The Evansville journal., 1868-04-20

I deuce not admitted
Mr. Wsles, Secretary Of the n tvr, was
tn-ll rec.-ite't, and the counsel prppOsad to
ask nim Waet1e The QasstfOu- IF the an
plleahH " OF the tenure or offce bin to
Stanton was considered in the Cabinet
meetings previous o its return with The
objections of the President and whether
th- opinion was expressed that the law
d1d not apply TO any of the Secretaries ap-
pointed by Mr.. Lincoln.
Butler objected, conJending that il was
exc uded by the last ruling.
Evarts said this testimony was in refer
ence TO construction, not to the cOnstftu-
tionality Of law, and held that IL was ad-
miSsable for other reasons.
BIt1er read from the veto message to
show that the President vetoed the bin on
the ground that IL did not amply to all
the mem bers of his Cabinet. He also held
that the President did not pretend to be-
lieve hat Stanton WOu Ia 'acauieSce in his
removal, because ne felt himself not COW
cred by law; the President put II on the
grOu nd of cOWardice.
Evarts referred to the 20 tiOn of the
message read by Butler, and said they
made part OF 2 general argument as to the
cOnstitutionality of the bill, and had no
reference 70 2 special case of President
Johnson s Cabinet.
The Chief Justice ubmftted the question
70 the Senate. and the evidence wss re-
fused admission by vote of p TO 26
Mr., Evarts the asked If at any Cabinet
meetings held between the time of the
passage of the Teuure-Of-O Office BIZ and
the removal of stanton, the ques ion of
how the public service was effected by IL
was copsidered@ and witness repIied that
II bad been considered repeatedly. Coun-
sci then offered TO prove that on such Oc-
casiOns the President determined q proper
regard for the public interests REQUIRED
that 9 case should pc ar anged in some way
50 As TO procufea judiei Al decision as 10
the cOnst1tutiOLality o. the law.
Butler said the Managers would like TO
nave the Senate, IN accordance with their
previous votes eclare that all such evil
dence Is lmmaterial end stop the trials to
their patience, of attempts 10 introduce It
at length.
Evarts briefly rejoined that the learned
Manager, from the frequency and length
of mis- remarks, seemed TO think that the
patience or the Senate is Ministerial, and
f ON one side.
Mr.. Henderson asked whether this evil
lence might not be introduced in mitiga-
ton of what might be pubnsh5d with the
deposition but not necessarily with dis
qualification from Office.
Mr.. Butter replied that IL could not be Of
efTd With such 2 design 20 the Cont, but
II 4 could he this Is not the proper time for
Ouered after conviction and before iudg-
meht. s"# f -HtI-.
The question was submitted and by
vote pfi9.tO 30, decided in the negative.
so the evidence was not admit ed and the
senate TOOK recess.
eOn~areass sefnb rug az 2 :25s O'clock. Mr..
1varts asked If within the period men
5toned in the Cabinet discussion, was any
hing suggested or said about using force
question at issue.
Butler objected for The reason thatit was
Z oiysfssai ,Dly a rnlipg and The Senate sus-
ained the objection by q vote offs TO 28.
Mr. Welles, on decentralization, said
le had received but one commission as
secretary Of the Navy, which was Abra-
february 22d, before y O'Clock; the uomi-
lation OF Nj Ewing was hen made QUIT
esllned yesterday that Mr.. Etaubery had
IN engagement at the Supreme Court, at
2 O'Clock, but II was only his inference;
toes toes not knoW Why the officers Under Gen-
raj Emory $ command were called frOm a
,arty 70 go 10 headquarters; did not hear
nat II was TO Waln them not TO go to
2 squefade; does not know whether he
tated to the President anything but that
ne oTncers were called and that the War
was unusually lighted up.
Edgar Welles, a son Of the Secretary,
'hIef Clerk n the Navy Depart nleua was
ne next witness for the defe 4se. He GER
mel 70 the form of the comlnission for
'aVy Agents; then stated what lie heard
Z 4 party, which he communicated TO his
amer the same night; the lady of the
ouse told him about the cali for the offi-
ers % 90, 70 he 4dquarters.
Mr. Evarts then stated that counsel had
a atleudauce the Secret airy Of The Treas
ry, Lhe Secretary Of State, the. Secretary
Jhe Interior aud the Postmaster Gener-
/, who were prepared TO give the same ev-
ience they had wished TO elicit from the
ecretaIy or The Navy. but which he
aOuld not now attempt to Introduce in
Onsequence Of the late ruling.
alexander 8anda !, Postmaster General
zas then called, and testified thai Foster
lodgett was removed from the 0nice OF
osIiilaster at Augusta. in conseQuence OF
le produced the papers and letters which
1ected the removal.
1svarts offered 70 put them in evidence.
Bulier objected, unless omplaints were
80 nled. but afterWard partly withdrew
le objection, and The. papers were read.
me President appointed Blodgett, with
1nsent e. the Senate. Witness Suspended
I'M under practice of the Department,
"a Jhe law of necessity does not allege
~ pafticuiar statute in defense OF his
non com 10 unfeated. The President did
Hiioub consultation with him, suspend
iodgett on hearing Of his M. conduct
ON the District Attorney, and on seeing
Is indictment for perjury, &C. Did not
clude n copy OF indictment IN the papers
produces, because ne did not know 10
ould be req aired, but can do soi gave
Odgett no means OF DEFENDING himself by
that he would be suspended,
II did 50 on ground Of the Indictment;
q case has never been reported 10 the
nate; has not appointed hundreds oI
en- who could not take The test oath,
)r one, that he is aware Of; did not n
lire VIII ther the men who Brought the
were TebetS or Union SIS; 10
IS not his business he dealt with the
sherman submitted the fnterrogatories
letheF the quest ion Of the applicability
the fenule of Jfice 10 me abers APP
inted Mr. Lincoln ever tue before
e Cabinet for discussion and ii so, Waat
e opinions ere7
several Of the Managers objected, that
same Ques ION b "a already been ruled
sdmissable, and the yeas aud nays Oe-
taken. resulted IN ~ 10 p. 50 the Gue5-
n was not allow 10 be answered.
warts rose and stated mat the con-
ued illness Of Mr.. StanDery prevented
counsel from saying positively, Out as
as tAey knew, their evidence vas all IN,
ne court then at 3 o CLOCK AMI 10 min
IS adjourned, and the senate tmmed-
@ly afterwards.
'.4-- 's'..-a.-..Els-l7.se..s1z
DIED.