Mr. Manager BUTLER, (to the counsel for the respondent.) Gentlemen, I will detach these, or only put in one paper, just as you please.

Mr. EVARTS. Of course, we understand. Mr. Manager BUTLER. I do not care to go through detaching the copy in this one case. Mr. EVARTS. It is Mr. Blodgett's indictment?

Mr. Manager BUTLER. Yes, sir. I now offer simply the indictment in Blodgett's case, which I will read, without detaching it from the other paper:

UNITED STATES OF AMERICA.

Southern District of Georgia:

District court of the United States for the southern district of Georgia.

NOVEMBER TERM, 1867, A. D.

The grand jurors of the United States, chosen, selected, and sworn in, and for the southern district of Georgia, being good and lawful men of the said southern district of Georgia, and being charged to inquire for the United States and for the body of the said district upon their oaths;

Present: that heretofore, that is to say, on the 27th day of July, in the year of our Lord 1866, one Foster Blodgett, of the city of Augusta and county of Richmond, in the State of Georgia, and in the southern district of Georgia aforesaid, was appointed by the President of the United States to the office of deputy postmaster at Augusta aforesaid, the said office, that is to say, the office of deputy postmaster, being an office of profit under the Government of the United States aforesaid, in the civil department of the public service, and that, after said appointment and before entering upon the duties of the said office, and before he, the said Foster Blodgett, was entitled to any salary or other emoluments arising from the said office, to wit, the office of deputy postmaster aforesaid, he, the said Foster Blodgett, was then and there required by law to take and subscribe the oath hereinafter set forth, the said oath being by law made material and necessary to be taken and subscribed by him, the said Foster Blodgett, before entering upon the duties of the office aforesaid, to wit, the office of deputy postmaster at Augusta aforesaid, and, being so required by law, he, the said Foster Blodgett, came in his own proper person before David S. Roath, a judge of the court of ordinary for the county of Richmond, in the State of Georgia and within the district aforesaid, and within the jurisdiction of this court, on the 5th day of September, in the year of our Lord 1866, at Augusta aforesaid, within the county, State, and district aforesaid, and then and there was duly sworn and took his corporal oath before the said David S. Roath, a judge of the court of ordinary for the county of Richmond, in the State of Georgia and district aforesaid, he, the said David S. Roath, being then and there duly authorized by law, and having then and there sufficient and competent power, to administer the said oath to the said Foster Blodgett in that behalf, and that thereupon the said Foster Blodgett, having so sworn as aforesaid, and not having the fear of God before his eyes, but having been moved and seduced by the instigation of the devil, then and there, to wit, on the day and year aforesaid and at the place last aforesaid, before the said David S. Roath, judge of the court of ordinary as aforesaid, (he, the said Roath, having then and there competent authority to administer the said oath as aforesaid.) upon his oath aforesaid, sworn to before the said David S. Roath, on the 5th day of September, in the year of our Lord 1866, falsely, willfully, and corruptly did swear to the purport and effect following, that is to say:

Foster Blodgett, (meaning the said Foster Blodgett,) being appointed deputy postmaster at Augusta, in the county of Richmond and State of Georgia, do swear that I will faithfully perform all the duties required of me and abstain from anything forbidden by the laws in relation to the establishment of the post office and post roads within the United States; and that I will honestly and truly account for and pay over any moneys belonging to the said United States which may come into my possession or control, and I do further solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States hostile or inimical thereto; and I do further swear that to the best of my knowledge and ability I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God."

