THE CONGRESSIONAL GLOBE. STATEMENT-Continued. July 10, 1851. August 13, 1856. July 16, 1861. September 1, 1852.. May 3, 1853. September 22, 1865. April 7, 1862. October 13, 1863. March 14, 1861. June 7, 1864. May 11, 1865.. September 21, 1866. March 23, 1861. Registers of Land Offices removed during the recess of the Senate. Date. April 5, 1849.. April 7, 1849. April 12, 1849. April 12, 1849. April 14, 1849. May 8, 1849. May 8, 1849.. May 8, 1849. May 8, 1849.. May 8, 1849. May 8, 1849. May 8, 1849. May 9, 1849. May 9, 1849.. May 12, 1849.. May 12, 1549. May 18, 1849. May 18, 1849. May 18, 1849.. May 18, 1849.. May 21, 1849. May 21, 1849. May 24, 1849. May 31, 1849.. June 4, 1849 June 4, 1849. June 4, 1849 June 11, 1849 June 14, 1849 June 14, 1849 June 25, 1849 June 25, 1849 July 12, 1849. July 12, 1849. July 12, 1849.. July 16, 1849. July 27, 1849. October 10, 1849.. October 10, 1849. October 10, 1849.. November 1, 1849. October 13, 1850.. October 13, 1850.. June 13, 1861. July 14, 1855.. July 24, 1855... October 2, 1855. March 26, 1856.. April 3, 1857.. March 19, 1857.. March 20, 1857. March 28, 1857.. September 22, 1858. Daniel Shaw...................... STATEMENT-Continued. State. Remarks. Date. April 1, 1861.. April 9, 1861. April 9, 1861.. April 9, 1861. April 9, 1861. May 9, 1861. May 15, 1861.. April 2, 1861. April 2, 1861. April 2, 1861. April 2, 1861. April 9, 1861. April 9, 1861. April 10, 1861. April 15, 1861.. April 15, 1861 April 18, 1861. April 18, 1861. April 22, 1861 April 26, 1861. April 26, 1861. April 30, 1861. May 3, 1861. May 30, 1861. June 13, 1861 June 22, 1861 August 7, 1861 September 9, 1861. March 18, 1866.. September 26, 1866. September 24, 1866 September 24, 1866 October 5, 1866. October 27, 1866. November 5, 1866... Name of officer. W. T. Galloway..... G. W. Martin...... Location of office. Eau Claire....... San Francisco.. Visalia... Los Angeles. Humboldt.. Chatfield... Marquette Des Moines. Council Bluffs. Fort Dodge.. Sioux City Marysville Stockton Olympia...... La Crosse.. Henderson Fort Scott Lecompton. Menasha. Junction City. Omaha Santa Fé. Booneville. Springfield. Oregon City.. Indianapolis. Chillicothe Springfield. Booneville.... New Orleans. Nebraska City East Saginaw. Sioux City Junction City...... Brownsville... The above dates are those upon which the successors of the above-named persons were appointed. Receivers of Public Moneys removed during the recess of the Senate. Date. May 9, 1849. May 9, 1849.. April 2, 1861. April 2, 1831. April 2, 1851. April 2, 1861. April 9, 1861. April 9, 1861. April 9, 1861. April 9, 1861. April 9, 1861.. Name of officer. John G. Winston......... Elisha Morrow.... J. D. G. Nelson Theodore Gillespie... George McHenry. A. G. Herndon. Frederick Hall..... John G. Cameron....... A. S. Bryant.................................. = THE CONGRESSIONAL GLOBE. STATEMENT-Continued. April 9, 1861.. April 10, 1861. April 15, 1861.. November 10, 1860. April 22, 1861. April 26, 1861. May 24, 1861... May 18, 1861.. May 20, 1861. May 30, 1861... June 13, 1861 May 27, 1861.. September 9, 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. December 22, 1857. 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. March 25, 1860. March 27, 1861. March 23, 1861. March 23, 1861. March 23, 1861. March 23, 1861. March 27, 1861. March 27, 1861. March 25, 1861. March 27, 1861. July 19, 1861... The above dates are the dates of confirmation by the Senate. Surveyor Generals removed during session of the Senate, that body advising and consenting to the appointments of their successors. Mr. Manager BUTLER. Stop a moment. Is not that regulated by law? Mr. CURTIS. That is a matter of arguWe think it is. ment. Mr. Manager BUTLER. So do we. There cannot be any dispute on that question. Mr. CURTIS. Now we are going to show the practice under the law. Mr. Manager BUTLER. Different from the law? Mr. CURTIS. Just as we have done in other cases. I have a document here to offer, but it requires some explanations to make the document intelligible. Mr. Manager BUTLER. We do not object if the offer is to show the practice under the law. Mr. CURTIS, (to the witness.) Proceed, if you please, Mr. Seward. The WITNESS. When the vacancy is foreseen the consul nominates a vice consul, who enters upon the discharge of his duties at once Office. Remarks. Recorder of General Land Office.. During recess. Commissioner of Indian Affairs...... During recess. Commissioner of Public Buildings. During