The Managers are requested to say whether they propose to show whether Mr. Cooper was appointed by the President in November, 1867, as a means to obtain unlawful possession of the public money, other than by the fact of the appointment itself?
Mr. Manager Butler answered:
We certainly do.
Mr. Butler read the law on this subject, passed March 2nd, 1867, as follows:
That the Secretary of the Treasury shall have power, by appointment under his hand and official seal, to delegate to one of the Assistant Secretaries of the Treasury authority to sign in his stead all warrants for the payment of money into the public Treasury and all warrants for the disbursments from the public Treasury of money certified by the accounting officers of the Treasury to be due upon accounts duly audited and settle by them; and such warrants signed shall be in all cases of the same validity as if they had been signed by the Secretary of the Treasury himself.
Mr. William E. Chandler, who had been Assistant Secretary of the Treasury, was on the witness stand, called by the prosecution. Mr. Butler asked whether it was the practice of the Assistant Secretary to act as Secretary in case of removal of the Secretary.
Answer: I am not certain that it is, without his appointment as Acting Secretary by the President.
Mr. Fessenden, of the Court, propounded this interrogatory?
1st—Has it been the practice, since the passage of the law, for an Assistant Secretary to sign warrants unless especially appointed and authorized by the Secretary of the Treasury?
2nd—Has any Assistant Secretary been authorized to sign any warrants except such as are specified in the Act?