Whereas in truth and in fact, the said Foster Blodgett before the time of taking the said oath as aforesaid, had voluntarily borne arms against the United Statos aforesaid, he the said Foster Blodgett having been at that time, that is to say, at the time when he bore arms as aforesaid, a citizen of the United States aforesaid; and whereas in truth and in fact he the said Foster Blodgett being a citizen as aforesaid, before that time, that is to say, before the time of the taking of the oath, voluntarily had given aid to

persons engaged in armed hostility to the United States aforesaid, and had voluntarily as aforesaid given countenance, counsel, and encouragement to persons engaged in armed hostility to the United States aforesaid; and whereas, in truth and fact, he the said Foster Blodgett being a citizen of the United States as aforesaid had before that time, that is to say before the time of the taking of the said oath as aforesaid, accepted an office, to wit, the office of the captaincy of an artillery company in the service of and under the authority of the so-called confederate States, the so-called confederate States being then and there an authority or a pretended authority in hostility to the United States aforesaid; and whereas in truth and fact he, the said Foster Blodgett, being a citizen as aforesaid, had before that time, that is to say, before the time of the taking of the said oath, yielded a voluntary support to a pretended government of Georgia, the same being at that time, that is to say at the time he, said Foster Blodgett, yielded a voluntary support thereto, a pretended authority in power within the United States and hostile thereto. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Foster Blodgett, by his oath aforesaid taken and subscribed on the day and year aforesaid, by David S. Roath, a judge of the court of ordinary as aforesaid, falsely, willfully, and corruptly, in manner and form aforesaid did, in the southern district of Georgia, and within the jurisdiction of this court, commit willful and corrupt perjury, contrary to the forms of the statute in such case made and provided, and against the peace and dignity of the United States.

HENRY S. FITCH,

United States Attorney for Georgia.

Indorsement.

United States of America, Southern District of

Mr. Manager BUTLER. I propose to put it in evidence, and am stating my case. I have got it all here. He was a member of the constitutional convention and an active Union man

The CHIEFJUSTICE. The honorable Manager will please reduce his offer to prove to writing.

Mr. Manager BUTLER, I will after I state the grounds of it. I will put

The CHIEF JUSTICE. The Chief Justice thinks it ought to be reduced to writing now, in order that the Senate may pass upon the question whether they will receive the evidence.

Mr. Manager BUTLER. They cannot until I make the statement, sir.

The CHIEF JUSTICE. The Chief Justice thinks that the same rule which was applied to the counsel for the President yesterday ought to be applied to the honorable Managers to-day. The Managers should state in writing the nature of the evidence which they propose to introduce, and the Senate can then pass upon the question whether they desire to hear evidence of that description.

Mr. JOHNSON. Does the Manager propose to offer that paper in evidence itself? Mr. Manager BUTLER. I do.

Mr. JOHNSON. And nothing else?
Mr. Manager BUTLER. I propose to offer

Filed November 29, 1867.

SAVANNAH, November 26, 1867. JAMES MCPHERSON, Clerk. Mr. JOHNSON. Does it charge that he was a captain in the rebel service?

Mr. Manager BUTLER. He was charged with being a captain in a volunteer company. [To the witness.] Now, Mr. Randall, upon notice which you have put in as given to Mr. Blodgett being sent to him, did he return an answer, and is this paper that answer or a copy of it? [Handing a paper to the witness.] Answer, These are copies of the papers that are on file. I can only swear to them as copies of papers on file. I believe these are correct copies.

Question. And that is a copy of his answer? Will you look at it.

Answer. Yes, sir. I have read it all over; I think it is.

Question. The notice left here on the 3d of January, we have learned by the paper which was put in on Saturday?

Answer. I think it was the 3d of January. Question. And on the 10th he returned this answer?

Answer. Yes, sir.

Mr. Manager BUTLER. I propose to offer it. It is: WASHINGTON, D. C., January 10, 1868. Hon. A. W. RANDALL: SIR

Mr. EVARTS. One moment, Mr. Manager. We suppose that there is no inquiry before this Senate sitting as a court of impeachment as to the truth of the charges against Mr. Blodgett, nor as to his defenses. We put in evidence nothing but the official action of the Govern ment through the Post Office Department, and that only in answer to an oral statement concerning it which Mr. Blodgett had himself given. Now, the Manager brings in the indictment, and having got that in claims the right to repel it and thus produce evidence on both sides of the question of the reason of Mr. Blodgett's suspension. We submit to the Senate that the proof is irrelevant.

