The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-04-03


to Mr.. Stanton, removing him from Office wa
next read
Mr.. Butler said they had an official copy O
order No IL, of which Gen. Emory spoke.
was odmitted without objection
Gen. w allace was next sworn, and testified
ne was in command of the division of Wash
instol since last August. Gu the 22d of Feb
ruafy ne received note from Col. Moore, Sec
retary OF the President; he received it in tht
evening, and went the following morning t.
the Executive Mansion to see Col. Moore; he
wished to see him about matter concerning
himself; his name had been sent to the Senate
ior brevet promotion, and was anxious to tel
him the result, which had been that his name
was set aside by the Senate; he asked how the
President was, and Col. Moore said he was very
well, and asked if he wished to see him: Re
was soon after admitted to the Presidents pres.
ence at his own request; the President asked
him II any changes had been made in the gar
rson OF W ashlnston; he replied that four com.
| pahies had been sent to the I'd Military Dis
| trict.
| fore? ~ w. w
MI. EYarts objected as the President had
t ioS sent Tor the witness, and the question was
therefore out of order.
Mr.. Butler to witness-Well, you found out
next morning that you We're not reie cted by
| the Senate? -
Witness-I did not say rejected. 1 might
nave sad rejected in my testimony before the
4
MI Butler.-But why do you now change
| your phraseology and say set aside?
Wltness.-Well,I suppose have perfect
| right to use whatever phrase suits me.
| Mr.. Butler Yes, you have the right, but
| why did you say rejected? no ~,
| Mr.. Evarts.-He did not say rejected. He
| said set aside. r1.
:. MI. Butler, after a repetition of the qles-
tlon, ceased further examination of witness
and on motion of Mr.. Drake the Court took
recess OF ten minutes. s.t
VIM. e. Chandler was next sworn and testi-
fed. - :
Mr.. Butler. / believe you were once Assis-
tant Secretary Treasury? Al was "a
Q-When in discharge of your duty did YOU
learn the routine by which money was drawn
from the Treasury Department.? Al did.
Q.-Will you state how money was drawn
for the use of the War Department.? A-The
second Comptroller has charge of the Naval
and War Department accounts. Witness ex-
planned the usual routine. .l.
,Q.-Is there any method by which the Pres
ldent can get money for the use of the War
department. except through the requisition Of
the Secretary of War? Al believe not
Q-What is the form of granting commits
sionE "A commission is prepared and
signed by the Secretary, then transmitted to
Che PRESIDENT, who signs it and sends it back
to the department., when if he is a bonded
officer, it is signed by the Secretary of the
Treasury 5u1 =
Mr.. Stanbery asked the grounds upon which
the managers asked questions.
Mr.: Butler replied that he wished to know
whether the witness thinks the President has
the power to appoint his private Secretary or
Assistant Secretary of the Treasury.
Mr.. Eyarts objected, and read the article up
on which he based his objection.
MIR. Butler said the President had deter
mined to get possession of the War Depart
ment and that he appointed persons for that
very purpose, and appointed Mr.. Cooper to the
treasury department. to overcome auy finan-
ciai embarressments that might arise under
the appointment of Mr. Thomas
Mr.. Stanbery objected, that the appointment
OF MT. Cooper had nothing to do with the
case. Clearly the managers have no authority
to make q charge of high crime and INSIDE
meanor IN this appointment, because they
came here with delegated authority to make
the charges that have been good by the House
ana not TO manufacture charges here. They
nave no right to amend the articles. They
must go to the House for that right, and then
give US time to answer and meet the charge.
Mr.. Bingham said the law was well settled
that every independent act on the part of the
accused, looking to the subject matter of in
curry, may be given in evidence, although they
may De subject matter of a separate indict-
ment. The rule of the books is that whatever
is competent to prove the general charge is
competent to prove the guilt.
Mr. Butler said, in order that there may be /
dstlnet proposition before the Senate, we
oner to prove that there being no vacancy in
the once OF Assistant Secretary of the Treas
ury, the President unlawfully appointed his
friend and heretofore private Secretary, Ed
muhd cooper, to that position, as one of the
means to defeat the tenure of office act and
other laws of Congress.