recess. Warden of the penitentiary, District of Columbia.. During recess. Commissioner of Patents... During recess. Commissioner of Pensions.... During recess. Warden of the jail.... During recess. Register of deeds, District of Columbia. Register of wills, District of Columbia.. Principal clerk of surveys General Land Office. Warden of the penitentiary, District of Columbia.. Warden of the jail, District of Columbia.. during the time that the nomination is sent to the Department of State. The Department approves or disapproves when it receives the nomination. In case the vacancy has not been foreseen and the consul is dead, absent, or sick, unable to discharge the duties or to desig nate his temporary substitute, then the minister in the country will make a nomination and send that to the Department of State; or if there be no minister, the naval commander will not infrequently make a nomination and send that to the Department of State, and the vice consul so designated will act until the Department shall approve or disapprove. In other cases the Department itself will designate a vice consul without any previous nomination of either minister, consul, or naval commander, and he enters upon the discharge of his duties in the same manner. Question. How is he authorized or commissioned? Answer. He receives a certificate of his appointment signed by the Secretary of State. Question. Running for a definite time, or how? Answer. Running "subject to the conditions prescribed by law." Question. Is this appointment of vice consul made temporarily to fill a vacancy, or how otherwise? Answer. It is made to fill the office during the period which necessarily elapses in the time that it takes for the news of the vacancy to reach the Department for a successor to be appointed. Question. That is for a succeeding consul to be appointed? Answer. For a succeeding full officer to be appointed. Sometimes a period of weeks or months may elapse before the news can reach During recess.. During recess. During recess. Senate consented to appointment of successor. Senate consented to appointment of successor. Senate consented to appointment of successor. Senate consented to appointment of successor. Senate consented to appointment of successor. Senate consented to appointment of successor. Mr. Manager BUTLER. We will see about that in a moment, sir. Mr. JOHNSON. Has the Manager the statute before him? Mr. Manager BUTLER. I have. Mr. JOHNSON. What is the volume? 11th Statutes-at-Large. This statute begins on Mr. Manager BUTLER. The volume is the page 35 of the 11th Statutes-at-Large; but the fourteenth and fifteenth sections are those that relate to the matter. The fourteenth section I will read, for I want to ask some further ques tions in regard to it: "That the President be, and he is hereby, author ized to define the extent of country to be embraced within any consulate or commercial agency, and to provide for the appointment of vice consuls, vice commercial agents, deputy consuls, and consular agents therein, in such manner and under such regulations as he shall deem proper; but no compensation shall be allowed for the service of any such vice consul or vice commercial agent beyond nor except out of the allowance made by his act for the principal" consular officer in whose place such appointment shall be made; and no vice consul, vice commercial agent, deputy consul, or consular agent shall be appointed otherwise than in such manner and under such regulations as the President shall prescribe pursuant to the provisions of this act." [To the witness.] Now, sir, in the Department of State, have they ever undertaken to make a vice consul against the provisions of this act? The WITNESS. I am not aware that they ever have. Question. Or attempted it in any way? Mr. CURTIS. I now offer from the Department of State the document I hold in my hand, which contains a list of consular offices appointed during the session of the Senate when vacancies existed at the time such appointments were made. The earliest instance of it in this list is in 1837, and the latest one does not come down to the law which the honorable Manager has read. They are all prior to that law, and after the year 1837. [The document was handed to the Managers for examination.] Mr. CURTIS. I was mistaken in a date. I thought the honorable Manager read the date of the law as 1866. Mr. Manager BUTLER. Eighteen hundred and fifty-six. August 18, 1856. Mr. CURTIS. Then