Mr. Manager BUTLER. Mr. President, the case stands thus: Mr. Foster Blodgett, who is mayor of the city of Augusta, appointed by General Pope, and a member of the constitutional convention

Mr. EVARTS. No part of that statement is in evidence.

offer this, and it is the first time any counsel has been thus stopped. I assume, Mr. President— I never have assumed any different-that the same rule will be applied to-day as yesterday. do not want to be understood as asking anything different..

The CHIEF JUSTICE. The honorable Manager appears to the Chief Justice to be making a statement of matters which are not in proof, and of which the Senate has as yet heard nothing. He states that he intends to put them in proof. The Chief Justice therefore requires that the nature of the evidence that he proposes to put before the Senate shall be reduced to writing as has been done heretofore. He will make the ordinary offer to prove, and then the Senate will judge whether they will receive the evidence or not.

Mr. Manager BUTLER. I was trying to state that this was a part of the record produced by the other side. It is the first time, I have a right to say, that any counsel has been interrupted in this way. This

The CHIEF JUSTICE. Does the honorable Manager decline to put his statement in writing?

Mr. Manager BUTLER. I am not declining to put the statement in writing, sir.

The CHIEF JUSTICE. Then the honor. able Manager will have the goodness to put it in writing.

I can do it, sir,

It will be allowed. been reduced to

Mr. Manager BUTLER. by taking sufficient time. The CHIEF JUSTICE. The proposition having writing, Mr. Manager BUTLER. This is the offer, sir:

We offer to show that Foster Blodgett, the mayor of Augusta, Georgia, appointed by General Pope, and a member of the constitutional convention of Georgia, being, because of his loyalty, obnoxious to some portion of the citizens lately in rebellion against the United States, by the testimony of such citizens an indictment was procured to be found against him; that said indictment being sent to the Postmaster General, he thereupon, without authority of law, suspended said Foster Blodgett from office indefinitely, without any other complaint against him and without any hearing and did not send to the Senate the report of such suspension, the office being one within the appointment of the President by and with the advice and consent of the Senate; this to be proved in part by the answer of Blodgett to the Postmaster General's notice of such suspension, being a portion of the papers on file in the Post Office Department upon which the action of the Postmaster General was taken, a portion of which have been put in evidence by the counsel of the President, and that Mr. Blodgett is shown by the evidence in the record to have always been friendly to the United States and loyal to the Government.

That is the offer. On this we wish to be heard at such time as the Chair will permit.

Mr. EVARTS. We object to the evidence, Mr. Chief Justice and Senators, as being

wholly irrelevant to this case. The evidence concerning Foster Blodgett was produced on the part of the Managers, and on their part was confined to his oral testimony that he had received certain commissions under which he held the office of postmaster at Augusta; that he had been suspended in that office by the Executive of the United States in some form of its action, and there was a superadded negative conclusion of his that his case had not been sent to the Senate. In taking up that case the defense offered nothing but the official action of the Post Office Department, coupled with the evidence of the head of that Department that it was his own act, without previous knowledge or subsequent direction of the President of the United States. In that official order, thus a part of the action of the Department, it appears that the ground of it was an indictment against Mr. Blodgett. A complaint was made that that indictment was not produced. The Managers having procured it, having put it in evidence, they now propose to put in evidence his answer to that indictment or to the accusation made before the Postmaster General.

Mr. Manager BUTLER. I know you do not mean to misstate-his answer to the Postmaster General's notice, not to the indictment.

Mr. EVARTS. His answer to the accusation and the evidence concerning the accusation as placed before the Postmaster General, I understood.

Mr. Manager BUTLER. Not an answer to the indictment.

