cessor to J. C. Spencer should be appointed and qualified.

On the 28th of September, 1844, President Tyler appointed Richard K. Crallé acting Secretary of State during the absence of John C. Calhoun from the seat of Government.

. On the 2d of April, 1845, President Polk appointed John Y. Mason, Attorney General, to be Secretary of State ad interim during the temporary absence of James Buchanan, Secretary of that Department, from the seat of Government.

On the 4th of August, 1845, President Polk appointed John Y. Mason, Attorney General, to be acting Secretary of State during the temporary absence of Mr. Buchanan from the seat of Government.

On the 31st of March, 1846, President Polk appointed Nicholas P. Trist to be acting Secretary of State during the absence of Mr. Buchanan from the seat of Government.

On the 2d of September, 1846, President Polk appointed Nicholas P. Trist to be acting Secretary of State during the absence of Mr. Buchanan from the seat of Government.

On the 7th of October, 1846, President Polk appointed McClintock Young to perform the duties of Secretary of the Treasury during the absence from the city of Robert J. Walker, Secretary of the Treasury.

On the 4th of March, 1847, President Polk appointed Nicholas P. Trist acting Secretary of State during the absence of Mr. Buchanan from the seat of Government.

On the 31st of March, 1847, President Polk appointed Nicholas P. Trist acting Secretary of State during the absence of Mr. Buchanan from the seat of Government.

On the 4th of August, 1847, President Polk appointed William S. Derrick to be acting Secretary of State during the absence of Mr. Buchanan from the seat of Government.

On the 22d of June, 1847, President Polk appointed John Y. Mason, Secretary of the Navy, to be acting Secretary of State during the absence of Mr. Buchanan, "to take effect the 28th instant."

On the 21st of July, 1847, President Polk appointed McClintock Young to perform the duties of Secretary of the Treasury during the absence from the seat of Government of Rob. ert J. Walker, "he intending to be absent after the 22d instant."

On the 15th of October, 1847, President Polk appointed McClintock Young to perform the duties appertaining to the office of Secretary of the Treasury during the absence of Robert J. Walker.

On the 9th of December, 1847, President Polk appointed McClintock Young to perform the duties appertaining to the office of Secretary of the Treasury during the sickness of Robert J. Walker.

On the 10th of April, 1848, President Polk appointed John Appleton, chief clerk of the State Department, to be acting Secretary of State during the absence of the Secretary from the seat of Government.

On the 26th of May, 1848, President Polk appointed Archibald Campbell, chief clerk of the War Department, to be acting Secretary of War during the temporary absence of the Secretary from the seat of Government.

On the 17th of August, 1848, President Polk appointed McClintock Young to act as Secretary of the Treasury during the temporary absence of Secretary Walker from the seat of Government.

On the 2d of September, 1848, President Polk appointed Isaac Toucey Attorney General, to act as Secretary of State during the temporary absence of the Secretary.

On the 2d of September, 1848, President Polk appointed John Y. Mason, Secretary of the Navy, to act as Secretary of War during the temporary absence of the Secretary.

On the 20th of November, 1848, President Polk appointed Isaac Toucey acting Secretary of State during the temporary absence of Mr. Buchanan from the seat of Government.

On the 6th of March, 1849, President Taylor appointed McClintock Young to act as Secretary of the Treasury until a successor to Mr. Walker should be duly appointed.

On the 8th of March, 1849, President Taylor appointed Reverdy Johnson, Attorney General, to act as Secretary of War during the temporary absence of the Secretary from the seat of Government.

On the 1st of October, 1849, President Taylor appointed William S. Derrick, chief clerk of the Department of State, to act as Secretary of State in the absence of the Secretary.

retary of the Navy, to act as Secretary of War during the absence of that Secretary.

On the 13th of September, 1851, President Fillmore appointed William L. Hodge acting Secretary of the Treasury during the absence of the Secretary.

On the 22d of September, 1851, President Fillmore appointed Major General Winfield Scott acting Secretary of War during the tem porary absence of the Secretary.

