The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-04-03

the order addressed, to M. StSCtoL'
read. ,'
Mr.. Butler said they had one Official
copy of Order No. IL, of which General
Emory testified, it was admitted With
ont objection.
Gen. Wallis was called and sworn.
ana testhed-He was in command OF
Inc Division Of Washington since last
August; on the 22d of February he re-
ceiVed note from Col. Moore, Score
tAry of the President; he received II in
the evening and went the folioWin1
morning to the Executive Mansion 70
Col. Moore; he wished to see him about
matter concerning himself; his name
had been sent to the Senate for breyet
promotion, and he was anxious to tell
him the result, which had been that his
name was set aside by the Senate; he
asked now the President was; Colonel
Moore said he was very well, and
asked II he wished to see him: he was
soon after admitted to the Presidentis
presence at his own request; the Presi.
dent asked him if any changes had
oeen made In the garrison of Washing
tODi he replied that four companies had
been sent to the Second Military Dis
trict.
On montion of Mr.. Drake, the Court
took recess of ten minutes.
VIM. E. Chandler was sworn and ex-
amined.
Mr.. Butler-I believe you were once
Assistant Secretary of WARP
a. Twas.
O., In the discharge of your duty did
you learn the routine by which money
was drawn from the Treasury Depart
ment2
A. 1 did.
Q. Win you state how the money
was drawn for the use of the War De-
pRrtment?
A. The second comptroller has
charge of the Naval and War Depart
ment accounts. ..
The witness then explained the usual
Q. Is there any method by which the
President of the United States can get
money for the use of the War Depart
ment except through a requiSition of
the Secretary of War?
A. believe not.
Q. What is thu form of granting a
commission?
a. A commission is prepared and
Rigned by the Secretary, and then
transmitted to the President, who signs
IL and sends it back to the Department,
when, If he is a bonded officer, it ia al
SO signed by the Secretary of the Treas
| ury.
on which the Manager asked the Ques-
tion2
Mr.. Butler replied that he wished to
know whether witness thinks the Pres
ident has the power to appoint his pr:-
vate secretary as Assistant Secretary OF
the Treasury.
Mr.. EvarIs objected, and read the
article upon which he based his OBJ
| jections.
Mr.. Butler said the President had de-
termined to get possession of the War
Department, and that he appointed
Thomas for that very purpose, and ap-
| pointed. Cooper to the Treasury De.
| embarrRsments that might arise un-
| der the appointment of Thomas.
Mr.. Stanbery objected, and said that
| the appointment of Cooper had moth
| ing to do with the case; clearly the
Managers have no authority to make
the charge of high crime and misde-
| meanor in this appointment, because
they came here with a delegated author.
ity to make charges found good by the
House, and not to manufacture 8
cnarge here. They have no right tC
amend the articles. They must go tC
the House for that right, and then give
us time to answer.
Mr.. Bingham said the law was well
settled that every independent on the
part OF the accused, looking to the sub
ject matter of inquiry, may be given in
| evidence, although they may be the
subject matter ofa separate indictment
The rule of the book is, that Whatev el
is competent to prove the general
charge, is competent to prove the guilt
Mr.. Butler said, in order that there
may be a distinct proposition before
the Senate, we offer to prove that there
be no vacancy in the office of Assistant
Secretary of the Treasury. The Presi
dent unlawfully appointed his frienC
and Heretofore Private Secretary, Ed
munds Cooper, to that position as ont
of the means to defeat the tenure.of
Office act, and other laws of Congress.
Mr.. Eyarts objected.
The Chief Justice said he would sub
NIT the question to the Senate.
at the request of Senator Sherman
Mr.. Butler read the clauses OF thG
eighth article which charged the Presi
dent with an unlawful intent to con
troll the disbursements for the military
service and the Department of War
and to prevent the execution of an ac
making appropriation for the support
of the army, and the clause of tbs
eleventh article charging the Presiden
| prevent 3. NJ. Stanton from forthwith
resumiug the functions of Secretary o.
| War.
Mr.. Butler said the Managers claimed
4 that the appointment of Cooper was 9
| part of the machinery to carry out the
| design of the President. 1t was clear
| the Presidents design was to get some
body in the Treasury who would sign
warrants on the requIsitiOn of Thomas.
Senator Johnson asked whether they
| (the Managers) proposed to show that
Cooper was appointed by the President
| in November, 1867, as a means to OBJ
tain unlawful possession of public
money other than by appointment
| itself.
Mr.. Butler answered in the aff1rma.
tive.
Senator Henderson requested the tes-
timony of the witness, In reference 70
the mode and manner of obtaining
money on requisition of the Sscreta-
! ry of War, should be read.
At suggestion of the Chief Justice
| the witness was re.e1amined. He said
there can be no money drawn from the
| treasury on the signature of the Assis-
tRnt Secretary, except when he is Act
| ing as Secretary. In case of removal or
absence of the Secretary, however, the
| Assistant Secretary performs all the
acts of Secretary.
Senator Cameron asked II the Assis-
tant Secretary can, under law. draw
| Warrents for the payment of money
| without the direction OF the Secretary
/ of the Treasury.
| Witness replied that the Assistant
| Secretary can sign warrents but they
are presumed to be- with the consent
| of the Secretary.
The Chief Justice put as a question
/ whether the proof proposed by Mr..
| Butler should be admitted.
Yeas, q; nays, q.
The testimony was not permitted to
/ be offered.
Charles A. Tinker, sworn and testi-