The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-16

".lout'Hef a. - h1ci HtcF a very bilel sess'ou,
z. Mai did you 10 VITA the docu,aen: in consc.
G1cacc2 A. returned with it 10 the Executive
q. Were yon appriscd before Won reached the
CAPITOL that the Senate haG adjoarned2 a. was
o. What did you do with the document IN consc
Quencc2 A. | returned WIN II 10 the Executive
Mansion after having visited the House OF kepfeseh'
o. Was anything more done with The document BY
yon ana If so When and wnat did sou do y.
was directed by the Preslden; or Monday the .tth
February. 1903, 20 deliver II 10 the senate. -
@. What did you do in consequence a. ooeSe'
Crqssexamined by Mr.. BUTLER
q. Was that as 1t is now. or was II in sealed
cnVc.Cpe2 A. II was In sealed envelope.
q. Did you put it in Yourself A. did not
q. Did you see II put in? did not.
A. IL was the only message that was TO go that gay
gave 1t to the Clerk, who sealed II ana hahdea IL 10
Q. Did you unseal II or examine 1t nil you delivered
1t on The 2ithf A. Not TO my recollection.
Q; Did yon show it to anybody here on the ga
Q. Have you spoken this morning with Mr. Clark
on the sub,ect9 A. He asked me on what date had
devere. me message and told him II was the 24th.
Mr.. CURTIS then put IN evidence without objec-
ton, certified copies OF the appointment by Presl'
Nelson, Attorney General, TO discharge the duties OF
Secretary Of state al t,atert,a until successor to
QueIt confirmation by the Senate on March O. 1914,
OF John c. Calhoun to that office; also the appoint
field scott as secretary OF War adj Interim in place
Of george ". crawford, and Of the conhrnaono by
TIE Senate on August Is, 1860, OF Charles NJ Conrad
Mr.. CURTIS also offered in evidence the appoint
ment by Mr.. Buchanan in January, 1851 Of Moses
Kelley as Secretary OF the Interior.
Mr. BUTLER inquired whether counsel had any
record OF what had become Of the Secretary OF the
Interior at that tme-whether he had resigned or
had run away or whatP tLaughter)
Mr.. CURTIS said he was not informed and could
speak either from the record or from recollection
NJ rttp nile I'm IA
by President Lincoln OF Caleb Il. Smith as Secretary
OF the Interior. Mr.. Curtis also offered in evidence
document relating to the removal from office OF the
Collector and Appraiser of Merchandise in Philadel-
| phia-
of removal by McClntock Young, Acting secretary
Mr. CURTIs inquired whether the Manager wanted
evidence that McClintOck Young was ActlnS Secre-
Mr. BUTLER replied that he did not.
Mr.. CURTIS remarked that the documents were
certified by the Secretary OF the Treasury coming
from the records Of that department They were
offered in evidence to show the fact OF the removal
by Mr.. Young, who stated that II was by direction OF
the President.
Mr. BUTLER-The difficulty ia not removed. 1t is
| an attempt by Mr.. McClintOck Young admitted to
have been Acting Secretary Of the Treasury, to re-
move officers by recitng that he is directed by the
to 90 into the question OF the right Of Mr. Young to
do this act, and whether an appraiser is one OF the
Interior officers whom the Secretary OF the
| Treasury may remove whom the President
| may remove without the advice and consent OF
the Senate 1t Is not an act OF the President IN re-
moving the head OF department, and 1t Ii remark
able as the only be found to warrant any such
removal. II 1t is evidence at ALL 1t only proves the
MIR. CURrIs~I understand the Manager to admit
that Mr. Young was Acting Secretary OF the Treasury
Mr.. BUTTERFLIES, sir.
having been done by the Secretary OF the Treasury
and he says he proceeded by order OF the Presi.
dent take 1t to be well settled, judcialy, that
whenever the head Of a department says he
acts by order Of the President he is presumed
e the V orr Of 6e No
the directions which the President gives to any one
Of the heads Of departments 10 proceed in transac
ton of this kind, but when the head OF department
says that he acts by order OF the President all courts
| and all bodies presume that he tells the truth.
The CHEF JUSTICE ruled the act Of the Secretary
OF the Treasury the act of the President but said
he would put the question to the Senate II any sena-
No vote being called for the testimony was ad-
Mr. CURTIS now offer in evidence a document
from the Navy Department
While the document was being examined by Mr..
| Butler
Senator CoNKLING moved that the court take re-
| cess for fifteen minutes.
| Senator SUMNER moved rs an amendment that
business shall be resumed forthwith after the expira
| ton OF the fifteen minutes
The question was put on senator summers amend
| ment and 10 was rejected.
The court then. at fifteen minutes past two O'clock
took q recess for fifteen minutes
Upon the reassembling OF the court Mr.. BUTLER
objected TO the admission OF the document. Mr.
Butler proceeded to state the ground Of his obec
ton. lie said the certificate was not copy Of
record from the Navy Department. but simply that
ths departmeat" under the head Of .Memeranda"
il statement made up by the Chief Clerk OF the
Navy Department OF matters that he had been asked
or volunteered 10 furnish, leaving out many things
that would be necessary in order to show the bear
ings OF the case: lie read one OF the
Morton as Navy Agent at Pensacola-and
| said the paper did not show what the
then In session, nor whether the President sent
another appointment to the Senate at the same mo-
ment. 1t was merely statement verified as beiEs
made from the record by somebody not under oath,
and on 1t there were occasional memoranda in pencil,
| apparently made by other persons.
Mr.. CURTIs-Appy india rubber to that.
Mr.. BUTTERFLIES, sir; but 1t is not so much what
Is stated here what Is left out. Everything that II
Of value is left out. There are memoranda made up
from the records that d removed, but the cir
| cumstance under which he was removed who was
nominated in his place and when that person was
nominated does not appear. II only appears that
somebody was appointed at Pensacola
Senator JoHSsON-Are the dates given3
Mr.. BUTLER-The dates are given In this way
On the 18th OF December such person was re-
moved; then on the 9Th OF January Johnson was
that ne WAS apPoh soe ne mus, nave
stat, he was nominated. II he was, then OF what
value Ia thisS And then Johnson was lost on the
voyage, and on the 10th OF April another man was
appointed. But the whole OF the value Is gone
because they have not given US the record who has
any commission to make memoranda from the
record AZ evidence before the Senate and the
tcate says the word copy stricken out and written
In Is "a true statement from the record "a statement
such as Mr. Edgar Welles or somebody else chose
To make. never heard that anybody had right TO
come In and certify a memorandum from q record
and nut IL in evidence. That Is one paper. Then,
again. I'm the next paper, although 1t alleges they
true copies Of record from the ONCE, they letters
about the appointment and removal or officers
navy agents. Again, being so removed and appoint
cd only portion OF the correspondence Is given
when nominations were sent In do not mean to
saw that nv friends on the other side chose TO leave
them out, but who ever prepared this for them has
chosen leave out the material facts, whether the
senate was in session whether Others were sent IN.
Now the question Is whether you going TO take
certificate from the records want to call the at
tention OF the Senate still further 10 the fact
that all these appointments contained In these
papers and all they have offered, are, by
The act OF the 18th OF May, 1920 appointing
under the laws Of the United States, for four years;
all district attorneys collectors OF customs &C., pro-
ydng that they shall be removable at pleasure so
onactod nv tho laws which created them. and tha