The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-04-03

obligation 10 pTOuuCe tueso loIOcio'
There was no rule of evidence which
compelled them to introduce the mat
ter referred to. -
Chief Justice said-Counsel for the
President will please reduce their
to writing.
The objections were then written out
by Mr.. Curtis, and REID to the effect
''that he)letters was not evidence un-
ess sunless the managers produced the
enclosures referred to therein"
The Chief Justice said the letters was
now before the Senate.
Mr.. Stanbery said the Managers read
a letter from the President i'll which
reference was made to certain explana-
tory documents which, if not read as
part of the communication, left the let
ter without point.
Mr.. Wilson said it was true that the
President referred to certain enclos-
ures, but they insisted that this refer
ence had nothing to do with 1t.
Mr.. Conkling sent aquestion to the
Chair asking the counsel to read that
portion of the letter referring 20 the
enclosure.
Mr.. Stanbery read it, and the Chief
Justice put the question, whether the
objection of the counsel for the Presi-
aeut was to be sustained or not !"
Several Senators asked further, if the
objections were sustained if the EVIL
dence would be ruled out.
The Chief Justice replied in the atfir-
NATIVE. -..
The vote was taken, resulting-ayes
20, nays 90,
Soth objection was lost. r..
Mr.. Wilson produced the order OF tue
President, appointing Geaeral Lorenzo
Thomas, Secretary of War Gd interim.
The order was read at the request OF
counsel for respondent. The order adj
dressed to the Senate, removing him
from Office, was next read.
Mr.. Butler said they had an official
copy of the order No. II.
General Wallis was called and sworn,
and testified that he was in command
OF a Division of Washington since last
August; ON the 22d Of February he re-
ceived a note from COlonel Moore, Sec
rotary of the President; he received 1t
in the evening and went the following
to. the Executive Mansion to
see Colonel Moore; he wished to see
him about matter concerning himself;
his name had been sent to the Senate
for breret promotion; he was anxious to
tell him the result, which had been
that his name was SEE aside by the Sen
ate; he asked how the President was,
and Colonel Mooresaid lie was very well,
and asked, if. he wished to see him; he |
was soon after admitted to the PreSI-
dents presence at his own request; the
PRESIDENT asked him if any change had
been made in the, garrison of Washing
ton; he replied that four companies had
been ssnt to the Second Military Dis
brict.s r 81. r'.- +, .-E .r.. ..-- Il
cOn motion of Mr.. Drake, the Court
took recess of ten minutes.
William +. Chandler sworn and eX-
ahmed. ...., .......
Mr.. Butler. believe you were once
Assistant Secretary of the Treasury Z
| was.
@. Iu tho discharge of your duty did
you learn the routine by which money
was drawn from the Treasury Depart
mentf a.. did. 40
Will you state how money was drawn
Tor the use OF the War Department! A.
the Second Comptroller has charge of
he Naval and War Department ac-
,ouuts. The witness then explained
,he usual routine.
Q. Is there any method by which the
President of the United States eau get
money for the use Of the War Depart
neut, except through y requisitiOn of,
the Secretary of Warf A. | believe
not.
Q. What is the form of granting 4
A. A commission is pre-
pared and signed by the SECRETARY, then
to the President, who signs
it and sends it back to the Department,
when, if he is bonded officer, it is also
signed by the Secretary of the Treasury.
Mr.. Stanbcry asked the grounds upon
which the Managers asked the question.
Mr.. Butler replied that he wished to
know whether the witness thinks the
President has power to appoint his
private Secretary as Assistant Secre tary
If the Treasury.
Mr.. Evarts objected aud read the art-
lie upon which he based his objection.
Mr. Butler said the President had de-
,ermined to get possession of the War
and that he appointed
Ir. Thomas for that very purpose, and
appointed Mr.. Cooper to the Treasury
to overcome any financial
endorsements that might arise under
he appointment of Mr.. Thomas.
Mr.. Stanbery objected, and said that the
of Mr.. Cooper had nothing
% do with the csse. Clearly the Man.
Igers have n" authority to make a
,harge of high crime and misdemeanor
n this appointment. because they came
lere with u delegated authority to make
charge, found good by the House, and
lot to manufacture a charge here. They
lave no right to amend the articles;
hey must go to the House for that
light and then give us time TO answer.
Mr.. Bingham said the law was we'll
ettled that every independent on the
part of the accused looking to the ubject
natter of inquiry may be given in evil
lence, although it may be- the subject
natter of separate Indictment; the
'ule of the books is that whatever is
to prove the general charge
. V'hPCtShO Z" PApNO tuO Sullb'
Mr.. Butler said-In order that there
nay beg distinct proposition before the
Senate, We offer to prove that there is
10 vacancy in the Office of Assistant
Secretary of. the Treasury The Presi-
dent unlawfnliy appointed his friend,
and theretofore Private Secretary, Ed
munds Cooper, to that position as one
Of the means to defeat the tenure of of
ice act and other laws of Congress.
Mr.. Evarts objected.
The Chief Justice said he would sub
nit the question to the Senate.
AT the request of Sherman, Mr.. Butler
'ead the clauses of the 9Th article,
which charged the President with I'm
awful intent to control the disburse.
nents for military service and Depart
mont Of War and to prevent the execx-
ion of the act making an appropriation
'or the support of the army and clause
Of the 18th article, charging the Presi-
lent wi th nm n M tully pon ri yipr maonS