Question. Well, I believe we have got "Judaas, Judas Iscariot, Judaas." That is only three times. Why did you say one too many? Answer. You have it four times there. Question. I beg your pardon. I have only said it three times. "Judaas, Judas Iscariot, Judaas." The WITNESS. Are not those words italicized there? Mr. Manager BUTLER. Yes, sir. The WITNESS. Are they not stretched out to make it appear ridiculous? Mr. Manager BUTLER. I really think two of the Judases are spelt with the pronunciation -J-u-d-a-a-s.' Mr. Manager BUTLER. The "yes" is not here stretched out. Is there any other question you would like to ask me, sir? [Laughter.] The WITNESS. All I wish is that you shall read it as it is there. Mr. Manager BUTLER. Now, sir, will you attend to your business and see what differences there are as I read? "If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? [Hisses and cheers.] Are these the men that set up and compare themselves with the Saviour of men, and everybody that differs with them in opinion, and try to stay & arrest their diabolical and nefarious policy, is to be denounced as a Judas." Answer. "And that try." Question. "Differ with them in opinion, and that try to stay and arrest their diaboli cal and nefarious policy is to be denounced as a Judas. ['Hurrah for Andy and cheers.'"'] Am I right so far, sir? Answer. I think so. Question. Is that a fair specimen of the sixty corrections? Answer. There are four in the next three lines. Question. Is that a fair specimen of the sixty corrections. Answer the question? Mr. EVARTS. Mr. Chief Justice, I suppose the corrections, the whole of which we have put in evidence, will show for themselves. Mr. Manager BUTLER. I am cross-examining the witness. Mr. EVARTS. It has nothing to do with the matter of evidence. Mr. Manager BUTLER. I am asking a question of the witness on cross-examination, and I prefer that he should not be instructed. Mr. EVARTS. No instruction. We thought we should save time by putting in the memorandum; but it seems that the cross-examination is to go over every item. We insist that it be confined to questions that are proper. Whether this is a fair specimen or not, compared with the whole paper, will appear by the comparison the court make between the two pieces of evidence. Mr. Manager BUTLER. I am testing the oredibility of this witness, and I do not care to have him instructed. The CHIEF JUSTICE. If the question is objected to, the honorable Manager will please put it in writing. Mr. Manager BUTLER. I will put it in writing if the Chief Justice desires. Mr. EVARTS. It is no question of credi bility; it is a mere question of judgment asked of him between two papers, whether one is a fair specimen of the other. Mr. Manager BUTLER. I will put the question in writing if the Chief Justice desires. The question is this: whether all the corrections which you have indicated in answer to my questions are of the same average character with the other corrections of the sixty? The WITNESS. There are two or three corrections in that which you have read. The CHIEF JUSTICE. Is the question objected to? Mr. EVARTS. We object to the question. It requires a reëxamination of the whole subject. The CHIEF JUSTICE. The question will be put in writing, objection being made. Mr. Manager BUTLER. I will pass from that rather than take time, because I shall be accused of having taken up too much time. [To the witness.] Mr. Witness, you have told us that in the next few lines there were corrections, I think four in the next three lines. Now I will read the succeeding lines: "In the days when there ware twelve apostles and when there ware a Christ, while there ware Judases, there ware unbelievers, too. Y-a-s; while there were Judases, there ware unbelievers. [Voices: 'Hear." Three groans for Fletcher.'] Yes, oh yes! unbelievers in Christ." The WITNESS. Do you wish me to make corrections there? Mr. Manager BUTLER. I want you to stop me when there is anything wrong. "In the days when there The WITNESS. ware;" were is right. Mr. Manager BUTLER. It reads in mine "ware," and in yours it reads "were?" Answer. Yes; and then in the next line there is a "ware" again. It should be "were." Question. What is the next? 66 Answer. There is another "ware." Question. That is, it should be were" instead of "ware?" Question. What is it? Answer. "Were" for "ware." The WITNESS. Does it read in yours "Voices, 'Hear!' 