New-York tribune., 1868-04-03
TIE IMPEACHMENT TRIAL.
Continued from First Page.

III . dcsssI the Tenure-of Office act and the other
i,yyOf Congress. 10 sto,ta ho irsarted
" RirTI FIsaid he would insert date satisfactory
Nsmself' lie then modified his proposition so as TO
we & onS[ 10 Pg'ef of Mr. Stanton from the Office OF
ue.ary of War In spite OF the actlOn OF Ihe oehdte
thee being no SaSSn'eS @ = tc - Wv 70
ta 81 EVSRTs suggested that that did not indicate the
dMg dM, thnk IL the learned gentleman will
,row me / VIII make my offer as Ike IL myself
Tr IESyIARTs-of course only ask you to name
d,e rrrIER repeated the offer.
Tbe eCiIITF-JUSrICE asked the counsel for the Presi
apt they desired TO be heard in support OF the oDec
uIw9r EyARTs repliod-NO; simply object. 1t ought
neI 70 TFF nTTT sTiCE said that he would sumit the
question TO the Senate whether the testimony ought TO be
soatSr SHERMAN requested the Managers to read the
ticular clauses Of the sth and llth articles TO prove
Which the testimony Is offered:
Nr BUTLER replied by reading that part OF theeighh
article which charges the President with intent unaw
tv 10 control disbursements of money appropriated
f1 he military service and for the Department of War
lni also by reading that part OF the eleventh article
hich charges the President with unlawfully devsng
pd contriving and attempting to devise and contriye
esus then and there 10 prevent the execution OF an act
itlcd an act making appropriations for the support of
sbs army" He also read that part of the eleventh
article which charges the President with unlawfully
gsvspg aud cOntrying and attempting to devise and
,ntfve means by which he should prevent Edward N.
stanton from forthwith resuming the functions of the
se of Secretary for the Department of War nowith-
sanding the refusal Of the Senate concur in the sus-
Ssgson heretofore made He sad that in that cOnnec-
ron the Managers claimed that the appointment of Mr.
C,s,per was part OF the machinery to carry out
the design of the President The question was.
n, said whether Mr. McCuloch would answer
q acquisitions Of Cen Thomas, or OF any
,lody else whom the President might put in the
ece Of the Secretary Of War; II stanton should hold out
was clear that the President knew he would not do So
therefore thePresdents design TO get somebody IN
lie Treasury who would sign warrants on the reqnsiti0n
of Gen Thomas In this way the President would have
M the whole army and Treasury of the United states in
rs control and was with that intent that he made the
appointment Of Cooper
senator JOHNSON put the following question to the
Managers in writing:
Tile Managers are requested to say whether they pro
ps 20 show that Cooper was appointed by the President
November, 1861 means to obtain the unlawful pos
Ssion OF the public money other than by the appoint
ment itself"
Mr. BUTLER-We certainly do We propose to show
tat he appointed him. and that theGeupOn Cooper went
Hto the exercise OF the duties OF the obce before ms
aud believe that show that he has been controlling
other public moneys since.
senator HENDERSON reque sted that the testimony Of
IN reference 10 the mode aud manner OF obtain
ng money on acquisitions OF the Secretary OF War De
The CHIEF-JUsTICE remarked that the witness
,cnatoF HENDERSON said lis object was TO know
hehor money could be obtained ON the signature of the
Assistant secretary instead OF the Secretary. .
Mr. BUTLER proceeded to examine the witness on that
state whether the Assistant Secretary of the Treas
g.y tar sign warrants for the payment of money.
Nr ENARTS-That Is not the question.