On the 25th of September, 1851, President Fillmore appointed John J. Crittenden, Attor ney General, to perform the duties of Secre

ernment of Daniel Webster, Secretary of State.

On the 20th of June, 1850, President Taylor appointed John McGinnis, chief clerk of the Treasury Department, to act as Secretary of the Treasury during the absence of the Secretary from Washington.

On the 23d of July, 1850, President Fillmore appointed Major General Winfield Scott Secretary of War ad interim during the vacancy occasioned by the resignation of George W. Crawford.

On the 4th of October, 1850, President Fillmore appointed William S. Derrick, chief clerk of the State Department, to be acting Secretary of State during the temporary absence of Mr. Webster from the seat of Government.

On the 23d of December, 1850, President Fillmore appointed William S. Derrick, chief clerk of the State Department, to be acting Secretary of State, during the temporary absence of Mr. Webster from the seat of Government.

On the 1st of March, 1851, President Fillmore appointed William L. Hodge to be acting Secretary of the Treasury ad interim during the illness of the Secretary.

On the 31st of March, 1851, President Fillmore appointed William S. Derrick, chief clerk || of the Department of State, to be acting Secretary of State during the absence of Mr. Web

ster.

On the 10th of May, 1851, President Fillmore appointed William S. Derrick, chief clerk of the Department of State, to be acting Secretary of State during the absence of Mr. Web

ster.

On the 13th of May, 1851, President Fillmore appointed C. M. Conrad, Secretary of War, to be acting Secretary of the Navy ad interim during the absence of the Secretary.

On the 16th of June, 1851, President Fillmore appointed William L. Hodge, Assistant Secretary, to act as Secretary of the Treasury during the absence of the Secretary.

On the 20th of June, 1851, President Fillmore appointed William S. Derrick, chief clerk of the Department of State, to be acting Secretary of State during the temporary absence of Mr. Webster.

On the 11th of July, 1851, President Fillmore appointed Charles M. Conrad, Secretary of War, to act as Secretary of the Navy during the temporary absence of Mr. Graham from the seat of Government.

On the 14th of July, 1851, President Fillmore appointed William S. Derrick, chief clerk of the Department of State to be acting Secretary of State during the absence of Mr. Webster.

On the 26th of November, 1851, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury until the return of Secretary Corwin.

On the 20th of February, 1852, President Fillmore appointed William S. Derrick, chief clerk of the Department of State, acting Secretary of State in the absence of Mr. Webster.

On the 21st of February, 1852, President Fillmore appointed William L. Hodge to be acting Secretary of the Treasury in the absence of Secretary Corwin.

On the 1st of March, 1852, President Fillmore appointed William L. Hodge acting Secretary of the Treasury in the absence of Secretary Corwin.

On the 19th of March, 1852, President Fillmore appointed William Hunter acting Secretary of State in the absence of Mr. Webster.

On the 26th of April, 1852, President Fillmore appointed William L. Hodge acting Secretary of the Treasury during the indisposition of Secretary Corwin.

On the 2d of November, 1850, President Fillmore appointed Charles M. Conrad, Secretary of War, to act as Secretary of the Navy during the absence of that Secretary.

On the 1st of May, 1852, President Fillmore appointed William Hunter to act as Secretary of State in the absence of Mr. Webster.

On the 19th of May, 1852, President Fillmore appointed William A. Graham, Secretary of the Navy, to act as Secretary of War in the absence of Mr. Conrad.

On the 24th of May, 1852, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury in the absence of Secretary Corwin.

On the 10th of June, 1852, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury in the absence of Secretary Corwin.

On the 6th of July, 1852, President Fillmore appointed William Hunter, chief clerk of the Department of State, to act as Secretary of State in the absence of Mr. Webster.

On the 19th of August, 1852, President Fillmore appointed John P. Kennedy acting Secretary of War during the absence of Secretary Conrad.

