Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-16

there Is no branch of the law where there
is more difficulty to lay down precise rules
than that which regards the intent with
{ which an act Is done. In the present case
IL appeared that the Senate, on the 2lst of
passed resolution which will
take the liberty of reading: -
WHEREAS, The Senate have received
ana considered the communication of the
President, stating that be had rem5ved Mr..
Stanton, Secretary of War, and had desia-
mated, the Adiutant General of the army to
! at IS Secretary or War ad interim; there
= IOre. y t-er - 49,
Resolued By the Senate of the U,,itea States,
That under the Constitution and laws of
the United States the President has no
power to remove the Secretary of War and
to designate any other officer 10 perform
the duties of that Office ad interim.
That resolution was adopted on the'2Ist
OF February, and was served on the even-
. ing of the same day. The message now
/. proposed to be offered in evidence was sent
to the Senateion. the 24th of February.5 IL
does not appear to the Chief Justice that
the resolution called for an aausVvers and
therefore the Chief Justice must regard the
message OF the 24th of February as a vim
. dicatiOn of the Presidents act, addressed
4. to the, Senate. IL does not appear TO the
Chief Justice that that comes within any
rule of evidence which would Justify lis
being received in evidence. The Chief
Justice, however, will take the views Of the
Sentts in regard teiit.
= No vote being called for,H the rCHIEF
JUSTICE ruled the evidence inadmissible.
3. MIR. CURTIS then offered to put in evil
+. dehee tabular statement, complied at the
/. cffice of the Attorney General. containing
: q list of Executive officers of the United
States, with their statuary terms or act of
i. Congress creating the offices the name ror
title of Office, showing whether the tenure
was for definite period, at the pleasure of
: the Presidentsor for term indefnite.sl
After &C me interle cutory remarks by Mr..
BUTLER. Ine paper was, on motion OF Mr..
TRUMBULL ordered printed as a part of
the proceedings.
z Mr.. CURTIS then offered the papers In
the case OF the removal of Mr.. Pickering
by. the President, Mr.. ADAMS remarking
that,it was substantially the same as had
been put in evidence by Mr.. Butler, ex-
cept it was more formal.
The witness, Mr.. ID witt, Chief Clerk,
here desired to make a correction in his tes-
9 timony to the eff .ct that the message to the
President was not delivered to him on the
22d of February, but on the 24th of Feb
ruary; that it was brought up by Mr..
Moore, the Presidents Private Secretary,
@ on the 22d,; but the Senate not being In
session, Mr. Moore returned with it TO the
Executive Mansion: ,., 80 ,..oizgi .a,1
VIM. G. Moore, the Presidents private
to bringing the nomination of Tlios. Ew-
ing as Secretary of War, from the Presi-
dent on the 522l of February, after II
o'clock; that the Senate was not in session
and he took it back to the President, and
delivered it to the Senate on Monday, the
24th of February. -eisd 11a gFw hts7sTsio
Mr.: CURTIS then putin evidence. With
out objections, certified copies of the ap-
pointment by President T. Ter, on the 10th
of February, 1914. of John Nelson, ,rAttor-
ney General, to discharge duties of ere
tary of State ad interim until successor
to Mr.. Upshur should be ap-
pointed and the appointment confirmfd
by the Senate ON March 9Th, 1874, of John
c. Calhoun to that office also, the appoint
ment by President Fillmore, July 23d,
1850, of Winfield Scott as Secretary of War
ad interim. in place of George A. Craw-
ford, and of the confirmation by the SEN
ate, Aug. Is. 1860. 80 s,... sf0t
Mr.. CURTIS also offered document re-
lating to the removal from Off :e of the
Collector and Appraiser of Merchandise in
Philadelphia.
Mr.. BUTLER objected. .sssiiiy srifs1
After some debate between counsel the
evidence was admitted. ass7gir.. {. hae
Mr.. CURTIS then offered document
from the Navy Department.. 81 . - hus
While Mr. Butler was examining it the
Senate took a recess for fifteen minutes.