The New York herald., 1868-04-19

| oath to qualify himself for the Ofice, and against
A. did so suspend him, and II there had been con
| Vicuon l should have had qlm removed.
e DID you suspend hIm under the civil Tenure o
Q: You took no notice oft A. Yes, sir; tool
| notice of 1t.
Q. You took no notice Of it to act under ita A. ]
could not act under it.
| @. How many hundreds OF men have you appointed
who could not take the test oaths A. do not know
! Q. DO you not know that there are men appointed
| to Of1ce who have not taken the test oath
| Witness-As pOstmasters9
Witness-No, sir; do not know Of one; never one
O. Did you learn who the prosecutors were under
O. Did you inquirer A. did not.
Q. whether they were rebels or Union men? A.
Q. Did you ask whether 1t was prosecution by
rebels? A. 1t was none OF my business. simply
inquired into the fact OF his having been indicted for
perjury.
a copy OF the Indictment duly certinedP A. will.
q. And OF any other complaint you can find in
your department against Foster Blodgettf A. Yes,
Mr.. CURrIs-we should prefer that the witness fur
nisn to the court. suppose that will answer your
Mr.. BUTLER-I do not know that it Will.
MI. CURTIs-It was mere inadvertance that the
Indictment was not produced. ! wish it now pro-
Of the Senate copy Of the indictments
Mr.. BUrLER-I desire to have it furnished to me.
object TO anything else being put on nle without my
Mr.. EvARTs-The only object in having it here as
Mr. BUrLER-1 cannot tell that it will be- We shall
want the Postmaster General with 1t.
Mr.. EvARTs-You can call him If you want him.
WitneSS-There Is another case -
Mr. BUTLER, interrupting-Never mind about it.
Me-. EvARTs, to the witness-I understand from
you that your Judgment as Postmaster General was
that this suspension should be made? A. Yes, SIR
q. 1t occurred not during recess of the Senate
A. No, sir; 1t was during session Of the Senate.
O. So that 1t is within the Civil Office act? A. So
! understand it.
Mr.. EvARTs-It was not in q recess, and the Civil
Tenure act does not apply to the case The perjury
for which he was indicted, as you were Informed
was in taking the oath for the office which he hodss
A. Yes, sir
Mr.. BUTLER-I object until we have the indict-
ment
Mr.. EvARTs-You have asked the question whether
1t was not for taking false oath that Bodgett was
indicted. ask the witness whether 1t was not for
taking the oath qualifying himself for the office from
which he was suspended?
WitnesS-l so understood.
Senator SHERMAN-I desire to submit this question
to the witness any member of the Cabinet:-
state If after the Goth of March, 1857 the date of
the passage of the Tenure OF ONCE act
the question whether the secretaries appointed
by President Lincoln were included in the provi-
sons OF that act came before the Cabinet for discus
sion, and if so what opinion was given on the ques
ton by members of the Cabinet to the President
Mr.. BINGHAM-I desire to object to that on the
ground of incompetency, and because the question
comes directly within the ruling Of the Senate two
or three times made this day.
r..
Mr.. BINGHAM-The very same question.
Senator SHERMAN (wthout noticing the Interrupt
tons-I should like to have the question put to the
Senate.
Senator HOWARD raised the question OF order.
That question had been once decided.
The CHIEF m ID JUSTICE 5 said ala he thought it proper
should be answered was for the Senate to judge.
Mr.. BUTLER desired to have read the offer Of evi.
dence which had been already excluded and which
he held covered exactly the same ground.
Senator SHERMAN-if the Senate will allow me,
Will state in q word what the difference Is.
Senator CONNESS objected.
The offer Of proof referred to was as follows:-We
offer to prove that at the meetings OF the Cabinet at
which Mr. Stanton was present that while the Tenure
OF ONCE bill was before the President for approval
the advice OF the Cabinet In reference to the same was
nereupon the aaeson Whether Mr. e and aH 6s
other secretaries who had received their appointments
IRON Mr. Lincoln were within the restrictions on the
Presidents power OF removal from Office created by
said act was considered, and the opinion was eX-
pressed that those Secretaries appointed by Mr.. Lin
coin were not within such restrictions"
The vote was taken and resulted yeas 20, nays &C.
as fOOws-
YEAsssnators Anthony BayaId Buckalew, Davis, Dixon,
ynS WsSe of Isan
S%Ys"senaors Cameron, corbe. Chandler Cole conk.
ling, Conness caMite Gragn Edmands, Ferry fTeing-
Stewart Thayer, Tipon Williams Wilson Yates-a6
so the question was excluded.
Mr.. EvARTS then rose and sad-Mr. Chief Justice
and Senator's the counsel for the President are now
able TO state tlat the evidence his part is closed,
rs they understand their duty In the case.
The conduct of the proofs, however, has been
mainly entrusted TO Mr.. Stanbery, both on the part
OF the counsel and for personal reasons in re-.
ference TO his previous knowledge of the contro-
versy and of the matters to be put in evidence from
his onical familiarity with the question. Mr.. STAN
berys health. we are sorry To say is still such as to
have precuded anything like serious conference
with him since he was taken Ill. We submit there
fore, TO the Senate that in such consideration it Is
possible some other proof may be needed to be
offered, but we do not at present expect that 1t will
be
Senator JOHNSON asked the Managers whether they
had any proof to offer.
Mr.. BUTLER was understood to say they had none
to offer until the defence was through.
Mr.. EvARTS-We suppose ourselves to be through.
have only 10 state that IN the absence OF Mr.. Stan.
berry some further evidence may need To be offered
which we do not ut all expect.
The court, therefore, ut twenty minutes to four
O'clock adjourned until Monday at eleven O'Clock
A. NJ, and the senate Immediately afterwards ad-
rpp mn no mo