The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-16

ly the whole basis of this argument OF
the learned Manager, but of every other
arprment of the evidence which /
have had the hsnor of hearing from him,
I should like to know what application
and relevancy the resolution had which
was passed by the Senate on the 2lst OF
February, after the act of the President
had been completed, and after the act
had been communicated to the Senate.
There can be no single principle of law
or evidence in which that view can be
proved on behalf of tho Managers, and
on which the reply of the President can
| he excluded. What will be thought OF
a criminal prosecution, of the prosecu-
| tor giving in evidence what magis-
trate or a sheriff had said to the ac-
cused concerning the deed, and then
shut the mouth of the accused to what
he had said then and there i'll reply.
The only possible argument by which
what was said to him could be given IN
evidence is that his reply to it might be
construed as an admission. Ii the
sheriff were to say to a prisoner, you
stole that watch" and if that could be
given in evidence and the prisoners re-
Div, sit was my watch and took 1T be-
cause it was mine" could not be given
that would be precisely the same prop
osition, which is being applied here by
the learned Manager to this action had
between the President and the Senate
Mr.. Butler-If the thief did not make
a reply until four days afterwards and
then sent in written statement as 10
whose watch was stolen, also what bis
ueighbors said, that would be more
appropriate Illustration. l take the IL
! lustration as a good one, as an excel,
lent one. The sheriff says: where dld
you get that watchp Four days after
wards the prisoner sends to the sheriff
after he had been in Jail, after an in
dictment had been found against him
n written answer, and claims i'll the de-
I fence that that answer may be read
| Not only that, but goes on to pat
in what everybody else said OF
what four or FIVE other men
said, and claims that that may be Civ
en- in evidence. II it is desirable t.
know what the Cabinet said, let the
members of the Cabinet be brought here
and let us cruss-examine them and find
out what they meant when they gave
this advice, and how they came to give
it, and under what pressure; but at the
present we do not want the President to
put in the advice Of the Cabinet.
Mr.. Evarts-Mr. Chief Justice and
Senator's Every case is TO be regarded
according to its circumstances, and you,
(te the Judge) whether a conmunica'
ton from the Senate to the President
on the 22d of February could well have
beer answered sooner than the 24th OF
February.
Mr.. Butler-It was communicated on
the DIST.
Mr.. Evarts-I understood you to say
YOU could not state whether it was the
2lst or 22d.
Mr.. Butler-It was 10 o'clock, on the
night of the 2lst.
Mr.. Evarts-Very we'll. 1t was
communicated at 10 o'clock on the
night of the Dist sf February. The
Senate was not in session on the ODD
more than an hour, it being holiday
Then Sunday intervening, ask wheth'
1 er an answer to that communication
sent on the oath is not an answer ac-
cording to the ordinary course ofprompt
and candid dealing between the Presi'
dent and the Senate. Concerning the
matter in difficulty, as far as the simile
about the President being in prison
goes, will remove that by saying that
he was not impeached until 5 o'clock
on Monday, the 24th. But we need not
pursue these trivial illustrations. The
matter is in the hands of the Court,
and must be disposed of by the Court.
Mr.. Bingham replied to Mr.. Evarts
at length, when the Chief Justice said
Senator's, there is 10 branch of the
law where there is more difficulty to
lay down the precise rules than that
which regards the intent with which
an act is done. In the present case ii
I appears that the Senate on the 2lst OF
February passed resolution which
will take liberty of reading:
"WHEREAs, The Senate have receiv.
ed and considered the communication
of the President stating that he had re.
moved +. NJ. Stanton, Secretary Of War,
and had designated the Adjutant
General of the army to act as Secretary
of War al interim, therefore,
"ReSOired, by the Senate Of the ENiteG
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 Off
GERS to perform the duties of that office
al interim"
That resolution was adopted on the
21st of February, and was served on the
evening of the same day. The message
now proposed to be offered in evidence
1 was sent to the Senate on the oath OF
February. Ii does not appear TO the
Chief Justice that the resolution
called for an answer, and therefore
the Chief Justice must regard the mes.
sage of the oath of February as a win.
dcatiun of the Presidents act, address.
ed to the Senate. 1t does not appear ia
the Chief Justice that it GENES within
any rule of evidence which wOuld jus.
tify its being received i'll the evidence
The Chief Justice, however, will take
the views of the Senate in regard to it,
No vote being called for the Chief
Justice then ruled the evidence mad.
misSable.
Mr.. Curtis then offered TO put in evil
dcnce tabular statement, compiled at
the office of the Attorney General, con-
tanning list of the Executive officers
of the United States, with their statu-
tory terms, or the act of Congress Gre
ating the Office, the name or title of the
office, showing whether its tenure was
for definite period, at the pleasure OF
the President or for a term indefinitely.
After some interlocutory remarks by
Mr.. Butler, the paper was, on motion
of Mr.. Trumbull, ordered to be printed
az part of the proceedings.
Mr.. Butler then offered the papers in
the case of the removal of Mr.. Picker
ing by President Adams, remarkiug
that they were substantially the same
as had been put in evidence by Mr..
Butler, except that it was more formal
4 witness, Mr.. Dewitt, clerk, here
desired to make a correction i'll his ties.
timony to tue effect that the message of
the President was not delivered to him
on the 22d of February but on the oath
of February; that it was brought up
by Mr.. Moore, the Presidents private
Secretary, on the Odd, but the Senate
not being in session, Moore returned
with it to the Executive Mansion.
William G.. Moore, the Presidents
private secretary, was then examined
and testified to bringing the nomination