The New York herald., 1868-04-21
PROCEEDINGS OF THE COURT.

PROCEEDlNGS UF The CUOhI.
Nineteenth Day. te
=. .uts 1fr WASHINGTON, April TO- 1858.
The court was opened In due form at eleven O'Clock.
All the Managers we're present
In response to an inquiry from the CHIEF JUSTICE,
Mr. CURTIS stated that the counsel for the President
considered their evidence as closed.
Mr. BINGHAM said the Managers might desire to
place on the stand one or two witnesses who had
been subpGnaed early in the trial, but who had not
appeared hitherto.
The CHIEF JUSTICE was understood to say it
would be proper to first obtain an order from the
Senate.
Mr. BINGHAM-I wish it to be understood that
desire to consult my associates about 1t first So far
the order is concerned take it for granted that
the suggestion made at the time that the evidence
was closed the part of the Managers that it would
be competent for us, without further order, If those
witnesses should appear, to introduce them on the
stand is sufficient because the Senate will recollect
although have not myself referred to the journal,
that it stated by my associate Manager Mr. But
er the hearing of the Senate, that considered
closed reserving however, the right OF call
ing some other witnesses or Offering some document
airy testimony that might be obtained afterwards.
Senator JoHNsoN-I am not sure that heard cor
rectly the honorable Manager rise merely for the
purpose of inquiring whether the Managers desire to
have the privilege OF Offering any evidence after the
argument begins.
Mr.. BNGHAM-As at present advised, although on
that subject, as is doubtless known to the honorable
Senator though am prepared to say that 1t has
happened in this country-I am sure that 1t did In
the case Of Justice Chase-such orders have been
made, am not aware that the Managers have any
desire OF that Sort wish 1t TO be understood by the
Senate that there are one two witnesses who are
important on the part OF the Managers who were
notsbeen able yet to find then we have been advised
that they have been In the capital for the last forty
Senator Ytrrs sspeated the inquiry whether the
Managers intended to offer testimony after the argu-
ment was commenced.
purpose Of the sort. We do not know what may oc-
cur In the progress Of the trial.
evidence from the Journal Of Congress Of 1774 and
IT'S (the first Congress) the commission issued to
~ ,S as Of tine
other things to observe and follow such directions as
he should from time to time receive from
force until revoked by that or future Gen.
gress. Mr. Butler said that the point on
only form OF commission ever prescribed by law in
this country TO q military officer and that the COM
mission was to be held during the pleasure Of Con-
missions, during the pleasure OF the President. Mr.
Butler then offered In evidence a letter from the
government as to appointing officers during recess
OF the Senate. He said tt was one Of a series Of
@ mao m I'M not rev tIe r
Mr. EvARTs asked Mr.. Butler whether he con-
sdered that letter as referring to any point which
counsel for the President had made either In argu.
ment or In evidence or whether he regarded IL
simply the expression OF an opinion on the part Of
material piece OF evidence and he did not Consider il
worth while to discuss IL.
Mr.. BUrLER-I ask whether You object TO itP
Mr.. EvARrs-We do not.
Mr.. BUrLER-very WELL
Mr. BUTLER then put in evidence the letter which
SeS o e &
acknowledging the receipt OF letter recommending
somebody FOR surveyor Of some district in South
Carolina and stating that the once not having been
filled before the adjournment OF the Senate t must
necessarily remain vacant until the next session. but
respectfa consderation OF the President. M. But
Ter then stated that the Postmaster General had not
brought to him, until this moment, the papers which
he had called for last Saturday, and he asked some
moments to examine them.
PosTxAsTER GENERAL RANDALL RECALLED.
Affer O short interval OF time Postmaster General
Randall was again called TO the stand and cross
examined by Mr.. BUTLER as foows-
q: Have you copy OF the Indictment against Fos-
O. When was IL nader A. | cannot tell you;
suppose about the time the original copy was fled.
D. Have you produced II hercS A. No, sir.
ONCE
o. From where does II Gomez A. From the Treas
ury Department.
8. Why did you not produce the copy from your
ANYTHING: could not certify that II true copy
without having the original.
o. Have you the original9 A. understand It Is
o. whereg A. with some committee. The letter
OF Mr.. McCulloch explains that.
Mr.. BUTLER-The letter OF Mr.. McCulloch explains
about the Hopkins case, which do not want to go
into.
faa
there as I understand.
Mr.. BUTLER then proceeded TO read copy OF the
Indictment found against Foster Blodgett at the
November term, 1867, OF the United States District
Court for the southern District OF Georgia. 10 re-
Rlodgett uH was APPOINTED by the President OF the
United States to the ONCE OF Postmaster OF Augusta,
Ca; that after said appointment and before entering
entitled to any salary or emoluments thereof, he
was required by law to take and subscribe an
OATH which Is set forth in the Indictment TO the effect
that he had never borne arms against the United
states given aid or announcement TO the enemies
% e limited sae s S ana o es
In truth and In fact he had voluntarily borne arms
against the United states and had given aid and en-.
couraQement 10 Its enemies and had accepted and
held the once OF captain In an artillery company, and
that therefore, Foster Blodgett was guilty OF wlfu
s nf Rsnas
sumed
Mr.. BurIxn-on the notice which you have put in
being sent TO Mr.. Blodgett did he return an answer,
and is this paper the answer or copy Of iti A.
These are copies Of the papers on e can only swear
answer.
q. The notice OF his suspension was dated the ID
Of January a: Yes sir, think So
sir.
Mr.. BUrLER-r propose 10 ofer Il IN evidence.
Mr. EvARrs objected-He said that the counsel for
the President had put In evidence nothing but the
ofcial action OF the Post once Department In the
- Pc oSs q s snG Gss Y M
gett had himself given. Now the Manager brought
In the indictment and having got that In he claimed
the right 70 repel H. He (Mr. Evarts submitted to
the Senate that the proof w0e irrelevant.
Mr.. BUT1RR-Mr. Presldene, the case stands thus
Mr.. Foster Blodgett, who 70 Mayor 0f the ctty Of Az