Year: 1868

here. What is the ground on which they seek to
prove anything In relation to Mr. "COPPER" They say
they expect TO prove that Mr.. Cooper was put into
the office of Assistant Secretary OF the Treasury by
the President In order 10 control the disbursements
OF money In that department ne MoM ,S Mere neces
the appointment of General Ihornas as means used
by him to get control of the public moneys of course
it would he equally necessary TO have an article
founded the same line OF conduct in regard to Mr.
Cooper. ~,


law to be well settled and accepted everywhere in
this country and in England that every independent
act the part OF the accused looking to the subject
go no further than that. We undertake to say, ON
very high and commanding authority that it
acts showing the purpose OF the accused
10 bring about the same general results, although
they may be the subject matter OF separate
II person is charged with having counterfeit notes
In his possession OF certain denomination IL s COM
petent to show that he was In possession Of other
counterfeit notes OF different denomination and the
rule Of the books is that whatever is competent to
prove the general charge is competent TO prove the
intent. WHAT is the allegation in the eleventh
articleY That the President for the purpose of set
ting aside and defeating this law


Mr.. STANBERY-What lawY


Mr.. BNGHAM-The Tenure OF ONCE act Resum-
ng-I undertake to say that by the existing law the
only be reached in the Treasury through requistion
drawn by the Secretary Of War. There is an inde-
pendent act done by the accused for the purpose Of
aiding this result. HOw9 BY appointing an Assist
ant Secretary of the Treasury, who under the law
and regulations, authorized to sign warrants that
may be drawn on the Treasury. In other words, by
appointing person discharge the very duty which
would enable him to carry out the design with
which we charge him If the appointment
with the matter. II it does, of course it has
stops with the simple inquiry "who Edmund Cooper
IS OF course it throws no light on the subject but II
the testimony discloses such relations to the Pres-
dent and an appointment under such circumstances
rs to indicate the intention Of Mr. Cooper to cOope
rate with the President in this general design APP
prehend it throws great deal OF light the subject.
In OF the removal Of the head OF the Treasury
Department then this assistant head of the Treasury
would have controlled the whole question. l am
free to say that If nothing further be shown than the
appointment OF Mr.. Cooper 1t Will not throw any
light on the subject but do not so understand the
matter.


Mr. BUTLER-In order that there may be distinct
proposition before the Senate we offer to prove that
Secretary of the Treasury, the President unlawfuly
appointed his friend and his heretofore private
secretary, Edmund Cooper, to that position, one
of the means by which he intended TO defeat the
Tenure Of ONCE act and the other laws Of Congress-


Mr.. EvARrs suggested that date should be
inserted.


Mr. BUTLER said he would insert date satisfac-
tory to himself. He then modified his proposition so
TO read, "We offer to prove that after the Pres
the Office Of Secretary Of War, in spite of the action
of the Senate there being no vacancy in the Office OF
Assistant Secretary of the Treasury" &c.


Mr. EvARTs suggested that that did not indicate
1he date sufficiently.


MT BuTLER-I think if the learned gentlemen will
tI.aughter.(


Mr.. EvAErs-of course; only ask you to name
date.


MIR. BUTLER repeated the offer.


The CHIEF JUSTICE asked the counsel for the Presi-
dent II they desired to be heard in support Of the
objection.


Mr.. EvARTs replied no; we simply object. 1t
Ought not to need any argument


The CHIEF JUSTICE said he would submit the ques-
ton TO the Senate whether the testimony ought to be
submitted.


Senator SHERMAN requested the Managers to read
She particular clauses OF the eighth and eleventh
articles to prove which the testimony Is offered.


Mr. BUTLER replied by reading that part OF the
eighth article which charges the President with IN
7ent unawfully to control the disbursement OF money
appropriated for the military service and for the
department OF War; and also by reading that part
attempting to- devise and contrive means


"n Of an ae eSea 'ae ae. Making
appropriations for the support Of the army" lie
also read that part OF the eleventh article which
charges the President with unlawfully devising and
>cOntriving and attempting to devise and cOntrive
means by which he should prevent Edwin NJ. Stan.
iton from forthwith resumng the functions of the
Office of Secretary for the Department OF War not.
withstanding the refusal OF the Senate to concur In
the suspension heretofore made He said that in that
connection the Managers claimed that the appoint
ment OF Mr.. Cooper was part OF the machinery
60 carry out the design Of the President.
Mccull6ch would answer to requisitions Of General
Thomas or OF anybody else whom the President
,ngh put in the office OF Secretary OF War II Stanton
should hold out. II was clear that the President
knew he would not do so therefore the Presidents
design was to get somebody in the Treasury who
would sign warrants on the reqnisitiOn Of General
Thomas. In this way the President would have Got
The whole army and treasury of the United States i
his control and it was with thai intent that he made
& Senator JORNsQk put the fonn iii Question to the
Managers In writing:-' The Managers requested
20 say whether they propose to show that Cooper
was appointed by the President in November, 1861
as meaps to obtain the unlawful possession Of the
public money other than by the appointment itself.p


Mr.. BUTLER-We certainly do. We propose to
show that he appointed him, and that thereupOn
Cooper went into the exercise of the duties OF the
office before his appointment could by any posi-
bilty be legal. We hope and believe that we show
that he has been controlling other public moneys
since.


senator HENDERSON requested tnat the testimony
OF Witness In reference 10 the mode and manner Of
obtaining money requsitions Of the Secretary Of
War should be read.


= The CHIEF JUSTICE remarked that the witness
might be asked 10 repeat his statement


Senator HENDERSON said that his object was 10
know whether money could be obtained on the
signature OF the Assistant Secretary instead Of the
Secretary.


Mr.. BUTLER proceeded to examine the witness on
that point.


q. State whether the Assistant Secretary Of the
Treasury can sign warrants for the payment OF
money!


Mr.. EvARrs-That is no, the question


Mr.. BrTiER 20 witness-State whether on the re-
,quiston OF any department OF the government the
Assistant Secretary of the Treasury can siqn war
rants ON the Treasury for payment Of money!


Witness-Until the passage of the late statute
whenever the secretary OF the Treasury was present
and acting money could not he drawn from the
Treasury on the signature of the Assistant Sccre-
tary. An net has been passed within year allow
ing the Assistant Secretary 10 sign warrants for
the payment OF money into the Treasury
covering In warrants and warrants for the payment
of money on accounts stated. nut the practice attn
continues OF honoring all customary warrants by the
signature OF the secretary of the Trcasury the war.
saats prepared and the initials OF the Assistant
secretary are put upon them, and they are sivneI



scented.


senator FEsSENDEN asked that the law 90 which
witness referred might be read


While the messenger was gone for the statutes m,
CHIEF JUSTICE slId lac would ASK the witne-.
whether before the passage of the act 70 which ht
referred amy warrant could be drawn by The Assist
ant Serreery unless he was acting secretary IN ihC
absence Df the SecrctaryY


Mnncss-Thcre cou.d not. No money can bf
drawn from the Treasury on the signature VI TIC
Assistant Secretary unless when he Is acting a.
Secretary.


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