New-York tribune., 1868-04-16
NEW-YORK, THURSDAY, APRIL 16, 1865.

the suspension should become absolute should be re-
ected Bt mere Is man M t6e Ie s% that the secre
tary OF War In whose suspension the senate hau relcu
ceedne With his eonsnracy with Thomas to
confer the functions Of that office on another
of the law regulating the tenure OF ONCE regar1ess
the Constitution regardless OF his OATH and regardless OF
the rights OF the American people; ana ne Willis u di @
raton--whicb is Of higher authority than ms ora
declarations made three days after the fac-and lie asks
the Senate to consider that as evidence.
Mr. ChiefJustce Senator's There is no branch OF the
law where there Il more difficulty 70 lay y SG~ Wc rgSo sS
act IS done In the present case apIGt pIInon v which
1 will take the liberty OF reading: ,,,,,..
Wha. received and considered the communication
81 War and had ssstsd the AdHtnu Army act "
s'SIss W. % I'D H.s % ~. eTfiH, s h. under the con.u
and laws Of TIE United States the President has no po" 70 %
iGs suas. sseft'a Of tSsi oSce Si aa riSri1
That resolution was adopted the 2lst OF February
and was served on the evening the day The Mes
sage proposed be offered IN evidence was sent 70
the ChieJustice the resolution Of the Senate called
for and therefore the nst re-
OF the Presidents act addressed to the senate III uoeS
not agPssr pea 70 he HdeScS winch Wond usy its being
IN @ eydsnse @ e 2 ON @ Of 6e ta Senate @ to it,
No vote being called for the ChefJustce ruled the evil
dence inadmissible.
steemSnt comped at the office Of the Attorney General
containing list Of executive officers OF the United staes
with their statutory act OF Congress creating he
Office the title Of the Office, showing whether the
Tenure was for dehhe term at the pleasure re OF tne
1t was not strictly evidence but II had Deeh eohpea a.
u matter OF convenience ana ne desired 10 nave % ~
printed that 1t might be used In argument OF eouhsei
on both sides
Butler, the paper was, on motion OF Mr IrumDuI OF
| dered 10 be printed as part Of the proceeding
Of the removal Of MI Pickering by President Adams
marking that substantially fhe same as had Oeeh
put In evidence by MI Buter' except thatt was moro
The witness Nir Dewitt c. Carke) here desired to
| Of funau IN
message OF the President not delivered to him on the
22d OF February but on The h OF tebrTary Inat ~ was
tary the I'D Of February but that the senate ate nos ne
| tive Manson. ard returned 1t on the 24th
| Mr.. CURTIs-Do understand your statement now 10
the 9sd OF Tebrnaryi A. He brought up 22d he
did deliver IL the Senate was not III session
! q. He took II away and brought II Dack on the Hth'
Mr. BUTIER-How did you know that he brought It
here the nd A. Only by information from Col
@ Then you have been telling what Col Moore told
Mr.. BuTLER-Then do not want anything more OF
"-''' MR. WILLIAM c. uooRr's TESTIMONY.
Mrwilam G. Moore, the Presidents private secretary
| Mr. CURTIs-What is the document that you hold in
your handi A. The nomination of Thomas Ewing sr OF
/ 6ho as Secretary for the Department OF War -, ,,o
Q. Did you receive that from the President OF the
o. on what datci A. on the 22d Of February 1868.
q About what hour Of the day A. think 1t was after
@. And before what houri A. Before one o'clock.
| g Then il was between u and oclocki A. Il was
q. what DID You do with itt ~ BY direction OF the
Predent, brought 1t TO the Capitol TO present TO the
q. About what time did you arrive heret A. cannot
state definitely, but presume IL was ABOUT quarter
p VA Tho Senate then in session or had adjourned
! A. II hal after a very brief session. adjourned
O. Whit did you do with the document IN consequence
A rem ned with II 20 the Executive Masoh m c,r,,ol
that the enate had adjounedi A. was not t.,,o,.o,
o. Wh,t did you DO with the document n CONSEQUENCE
] A ffs.ned with 4 tD
having VI tied the House Of Isepresentaiiyes o,,
! o. Was anything done with tie document ny you,
and 4 Sc when aud what aid you doI A. was directed
by tie resident Monday the 24th February leos' 10
! O. VII, did you do in consequence. A. obeycd the
now or W. IA sealed onycopei A. TWAS ~ sealed
q. Did you put IT in ycurselti 4, I did not
| o. Did yon see II pat IN A. did not.
to the clerk, who sealed it and handed i to me
Q. Did you unsea il. or examine H. tl you delivered II
| on The 2Nhi A. Not to my recollection -,
O. Did you show It 10 anybody here lon the 22di ~
spoken q, morning G s, WITH 59 NJ i5 c",E Ssq on
~ ADDifIoSIL DOCUMENTARY EVIDENCE.
Mr. CURTIS nut in evidence, without objection, cert-
fed copies Of tue appointment by PRESIDENT lyei on
rsI 10 discharge the duties OF Secretary OF state, al
inIern until successor to Mr. Up,hur should be ap
te March G. isa Of John C. Calhoun that office
also tlIe appointment by President Fillmore, on july 80
1850 OF Winfield Scott ms secretary OF War, ad iern' IN
noce of george W. Crawford aud Of the confirmation ny
iho senate August 10. 1850 OF Charles NJ Conrad rs
Mr. ciRTIs also offered in evidence tho appointment
by SIR. Buchanan in January, 1901 oi Moses heIey as
Mr. BiiTIE inquired whether counsel had any record
OF what had become OF the secretary Oh nc ieruF as
that me; whether he had resigned or had run away OF
Mr. CliITIs was not informed, and could not speak
! either from the record or from recollection .,,...
Mr. CURTIS also offered IN evidence the appointment
by President Lincoln Gi Gen 5can sn n to ibc remSyo
from oco OF the Collector and Appraiser OF Mercha
Mr. siTiFR objected to pnttng in evidence the letter
Of removal by McCliEtock Young Acting secretary OF
M Mr. cTRfIs inquired whether the Manager wanted
evidence that McClntock Young was Acths secretary
u Mr. ir' Butler replied that he did not
CURTIS remarked mat nat tne a0Suen m aop from
the OF that Department They We're onyieu ~
evidence 70 & hGw e by c q, S o Ee Pesdc M
Mr. BUTER-The difficulty not renewed; 1t Is Saa6 an
attempt sy M tsa1T S e hSupE Teas to TO
officers by recng that he is directed by the President
70 Se 20 sSeson Ho Of the right Of Mr. Young 20 this
aud whether Appraiser Is one OF the Inferior ocer
whom the President may without the advice and
consent OF the Senate 1t is not an act OF the President
able as the only be found TO warrant any such re-
moya II 1t is evidence at ALL it only proves tho rule ny
Mr. CTRTis-I understand the Manager to admit that
Mr.. Young was Acting Secretary OF the Treasury
| Mr. BUTLER-Yes, Sir.
Mr. cURTsI take this act OF his therefore as having
been done by the Secretary OF the Treasury and he says
he proceeded by order OF the President take to be
wel settled judlcally and practically that whenever
the head OF Department says he acts by order OF the
President he Is presumed 10 tell the truth and requires
10 evidence To show that he acts by order OK the fres
dent No such evidence was ever given. NO record Is
ever made the directions which the President gives To
any Of the heads OF Departments to proceed IN
ransacon Of this kind but when the head OF Depart
ment says that he acts by order OF the president all
Courts and all bodies presume that he tells the truth
| mn. FL rulg
aryof Treasury the act OF the President but SAID
he would put the question to the Senate any senator
h.alr0d