Mr. BINGHAM—Mr. President and Senatars. we olfer as evidence several executive message of the President of the United States, dated respectivel, December 16, 1867, December 17, 1867, December 16, 1867, January 13, 1868, December 19, 1867, The documents were read. They referred to re- movals and appointments of internal revenue and other officers, Mr. BINGHAM also offered in evidence a letter of the Secretary of State accompanying one of the mes- sages just read, dated December 19, 1867, notifying the Senate of the suspension of a consular agent in Borneo during the recess of the Senate. Mr. BuTLER—Mr. President, I believe now that I may inform the senate thatthe case on the part of the House of Representatives is substantially closed, ‘There may be a witness or two here that we shall ask to call on Monday morning, and also other testt- mony that we shal: ask leave to pw It is substan tially cumulative. it is possible that we may haveyiert out a plece of documentary evidence or two In the na- ture of public documents when we can exaxmine more carefully. With these immaterial exceptions, which 1hope may not turn out to be excepuons alter all, we have closed the case, Mr. Curtis—The counsel for the President will take no exceptions to what is proposed by the onor- abie Managers, It seems quite reasonable that they should have the opportunity to ascertain whether avytaing has been owitied, “lt now desire to submit a mouion on behalf of the President’s counsel, that When this court adjourn it will adjourn to meet on Thursday next, to allow he rresident’s counsel three working days to enable them to , collect and arrange their proof, so a8 to nto the nt ible. Senate with as litle ay as p We have beea totally unable to do tis during the progress the trial, and befor the trial = was in we had no time whatever. fcan assure the : iat it will very little, if at atl, protract the tral, b use certainly those gentlemen in the Senate wio have been in the habit of practising law are quite aware of the fact that more time is frequently consumed in the introduction of evidence from want of taving it properly arranged and presented than would have been the case if proper arrangements had been made before the trial was begun. We Unk therefore that we can assure the Senate that a considerable delay wiil be saved if this indulgence can be granted to the President's counsel. We do not expect to introduce alarge amount of oral testi- mony or @ great number of witnesses, but we have @ considerable amount of documentary evi- denee, We have thus far not becn able to collect and arrange some portions Which we have reason to suppose exist, We bave not yet been able to search for it, We request, therelore, that this postpone- ment be granted. Senator Co! 88 Moved that the Senate, sitting aa a court, adjourn until Wednesday next at tweive o'clock, Several SENATORS—Give them the other day, Senator Jounsox—If it is in order, I move to amend the motion made by the honorable Senator from California by inserting Thursday instead of slay. yuestion Was put on the amendment of Mr. Johnson and agreed tv, with only one dissenting Mr. President— o debate is in order. Senator CoNgLixe—I wish to inquire whether the Managers want to submit some remarks on the mo- delay. wathe CHIEF Jusrice—The question 1s on the motion vee tor CONKLING-—My purpose was to ascertain whether they desire to make some remarks or not. Mr. BUTLER—We want to have it understood, reply to the mquiry from Senator Anthony the Ty stated the question. Secor tines said the motion to amend had been submitted befure ue was aware of it, He had 5 woept it. bar nrhed Camnnox—I was going to ask the Mana- fers whether they will not be prepared to go on with this case on Monday. [ean see no reason why the other side will not be as well prepared. PTLER——We are realy. Mr tore CAMERON aud SUMNER simultancously— Ee oains Je ‘=rice—No debate is in order. Senator CAmEKON—I am not going to debate the nu, your honor. J have just arisen to ask a jon, Whether the Managers will be ready to go tl © on Monday ? Senator SUMNER—I wish to ask a question also, T want to know if the honorable Managers have any views to preseut to the Senate, sitting now in the trial of this impeachment, to aid the Senate in de- termining this question of time, On that L wish to know the views of the honorable Managers, ‘The Carer JusTICKE—The Chief Justice is of opinton that pending the motion of adjournment no devate yrder. the motion, as amended, was then agreed to by the following vou a tors Anthon: Bayard, Buckalew, Cattell, Oneae Servet, Cragin, Diton, Edmunds, Ferry, Foster, Frelinghiynen, Ge Hendéraong Hehdricks, owe, Johnadn, MeCreery, Morrill of Mo, ol Howard ottje, Pettetion of Ny ity Paterson’ of Tenn., , uisbury, Sherman, Sprague, Tipton, Tram: bay fer Viekerm, Willey und Wiltathe-37, Avs Senator Camerom, Chandler, Cole, Conkling, Drake, Morgac, Pomeroy, Stewart, Sumber and Thayer—t0, ‘The chair was vacated and was immediately re- sumed by the President pro tem., whereupon, with- out transacting any legislative business, on motion of Mr. Grimes, the Senate adjourned, DestiTUTION IN SOUTH CAROLINA.