Ex parte Burdell

T. S. Burdell is the deputy-clerk of this court. I. S. Simons is chief clerk of the marshal. Each of them was a witness for the government in the case of U. S. v. Hayne, tried at this term. An order has been submitted giving to them, with others, foes of witnesses.

Mr. Burdell was appointed deputy-clerk of the court. He holds his office at ils pleasure. Rev. St. U. S. § 558. He can sign, as clerk, all process issuing from the court. Confiscation Cases, 20 Wall. 92. He takes the same oath of office as the clerk of the court. Section 794. *682He keeps the journal, swears witnesses, and otherwise…