Mr. EVARTS. An answer to the indictment so far as it was the accusation before the Post Office Department. I understood you to say so; that is, you propose to prove that he was friendly to the United States, and always had been, notwithstanding he had been a captain in the rebel troops. I understood you to say so; and now the honorable Manager states that this paper, which is part of his evidence to sustain Mr. Blodgett's loyalty and defeat the accusation against him, in which Mr. Blodgett may be entirely right for aught I know, is a letter written by him ten days after his suspension; and the honorable Manager states that that letter of his, written to the Postmaster General ten days after his suspension, was a part of the papers upon which the Postmaster General acted in suspending him. How that could be, in the nature of things, it is difficult for me to see. He was suspended on the 3d. Ten days after he wrote an answer to the incrimination; and that is one of the papers on which the Postmaster General suspended him, it is said.

The honorable court can see that this is not evidence introduced by us in disparagement of Foster Blodgett. It is evidence introduced by us to show the action of the Post Office Department in the suspension, which suspension the Managers had put in by oral testimony; and under cover of that the learned Manager first seeks to introduce the accusations against Blodgett, and then to rebut them. If this evidence is rightly put in on their part we of course can meet it on ours; and we shall have an interesting excursion from the impeachment trial of the President to the trial of Mr. Foster Blodgett on the question of loyalty; and I am instructed to say that there is a witness in the city who can testify that he was a captain in the rebel army; and we are ready to go on with that proof if it is desired.

Mr. Manager BUTLER. Mr. President and Senators, I think now it will not be out of any order either of to-day or yesterday or the day before for me to state the grounds upon which I offer this evidence.

Foster Blodgett was called here to show that, holding an office which required the advice and consent of the Senate, he had been suspended indefinitely by the President of the United States, as he supposed, and as we supposed, on the 3d of January, 1868, without any fault on his part, so far as his official duties were concerned, and without any adjudication or conviction of any crime, and a man placed in his SUPPLEMENT-16.

office as special agent with the same salary and a little more; so that it amounted to a removal and putting in a man into the office as now appears by the papers presented. Mr. Blodgett testified that up to the day he testified he had not had his case before the Senate; he could get no redress. We thought that upon the proposition that the President desired to obey the law, except that he wanted to make a case to test the constitutionality of it, this was quite pertinent evidence. He having put forward broadly in his answer that he was exceedingly desirous to obey the laws, the civil-tenure act and all other laws, except that he wanted to make a case to test the constitutionality of the law, these facts are put in, and these facts are yet undisputed. They called Mr. Postmaster General Randall on Saturday, and he produced, and they put in, a letter of appointment of one Summers, special agent, with a salary therein set out. They also put in a letter informing Mr. Blodgett that he had been suspended from office. That letter states precisely that it was upon an indictment for perjury, not setting out the indictment, so as to leave us to infer that Foster Blodgett had in some controversy between neighbor and neighbor, or citizen and citizen, somewhere committed willful and corrupt perjury, and that it was so heinous a case that the Postmaster General felt obliged instantly to suspend him; and it was a case, he said, where the great law of necessity compelled him to suspend him at once. In order to meet that we asked for the indictment. We got it at last from the Treasury Department, a copy of it. The indictment then makes certain statements against Mr. Foster Blodgett. Now, Mr. Foster Blodgett instantly upon being notified this being the 3d of January, and the paper, which I shall show you, being dated the 10th-seven days only, three from ten leaves seven, not ten, Mr. Counsel, so that inadver tences can take place as well on the one side as

the other

Mr. EVARTS. If you consider it material, I will retract.

Mr. Manager BUTLER. I do not consider it material only as a matter of correctness; that is all. As I say, seven days afterward, being in Washington, he instantly answers and puts on file his justification, that this was all a rebel plot and treason against the United States in fact. Having put that on file, that is a part of the case.

Now, I have not said to the Senate that this paper was that upon which Mr. Randall acted in suspending him, but I do say it is a part of the proceedings in the case, and it is a paper on which Mr. Randall acted in not returning that suspension through the President to the Senate. It may be said that Mr. Randall had no business to return it to the Senate. He had just as much business to return it to the Senate as he had to suspend him.

