The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-16
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ton as TO the merits Of tie c.3e, wAen hcy We I
Tutnv u ne cviien"9.
me eypl,nco vaa @1n:ol no % Lon be.ne,
m de- ara was cons,deC O rccC.
Mr. CUFFS then oie.ed documents fSo.G nc POST
To stia s' .ns me NE se% - sca.a q
The al tntel3n aopo'nlMeuif 10 Al sucI l.avss
No objection Dcii@ made they were ro2i
! Mr.. CuRTis-l nov 1ger IN evidence from The ior.
nal of the senate, Vol = -GOnd sssson Ihir6v.slv5h
Congress page l. the fa,sSare Of pres;dcn1 ucaanan
to the Senate IN reference 10 the once o. Secretary
Tor the department OF War, and to the manner IN
(which he HAD filled tina; oice III pa o. MI Floyd.
accompanying tina. message is s; OF the Da,nei
OF persons. as shown 10y the records OF the state
Department, who discharged the duties OF Cabinct
officers, whe'her by appointment made during the
recess OF Inc senate or as dd interim appointments.
This list Is presented as an appendix to te message
and wish the message to be read.
Mr. BUTLER--rhe difficulty find in the message is
thls:-lt Is the message of Mr. Buchanan, and cannot
DE put IN evidence in this any more than the
declarations Of any one else. We should like TO nave
MI. Buchanan brought here on oath and cross-eX-
amned as to this. There are good many questions
That ] should like to ask him. For instance, what
was his state OF mind at that time ana whether ne
had any clear perception OF his duties at the timeY
(Laughter) But Sill further objection TO II IS That
most of the message consists of the statements OF MT
Jeremiah 5. Black, who concluded that ne would not
have anything to do with this case any how. Laugh
ter) do not think that the statements ofthat gentle
man. however respectable are TO be taken here as evil
dence. They ought TO be referred to- perhaps, as
public documents but do not believe they can he
put in as evidence. How do we know how correctly
Mr.. Black or his clerks made up this list Are you
going to put in evidence his statements of what was
done ana put II upon us or upon yourselves 10 en-
anime and see whether they not all illusory and
calculated to misead9 l do not care to argue the
question any further.
Mr.. CUKrIs-l offer 1t to show the practice OF the
government
Mr.. BUrLER-I object, once for all, to the practice
OF the being shown by the acts Of James
Buchanan or Jeremiah Black.
The CHIEF JUSTICE put the question to the Senate,
and the testimony was admitted without division.
I The Clerk then read Mr.. Buchanan's message in
reference to filling the Office of Secretary OF War,
Gated by the resignation Of Mr.. Floyd
\ Mr.. CURTlS-I now desire to move for an order on
fhe proper officer of the Senate to furnish that
may put 1t into the case, statement OF the dates of
the beginning and end of each Of the Senate
Including its executive well its legislative
ons, from the origin Of the government down the
present time That will enable us, by comparing the
fdates with those facts which we have put into the
case to see what was done within and what was done
-withOut the sessions of the Senate.
The CHIEF JUSTICE was understood to say that
that order would be required to be made in legisa-
live session.
Mr.. CURTIS then sad-We have now concluded
our documentary evidence as at present advised. We
may possibly desire hereafter to offer some addi-
tonal evidence OF this character, but now I'M
derstand II we shall nave no more to offer.
The court then on motion OF senator JOHNSON at
four O'Clock, adjourned till noon tomorrow.