On the 27th of August, 1852, President Fillmore appointed William L. Hodge acting Secretary of the Treasury in the absence of Secretary Corwin.

On the 2d of September, 1852, President Fillmore appointed Charles M. Conrad, Secretary of War, to be acting Secretary of State in the absence of Mr. Webster.

On the 4th of August, 1851, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury during the absence of the Secretary.

On the 3d of August, 1851, President Fillmore appointed W. A. Graham, Secretary of the Navy, to be acting Secretary of the Interior during the absence of Secretary A. H. H. Stuart from the city.

On the 13th of September, 1851, President Fillmore appointed William A. Graham, Sec

Corwin being unable by sickness to perform the duties of the office.

On the 28th of October, 1852, President Fillmore appointed William L. Hodge acting Secretary of the Treasury in the absence of Mr. Corwin.

On the 31st of December, 1852, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury during the sickness of Mr. Corwin.

On the 15th of January, 1853, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury during the sickness of Mr. Corwin.

On the 3d of March, 1853, President Fillmore appointed William L. Hodge to act as Secretary of the Treasury in the absence of Mr. Corwin.

Mr. CURTIS. I now offer documents from the Department of the Postmaster General. They are all in one envelope, (sending some papers in an envelope to the Managers.)

The CHIEF JUSTICE. The counsel will state the nature of the documents.

Mr. CURTIS. They are documents which show the removals of postmasters during the session of the Senate and ad interim appointments to fill the places. I believe they are all of that character, though I am not quite sure. Some of them I know are.

Mr. Manager BUTLER. They are exactly of the same kind that the Senate has just admitted. Mr. CURTIS. I should like to have those read. They are short.

The CHIEF JUSTICE. The Secretary will read the documents.

The Secretary read as follows:

|

sage of President Buchanan to the Senate in respect to the office of Secretary for the Department of War, and the manner in which he had filled that office in place of Mr. Floyd, and accompanying that message is a list of the names of those persons, as shown by the records of the Department of State, who had discharged the duties of officers of the Cabinet by appointment made in the recess, and those confirmed by the Senate, as well as those acting ad interim, or simply acting. This list is printed as an appendix to the message, and was sent into the Senate. I wish that message to be read.

Mr. Manager BUTLER. The difficulty that I find with this message, Senators, is, that it is the message of Mr. Buchanan, and cannot be put in evidence any more than the declaration of anybody else. We should like to have Mr. Buchanan brought here under oath, and to cross-examine him as to this. There are a great many questions I should like to ask him about his state of mind at this time; whether he had that clearness of perception just then of his duties which would make his messages evidence. But there is a still further objection, and that is, that most of the message is composed of the statements of Mr. "J. S. Black"-Jeremiah S. Black-who refused to have anything to do with this case anyhow. [Laughter.] And I do not think that the statements of those gentlemen, however respectable, are to be taken here as evidence. They In testimony whereof I have hereunto set my hand may be referred to as public documents, perand caused the seal of the Post Office Depart-haps, but I do not think they can be put in as

I hereby appoint St. John B. L. Skinner to be acting First Assistant Postmaster General ad interim in place of Horatio King, now acting Postmaster General under the law. JAMES BUCHANAN. WASHINGTON, February 8, 1861.

POST OFFICE DEPARTMENT. WASHINGTON, D. C., April 7, 1868.

I, Alexander W. Randall, Postmaster General of the United States of America, certify that the foregoing is a true copy of the original order on file in this Department, together with extracts from the records in said case.

[L. S.]

ment to be affixed at the General Post Office in the city of Washington the day andy ear above written. ALEX. W. RANDALL, Postmaster General.

NEW ORLEANS POST OFFICE, ORLEANS PARISH, LOUISIANA, June 29, 1860. Samuel F. Marks, Postmaster: Let this office be placed temporarily in the hands of a special agent of the Department, to be appointed by the Postmaster General, in place of Samuel F. Marks, removed. JAMES BUCHANAN. Hon. JOSEPH HOLT, Postmaster General.

