The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-08-30
THE SECRETARY OF WAR.

Why Mr.. Stanton Remains in the Cabinet-He Is |
to Account 70. Condu, Ut During the Re5ellion-A |
Suit Already Instituted. |
HTo'n the Net1 York Herald OF to-day. |
WASHINGTON, August 29.-The strange peril |
naclty with wi ich 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 mat |
ter OF common remark and wonder, aud many
and varied nave been the reasons assigned for
this singular conduct Even Secretary seward
and Mr.. Thurlow Weed were not averse to re-
ceiving the popular credit due for efiectmg thus
remarkable circumstance. II is possible that
those gentlemen may have had something to
do in battling the wishes OF the majority OF
the people that Mr. Stanton should be
relieved from the War, Department but
has been actuated in this matter by higher con
siderations than the friendship of Mr.. Weed or
desire to please Mr.. Sc ward. II seems that
Mr.. Stanton is 70 be called 10 account Tor his
conduct during the war; and the Administration
has determined 10 protect him against harm in
these matters. Here is the whole secret OF the
matter; were his record all right, the Secretary
of War would doubtless have been dismissed or
suffered to resign Immediately after the Phila
delphia Convention, in obedience TO the demands
OF the majority OF the delegates to tnat body;
but his record was not all straight. suit for
damages, because Of alleged false imprisonment
an0 distress OF private property, was then peud-
iEg against him in the Supreme Court OF the
District OF Columbia, and 1t Is to await the de-
ltIulndlOu Vi lLdV, Ill many RESPECTS test case,
that Mr.. Stanton is SO strangely retained in the
Government.
It will be remembered that early in the sum-
mer of 1868 William T. Smithson a banker OF
this city, was arrested by order of the War De-
partment, charged with being In CORES pond
ence with the enemy and dealing in Confederate
currency. He 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 indignlties offered to himself, his family,
and his property. Subsequently Mr. Smithson
was tried before a military commission in Balti-
more, convicted and sentenced to ten years
| imprisonment in the Penitentary at Albany, N
| Y. After serving out aOout year of his term
| in the Penitentiary, he was pardoned by Pres-
| dent Lincoln and set at liberty. He has now
| instituted PROCEEDINGS against Mr.. Starton as
stated above Tor damages because of these
/ alleged irregular and unlawful proceedings,
! laying his damages at 100000 The folio wing
| is a copy of the declaCalon filed in the case
upon which the proceedings are commenced -
| IN THE SUPREME COURT OF THE DISTRICT OF
| COLUMBIA, June 25 1866 William L. Smtnsou VS..
| EdwIn NJ Stanton.-WIliam Smthson the D ain
TIFF in this SUIT complains of Edwin M. Stanton the
deendan in this suit, Tor that the SAID defendant
with force OF arms, broke inio and entered certain
dwelling house OF the said plaintiff situate IN the
| city OF Washington, the District of Columbia,
| and then and there elected, expelled, put out and
lemoved the family and servants Of the said plaintiff
from The possession use, occupation and enjoyment
OF the SAID dwelling house and kept them so elected
and removed tor long space OF time, to wit, from
|
during all that time lost and deprived of the
and benefit OF the said dwelling house. And also for
to WIT at city of Washington AFORESAID seized and
carried away certain househOd furniture of the
said plaintiff of value to wit OF the value of
$4,000. And also that the said defendant. hereto
fore, to w.t. on the 30h day of june 1885, assaulted
said and caused him to be arrested and imprisoned
| ana kept and detained him in prison without any
3a & or % awtsl cause tor long
| and against the will of said plaintiff; and other
wrongs the said defendant then and there did to the
| said plaintiff. Wherefore the said plaintiff saith
| that he is injured to the amount OF $4,000, and
therefore he brings his suit; .
| The defendant will plead hereto on or before the
| first special term of the court occurring twenty
days after service hereof, otherwise judgment.
Upon the filing of this declaration summons
| was issued and placed in the hands of Marshal
| Coodlng for service, as tollows:-
| In THE SUPREME COURT OF THE DISTRICT OF
| COLUMBIA, June 30, 1866.-At law NO. 2724 Will
liam r. Smthson, painriff vs. Edwin M: Stanton,
| deendant.-The President of the United States to
the Marshal for said District, greeting summon
the defenoant in the above entitled to appear
occurring twenty days after service of thus writ, aud
| answer the declarauon herewith served, and warn
proceed to Judgment and execution at he trial terS S
Oh said court next after SAID service; and do YOU
| after service, endorsed to show the time and
manner OF executing it; and if you cannot serve it
within six months the daY of its issuance exclusive
| then return 1t into the said office for renewal
| Witness, ID, r. CARTER,
| Chief Justice OF said Court.
| II, j. Meigs Clerk.
On the commencement of these proceedings,
| 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 prepar-
| ing the answer to this declaration. He has re-
tanned MIR. W. G. Fendall, a young lawyer of
| this city, as attorney IN the case The prosecu-
| ton is in the hands of Messrs. Hughes Denver
| d Peck. The defense will mainly rely upon the
| act OF Congress indemnifying certain officers of
| the Government for acts done in their official
| capacity for the suppression of the Rebellion.
| The prosecution will contest the constitutional
| ity of tins law, and so raise an important issue
| upon the determination of which will depend
the commencement or abandonment of hundreds
| of similar suits.
| The Government considers this very import
| ant case, and will put forth every effort in Mr..
| Stanton's defense; and it has been considered
| that that defense can be better conducted with
| Mr. Stanton in his official position than other
| wise. Hence his retention. The issue will be
| joined at the special term of the court commenc-
| ing on the first Tuesday of September.
| LATEST FROM MEXICO.
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