'Three groans for Fletcher?'"' Mr. Manager BUTLER. Yes, sir. It is all right, is it not? What is the trouble with that? The WITNESS. There are four " wares there, are there not? What do you Mr. Manager BUTLER. mean by "wares?" We have corrected the "e" for the "a;" that is the whole change. The WITNESS. Yours reads "there ware a Christ;" the "ware" should be "was." Question. Then all your corrections are of pronunciation and grammar, are they not? Answer. The President did not use those words. Question. Do you say that the President does not pronounce "were" broadly, as is some times the southern fashion? Answer. I say that he did not use it as used in that paper. Question. Did he not speak broadly the word "were" when he used it? Answer. Not so that it could be distinguished for "ware." Question. Then it is a matter of how you would spell pronunciation that you want to correct, is it? Answer. The tone of voice cannot be represented in print. Question. And still you think "were" best represents his tone of voice, do you? Answer. I think it did. Question. Although it cannot be represented in print. Now, sir, with the exception of these corrections in pronunciation and grammar, is there any correction as the speech was printed in the Democrat on Monday from that which was printed in the Republican? Answer. Yes, sir. Question. What are they as printed? Answer. One is "Let the Government be restored. I have labored for it. I am for it now. I deny this doctrine of secession, come from what quarter it may." Question. What is the change as printed? Answer. "Let the Government be restored. I have labored for it." So far it is the same in both papers; and then the words "I am for it now" are omitted in the Democrat, and the punctuation is changed so as to begin the next sentence "Now, I deny this doctrine of seces. sion," and then words are omitted and the punctuation changed. Question. There are four words omitted, "I am for it," before now. What else? Answer. Speaking of the neutrality law he said, "I am sworn to support the Constitution and to execute the law." Some one halloed out "Why didn't you do it?" and he answered, "The law was executed; the law was executed." Those words "Why didn't you do it' and "The law was executed; the law was executed," are omitted in the Democrat. Question. What else of substance? Answer. I do not know that I can point out any others without the memorandum. Question. Use the memorandum to point out substance, not grammar, not punctuation, not pronunciation. Answer, (referring to the memorandum.) One expression he used was, "Allow me to ask if there is a man here to-night who in the dark days of Know-Nothingism stood and battled more for their rights". Question. What is the word left out or put in there? Answer. The word "sacrificed" is used in the Democrat, and the word "battled" is the one that was employed. Mr. Manager BUTLER. I will not trouble you further, sir. The WITNESS. Oh, I can point out more. Mr. Manager BUTLER. That is all, sir. Mr. CURTIS. We now desire, Mr. Chief Justice, to put in evidence a document certified from the Department of State. [The document was handed to the Managers.] The CHIEF JUSTICE. The counsel will state the object of this evidence. Mr. CURTIS. It is the commission issued by President Adams to General Washington, constituting him Lieutenant General of the Army of the United States. The purpose is to show the form in which commissions were issued at that date to high military officers, and we have selected the most conspicuous instance in our history as regards the person, the office, and the occasion. Mr. Manager BUTLER. There were two commissions issued to General Washington, two appointments made. Was this the one he accepted, or the one he rejected; do you remember? Mr. EVARTS. We understood it to be the one actually issued, and received by him. Mr. Manager BUTLER. And accepted by him? Mr. EVARTS. We suppose so. Mr. EVARTS. We desire to have the commission read. Mr. Manager BUTLER. I see no objection to it. I thought perhaps you could tell me what I inquired about. Mr. EVARTS. enough to read it? Will the Clerk be good The CHIEF JUSTICE. read the paper. The Secretary will The Chief Clerk read the following commission, which is accompanied by a certificate from the Secretary of State, that it is a