June 29, 1860. Instructions sent to D. P. Blair, special agent, to take possession of the office and remove Deutzel, chief clerk.

D. P. Blair held the office from 9th July to September 4, 1860.

I hereby appoint St. John B. L. Skinner, now acting First Assistant Postmaster General, to be acting Postmaster General ad interim in place of Hon. Montgomery Blair, now temporarily absent. ABRAHAM LINCOLN.

WASHINGTON, September 22, 1862.

[Each of these documents is attested by Postmaster General Randall according to the form before given.]

Mr. CURTIS. I now offer in evidence, reading from the published Executive Documents of the Senate, volume four, second ses. sion, Thirty-Sixth Congress, page one, a mes

evidence. How do we know how correctly Mr. Black made up this list or his clerks? Are you going to put in his statements of what was done, and put it upon us or yourselves to examine to see whether they are not all illusory and calculated to mislead? I do not care to argue it any further.

Mr. JOHNSON. What is it offered for? Mr. CURTIS. I only wish the Senate to understand the purpose with which we offer this, and that will be, as I view it, argument enough. We offer it for the purpose of showing the practice of the Government. This is an act done by the head of the Government in connection with the Senate of the United States. We offer to show that act as a part of the practice of the Government.

Mr. Manager BUTLER. The practice of the Government! I object, once for all, to the practice of this Government being shown by the acts of James Buchanan and Jeremiah S. Black. If you choose to take it, I have no objection.

The CHIEF JUSTICE. The Chief Justice will submit the question to the Senate. Senators, you who are of opinion that the evidence just offered shall be received will please say ay; those of the contrary opinion, no. [Putting the question.] The ayes appear to have it-the ayes have it. The evidence is admitted.

Mr. CURTIS. The message is short, and I desire it to be read.

The Secretary read as follows: Message from the President of the United States in answer to a resolution of the Senate respecting the vacancy in the office of Secretary of War.

To the Senate of the United States:

In compliance with the resolution of the Senate, passed on the 10th instant, requesting me to inform that body, if not incompatible with the public interest, whether John B. Floyd, whose appointment as Secretary of War was confirmed by the Senate on the 6th of March, 1857, still continues to hold said office, and if not, when and how said office became vacant; and further to inform the Senate how and by whom the duties of said office are now discharged; and if an appointment of an acting or provisional Secretary of War has been made, how, when, and by what authority it was so made, and why the fast of said appointment has not been communicated to the Senate," I have to inform the Senate that John B. Floyd, the late Secretary of the War Department, resigned that office on the 29th day of December last, and that on the 1st day of January instant Joseph Holt was authorized by me to perform the duties of the said office until a successor should be appointed or the vacancy filled. Under this authority the duties of the War Department have been performed by Mr. Hoit from the day last mentioned to the present time.

The power to carry on the business of the Government by means of a provisional appointment when

a vacancy occurs is expressly given by the act of February 13, 1795, which enacts "that in case of vacancy in the office of Secretary of State, Secretary of the Treasury, or of the Secretary of the Department of War, or any officer of either of the said Departments, whose appointment is not in the head thereof, whereby they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of the said respective offices until a successor be appointed or such vacancy be filled: Provided. That no one vacancy shall be supplied, in manner aforesaid, for a longer period than six months.'

It is manifest that if the power which this law gives had been withheld the public interest would frequently suffer very serious detriment. Vacancies may occur at any time in the most important offices which cannot be immediately and permanently filled in a manner satisfactory to the appointing power. It was wise to make a provision which would enable the President to avoid a total suspension of business in the interval, and equally wise so to limit the executive discretion as to prevent any serious abuse of it. This is what the framers of the act of 1795 did, and neither the policy nor the constitutional validity of their law has been questioned for sixty-five years.

