The New York herald., 1868-04-03

being countersigned by him. Then it would pass
into the office OF the Register OF the Treasury to be
there registered and thence to the Treasurer OF the
United States who on this requsition would issue
his draft for the payment OF the money. That is sub
have stated the different steps OF 1t accurately
q Would It go to the Second Auditor nrst9 A.
Quite possibly the requisitiOn would 90 first to the
Second or Third Auditor and then to the Comp.
trOller
O. Is there any method known to you by which the
President OF the United States or any other person
can get money from the Treasury OF the United
States, for the of the War Department, except
through requsltion OF the Secretary Of WARP A.
q. What is the course Of issuing q commission to
an officer Of the Treasury Department who has been
confirmed by the Senator A. A commission is pre-
pared in the department and signed by the Secre-
tary; il Is then forwarded to the President and
signed by him; it is then returned the Treasury
Department where, In the case of bonded officer,
approved. In the of officer not required by
law TO give bond the commission Is held until he
that that is the usual form. There are some ofcers
or the Treasury Department whose commissions
counersgned by the Secretary Of State instead OF the
secretarys has to be countersgned by the Secretary
OF state and not by the Secretary Of the Treasury.
Treasury himself issues from the office OF the Secre-
O. on the 10th of November 1867, was there any
vacancy in the office of Assistant Secretary Of the
Treasury A. There was not.
z. Was there vacancy up to the 30th OF NOvem-
ber2 A. There not.
z. Do you know Edmund Cooper?
Mr.. SrANBERY asked the object Of offering that
Mr.. BUTLER reped-The object is to show one OF
the ways and means. described IN the eleventh ar,
Gle, by which the President proposed to get control
OF the moneys OF the Treasury Department and Of
Wa be the SaS m mas y other
Mr.. SrANBERY-That is not sufficient answer to
Mr.. BurLER-It is sufficient for the time.
Mr.. EvARrs-What part of the eleventh article do
you propose to to connect % this testimony with
arucies Inc eiEnth article SAYS "tlat said Andrew
Johnson, uninlndful OF the hgh duties Of his office.
and OF his oath of ohce with intent unlawfully to
| control the disbursement of monaVs appropriated
for the military service and for the Department Of
was to place his private secretary in the once Of
Assistant Secretary Of the Treasury. The Assistant
| Secretary of the Treasury, as / understand ii, Is
| allowed by law to sign warrants.
Mr.. EvARrs said the Managers propose TO prove
Secretary OF the Trearury the President proposed
| appoint Edmund Copper Assistant Secretary. THAI
Is the idea is t2 We object to its relevancy under the
| eighth article as TO the eleventh article. The
honorable court will remember that in our
| answer we stated that there were suggestions
means whereby we could answer it, the only aliega-
tons there being that in pursuance of speech when
on the 2lst Of February, 1868 at the city OF Washing
ton, in the District oil Columbia nIawiuly and IN
| disregard Of the requirements of the constitution
| prevent the execution OF the Tenure OF once act;
The only allegations in that article are that on the
2lst OF February 1868, the President dl attcmpt 20
prevent the execution of the Tenure ol Office act 10y
| unlawiGliy contriving mems to prevent Edwin NJ
Stanton from resnmlng ms place IN the the War
| Department, and now proof is offered here sub
| siantvely OF Efforts IN November, 1861 10
appoint Edmund Cooper as Assistant Secretary
| Of the Treasury We object to such proof
Mr.. BUTLER-lhe objection Is twOIold; one Is that
the evidence is not competent; the Other IS That me
pleading is not sufficient. II IL said that the
pleading ia too general. II We were 10 fnd an indic
| ment AT common law for conspiracy and we're TO
make the allegations too general only objection
to that would be that 1t did not sufficiently nfoan
the defendants what act should be given IN evidence
and the remedy for u defendant IN that case 10
|
| Therefore indictments for conspiracy are generally
drawn as was the indictment in the Martha Wash
| ington case, giving one general count and then
several specific counts. ting out specific acts In
| the nature OF specifications so that ii the peader
fails in sustaining the specific acts The plea may
| hold good under the general court. We need not,
| say, discuss the question OF pleadnga The only
question IL, is this testimony competent? The din
Guilty that rests in the mind Of iearncds friend on
the other side is that they ulster everything abont
2lst of February only the Culm nation OF pur-
pose formed long before, as in the Presidents an
swer is set forth, to wit:As cary as the l2th Of
| August he says that he determined then TO get rid
! of Mr.. stanton at any rate used the words yes
! terday 'at all hazards" That may be subject To
criticism. Now, then, there are various things for
| the President to do. He must get control Of the
War ohice But what good would mat do II he
| could not get somebody IN the Treasury Depart
ment who would he his servant, his Nayc, de.
