Mr. CURTIS. Mr. Chief Justice, we now desire to put in evidence rather in a more formal manner than has been done heretofore, although the substantial facts have been brought before the Senate, we believe, by the honorable Managers themselves, the proceedings which took place at the time of the removal of Mr. Pickering by Mr. Adams, accompanied by a certificate that the letters to and from various persons between the 29th of June, 1799, and the 1st of May, 1802, have been for many years missing from the files of the Department of State. The correspondence itself, therefore, cannot be produced from the originals, or from copies of the originals, but no doubt they are correct, as those letters were read the other day by the honorable Managers from a volume of Mr. Adams's works. They are the same letters. The letters are not here; they are not in the Department; but they are printed in that volume and were read from the volume the other day.

Mr. Manager BUTLER. Wait a moment. We are not certain about this. [After an examination of the documents offered in evidence.] Do I understand the counsel for the President to say that these papers show anything different from what was shown by the Managers?

Mr. CURTIS. No. I stated that in substance the matter was now before the Senate, but we wanted the formal documents to be put in.

Mr. Manager BUTLER. The only difficulty I find is this: that you do not put in all; you do not put in what was done on the 12th of May as well as the 13th of May, 1800.

Mr. CURTIS. We put in what there is here. Mr. EVARTS. You have already put in the other.

Mr. Manager BUTLER. Very good. Mr. CURTIS. We offer these documents from the Department of State.

Mr. Manager BUTLER. Very well.

The documents thus offered in evidence are as follows:

UNITED STATES OF AMERICA,

Department of State:

To all to whom these presents shall come, greeting: I certify that the document hereunto annexed is a true copy, carefully examined and compared with the original resolution of the Senate, dated 13th May, 1800, and filed in this Department, confirming John Marshall of Virginia, to be Secretary of State, and Samuel Dexter, of Massachusetts, to be Secretary of the Department of War.

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 5th day of March, A. D. 1868, and of the independence [L. S.] of the United States of America the ninetysecond. WILLIAM H. SEWARD.

UNITED STATES OF AMERICA,
IN SENATE, May 13, 1800.

The Senate proceeded to consider the message of the President of the United States of the 12th instant, and the nominations, contained therein, of

The Hon. John Marshall, esq., of Virginia, to be Secretary of State, in the place of the Hon. Timothy Pickering, esq., removed.

Resolved, That they do advise and consent to the appointments agreeably to the nominations respectively. SAMUEL A. OTIS, Secretary.

Attest:

The CHIEF JUSTICE. The executive clerk of the Senate desires to correct a statement made in respect to the nomination of Mr. Ewing. Mr. Clarke will make the correction.

D. W. C. CLARKE recalled.

The WITNESS. I stated in my examination that the nomination of Mr. Ewing was brought to the Senate on the 22d of February. I did so in consequence of a memorandum which I found at the bottom of my sheet. I find, by investigation since, that I made that memorandum from the fact that it was brought to the Senate Chamber on the 22d of February by Mr. Moore, but the Senate was not in session, and he returned with it to the Executive Mansion. He brought it up with one other message and the message of the President in relation to the removal of Mr. Stanton on the

24th, and it was then submitted to the Senate. By Mr. CURTIS:

Question. I want to see if I correctly understand you. I understand your statement now to be that Colonel Moore brought it and delivered it to you on the 22d, but the Senate had adjourned?

Answer. No, sir. He brought it up on the 22d; he did not deliver it to me.

Question. He brought it?

Answer. He brought it on the 22d, but the Senate was not in session, and he took it back to the Executive Mansion.

Question. And on the 24th he returned, and then it was formally brought in? Answer. That is it.

By Mr. Manager BUTLER :

Question. How do you know that he brought it here; of your own knowledge?

Answer. Only by the information of Colonel Moore.

Question. Then all you have been telling us is what Colonel Moore told you?

Answer. Yes, sir; that is, all in regard to the nomination.

Mr. Manager BUTLER. Very well, sir; we do not want any more of Colonel Moore's information from you.

Mr. CURTIS. We will call Colonel Moore.
WILLIAM G. MOORE recalled.
By Mr. CURTIS :

Question, (handing to the witness the message nominating Thomas Ewing, sen., as Secretary of War.) What is the document you hold in your hand?

Answer. The nomination to the Senate of Thomas Ewing, sen., of Ohio, to be Secretary for the Department of War.

Question. Did you receive that from the President of the United States?

Answer. I did.

Question. On what day?

