Year: 1868




In this chamber have no doubt Foster Blodgett win
come here and take his place by the side Of the mo-
blest Of you Under these circumstances felt It my
duty to put this testimony before you, and the 0p-
ection s merely as to its relevancy put 1t as mat
ter Of justice to the witness whom the summons OF
opposed with the entire executive power OF the
United States, and who has been c0nfessedy without
law and against right, removed from this ONCE, and
being so removed can get no hearing before
dent controls the District Attorney, and he
s apsss sSsa 20 ss so Sss he
prose to 60 into any discussion about trying the case
Of Foster Bi0aget @ III only propose to put in all the
about this case TO bear on my side Of the case The
counsel for the President put in such part Of the
pose put in such papers as bear on my side Of the
case; out OF the same bundle they shall not pick out
such as please them without my being permitted to
pick out rom the same bundle such as pleases US.
bundle. We put in merely the action Of the
ter Blodgett as you have. You brought him here
and II his case Is to be tried by this court we are


Mr.. BUTLER asked leave to withdraw the offer Of
evidence, and TO substitute for 1t the following
'rhe defendants counsel having produced from files
OF the Post once Department part OF the record,
showing the alleged reason for the suspension OF
Foster Blodgett as postmaster OF Augusta, Ca.
we now propose to give In evidence the residue OF
said record, Including the papers on file in the said
case, for the purpose Of showing the whole OF the
case. as the same was presented TO the Postmaster
General before and at the time OF the suspension OF


Mr.. EvAnrs renewed his objection to the offer on
account Of irrelevancy.


The CHIEF JUSTICE put the question to the Senate
whether the evidence should be received, and de-
clared without division that the testimony was


Mr.. BUTLER-Mr. Randall, have been informed
that you desire to make some statement. II It does
not include anything that the President said or that
anybody else said have no objection.


Witness-I wish to explain the circumstances
under which made this suspension. copy Of this
was brought TO me by he District nT AIsof
He came to me and made statement OF the crcum-
stances under which 1t was found. Under the ONCE
Tenure law, as understood It. the President could
have power to suspend any officer during the session
OF the Senate. The only thing he could do would he
to send R the Of IN n his place and 70
violation Of the law by Mr. Blodget might be merely


technical one; and II it was merely technical vio
the rebel service and got out OF 1t soon as he could
and this violation Of the law was merely technical
one did not want nim turned out ana M ior .in that
and putting temporary agent In until should as
certain more fully what action to take.


dent for his actionf A. told the President what
had done afterwards.


O. Why didn't you report IL before you undertook
the responsibility A. Because the only thing he
could do II he did take action was to send in another
name and turn this man out.


@. And you thought you would break the law as
YOU could do nothing better? A. did not consider
that case at all. thought II he was an honest man
would take this course and try to ascertain. |
know il is technical violation OF the law, but did
II for the purpose Of having an act Of justice done
him II he was an honest man.


Q. Was the Senate In session on the Sd day OF
JanuaryY A. can't tell yon whether 1t was not.


@. Hadn't It been adjourned OverP A. 1t might
have been; don't remember.


o. Then the reason that the Senate was In session
didn't apply A. / considered that the Senate was
in session. don't recollect whether 1t was in ses-


O. You deemed IT to be in session. A. Yes sir; one
explanation had forgotten; the reason why some-
thing further has not been done In the case was,
was trying 10 get some further information on the
subject, and then this trouble began ana 30 the case
has laid ever since.


Senator CONNEss submitted the following question
to the witness In wrltng:--"Have You ever taken
any step since your act suspendngfoster Blodgett IN
further Investigation OF his casef A. Yes sir, IN try
ing to secure further nformaton; there Is consdera
BILE further information beyond that which has been
offered and put In.


The witness then left the stand.


Mr. BuTLER-I now offer, Mr.. President, an of1cial
copy the order creating the Military Division OF


Mr. EvARTs-What does that rebuff We are not
aware Of any evidence that that rebuts.


Mr.. BUTLER-Do you objectP


Mr.. EvARTs-We do. 1t ia not relevant. do not
recall any evidence that we have given concerning
the department..


President at the same time that he restored Mr.
Thomas. On the same day that he restored General
Thomas he took this action and that date & was NOT



IL is to show what was done militarily on the same
day.


with General Thomas testimony. The only connec-
tlon the honorable Manager suggests IN that he
learned from General Thomas when he was restored
II he did learn that 1t does not connect itself at all
with any evidence that we have produced. II II is
put In on the ground that 1t was overlooked that's
another matter II 1t IL put In In rebutta II has not
relevancy that we can see.


Mr. BUTLER-when speak Of learning thing in
the trial Of cause mean learning 1t In the course
ofi iuHt II
from the newspapers; they are not always
the best source Of knowledge. I say that
President gave the order that he should be restored
Now, then, that was hxed-a thing that was not
known either in the court or in the country because
that was an order given the 13h 10 General Grant
which was not published. want to show that on
the day before this new military division was made
here and General Sherman ordered here in command
what were the acts Of the President at about the
same time. As the presiding oficer has very well
told heretofore, the competency OF the acts OF a
res 0estg, and the Senate hastso allowed testimony to
come n is part OF the thing done by the President
Ve Very 9as Isy before Thomss was restored don't
to say word on the question OF rebuttinR. don't
understand that that question belongs here.


The CHIEF JUSTICE said he would put the question
to the Senate.


Senator ANTHONY called for the yeas and nays.


Senator BUCKALEw asked for The reading OF the
question put 10 General Sherman on this subject few


Mr.. BurLRR-Being q matter that we can refer to
IN the argument, VIC WltuuTdW lie nave noW, MI.
President and Senator'S list prepared a. carefully
as we were able In the time given MS, rom the law,
Of the various oincere In the United States who
would he anected by the Presidents claim he.e OF
right 10 remove Of pleasure that IL TO say, he can
remove at pleasure and appoint 1d f,1te,jU. This
is q list OF officers, taken from the law, with
their salaries, being correatve list to that put
in by the counsel, showing the number Of officers
and the amount OF salaries which would be affected
by the power Of the President In order TO bring IL
before the Senate / will read the recapitulati0n
ony:In the Navy, War, state Interior, Post once,
Attorney Generals, Treasury agricultural and Edu-
cational Departments, Al, ,5bs oicers the amount OF
their emoluments, $3l, los, 736 81 year. suppose
that the course will be taken with this with
the like schedule printed as part OF this case.


The CHIEF JUSTICE TO the counsel)-Any objec-
tionS


Mr. EvAITs (after examinatlon)-we have no OBJ
lection.


Mr. BurLER-I have the honor to ofrer now. from
the nies OF the Senate the message OF Andrew John
son nominating Lieutenant General w. i. Sherman
10 be general by brevet In the army os the United
states on the 18th OF February, 1858.


Mr.. EvARTs-Under what article is thatH