The practice of making such appointinents, whether in a vacation or during the session of Congress, has been constantly followed during every Administration from the earliest period of the Government, and its perfect lawfulness has never, to my knowledge, been questioned or denied. Without going back further than the year 1829, and without taking into the calculation any but the chief officers of the several Departments, it will be found that provisional appointments to fill vacancies were made to the number of one hundred and seventy-nine, from the commencement of General Jackson's administration to the close of General Pierce's. This number would probably be greatly increased if all the cases which occurred in the subordinate offices and bureaus were added to the count. Some of them were made while

the Senate was in session; some which were made in vacation were continued in force long after the Senate assembled. Sometimes the temporary officer was the commissioned head of another Department, sometimes a subordinate in the same Department. Sometimes the affairs of the Navy Department have been directed ad interim by a commodore, and those of the War Department by a general. In most, if not all, of the cases which occurred previous to 1852 it is believed that the compensation provided by law for the officer regularly commissioned was paid to the person who discharged the duties ad interim. To give the Senate a more detailed and satisfactory view of the subject I send the accompanying tabular statement certified by the Secretary of State, in which the instances are all set forth in which provisional, as well as permanent, appointments were made to the highest executive offices from 1829 nearly to the present time, with their respective dates.

It must be allowed that these precedents, so numerous and so long continued, are entitled to great respect, since we can scarcely suppose that the wise and eminent men by whom they were made could have been mistaken on a point which was brought to their attention so often. Still less can it be supposed that any of them willfully violated the law or the Consti

tution.

The lawfulness of the practice rests upon the exigencies of the public service, which require that the movements of the Government shall not be arrested by an accidental vacancy in one of the Departments; upon an act of Congress expressly and plainly giving and regulating the power; and upon long and uninterrupted usage of the Executive, which has never been challenged as illegal by Congress.

This answers the inquiry of the Senate so far as it is necessary to show "how and by whom the duties of said office are now discharged.' Nor is it necessary to explain further than I have done "how, when, and by what authority" the provisional appointment has been made. But the resolution makes the additional inquiry "why the fact of said appointment has not been communicated to the Senate."

I take it for granted that the Senate did not mean to call for the reasons upon which I acted in performing an executive duty, nor to demand an account of the motives which governed me in an act which the law and the Constitution left to my own discretion. It is sufficient, therefore, for that part of the resolution to say that a provisional or temporary appointment like that in question is not required by law to be communicated to the Senate, and that there is no instance on record where such communication ever has been made.

JAMES BUCHANAN. WASHINGTON, January 15, 1861. UNITED STATES OF AMERICA,

Department of State:

To all to whom these presents shall come, greeting: I certify that the document hereunto annexed contains a correct list, duly examined and compared with the record in this Department, of those persons who have been commissioned by the President of the United States as heads of Departments, during the recess of the Senate, as confirmed by that body, as acting ad interim or merely acting, from March 4, 1829, to December 20, 1860, both inclusive.

In testimony whereof I, J. S. Black, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed.

Done at the city of Washington, this 15th [L. 8.] day of January, A. D. 1861, and of the independence of the United States of America the eighty-fifth. J. S. BLACK.

Names.

Office.

Date of appointment.

Roger B. Taney..

John Robb..

Asbury Dickins....

Peter V. Daniel..

Benjamin F. Butler..

McClintock Young....

John Forsyth......

Levi Woodbury...

Mahlon Dickerson... John Boyle....................... Asbury Dickins.. Benjamin F. Butler.

John Forsyth...

Mahlon Dickerson.

Mahlon Dickerson.

Secretary of State.....
Secretary of State..

Secretary of the Treasury.

Secretary of War..

Attorney General..

Secretary of State...

Attorney General..

Secretary of the Treasury.. Secretary of State.....

Secretary of the Treasury.
Secretary of the Navy..
Secretary of the Navy..
Secretary of State......

Secretary of War..........
Secretary of War..
Secretary of War.

Secretary of War.......

Secretary of State..

Secretary of War.....

June 13, 1833..

June 25, 1834..

June 27, 1834.

June 27, 1834..

June 30, 1834.. July 5, 1834. July 8, 1834..