there are some which are subsequent to the law. They begin in 1837, and they come down to about 1862, if I remember rightly. I have not examined it minutely. Mr. Manager BUTLER. There was a prior statute of 1848 which was partly revived in the law of 1856. Mr. Manager BOUTWELL. Mr. Chief Justice, I wish to call the attention of the counsel for the respondent to the fact that it does not appear from this paper that these vacancies did not happen during the recess of the Senate. It merely states that they were filled during the session. As these were offices existing in remote countries the probability is that the vacancies happened during the recess of the Senate. Mr. CURTIS. It does not appear when the vacancies happened. The purpose for which we offer the evidence is to show that these temporary appointments were made to fill vacancies during the session of the Senate. Mr. Manager BOUTWELL. I only wish to give notice that we treat them as cases where vacancies happened during the recess of the Senate, it being perfectly understood that, according to the practice, vacancies happening during the recess of the Senate might be filled during the session of the Senate. There is no evidence to the contrary in the papers. Mr. EVARTS. We understand, then, that the Managers hold that a vacancy that happens in the recess may be filled during the session without sending a nomination to the Senate. Mr. Manager BOUTWELL. No. Mr. EVARTS. I thought that was what you stated. Is it not your proposition? Mr. Manager BOUTWELL. I only give notice that on that record we propose to treat these as vacancies happening during the recess of the Senate. Mr. EVARTS. And filled during the session. Mr. Manager BOUTWELL. That we do not know anything about; when they were filled. It does not appear that they did not happen during the recess. Mr, EVARTS. The certificate is to the effect that they were filled during the session of the Senate. Mr. Manager BINGHAM. We do not propose to settle the law of the case now. The CHIEF JUSTICE. The Chief Justice does not understand the honorable Managers as objecting to the reception of this document in evidence. Mr. Manager BOUTWELL. We do not object to the paper. I only give notice how we propose to treat it, on the face of the paper, as not showing that the vacancies happened during the session of the Senate. The document is as follows: To all to whom these presents shall come, greeting: I certify that the document hereunto annexed contains a list of consular officers appointed during the session of the Senate, where vacancies existed at the time such appointments were made. In testimony whereof I, William H. Seward, 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 11th day of April, A. D. 1868, and of the independence of [L. S.]' the United States of America the ninety second. WILLIAM H. SEWARD. Henry C. Bridges, appointed vice consul at KinKiang, China, May 16, 1864, on the resignation of W. Breck, consul. D. Thurston, appointed vice consul general at Montreal, May 31, 1864, on the death of J. R. Giddings, consul general. A. Duff, appointed vice consul at Demerara, 7th January, 1865, on the death of C. G. Hannah, consul. George W. Healy, appointed vice consul at Bombay, December 28, 1861, on death of L. H. Hatfield, consul. Robert Bayman, appointed vice consul at Funchal, March 24, 1864, on death of G. True, consul. E. Bremt, appointed vice consul at Hanover, February 18, 1861, on the resignation of J. S. Holton, consul. Alexander Thompson, appointed vice consul general at Constantinople, January 7,1860, awaiting the arrival of M. M. Smith, appointed consul general. Bernardo J. Arcanques, appointed vice consul at Bayonne, April 19, 1856, on resignation of John P. Sullivan, consul. Joseph Ayton, appointed vice consul at Carthagena, February 20, 1838, on the resignation of J. M. McPherson, consul. Thomas V. Clark, appointed vice consul at Guayaquil, December 31, 1857, on resignation of M. P. Gaine, consul. A. Lacombe, appointed vice consul at Puerto Cabello, January 23, 1865, on the transfer of C. H. Loehr to Laguayra. John Gardner, appointed vice consul at Rio Janeiro, September 15, 1839, on the removal of J. M. Baker. H. F. Fitch, appointed vice consul at Pernambuco, April 13, 1860, on death of W. W. Stepp. August Peixoto, appointed acting consul, December 7, 1864, on the removal of Thomas F. Wilson, consul, at Bahia. Samuel G. Pond, appointed acting consul at Para, December 2, 1862, on the death