Answer. On the 22d day of February, 1868.
Question. About what hour in the day?
Answer. I think it was after twelve o'clock.
Question. And before what hour?
Answer. And before one.

Question. Between twelve and one?
Answer. Between twelve and one.
Question. What did you do with it?
Answer. By the direction of the President
I brought it to the Capitol to present it to the
Senate.

Question. About what time did you arrive here?

Answer. I cannot state definitely, but I presume about a quarter past one.

Question. Was the Senate then in session, or had it adjourned?

Answer. It had, after a very brief session, adjourned.

Question. What did you do with the document, in consequence?

Answer. I returned with it to the Executive Mansion, after a visit to the House of Representatives.

Question. Were you apprised before you reached the Capitol that the Senate had adjourned?

Answer. I was not.

Question. What did you do with the document subsequently?

Answer. I returned with it to the Executive Mansion, after having visited the House of Representatives.

Question. Was anything more done with the document by you, and if so, when, and what did you do?

Answer. I was directed by the President on Monday, the 24th day of February, 1868, to return and deliver it to the Senate.

Question. What did you do in consequence?
Answer. I obeyed the order.

Cross-examined by Mr. Manager BUTLER:
Question. Was that open and as it is now,
or in a sealed envelope, when you took it?
Answer. In a sealed envelope.
Question. Did you put it in yourself?
Answer. I did not.

Question. Did you see it put in?
Answer. I did not.

Question. How do you know what was in the envelope?

Answer. It was, I believe, the only message I brought that day; I gave it to the clerk, who sealed it and handed it to me.

Question. And then did you unseal it again at all; or did you examine it to see what was in it until you left it here on the 24th?

Answer. I did not, to my recollection. Question. Did you show it to anybody here in the House on that day?

Answer. No, sir; it was sealed. Question. Have you spoken this morning with Mr. Clarke here upon this subject?

Answer. He asked me upon what date I had delivered the message. I told him the 24th.

Mr. CURTIS. I now offer.in evidence, Mr. Chief Justice, a document which I desire to be read by the Clerk.

Mr. Manager BUTLER. Allow me to see it before it is read.

Mr. CURTIS. Certainly.

[The document was handed to Mr. Manager BUTLER and examined by him.]

Mr. Manager BUTLER. We have no objection.

The CHIEF JUSTICE. The Secretary will read the document.

The Secretary read as follows: UNITED STATES OF AMERICA,

Department of State:

To all to whom these presents shall come, greeting: I certify that the document hereunto annexed is a true copy, carefully examined and compared with the original record of this Department, authorizing "John Nelson, Attorney General, to discharge the duties of Secretary of State ad interim until a successor to A. P. Upshur shall be appointed," and that this appointment was made during the session of the Senate.

I further certify that the confirmation by the Senate of John C. Calhoun to succeed Mr. Nelson is a true copy of the original filed in this Department.

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 the 6th day of April, A. D. 1868, and of the independence of [L. S.] the United States of America the ninetysecond. WILLIAM H. SEWARD.

The Hon. John Nelson, Attorney General of the United States, will discharge the duties of Secretary of State ad interim until a successor to the Hon. A. P. Upshur shall be appointed.

The Department of State will be put into mourning for the death of the Hon. Abel P. Upshur, late Secretary of State; and all foreign envoys and ministers of the United States, and other officers connected with the Department of State, whether at home or abroad, will wear the usual badges in token of grief and respect for his memory, during the period of thirty days from the time of receiving this order. February 29, 1844. JOHN TYLER,

IN SENATE OF THE UNITED STATES,
March 6, 1844.

Resolved, That the Senate advise and consent to the appointment of John C. Calhoun, of South Carolina, to be Secretary of State in place of Abel P. Upshur, deceased, agreeably to the nomination. Attest: ASBURY DICKINS, Secretary.

Mr. CURTIS. I now offer in evidence another document, which I also wish to be read by the Clerk after it has been inspected.

[The document was handed to the Managers.] Mr. Manager BUTLER. We have no objection to this.

The CHIEF JUSTICE. The Secretary will read the document.

The Secretary read as follows: UNITED STATES OF AMERICA,

Department of State:

To all to whom these presents shall come, greeting : I certify that the document hereunto annexed is a true copy, carefully examined and compared with the original record of this Department, authorizing Winfield Scott to act as Secretary of War ad interim, during the vacancy occasioned by the resignation of George W. Crawford, and that this appointment was made during the session of the Senate.