The home journal. (Winchester, Tenn.) 1858-188?, 1866-09-08
STANTON.
He ia to be Called to Account for
Conduct During the Rebellion.
A Suit Already Instituted.
WASHINGTON, Aug. 30th 1860,

-'N~'
The strange pertinacity with which
the President has hitherto hung on to
Mr.. Stanton, despite the very heavy and
influential pressure brought to bear to
effect his removal from the Cabinet, has
been a matter of common remark and
wonder, and many and varied have been
the reasons assigned for this singular
conduct. Even Secretary Seward and
Mr.. ThurlowWeed were not averse to
receiving the popular credit due for ef-
fecting this remarkable circumstance.
1t is possible that those gentlemen may
have had something to do in batting
the wishes ofthe majority ofthe people
that Mr.. Stanton should be relieved
from the War Department: but it now
turns out that the President has been
actuated in this matter by higher con-
sidcrations than friendship of Mr..
Weed ora desire to please Mr.. Sew
ard.
1t seems that Mr.. Stanton is to be
called to account for his conduct du-
ring the war, and the administration has
determined to protect him against harm
in these matters. Here is the whole
secret ofthe matter: were his record
all right, the Secretary Of War would
doubtless have been dismissed or suf-
fered to resign Immediately after the
Philadelphia Convention, in obedience
to the demands Of u majority Of the
delegates to that body; but his record
was not all straight A suit for DANA
gcs, because of alleged false imprson-
ment and distress Of private property,
was then pending against him in the
Supreme Court Of the district of Colum.
bia, and it is to await the determine
ton Of that, in many respects test the
case, that Mr. Stanton is SO strangely
retained in the Government
1t will be remembered that early in
the summer oflS73, William Il. Smith
son, a banker of this city, was arrested
by order Of the War Department, char
ged with being in correspondence with
the enemy and dealing in Confederate
currency. lie was thrown into the Old
Capitol Prison, his family elected from
his house, his furniture carried away
and appropriated by the police officers
of the War Department, and other in
dignites offered to himself, his family
and his property Subsequently Mr..
Smithson was tried before q military
commission in Baltimore, convicted
and sentenced to ten years imprison.
ment in the penitentiary at Albany, N.
Y. After serving out about year of
his term in the penitentiary, he was
pardoned by President Lincoln and set
at liberty. He has now instituted pro
ceedings against Mr.. Stanton, as stated
above, for damages because Of the al
legged irregular and unlawful proceed
ings, laying his damages at $4,000. !
On the commencement Of the pro-
ccedings the matter was brought before
the Cabinet and fully discussed, when
the Attorney General was directed to
appear for and defend the Secretary Of
War. That officer is now engaged in
the answer to this decara-
ton. He has retained Mr.. W. g. Fen
dali, young lawyer of this city, as at
torney in this case. The prosecution
is in the hands of Messrs. Hughes, Den
vcr ~ Peck. The defense will mainly
rely upon the act of Congress indem,
nifying certain officers of the Govern
mcnt for acts done in their official Ca
pacity for the suppression Of the re
bellion. The prosecution will contest
the constitutionalitv of this law, and
so raise an important issue, upon the
of which will depend the
or abandonment of
hundreds of similar suits.
The Government considers this a
very important case, and will put forth
every effort in Mr.. Stanton's defense;
and it has been considered that that de-
fense can be better conducted with Mr..
Stanton in his official position than
otherwise. Hence his retention. This
issue will be joined at the special term
Of term Of the court commencing on
the first Tuesday in September.
ROBBERY OF THE NATIONAL EMPRESS.