The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-20

ton, the subject of how the public ser
vice was affected by it was considered,
and the witness replied that IL mad peen
considered repeatedly. :, I
The counsei then offered to prove that
on sicb occasions the President and
Cabinet de termined that proper regard
for the pnblic interest required that a
case should be arranged in some way so
as to procure a judicial decision as to
the oonstitutionality of the law.
Mr.. Butler said the Managers would
like to have the Senate, in accordance
with their previous votes, declare that
all such evidence is immaterial, and
stop the trials to their patience of at
tempts to introduce it at length.
Mr.. Evarts briefly rejoined that the
learned Manager, from the frequency
and length of his remarks, seemed to
think that the patience of the Senate
was unilsteral, and capable of receiving
impressions ouly from one side.
Mr.. Henderson asked whether this
evidence might not be introduced IN
mitigation of what might be published
with the deposition, but not necessarily
with disqualification from office. .
Mr.. Butler replied it could not be Of
fered with such design to this Court,
but if it could be this was not the pro-
per time fer mitigating testimony,
which was always offered on conviction
and before judgment.
The question was submitted to the
Senate, and by vote of 19 to 80 de-
cided in the negative, so the evidence
was not admitted, and the Senate took
a recess.
On re. assembling, at 2:25, Mr.. Evarts
asked that if within the period men
toned to the Cabinet discussion there
was anything suggested or said about
using force in order to bring about q
settlement of the question at issue.
Mr.. Butler objected for the reason
that it was covered by a ruling, and the
Senate sustained the objection.
Mr.. Welles, on cross-examination,
said he had received but one commits
sion as Secretary of the Navy, which
was from Abraham Lincoln. Called on
the President February 22d, before II
o'clock. The nomination of Mr.. Ewing
was then made out, rs testified yester-
day. Mr.. Stanbery had an engagement
at the Supreme Court at II o'clock.
Do not know why the officers under
General Emory's command were called
from the party to go to headquarters.
Did not hear that it was TO warn them
not to 90 to- a masquerade. Do not
know whether he stated to the Presi-
dent anything, but the officers were
called tor, and that the War Depart
ment was unusually lighted up.
Edgar Welles, son Of Secretary Welles,
and Chief Clerk in the Navy Depart
ment, was the naxt witness for the de,
fence. He certified to the form of com
mission for navy agents, and then stated
what he had heard at the party, which
he communicated to his father the same
night. The lady of the house told him
about the call for officers to go to head
quarters.
Mr.. Evarts then stated that the coun.
| sci had in attendance the Secretary OF
the Treasury, the Secretary of State, the
Secretary of the Interior, and the Post
master General, who were prepared to
give the same evidence they had wished
to elicit from the Secretary of the Navy,
but he should not NOW attempt to intro
duce it, in consequence of the late rnl'
ing.
Alexander Randall, Postmaster Gen,
eral, was then called and testified that
Foster Blodgett was removed from the
office of Postmaster at Augusta in con-
sequence of a complaint in writing OF
misconduct. He produced the papers
and letter which effected the removal.
Mr.. Evarts offered to put them in as
evidence.
Mr.. Butler objected, unless the COM
plants were also filed, but afterward
partly withdrew his objection and the
papers were read.
The President appointed Blodgett
with the consent of the Senate. Wit
ness suspended him under the practice
of the Department and the law of ne
cessity. Does not allege any particular
statute in defence of his action CON-
municated to the President. Did ii
without consultation with him. Sus'
pended Blodgett on hearing of his mis-,
conduct from the District Attorney, and
on seeing his indictment for perjury,
&c. Did not include Il copy of the in-
dictment in the papers he produces, be-
cause he did not know i" would be re-
quired, but can do so. Gave Blodgett
no means of defending himself by the
intimatiOn that he would be suspended,
he did SO on the ground of his indict-
ment. The case has never been report
ed to the Senate. Has not appointed
hundreds of men who could not take
the test oath, nor one that he is aware
of. Did not inquire whether the men
who brought the indictment were reb-
els or Unionists; it was not his business.
He dealt with the simple fact.
Mr.. Sherman submitted the interroga-
tories, Whether the question of appli-
cability Of the tenure-of-office bill to
members appointed by Mr.. Lincoln ever
came before the Cabinet for discussion,
and, if SO, what the opinions were.
Several Of the Managers objected, as
the same question had already been
ruled inadmissable, and the yeas and
nays being taken resulted in 20 to &c, so
the question was not allowed to be an
swered.
Mr.. Evarts rose and stated that the
continued illness of Mr.. Stanbery pre-
vented the counsel from saying positive
ly, but as far as they knew, their evi
dence was all in.
The Court then, at $40 o'clock, adj
jOurned.
lEnUTSE