The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-18

have allowed to go In without objection there are
other cases not reported where the power was reg
whether it il so In the Interior Department.
or not But most OF those examined by us are simply
OF the President for the time being, and some o4
them are inferior Officers originally made by the wa1
Department; but II the counsel for the Preslden9
think they have any bearing we have no objection. |
Mr.. CURTIS said he had not had an opportunity toI
examine them infinitely, but he understood a argel
number OF them held ONCE under fixed tenure IL
might be matter OF argument hereafter.
Mr.. BurLER-what Class Of officers do you speak,
Mr.; cuRrrs-Receivers OF public moneys Is one Of
the classes |
Senator JoHNsoN-what is the first date Of re-
Mr.. CURrIs-I think they extend through the
whole period OF existence OF that department. do
NOT mean the date when the department was estab-
ished out think they run through the whole Of It..
v,oi ExAMISArIoN OF FREDERICK ". SEWARD.
dent and examined by Mr.. CURTIS.
Mr.. Seward, Will you please to state the office YOU
mold under the government A. Assistant Secretary
g. How long have you held that oGces A. Since,
o. In whose charge in that department ia the sub
ject OF consular and viceconsuar appolntmentse
A. Under my charge
Q. Please to state the practice OF making appoint
ments OF vceconsus in the case OF death, resigna-
ton, incapacity or absence of consulsG A. Usually
Mr. BUrLER-Is not that regulated by law
Mr.. CURTIs-That is a matter OF argument. We
think 1t is.
Mr. CURTIs-I want to show the practice under the
law, just have done in the other cases. have
the document here but 1t requires some expana1
ton to make 1t Ineligible. (r0 the wtness)-WheR
a vacancy has not been foreseen the consul nomi-
mates vice consul, who enters upon the discharge
of his duties at once the time ut which the nOmiI
notion Is sent to the Department OF State. The de-
partment approve or dsapprOve OF the nomination
in the vacancy has not been foreseen, and iG
the consul Is dead or SICK or unable TO
discharge the duties then the minister OF the cOun-
try may make nomination to the Department Of
State, or, II no minister, the naval commander not
the Department of State, and the vice consul
designated acts until the department approve dis
approve. In other cases the department has often
designated vice consul without any previous nOmi-
nation from either consul, minister or naval COM
mander, and he enters upon the discharge of his
duties In the same manner how Is he authorized or
commissioned? A. He receives the certificate OF his
appointment signed by the Secretary OF State.
q. Running for a definite time, or howY A. Rum
ming subject to the restrictions provided by law.
O. Is this appointment of vice consul made Tempo
rarily to I'LL vacancy, or how otherwise9 A. II is
made to I'LL the Office during the period which eapsea
between the time it takes for the information tn
reach the department aud successor to be ap-
pointed.
Q. That is for succeeding consul to be appointede
A. Yes, sir.
@. Sometimes weeks or months may eapse before
a newly appointed successor can reach the place. Ii
is then an al interim appointments I'LL the Vacancy
MIR. BUTLER-Ts there anything said in their CON-
missions about their being AT interim or In the letter
OF appointments A. The letter OF appointment says,
s.subject to the conditions made by law"
q. Is that the only Limitation there SY A. YES SIR
q. Are not the appointments made under the hf-
teenth section of the act of August H. 1s56-Au,
gust IS, isn't iti A. l think you are right, sir
August Is, 1856 think the act OF 1856 does not
create the ONCE or give the power of appointment,
but it recognizes the Office being already in exist
ence and the power as already in the President.
Mr.. Butler then read from Ii Statutes at Large,
sections Ia and 15 lie then continued Now, sir,
have they ever in the State Department undertaken
to make vice consul against the provisions OF this
actS A. am not aware that they ever have.
Q. Nor ever attempted to do its A. No, sir, not
Mr.. CCRTIs-I now offer from the Department Of
State this document, which contains list OF the con-
sular officers appointed during the session OF the
Senate when vacancies existed at the time such APP
pointments made The earliest Instance was I'm
1887 and they come down " about 1862 IL remem-
Mr. BoUrwELL-I wish to call the attention Of the
counsel for the respondent TO the TACT ta IL docs not
appear from these papers that these vacancies nap
pened during the recess OF the Senate. IL merely
states that they were filed during the session Of the
| Mr. CURTIs-It does not appear when the vacan-
cies happened. The purpose Is to show that these
temporary appointments were made To NIL vacancies
| during the session Of the Senate
| Mr.. BoUTwELL-I give notice that we propose to
consider these AZ cases happening during the recess
| of the Senate.
Mr.. EvARrs-And filled during the session.
| Mr.. BOUTwELL-We do not know anything about
Mr.. EvARrs-The certificate is to that enect-nled
| during the session u the Senate.
MFR. BOUTwELI.-We do not object to the paper. I
only gave notice how we propose to consider It.
EXAMINATION OF SECRETARY wELLEs.
examined by Mr. EvARTs =
Mr.. wclles, you are now Secretary Of the Navy
Q. AT what time and from whom did You receive
that appointment A. ] was appointed in March,
1861 by President Lincoln. i
U. And have you held that Office continually until
nowf A. From that date.
q. Do you remember, the 2lst OF February last,
your attention being drawn to some movements Of
tIoops or military onlcersS A. On the evening Of the
sas we're ny as , was called to some
2. How was that brought To youI .sA.ntionp A.
My son brought them to my attention lie iad
attending party and an order came to the party
requiring all Officers under the command OF General
Emory to repair forthwith to headquarters.
Q. Did you In consequence or that seek or have
an Interview with the President OF the United Staess
A. requested my son to 60 over that evening or
| the following day.
Mr. BuTLER-Stop moment.
Mr. EvARrs-Yon attempted to send message ct
myself about noon TO see the President on ibis SUBJ
ject; told him what had heard and asked him
Mr.. BUTLER-we object to that conversation, and
before go to the objection would like TO ask the
witness 10 TX the time little more carefully.
Witness-AbOut twelve O'Clock on the I'D Of Feb
ruary.
O. How close to twelve o'clock-before or afters
Will state little circumstance two the Attor-
ney General was there when | went in and while
Secretary Of war; and was delivered to the private
secretary to be carried TO the Senate.
Mr. BUrLER-Stop moment.
Mr.. EvARTS-lt Is not time for cr0ssexamnatiOn
now.
Mr. BuTLER-Tt is in order TO ascertain whether 10
IL admissible.
Mr.. EvARTs-Tt is quite immaterial.
Mr.. BUTLER ito witnessI-Y0u think 1t was very
twelve O'clock Could 1t have been as early as
halfpast elevent 4. No, SIR don't think II was
=. O. Between that time and half-past twelve some
timer A. Yes, SIR.
Mr. EvARrs-What passed between you and the
President after You had made that statement to him
with reference to that communication
MI BUTLER asked 10 have the question put in
writing, which was DONE
Mr. EvARTs-I will state that this evidence is
onered In reference to the article that relates TO th
Emory.
:. Mr. BuTLER-That is precisely as we understand,
u; bus we also understand the fact to be that Generat
Emory was sent for before Mr.. Weles appeared on
the scene. am instructed by my associates to say
that we are endeavoring to get the matter settled