Mr.. Evarts objected
The Chief Justice said he would submit the |
question to the Senate at the request of Mr. |
Sherman
Mr.: Butler read clauses of the 8th article, |
Whlca charged the President with unlawful |
intent TO control disbursements for the militia
ry service and the Department of War, and to |
pervert the execution of the act making APP |
Preparations for the support of the army, and |
a clause OF the 18th article charging the Pres
ldent with unlawfully contriving means to pre- |
vent Mr.. Stanton from forthwith resuming the |
functions of Secretary of War. Mr. Butler |
SAID the managers claimed that the appoint |
menu OF blr. Cooper was a part of the machn- |
cry to carry out the design of the President. 1t |
was clear that the Presidents design was to |
ger somebody IN the Treasury who would sign |
warrants on requisition of Mr.. Thomas.
senator johnson requested the managers to |
say Wnether they proposed to show that Coop |
en- was appointed by the President in Novem- |
Der, 1861, as means to obtain unlawful pos |
session OF the public money other than by the |
prominent itself.
Mr.. Butler answered in the affirmative.
Senator Henderson requested the testi- |
hohy OF witness in reference to the mode and |
manner OF obtaining money on reqisitons of |
the Secretary of War.
At the suggestion of the Chief Justice wit |
ness was re-examined and said, there can be |
no money drawn from the Treasury on the sig |
nature OF an Assistant Secretary except when |
be is acting as Secretary. in the case of remov-
al or absence of the Secretary; however the |
Assistant Secretary performs all acts of Sec |
rotary.
Senator Cameron asked if the Assistant Sec |
rotary can, under the law draw warrants for
the payment of money without the direction
OF the Secretary of the Treasury. ~
Witness replied that the Assistant Secreta-
ry can sign warrants, but they are presumed
TO be with the consent and approval of the
Secretary.
The Chief Justice put the question whether
the proof proposed by Mr.. Butler should be
admitted. Yeas %, nays q. Sol the testimony
was not offered. + 1
Charles A. Tinker was sworn and testified.
Was in charge of the Western Union Tele-
graph office in Washington; formerly had
charge of the telegraph Office in the War De-
partment; identified copy of dispatch from
Lewis U. Parsons, of Montgomery, Ala, to
follows:
Montgomery, Jan. II, 1866. His Excellency,
Andrew johnson, President:-The Legislature
is III session; efforts will be made to reconsid-
er the vote on the constitutional amendment;
report from Washington says an enabling
act will pass; we do not know what to believe
(SlgnedD LEWIS G. PARSONS,
Exchange Hotel.
y. o. 1Istatdry Telegraph, Executive Office, |
washington, ID. c., Jan. II, 1867.-Hon. Lewis
U. Parsons, Montgomery What positive good
can be obtained by reconsidering the Consti-
tutonal amendment? know none in the
present posture of affairs. do not believe the
people of the whole country will sustain any
set of individuals in the attempt to change the
whole character of our Government by enab-
ling acts in this way. 1 believe, on the con- 4
trary, that they will eventually uphold all who
have patriotism and courage to stand by the
Constitution, and who place their confidence
in the people. There should be no fattering
on the part of those who are honest in the de-
termination to sustain the several coordinate
departments of the Government in accordance
with its original design.
ASlgned) ANDREW JOHNSON.
Mr.. Butler claimed that the evidence was
competent either under the 10th or 18th arti-
cles. jos.
Mr. Curtis said the 10th article sets out
speeches and not kilograms. ~
Mr.. Butler admitted this, but argued that
this telegram was one of the>steps taken by
the President to array the people against the
lawful act of Congress and put it into odium
and contempt
Mr.. Evarts recited the articles uamnd, and
argued that the dispatches were not pertinent
to the charge. ~
Mr. Boutwell, eontended for the admissible
ty OF the evidence, as being in substance the
same as the Presidents speech OF the 18th of
August. -tf.
Mr. Howard asked what amendment of the
Constitution was referred 10 in the Presidents
DISPATCHES
Mr.. Butler.-The 14th. n