| pendent upon his breath TO answer the requl-
| st.on Of his pseuio offcer whom he might
appoint 10 the War Department ana ther, ore ne be-
glns early The appointment of Mr.. Cooper as As
| sistant Secretary OF the Treasury therefore
means on the part OF the President to get his hand
into the Treasury Of the United States We show The
| Senate that Mr.. McCullOch, the secretary Of the
Treasury. must have known that General Thomas
was appointed Secretary of War od tnter0a. The
President took means serve upon him au attcstcd
copy OF his appointment In order that he and Mr.
Cooper might recognize II. have YET 10 learn tnat
t WAS ever obected anywhere that when am trar-
ing mans motives aad wnen am tracing his cours
have not right To put in every act thit he doc-.
every thing that comes out OF my mouth ~ fart OF
| nv procf Let me II that IS not sustained
| hy authority. The question arose IN the trial oi
James Watt for high treason, IN ls7, before one OF
/ e and ftf it,.rf.
The objection there was precisely the one tnat ne
! learned counsel here raises. IL was alleged tha,
| certain reasonable speeches had been mace; tlcy
were not out in form, but 1t wa claimed mat
they could not be proved ~ overt acts The question
then vas whether cer'a,n o,ner 'pescnn%s
| the animus with which the first Sc; of speeches
had been made. LORD VI enpo,o1sh c'oeen
no over; act under which this evidence was receiva-
bic, 1t is u universal rale OF evidence lnat Whdt =
Marty saws NAV be given IN evidence against himself
10 pypa,n any part Of his conduct To which u bears
| ie'crencc.r The counsel for the defence sud I'VE
do not object that II ~ not evidence Dhl at u y nov
| uroof of inc overt act" Lor Eenborough sad,
| "Jhere can he no doubt that whatever proceeds
from the mouth OF a man may he gwen IN evidence
| aV1nst him to show the intention WIN which he
acts Jotio,t when II is under his own hands" "
| his declarations may he given IN evidence wny not
| Lisacisg wuu,d not trouble the presiding Oiicer-l
| would not have troubled the senatoi.-upon this
matter mad IL not been that there may other acts.
! an clustering around this grand conspiracy, which
| We propose prove II we are permitted to put tn
the evidence. The question ooIeciea % 10 s VINO y
| suusgse NY friends do not seriously mean TO object
to that. .,.-. - ..-...
| Mr. .'r,SBpRy-We asked what you expected to
| proye in reference 10 II.
| Mr. BrTLEi--l nave replied To- that propose 10
! urCye th4t Edmund Cooper took possession OF Az
si.tant secretary of the Treasury before the 5oIh OF
| November. SHOWING That the President gave cohl-
mission Illegally ana IN violation oi tnc ienu'T ~ v
| ONce act 10 which l wisn 10 cal attention. lhe
sNtn section OF that act declares that me Inakiie'
srning aud sealing. counter. Enln9 or l,suaNe gns
| enn,mt-aon or letter OF authority IN place ol a'i
oniccr whose removal has not been sent ~ the Sena'c
| shall be deemcd high misdemeahoI ueIeioic , ,''
,rv s,nV of mis- letter OF authority to Mr. Cooper,
thesignng il he did not Issue It, ana Tue ISSUING be
| aid not sign it, there being no vacancy ia lhe "lnSc,
is crime and Is part OF the great con, piracy. ING
question therefore viii be whethcr We VIII DC a""e'