carefully compared and exact copy of the original on file in his Department: JOHN ADAMS. President of the United States of America: To all who shall see these presents, greeting: Know ye, that reposing special trust and confidence in the patriotism, valor, fidelity, and abilities of George Washington. I have nominated, and by and with the advice and consent of the Senate do appoint, him Lieutenant General and Commanderin-Chief of all the armies raised or to be raised for the service of the United States. He is therefore carefully and diligently to discharge the duty of Lieutenant General and Commander-in-Chief by doing and performing all manner of things thereunto belonging, And I do strictly charge and require all officers and soldiers under his command, to be obedient to his orders as Lieutenant General and Commander-inChief. And he is to observe and follow such orders and directions from time to time as he shall receive from me or the future President of the United States of America. This commission to continue in force during the pleasure of the President of the United States for the time being. Given under my hand at Philadelphia, this 4th day of July, in the year of our Lord 1798, [L. S.] and in the twenty-third year of the independence of the United States. JOHN ADAMS. By command of the President of the United States of America: JAMES MCHENRY, Secretary of War. Mr. CURTIS. I now desire, Mr. Chief Justice, to put in a document from the Depart ment of the Interior, showing the removals of superintendents of Indian affairs, and of Indian agents, of land officers, receivers of public moneys, surveyors general, and certain miscellaneous officers who are not brought under any one of those classes. The document which I hold shows the date of the removal, the name of the officer, the office he held, and also contains a memorandum whether the removal was during the recess of the Senate or in the session of the Senate. Mr. Manager BUTLER. I have but one objection to this species of evidence without anybody brought here to testify to it, and that is this: I have learned that in the case of the Treasury Department, which I allowed to come in without objection, there were other cases not reported where the power was refused to be exercised. I do not know whether it is so in the Interior Department or not. But most of these cases, upon our examination, appear to be simply under the law fixing their tenure during the pleasure of the President for the time being, and some of them are inferior officers originally made appointable by the heads of Departments. If the presiding officer thinks they have any bearing we have no objection. Mr. CURTIS. I understand the matter of the application of the law to these offices somewhat differently from that which is stated by the honorable Manager. I have not had an opportunity minutely to examine these lists, for they were only handed to me this morning; but I understand that a very large number of these officers held for a fixed tenure of four years. That, however, must be a matter of argument hereafter. Mr. Manager BUTLER. What class of offi cers do you speak of? Mr. CURTIS. Receivers of public moneys is one of the classes. Mr. JOHNSON. What is the date of the first removal and of the last? Mr. CURTIS. These tables, I think, extend through the whole period of the existence of that Department. I do not remember the date when the Department was established, but I think they run through the whole history of the Department. The CHIEF JUSTICE. No objection is made to the reception of this document in evidence. The document is as follows: DEPARTMENT OF THE INTERIOR, WASHINGTON, D. C., April 17, 1838. I, Orville H. Browning, Secretary of the Interior, do hereby certify that the annexed thirteen sheets contain full, true, complete, and perfect transcripts from the records of this Department, so far as the same relate to the removals from office of the persons therein named. In testimony whereof, I have hereunto subscribed my name and caused the seal of the Depart[L. S.] ment to be affixed the day and year above written. O. II. BROWNING, Secretary of the Interior. Removals of Superintendents of Indian Affairs and of Indian Agents. Date. March 13, 1849... April 18, 1853... May 27, 1861.. Name. Thomas P. Harvey... W. H. Albin... A. D. Rightmire... E. R. Geary. W. H. Waterman. St. A. D. Balcombe.. South superintendency. South superintendency. Southern District California superintendency. Washington Territory superintendency.. Kickapoo agency... Kickapoo agency.. Delaware agency. Cherokee agency... Cherokee agency. Choctaw and Chickasaw agency.. Witchita agency. Creek agency.. Senate consented to appointment of his successor. During the recess. During the recess. During the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. Senate consented to appointment of his successor. Du ing the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his succ.ssor. