Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-04-20


MT. Evarts replied that counsel had no
Inrther evidence; that they considered the case
closed on their part.
Manager Bingham said the Managers might
not Deeh able to appear at first. The Managers
considered that they had the power to intro
dnee this evidence at any time
senator johnson inquired whether the Man.
ayers desired the privilege of introducing wit
nssses after the argument had commenced.
Mr.. Bingham said not as the Managers up =
aeislood It, although they were under the i'm
preston that heretofore in cases of this kind
such had been allowed. As they were at pres
ent ADVISED, however, they did not desire TO do
this. Ihere We're witnesses who they under
stood had been at the Capitol within the las I
twenty -eight hours, who the Managers desired
TO place on the stand.
Mr.. M anager Butler then introduce In evil
dence the commission issued to George Wash
ngton as Commander IN Chief of the armies
MADE out under the direction of the 1st Con-
gress. The point under which they offered il
was tnat this was the only form of commission
10 omcers OF the army authorized by law 1t
provided that the commission should be held
during the pleas ure of Congress, and the change
Whlch mad afterwards been made was ssduring
the pleasure Of the President"
Mr.. Butler next introd uoed letter from the
treasury Department TO show the practice of
making appointments during the recess.
Mr. Evarts said the evidence was not appli.
cable TO any point made by counsel, either i'm
argument or evidence, but they did not object
to II.
Mr.. Butler then read the letter. which was
oateo ugust 1855, from James Guthrie, Sec
retary OF the Treasury, declining to make an
appointment in the recess to an office which
mad become vacant during session of the Sen
ate.
Mr.. Butler then asked permission to read tn.
papers in the case OF Foster Blodgett late post
master at Augusta, Georgia, which had he
said, only been sent in by Postmaster General
Randall this morning.
Postmaster General Randall was then exam.
med by Mr. Butler.-Witness had not prod uced
the original papers in Blodgett's case, but GER
uned copies from the Treasury Department:
dld not produce the original papers from his
own Office because they would not prove any,
thing.
Mr.. Butler here read the indictment of the
grand jury of the nited States Court for the
southern district OF Georgia against Foster
Blodgett for perjury, in that as postmaster for
Augusta, Ga. he took the test-oath. that he had
never given aid or comfort TO the enemies of the
United States; when the said Blodgett had vol
unfairly borne arms against the United States
he having been captain of an artillery company
in the service of the Confederate States.
BY MIR. Butler.-Mr. Blodgett returned an
snswer 10 the notice of suspension, of which
the paper handed TO witness by Mr.. Butler is a
copy.
Mr.. Butler was then proceeding to read the
al swer OF Mr.. Blodgett: when Mr. Eyarts
Objected. as 1t did not bear upon the case
Mr.. Butler said Blodgett was Mayor OF
augusta, appointed by General Pope. and a
mf mber Of the Constitutional Convention o,
Georgia.
The Chief Justice directed Mr.. Butler to
reduce what he proposed TO prove TO writing
MIR: Butler said he would do so after he had
stated the ground of his proof
The Chief Jnstice was of the opinion that the
proof must first be reduced TO writing
Mr.. Butler repeated several times that this
was the first time he had known a counsel to
be stopped in this way.
The Chief Justice said he would submit the
question TO the Senate il any Senator desired
H. he honorable Manager was proposing to
n VI lnh no Rad
duced, and which Were not, as the Chief Jus-
uce understood il, relevant.
Mr. Butler was again proceeding with his
remarks, when the Chief Justice asked if the
honorable Manager declined to reduce his proof
to writing.
Mr.. Butler said no, but it would take some
time.
Mr.. Butler reduced the offer to writing.
stating in substance, we propose to show that
Foster Blodgett, Mayor of Augusta, Ga, hay-
ing, because of his loyalty, became obnoxious
TO some OF the enemies of the country, they pro-
cured an Indictment against him, which, being
sent to the Postmaster General, he suspended
MN without authority by law from the Office
OF Postmaster at Augusta Ga. and aIthou OH
that Office was in the gift Of the President no
notice OF suspension was sent to the Senate
We offer to prove that Blodgett was ALWAYS
loyal and friendly to the Government of the
United states, and part Of the proof will ap-
pear In his answer to the Postmaster General
Mr.. Evarts objected to the reception of the
evidence. Foster Blodgett had been put upon
suspension from the Office Of postmaste and
the counsel had produced the Postmaster Cen
eral to give the facts of the case. Now,
could not see. The honorable Manager SAYS
ne VIII prove that Blodgett was ALWAYS friend
ly to the United States Government, although
ne was Captain in the Confederate service
Ihis letter of Blodgett was written ten days
after his removal and the Honorable Manager
CLAIMS that ii was partof the paper upon which
the postmaster should decide upon the ques-
N nf aIsk~
nrable to see this now. Ii the loyalty of Foster
Bloogett was 10 be brought in trial before the
Senate they would have a very interesting
discussion The counsel had a witness here in
Town VINO could prove that Foster
Blodgett was a Captain in the rebel service.
Mr.. Butter said Foster Blodgett had never
been able to get his case before the Senate, al
though he had ussd all his efforts, so that ius.
uce should be done him. In order to meet the
testimony of the Postmaster General that he
suspended Blodgett on account of the Indict.
ment, ana the Managers had then ked for a
copy of the indictment, and now they claimed
as part OF the proceedings in the case that
the answer Of BlOdgett exonerating himself.
which was written seven days, and not ten
TO he received here. He had heard of Official
acts and unofcial acts, and he thought the act
Of the Postmaster General in remoyine
6as0fe 6na ,hs without Ea, authority Of law was
ever heard of. Here was a man whose
character had been blasted, and vet he was TO
De MlOWeQ no cndnce 10 defend himself. Now
il is said they have a witness to prove that
Blodgett was in the rebel army. He (Mr b
did not doubt it. Blodgett was only captain
Of a militia company, and yielded to force and
would swear that he did not 90 into il yolun.
tarily. This man is well known in Augusta
and was elected by his neighbors to make con.
stitution for the State Of Georgia. He was an.
pointed Mayor Of Augusta by General Pope,
and when the State Of Georgia Is admitted
here, he (Butler) did not doubt that Foster
Blodget would come and take his seat by the
proudest Of them. He MT. b. only proposed
to put in here the papers in the Post Once De.
partment bearing upon this case. The counsel
had put in SO much Of the papers as suited them.
and be tMr. b. wanted the papers that bore on
his side Of the case.
Mr.. Evarts said the counsel had not mt in
any paper.
Mr. Butler then withdrew his former offer ~
proof, and submitted the following :-a The de.
fendant's counsel having procured from tha
1les Of the Post Once Department a mari of the
record relative to the removal OF Poster Rlod.
gett as postmaster at Augusta, Georria. we
now oner TO give the whole of the record
The Chief Justice submitted the o0eetton IN
the Senate, and the Senate refused to allow the
papers to be put In.
Mr.. Butler then asked the Postmaster Gen.
erai TO state the clrcumstanees OF The remoyak
Inc witness then stated that COPY OF the
indictment WAS brought to him, and also in
formation communicates in regard to f. As
witness understood IL. the President had M