No date...

No date....

No date...

John Macpherson Berrien....

Samuel D. Ingham..

John Branch.

William T. Barry........

John H. Eaton...

Asbury Dickins...

William B. Lewis...
Richard H. Bradford..
William B. Lewis...

J. G. Randolph......

Philip G. Randolph......

J. G. Randolph......

John Boyle......
John Boyle...
Edward Livingston.
Levi Woodbury..
John Boyle......
Philip G. Randolph.
Asbury Dickins...
Roger B. Taney.
Lewis Cass.
Roger B. Taney.
Louis McLane..
John Boyle.......
Daniel Brent..
Roger B. Taney..
Louis McLane..
Asbury Dickins..
Levi Woodbury.
Asbury Dickins..
John Robb.
John Robb...
Daniel Brent...
John Boyle...
Asbury Dickins..
Asbury Dickins..

John Robb.....
John Boyle....
John Robb

Asbury Dickins...
Louis McLane...
Asbury Dickins....
Louis McLane..

William J. Duane...

Daniel Brent....
John Robb.

John Boyle....

Daniel Brent..

Asbury Dickins..

Secretary of War. Secretary of the Treasury. Secretary of the Navy. Secretary of State..... Secretary of War. Secretary of War.

Secretary of State..
Secretary of the Navy.

Secretary of the Treasury..
Secretary of the Treasury.
Secretary of War.

Secretary of the Navy..

August 1, 1831... July 20, 1831..

August 8, 1831.

August 10, 1831.

August 10, 1831.

September 12, 1831.

September 13, 1831.

October 18, 1831.

October 18, 1831

Postmaster General...

May 1, 1835.

Secretary of State.

May 2, 1835.

Secretary of the Navy.

May 7, 1835..

Secretary of War.

May 18, 1835.

July 6, 1835.

Secretary of the Treasury..

July 1, 1835..

August 31, 1835.

Names.

STATEMENT-Continued.

Office.

Date of appointment.

March 5, 1841.

John Bell

George E. Badger..
John J. Crittenden
Francis Granger.
John D. Simms
Daniel F. Webster.
McClintock Young.
Walter Forward
A. P. Upshur......
Charles A. Wickliffe.
Hugh S. Legare,.
John McLean.....
John C. Spencer..
William S. Derrick.

McClintock Young..
McClintock Young..
McClintock Young..
McClintock Young..
McClintock Young..
McClintock Young..
John C. Spencer.

James Madison Porter.
McClintock Young..
Hugh S. Legare...
William S. Derrick.
Abel P. Upshur....
Samuel Hume Porter.

William S. Derrick
John Nelson.

A. P. Upshur.....
David Henshaw.
McClintock Young..
John Nelson.....

Thomas W. Gilmer..

William Wilkins...

John Y. Mason...
John C. Calhoun.
McClintock Young..
George M. Bibb..

Under President Polk.

James Buchanan..
Robert J. Walker......
William L. Marcy.
Cave Johnson........
John Y. Mason..
George Bancroft..
John Y. Mason.

John Y. Mason..
N. P. Trist....
N. P. Trist.
John Y. Mason.
McClintock Young.
Nathan Clifford...
N. P. Trist.

N. P. Trist...
John Y. Mason.
McClintock Young.
William S. Derrick.
McClintock Young..
McClintock Young.

Secretary of the Navy.

Attorney General.

Postmaster General

Secretary of the Navy..
Secretary of State.

Secretary of the Treasury.
Secretary of the Treasury.
Secretary of the Navy.
Postmaster General.

Attorney General....

Secretary of War..

Secretary of War...
Secretary of State

Secretary of the Treasury........................... ..................

Secretary of the Treasury.......

Secretary of the Treasury.........

Secretary of the Treasury.

Secretary of the Treasury..

Attorney General...

Secretary of State.

........