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. STATEMENT-Continued. Date. June 9, 1865.. November 2, 1854. July 10, 1851.. 1, 1852. August 13, 1856. April 26, 1861. June 7, 1864.. September 22, 1865. April 7, 1862.. October 13, 1863. March 14. 1861.. June 7, 1864... May 11, 1865.. September 21, 1866. April 23, 1853. March 25, 1861. March 23, 1861. April 20, 1865. November 9, 1866.. Name. G. A. Cutler..... J. F. Miller. L. J. Keithly J. S. Gregory. Andrew Humphreys. Creek agency.. Office. Warm Springs (Oregon) agency... An Indian agent in New Mexico.. Unintah Valley (Utah) agency. Yakama (Washington Territory) agency. Smith river (California) agency.. Chippewas of the Mississippi. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. Senate consented to appointment of his successor. During the recess. During the recess. During the recess, Senate consented to appointment of his successor. Senate consented to appointment of his successor. During the recess. During the recess. During the recess. Senate consented to appointment of his successor. C. D. Strickland, jr... Charles Neally.. Thomas J. Hodson. Location of office. Winnamac. Fort Wayne.... Springfield.. Kalamazoo.. Jeffersonville. Clarksville... Batesville.. Fayetteville.. Washington... Sault Ste. Marie. Crawfordsville. Vincennes.. Fairfield Iowa City. Dubuque. Mineral Point.. Opelousas...... Shawneetown.... Tallahassee.. Milwaukee... New Orleans. State. Remarks. Indiana. Indiana... Missouri Michigan Indiana. Arkansas.. Arkansas. Arkansas.. Arkansas.. Arkansas.... Iowa.................... Iowa Michigan.. Wisconsin.. Michigan... Louisiana.. Louisiana....... Illinois. Ohio... Illinois. Illinois... Illinois. Lebanon.. Defiance.. Vandalia Illinois. Quincy Elba Winona.... Sank Rapids. Plattsburg.. Hudson Superior Oregon....... Arkansas.. Minnesota Wisconsin............ Louisiana... STATEMENT-Continued. State. Remarks. Date. April 1, 1861. Name of officer. W. T. Galloway....... Matthew Keller.. James E. Jones...... Washington Territory. Wisconsin. Missouri Kansas... Kansas. Kansas. Kansas. Nebraska. New Mexico Nebraska.. M. A. Patterson. May 9, 1849. April 2, 1861. April 2, 1861. M. F. Rainey... George Jeffries......... David C. Glenn... Paschal Bequette Bennett W. Engle. Samuel Wise... ....... Theodore Gillespie.... John G. Cameron.. Location of office. Lebanon.. Green Bay............... ............ Alabama.. Wisconsin......... Indiana... Indiana... Fort Wayne.. Indianapolis. Kalamazoo Little Rock Clarksville. Fayetteville. ..... Batesville. Washington...... Champagnole. Dixon.. Pontotoc. Jackson... Helena.......... Sault Ste. Marie.. Mineral Point Crawfordsville. Vincennes............ Greensburg.... Iowa City.... Dubuque.... Springfield.... Newmansville. Milwaukee......... ...... Shawneetown.... Columbus........... Ionia...... STATEMENT-Continued. Date. April 9, 1861. November 10, 1860. June 22, 1861 The above dates are those upon which the successors of the above-named persons were appointed. Receivers of Public Moneys removed during sessions of the Senate, that body advising and consenting to the appointments of their successors. Date. July 31, 1852.. December 22, 1857. May 17, 1858.. March 27, 1861.. July 19, 1861. July 22, 1861. March 6, 1862.. March 12, 1863.. January 26, 1864. June 7, 1864... May 4, 1866.. July 14, 1866.. Name of officer. Henry Acker..... Benjamin F. Tillotson. B. F. Reynolds... John Griemer.. Alfred H. Carrigan... The above dates are the dates of confirmation by the Senate. Registers of Land Offices removed during session of the Senate, that body advising and consenting to the appointment of their successors. Name of officer. Joel S. Fiske...... John B. Cloutier. Oscar Taylor. Joseph W. Edwards... The above dates are the dates of confirmation by the Senate. |