—The Marion Crescent has the following communication, dated Le Cette’s Mill, ten miles south of Marion Court House, s ©, March 22:—The destitution in this Jam fran a is alarming in the superlative degree, and unless help comes from some source and that immediately, and | know of no other source that it can come from bat the governinent, a half crop wil not be made and starvation with many is inevitable. ‘The fact 18, many are this moment without a morsel of bread, but as yet | have heard of but one or two deaths caused by the same, My barns and mills are haunted by day and night; even wait for corn to come in and be ground that they may get a few quarts of meal wo carry home to their starving fami- lies, The destitution may be equally divided be- tween the whites and blacks. 3 POLITICAL INTELLIGENCE. ee The Election in Connecticut To-Morrow, The following is a ist of the candidates for State oMcers and State Senators to be voted for in Con- necticut to-morrow:— Democratic. Republican, Governor......James E, English, Marshal Jewell. Lieut. Gov....Ephraim H. Hyde. Francis Wayland. Sec’y of State. Leverett E. Pease, Hiram Appleman. ‘Treasurer.....Edw. 8. Moseley. Lev. W. Wessels. Comptrolier ..Jesse Olney, Jas. W. Manning. SENATORS, 1—Nathaniel B. Stevens, Samuel Rockwell. 2—Robert B, Morrison,’ Albert Austin. 3—Jairus Case, Wm. 8. Pearson. eer Calas, Charles P. Brockett. jsaac T, ylvest . 6—Samuel Simpson, Garry LM 7 4—Ephraim William: Alfred Cott, 8—John W. Stedman’ Charles W. Scott. 9—Thomas S. Swan, James B. Peckham, pf jonathan E. Wheeler. William Coggswell. 1i—L. N. Biydenburgh, Orrin Benedict. 12—Charles Benedict, William ©, Street. 13—Elisha Potter, C, Edwin Griggs. 14—Joseph D. Bates, Edwin H. Bughee, 15—George H. Baldwin, Charles B, Andrews. 16—Seth 8. Logan, Gecrge Langdon, 17—E. Grove Lawrence, Theodore 8, Gold. 18—Chas, C, Hubbard, O. Vincent Comin. 1 . L’Hommedieu, - 20—William Holman, Charles Underwood, 21—John W. Sumner, Daniel W. Huntington, Last year the democrats elected their candidate for Governor by 987 majority. In 1865 the radicals had a majority of 531, The total vote for Governor last year was:—Democratic, 47,565; radical, 46,570; acat- tering, 11. In the State Senate last year there were 11 radicals and 10 democrats, and in the House, 124 radicals and 114 democrats; radical majority on joint ballot, 11, The campaign in Connecticut closed this year with three rather remarkable occurrences, namely, the “cranberry patch” dodge of the radical to entice democratic voters from the State; the offer of the same party to buy voters by paying their passage from this city to Connecticut, and, finally, the with- drawal of the names of all the democratic State can- didates from the columns of the democratic organ in Hartford. The latter might have been by accl- dent, because it is not likely the democrats will Surrender the State without a contest after all their late blustering. Although it has been comparatively kept in the background, the subject of negro suffrage is one upon which the people of Connecticut will be called upon to vote to-morrow. The measure was defeated in 1865 on a popular vote by a majority of 6,272. ‘The next Legislature will be required to vote upon the amendment to the State constitution giving free suf- frage to negroes, and as the body stands so will the question be decided. The Legislature has also to choose a United States Senator in place of Hon. James Dixon, whose term expires with the present Congress, W Election in Michigan To-Morrow. The election in Michigan on the adoption or rejec- tion of the New State constitution will be held to- morrow (April 6). The following propositions wilt be voted on separately:—Whether there shall be an- nual or biennial sessions of the Legislature; whether the Legislature shall or shall not prohibit the sale of ardent spirits as a beverage, and whether negro suf- frage shall be allowed. In 1866 Michigan gave the republican candidate for Governor 29,038 majority. Election in Wisconsin on Tuesday. The election in Wisconsin for Chief Just! and an Associate Judge of the Supreme Court will take place on Tuesday, April 7, The democratic candidates are Messrs. Dunn and Ellis. The radical candidates are Judges Dixon and Paine. Last year W! 4,764 majority for the republican Governor. Political Miscclluny. The Meridian (Miss.) Chronicle hoists the name of Governor Fenton, of this