March 5, 1841.
March 6, 1841.
March 9, 1841.
April 27, 1841.
September 13, 1841
September 13, 1841.
September 13, 1841
September 13, 1841.
September 13, 1841.
September 13, 1841
October 12, 1841
October 20, 1841
October 30, 1841

May 14, 1842.
June 30, 1842..
July 20, 1842..
November 1, 1842..

March 1, 1843..
March 3, 1843.

March 8, 1843..

June 8, 1843

May 9, 1843

June 8, 1843..
June 24, 1843.
May 31, 1843..
August 17, 1843
July 1 1843..
July 24, 1843..
July 24, 1843..
August 28, 1843.
February 29, 1844..
February 15, 1844.
February 15, 1844.
March 14, 1844..
March 6, 1844.
May 2, 1844...

June 15, 1814.

Secretary of State...

Secretary of the Navy.

Secretary of the Treasury.

Secretary of State..

Secretary of State.

Secretary of the Treasury. Secretary of State.

Secretary of the Treasury..

Secretary of the Treasury.

Secretary of State....

March 11, 1847. March 31, 1847. June 28, 1847.

July 21, 1847.

August 4, 1847.

October 15, 1847.

December 9, 1847.

April 10, 1848.

Secretary of War.

Attorney General...

Secretary of State..

Secretary of War.

May 26, 1848..

June 21, 1848..

September 2, 1848..

September 2, 1848.

Under Presidents Taylor and Fillmore.

Secretary of State.

November 20, 1848.

Mr. CURTIS. I now desire to move for an order on the proper officer of the Senate to furnish, so that we may put into the case, a statement of the dates of the beginning and end of each session of the Senate, including, of course, its executive sessions as well as its legislative, from the origin of the Government down to the present time. That will enable us, by comparing those dates with these facts which we put into the case, to see what was done within and what was done without the session of the Senate.

The CHIEF JUSTICE. The Chief Justice is of opinion that that is an application which can only be addressed to the Senate in legislative session. If the court desire it he will vacate the chair in order that the President pro tempore may take it.

Mr. CURTIS. I would state, Mr. Chief Justice, that we have now concluded our doc

Secretary of State..

Secretary of the Treasury

Secretary of the Treasury Secretary of State Postmaster General. Secretary of the Treasury. Secretary of War..

Secretary of the Treasury. Secretary of the Treasury. Secretary of the Treasury. Secretary of State

Secretary of the Treasury Secretary of the Treasury. Secretary of the Treasury.

Secretary of the Treasury. Secretary of the Treasury. Secretary of the Treasury Secretary of State. Secretary of State Attorney General....

........

umentary evidence as at present advised; we may possibly desire hereafter to offer some additional evidence of this character, but as we now understand it we shall not.

Mr. JOHNSON. Mr. Chief Justice, I move that the Senate, sitting as a court of impeach ment, adjourn until to-morrow at twelve o'clock.

The motion was agreed to; and the Senate sitting for the trial of the impeachment adjourned.

THURSDAY, April 16, 1868.

The Chief Justice of the United States took the chair.

The usual proclamation having been made by the Sergeant-at-Arms,

The Managers of the impeachment on the part of the House of Representatives and the counsel for the respondent, except Mr. Stan

July 27, 1860.
October 6, 1860.
October 22, 1860.

November 26, 1860.

December 13, 1860. December 20, 1860.

Regular. Regular.

bery, appeared and took the seats assigned them respectively.

The members of the House of Representatives, as in Committee of the Whole, preceded by Mr. E. B. WASHBURNE, chairman of that committee, and accompanied by the Speaker and Clerk, appeared and were conducted to the seats provided for them.

The CHIEF JUSTICE. The Secretary will read the Journal of yesterday's proceedings. The Secretary proceeded to read the Journal, but was interrupted by

Mr. SHERMAN. I move that the reading of the Journal be dispensed with.

The CHIEF JUSTICE. If there be no objection the reading of the Journal will be dispensed with. There being no objection, it is so ordered.

Mr. SUMNER. Mr. President, I send to the Chair a declaration of opinion to be adopted