We are answered, too, that they put in only the official act of the Department. I had the honor to explain to the Senate some days ago that I understood an official act to be that which was made a man's duty by law to do. I never understood that there was any other official act. I have always understood that the kind of acts which a man does where the law does not require him to do them are officious acts and not official, and I think this was the most officious act I have ever known, one which the Postmaster General says there is no law for, which was justified by no statute. A man is suspended; his reputation is ruined as far as it can be; the tribunal the law has appointed before which he could have a hearing, the Senate of the United States, is not informed of it in the regular way. It affects the President of the United States, because he was informed of it after it was done, and he has taken no action; and then when we put him on to say to us "I have been suspended and cannot go before the Senate," the answer is what? When he simply says that the answer is to put in the fact that he was indicted in order to blacken his reputation and send it out to the country.

I never saw Foster Blodgett until the day he was brought upon this stand. I have no interest in him any more than any other gentleman of position in the South. I put it to you, if you had been treated in that way when here as a witness under the summons of the Senate by the Managers of the House of Representatives to testify to a fact, and then the President, after refusing you any hearing before the constitutional tribunal and legal tribunal, had put in the fact to blacken your character that you had been indicted, would you not like to have the privilege of putting in at least your answer on record in the case, that which you did instantly? It is said to be the letter of Mr. Blodgett. True, it is; but it also contains exhibits and other papers which establish the facts beyond controversy.

It is said here, with a slur, that they have got a witness to prove that he was in the rebel army. I do not doubt it-plenty of themwhether he was or not. But what I say is, that he was only a captain in a militia company, and called into service and bound to obey the powers that be; and he was indicted because he yielded to the power of the State of Georgia, to compel him to hold the commission; and taking no commission, he had either to go or lose his life; and he could well swear, although he went as a militia captain into the service, that he did not voluntarily go. But, however that may be, he has a right to have before the country that he has been traduced-a man among his neighbors so well known that they elected him to make the constitutional law for them; a man among his neighbors so well known that General Pope appointed him mayor of this very town where he held the office; a man so well known that when the State of Georgia shall come here and demand a place in this Chamber I have no doubt Foster Blodgett will come and take his place beside the proudest of you.

duty to put this testimony before you; and if I say under these circumstances I feel it my the mere objection is want of relevancy I put it as a matter of justice to a witness that the House of Representatives brought here and who is now being oppressed by the entire power of the executive Government of the United States, who has been confessedly, without law, against right, suspended from his office and so removed, can get no hearing before this tribunal or any other, because the President controls his district attorney and he cannot get a trial down there, and they will not report him up here, and he cannot get a trial here. It appeals to your justice. I do not propose to go into any excursion in trying the case of Foster Blodgett. I only propose to put in all the papers that were on file in the Post Office Department about this case that bear on my side of the case. They have put in such papers as bear on their side of the case, and I propose to put in such the same bundle, that they shall not pick out papers as bear on my side of the case out of such as please them and have them put in without my picking out and putting in from the same bundle such as please us.

Mr. EVARTS. We do not put anything from the bundle. We put in merely the action of the Department. You have taken a paper from the bundle and now propose to put in an answer to it. That is now the statement of the evidence. We have as little to do with and as little care for Foster Blodgett as possible; but you brought him here and compelled us to state the circumstances of the Department's action. We have stated them. If his case is to be tried by this court because it cannot be tried by any other, and if that is a ground of jurisdiction, of course you may have plenty of work.

The CHIEF JUSTICE. The Secretary will read the offer to prove made by the honorable Managers.

The Chief Clerk read: We offer to show

Mr. Manager BUTLER. Stop a moment. Perhaps I will amend the offer a little, thongh not in substance. With leave, sir, I will with

draw that and take one which covers the same points, but is much shorter, which has been drawn up by one of my associates.

The CHIEF JUSTICE. The Secretary will read the offer to prove now made by the honorable Managers.

The Chief Clerk read as follows:

The defendant's counsel having produced from the files of the Post Office Department a part of the record showing the alleged causes for the suspension of Foster Blodgett as deputy postmaster at Augusta, Georgia, 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 the said Blodgett.