State, for Vice President on the Grant ticket. The conservatives of the First Congrasst---* *~ Georgia, have nominated—For Congress, Henry 1; for delegates to the National Convention, . Thompson, of Chatham, and P. ©. Pendieton, of Lowndes; alternates, James L. Mosley, of Plerce, and F. H, Fildes, of Brooks. TEE NATIONAL GUARD. wr The Thirty-seventh regiment will hold battalion drills at the State Arsenal on the evenings of April Ij and 28. The drill on the 28th will be public to those holding invitation tickets. At cight P. M. April 9 the court martial for the trial of delinquents tn the regiment will commence its sessions. ‘The right wing of the Twenty-second regiment will have a battalion drill at the armory in Fourteenth street on the 17th inst., evening. The left wing will drill on the evening of the 18th. These drills will be public, It is ordered that commandants of com- report to the colonel the names of the three n their commands the most werthy to become didates for medals, which candidates will be driiied in the presen of the battalion on the night of their respective wing drills, The lieutenant colovel, major, adjutant and Mander are appointer a board to upon the relative e) lence of candidates. regiment will assemble at the armory on Fri evening, April 24, in fall dress, when the Asptn’ medal will be presented. After the presentatic there will be a promenade concert. a The right win, Eleventh regiment will drtil at the Slate Arsenal on the evening of the 10th Inst. ‘The left wing will drill on the evenme the 14th The commissioned officers and noen-« oiticers of the regiment will assemble tor dr military instruction on the evening of the ist inst., at the regtinental armory, At an election held by Com} first regiment, last Monday ev William H. Benjamin was ele F Lieutenant John W. Williams first liewtenant, and private Joseph B. Coe second lieutenant. First Lieutenant George MeMillan has been elected, captain of Compan third regiment, and First Sergeant Ed. Pa 5 Mr. Geo. Schafer has been appoin' to the First regiment artillery, vice Frederick Mahi- stadt, resigned. ‘ EXFirst Lientenant Peter J. Bogert, of Company A, Seventh regiment, was last Monday ev sented by his old comrades with a letter and resolutions, beautifully engrossed and encased in @ massive frame of great costliness. | The chairman of the testimonial committee, Sergeant in announcing the labors of the committee at com- decide The wih dressed the company in terms very compli- mentary to the recipient of the testimonial, Captaia Richard Allison made the p tion speceh, which was quite happily responded to by Liewienant Boe right wing of the Twelfth regiment dritied at the State Ars jast Monday evening, and the left ¢ on Friday evening. withe tabors ‘Of the Hoard of Officers appointed by Governor Fenton to make an examination of va kinds of breech-loading arms having been compiet they have been dismissed with thanks by Governor Fett petition to the Legislature praying that body to pass the bill introduced by Assemblyman Riley, which compels the Park Cominissiovers to set aside a plot of ground in the Park for @ pat e ground of the First divisic tional Guard, is now extensively circulating throughout all the commands of the divi- sion, It will be sent to Albany wilh over twenty thousand names. Great prepar. ons are being made for the grand romenade concert of the Seventh regiment, whieh is to take place at the 8 ing of the 10th inst. il appear in their new full dress uniform on the occe The affair will be very select, and will undo’ e event of its kind of the season. * company order, under date of the 28th alt, Allison, of Company A, Seveath ts from detail Mutat 0 Sergeant Swift, Corporal Kidder, Priva pert, Blish, Donaldson, Geffory, Hayden and Way they having attended all the drilis auring the past season. . SNOW STORM. ‘on the even- A snow storm, accompanied by a chilly northeast wind, set in about haif-past ten o'clock last night, and before midnight the streets, housetops and awi- ings were clothed in white. Winter has been Ua- usually reluctant this year in taking his departure. At an carly hour this morning the indications were that the snow would not see the sun rise, as it was melting fast on the ground, and the fallive particles were fast turning to rain, Snow Storms in the West- Cricaco, April 4, 1868, During last night and this morning nearly three inches of snow fell here, The storm appears to be vi take eneral throughout Wisconsia and Minnesot aes sone MitwacKee, Wis., April 4, 1868, A goneral snow storm prevails over Wisconsin and Minnesota, with a strong northeast wind, Denver Crry, April 4,1 A late arrival from Cimaron mines reports a snow storm three feet deep. SANDUSKY, Ohio, April 4, 1963, A heavy snow storm is prevailing here. RT