of M. R. Williams. Robert II. Robinson, appointed acting vice consul at Montevideo, March 12, 1858, on resignation of R. M. Hamilton. Amory Edwards, appointed acting consul at Buenos Ayres, December 28, 1840, on death of Slade. William L. Hobson, appointed vice consul at Valparaiso, July 17, 1840, on resignation of George G. Hobson. George B. Merwin, appointed vice consul at Valparaiso, December 5, 1854, on the resignation of Reuben Wood. W. H. Kelley, appointed vice consul at Otaheite, December 31, 1848, Mr. Hawes not having exequatur. D. B. Van Brundt, appointed United States consul at Acapulco, May 26, 1860, by Flag Officer Montgomery, on death of McMicken. GIDEON WELLES sworn and examined. Question. You are now Secretary of the Navy? Answer. I am. Question. At what time and from whom did you receive that appointment? Answer. I was appointed in March, 1861, by || Abraham Lincoln." Question. And have held office continuously until now? Answer. From that date. Question. Do you remember on the 21st of February last your attention being drawn to some movements of troops or military officers? Answer. On the evening of the 21st of February my attention was called to some move. ments that were being made. Question. How was this brought to your attention? Answer. My son brought it to my attention. He had been attending a party at which there had been an application from a son of General Emory, I think, and from one or two others, for any officer belonging to the fifth regiment or under the command of General Emory to repair forthwith to headquarters. Question. Your son had observed that and had reported it to you? Answer. He reported that to me. Question. Did you, in consequence of that, seek or have an interview with the President of the United States? Answer. I requested my son to go over that evening; but he did not see the President. Mr. Manager BUTLER. Stay a moment. We object to what was said. Mr. EVARTS. He says he sent his son, and his son failed to see the President. His attempt was first to send a message. The WITNESS. I was not well, and could not go myself. By Mr. EVARTS: Question. You attempted to send a message that night? Answer. I did. Question. State what happened on the following day? Answer. On Saturday, the 22d, I went myself, in the morning or about noon, to the Presi dent on that subject. I told him what I had heard, and asked him what it meant Mr. Manager BUTLER. We object to that conversation. The WITNESS. Very good. Mr. EVARTS. Is objection made to this? Mr. Manager BUTLER. Yes, sir; and be fore we speak to the objection I should like to ask the witness to fix the time a little more carefully. Mr. EVARTS. He has stated it exactly; about noon. The WITNESS. About twelve o'clock on the 22d of February. By Mr. Manager BUTLER : Question. How close to twelve, before or after? Answer. I should think it was a little before twelve o'clock. I will state a circumstance or two. The Attorney General was there when I went in. While I was there the nomination of Mr. Ewing was made out for Secretary of War, and was delivered to the Private Secretary to be carried to the Senate. Mr. Manager BUTLER. Stay a moment. Let us see what time he said that was. Mr. EVARTS. It is not time for crossexamination now. Mr. Manager BUTLER. No; but I submit, Mr. President, it is time for cross-examination upon the question whether the thing is admissible in order to ascertain the time. At one point of time it may be, while at another point of time it clearly is not admissible. Mr. EVARTS. It is quite immaterial, if you will go on and get through. Mr. Manager BUTLER. Quite immaterial what point of time? Mr. EVARTS. Immaterial whether you cross-examine now or hereafter. Mr. Manager BUTLER. I only want to fix it. [To the witness.] You think it was very near twelve? The WITNESS. About twelve o'clock. Question. Could it have been as early as half past eleven? Answer. No, sir; I do not think it was. Question. But between that and half past twelve some time? Answer. Yes, sir. Question. Within that hour? Mr. Manager BUTLER. Now, our objection Mr. EVARTS. Now I will proceed with my questions, if you please. Mr. Manager BUTLER. Very well. Mr. EVARTS. How far have we got now? Let the answer on this point as far as it has gone be read. Mr. Stenographer. The CHIEF JUSTICE. The stenographer will read what is desired. D. F. MURPHY, one of the reporters for the Globe, read from the short-hand notes of Mr. Welles's testimony, as follows: |