Mr. EVARTS. Our objection to that offer, as we have already stated, is that it does not present correctly the relation of the papers.

The CHIEF JUSTICE. The Chief Justice will submit the question to the Senate. The original offer to prove has been withdrawn. The offer which has just been read has been substituted. Senators, you who are of opinion that the evidence now proposed to be offered should be received will say ay; contrary opinion no. [Putting the question.] The noes have it. The evidence is not received.

Mr. ANTHONY." I should like to have the yeas and nays on that, if not too late.

The CHIEF JUSTICE. It is too late. If there be no objection, however, the Chief Justice will again put the question on taking the yeas and nays. There seems to be no objection. Mr. CAMERON. I object.

Mr. Manager BUTLER, (to the witness.) Mr. Randall, I have been informed that you desire to make some statement about this removal. If it does not put in anything that the President said or anybody else I shall not object.

It was

It oc

The WITNESS. I expressed to a gentleman this morning a wish to explain the circumstances under which I made this suspension. one of those cases which there is no provision of law to meet, like several others that we have, and one that I passed upon this last week. The copy of this indictment was brought to me, and the district attorney at the same time or about the same time, soon afterward at any rate, came to me and made statements of the circumstances under which it was found. Under the tenure-of-office law, if we acted under that, the President would have no power, as I understood it, to suspend any officer during the session of the Senate. The only thing he could do would be to send up the name of some man in his place, removing Mr. Blodgett. curred to me that this violation of the law by Mr. Blodgett might be merely a technical violation of the law. If it was a technical violation of the law-I am telling now what my reasoning was on the subject-if it was true that he was forced into the rebel service and got out of it as soon as he could, and this violation of the oath of office law, in taking that oath was merely a technical violation for which he was indicted, I did not want him turned out; and for that reason I took the responsibility of doing this thing, of making this suspension and putting a special agent in temporary charge of the office until we could ascertain more fully what the facts were in the case and what action ought to be taken. Those are the circumstances under which this thing was done.

By Mr. Manager BUTLER: Question. Why did you not report it to the President for his action?

Answer. I told the President what I had done.

thought, breaking the law, you could do something better?

Answer. I do not put it in any such shape as that. I stated it just exactly as it occurred. I did not want the man turned out if this was a mere technical violation of the law on which he was indicted, and if he was an honest man. That was the reason I was disposed to ascertain the facts. It may have been a technical violation of the law; but I assumed the doing of it for the purpose of not having an act of injustice done to him if he was an honest man. Question. Was the Senate in session on the 3d of January last?

Answer. I cannot tell you whether it was in session on that day or not.

Question. Was there not a recess? Answer. There may have been; I do not remember now.

Question. Then the reason that the Senate was in session did not apply to the case?

Answer. I considered the Senate in session. I do not look upon a recess for two or three or five days as a recess of the Senate, in the sense of the Constitution. I do not remember whether the Senate was actually in session on that particular day.

Question. You deemed it to be in session, and you treated it as if in session? Answer. I considered the session as continuing.

Mr. Manager BUTLER. That is all. Mr. CONNESS. I should like to ask a question of the witness. I will reduce it to writing.

The WITNESS. One suggestion I forgot to make which I wish to mention. The reason why something was not further done in the case is that I was trying to get information on this subject, and then this trouble began, and this case has lain long without any intention to delay it, and no further action has been had.

Mr. Manager BUTLER. By trouble you mean the impeachment, I suppose?

The WITNESS. Yes, sir; I had no time to have copies made, but I have brought here the original papers which were filed at the time he was appointed. I did not know whether you would want them.

Mr. Manager BUTLER. No, sir; I do not want to see them.

The CHIEF JUSTICE. The question proposed by the Senator from California has been submitted in writing, and will be read by the Secretary.

The question propounded by Mr. CONNESS was read, as follows:

Have you ever taken any step since your act suspending Foster Blodgett in further investigation of his case?

Answer. Yes, sir; in trying to secure information. There is considerable information among the papers here on the subject.