Nr BUTLER to witncss-State whether on the requisi
tom % any Department of the Government the Assist
sscetary OF the Treasury can sign warrants on the
=; itc statute whenever the Secretary of the Treas
NV Ns present aud acting money could not be drawn
fjm the Treasury on the signature OF the Assistant
srctgry act has been passed within a year allow
f thr notwithstanding to sign warrants for the pay
rat D money INTO tine Treasury covering IN warrants
lf tbs payment OF money On accounts stated, but the
t,ctct stll continues OF honOrng all customary war
T y the Signature OF the Secretary Of the Treasury
prepared and the lnitlas OI me Assist
secretary put upon them and they are signed by
secretary Of the Treasury when they are presented
senator FEssENDEN asked that the law to which wit
ms referred TO might be read.
RliIc The messenger was gone for the statutes the
C,ilEFJUSTICE said he would ask the witness whether
the passage OF the act TO which he referred, amy
could be drawn by the Assistant secretary unless
va Acting Secretary IN the absepee OF inc secretary
snry the signature OF the Assistant Secretary un-
l,s, when he is acting as Secretary,
N- BUTLER-Q When the Assistant secretary acts
% zoe secretary does he sign al warrants i0r inc pay
~ yOfcourse lie signs all warrants Tor the payment OF
senator CAMERON SAID he desired to ask the Senator
he CMiEF JUSTICE reminded the Senator that the
Tfs required questions by senators 70 DC Icuuoeu "
WLi. senator Cameron was writing ont his question.
Nf BUTLER read the act referred to by Mr. Chandler
rc declares that the Secretary Of the Treasury sha
he power 10y appointment to delegate one Assistant
rct,ry ~ sign ia his stead all warrants for the pay
money into the public treasury. and All warrants
- ,1t Wy dnv auditc6 and settled Snd a warrants
sned are 10 have the same validity as If signed by the
HH',etlry himself.
,.- EYARTs- What Is the date of this lawl
gr DUTLER-March 2, 1867.
- withess-fn case Of the removal absence Of the
stary OF the Treasury does the Assistant Secretary
o.n al the acts Of the seefctaryi A Ihat Is the
- ,gas only asking about the practice. Is that the
J. trr' a. am not certain that II Il without an aP-
p.Ecn acting Secretary, signed by the President
Sa1r Cameron sent up his question an WIlthg as iol-
a. ln the Assistant Secretary Of the Treasury, under
1a draw warrants for payment Of money btDe Treas
uc without tie direction Of the Secretary Of the Treas
Wtncs-snce the passage Of the act understand that
Assistant Secretary sign warrants Tor the pay
c Of money IN the cases specified winch Is presumed
TT
,.aIor CAMERON desired to ask the witness another
q 'siiOn without reducing II 10 writing.
.he ClIIEFJUsTICE said he could do so II there was
satiorWIIIIAMs objected.
suaior CAMERON said he had merely desired to ask
rse CIiiLFJUsiICE said that the Senator was in
u BUTLER asked the question suggested whether it
the practice for tho Assistant Secretary 10 sign
Wgrintsl
S.tnysssnce the passage OF the act in question it has
5Iator FEssENDEN submitted the following question
SIthg: Has II been the practice since the passage
mis- law for Assistant Secretary OF the Treasury 10
Az, warrants, unless lac specially appointed ana au-
uzed by the Secretary OF the Treasuryi Has any As
secretary been authorized 10 sign any variants,
u less such specified In the actT
6tnessIt has not been the practice Of an Assistant
Secretary the passage OF the act 10 sign warrants,
uess appointment by the Secretary for tat purpose
accordance with the provision OF the act immediately
The passage act the Secretary authorized one
OF bis Assistant Secretaries 10 sign warrants OF the char
er described IN the act ana they nave peen custom
sy signed by that Assistant Secretary In all cases since
Hs any Assistant Secretary been authorized sign
az warrants except such specified ia the acti A
NJ Assistant Secretary has been authorized 10 sign war
fa except such specified Ia that act unless ne
fhe CiiIEF JUSTICE put the question to whether
' proof proposed by hr Butler should M ps Says 1
AAse csIsst SsniI rr' ss.9.q SS%ss[
S. 80 s , Bs.s F.sa:. $:ss2r J;iS,:a 5.ss. -