Mr. Manager BUTLER. That is what we offered to put in.

The WITNESS. Beyond what you offered to put in.

Mr. Manager BUTLER. I only offered one thing at a time. We have no more questions

to ask the witness.

Mr. CURTIS. Nor we.

Mr. Manager BUTLER. I now offer, Mr. President, an official copy of the order creating the military department of the Atlantic, and putting General Sherman into charge of it.

Mr. EVARTS. What does that rebut? I am not aware that we have given any evidence on that subject.

Mr. Manager BUTLER. Do you object? Mr. EVARTS. We do, unless it is relevant and rebutting. I do not recall any evidence that we have given concerning the department of the Atlantic.

Mr. Manager BUTLER. It is put in to show part of the action of the President at the same time, on the same day that he restored General Thomas. That date was not fixed until after General Thomas came on to the stand. The object is to show what was done militarily on that same day. That is the reason why it is put in.

Mr. EVARTS. I do not see any connec⚫

tion with General Thomas's testimony. The only connection the honorable Manager states is that he learned from General Thomas when he was restored, as if he did not know that before. It was all public when he was restored. It does not connect itself at all with any evidence we have produced. If it is put on the ground that it was forgotten or overlooked, that is another matter; but to bring it in as rebutting is a consideration which we cannot consider well suggested.

Mr. Manager BUTLER. Mr. President, when I speak of learning a thing in the trial of a cause I mean learning it in the course of the evidence during the trial, not what I know in the country from the newspapers, because they are not always the best sources of knowledge. I say that General Thomas testifies that on the 13th of February the President made an order that he should be restored to his position as Adjutant General. That was fixed by his testimony; it was not fixed before. That was an order given on the 13th to General Grant, which was not published, a private letter or order. Now, I want to show that on that same day, or the day before, this new military division was made here, and General Sherman ordered to the command of it, showing the acts of the President at or about the same time. The presiding officer has so well told us heretofore the competency of the acts of a party about the same time as being a part of the res gesta, and the Senate has so often allowed testimony to come in to that effect, that I cannot conceive why this cannot be competent. It is part of the things done by the President on the same day, or the day before Thomas was restored. I do not mean to say a word on the question whether it is rebutting; I do not understand that that rule belongs here.

The CHIEF JUSTICE. On the part of the honorable Managers, it is proposed to give in evidence an order establishing the department of the Atlantic. The Chief Justice will submit the question to the Senate.

Mr. ANTHONY. I ask for the yeas and nays. The yeas and nays were ordered.

Mr. BUCKALEW. Mr. President, I ask for the reading of a question submitted to General Sherman by the counsel for the defense in reference to this very matter. If our Clerk will turn to the record he will find that a question was put to General Sherman as to the establishment of the department of the Atlantic, which was ruled out.

The CHIEF JUSTICE. The Secretary will read the question referred to.

Mr. Manager BUTLER. We shall not trouble the Senate. This being a matter of public document, I suppose we can refer to it in the argument. We withdraw the offer.

The CHIEF JUSTICE. The offer to prove made by the honorable Managers is withdrawn. Mr. Manager BUTLER. I have now, Mr. President and Senators, a list prepared as carefully as we were able to prepare it in the time given us, from the laws, of the various officers in the United States who would be affected by the President's claim here of a right to remove at pleasure. That is to say, if he can remove at pleasure and appoint ad interim, this is a list of officers taken from the laws, with their salaries, being a correlative list to that put in by the counsel, showing the number of officers and the amount of salaries which would be affected by the President. In order to bring it before the Senate I will read the recapitulation only thus:

"In the Navy, War, State, Interior, Post Office, Attorney General, Agriculture, Education, and Treasury, the officers are 41.558; the grand total of their emoluments is $21,180,736 87 a year."

I propose that the same course shall be taken with this as with the like schedule, this being a compilation from the laws, that it be printed as part of the proceedings.

The CHIEF JUSTICE. Is there any objection?

Mr. EVARTS. If it shows what it is there is no objection.

The document is as follows: