The New York herald., 1866-08-30
The War Secretary 10 Account for Conduct
During tho Rebellion.
A SUIT ALREADY INSTITUTED.
General Grant Not to Attend tho Pttes-
burg Radical Convention.
All Volunteer Omcers Soon to be
Mustered Out.

hitherto hung on TO Mr. Sanoh despte the very hsavy
and influential pressure brought TO bear TO effect hs
removal from the Cabinet has been mster Of oommos
remark and wonder and many and varied have been the
reasons assigned for this singular conduct Even secrs
tary Seward and Mr. ThurIow Weed not syerse v
receiving the popular ced due Tor ensctins this fsms
able circumstance It 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 now turns out that the President
has acuated this matter by higher deations
than the friendship Of Mr. Weed or desire to please NJ
Seward II that Mr. Stanton ia TO be called to 40
count for his conduct during the war; and the admnsra
ton has termned TO 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 suffered TO resign immediately
after the Philadelphia Convention in obedience to thA
demands OF the majority Of the delegates 10 that bcdy
but his record not all straight suit for damages
because OF alleged Imprisonment and distress of
private property then pending against him In the
Supreme Court Of the District OF Columbia and II Is 10
the ermination Of that In respects tet
case that Mr. Stanton Is strangely retained In the
government.
II will be remembered that early In the summer OF
1868 william T. Smithson. banker OF this city, was
arrested by order the War Department charged with
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 aud other indgnitiss
osrsd 70 himself his family ana his property Suoss-
quent!y Mr. Smthson tried before military con-
mission in Baltimore, convicted and sentenced 70
ten years imprisonment In tho penitentiary a
Albany, y. Y. After serving out abcut . year oS
hss term In the penAsntiary, he was psrdonea
-yocs auk onts - lhaVfw
has nov insatutsd proceedings zsAnA Mr. S;:sesoo =
stated above for damages because Of these alleged
regular and unlawful proceedings, laying his dana6S u
$4,000 The following is copy Of the dscirasiss
nIed in the case upon which the proceeding are ccn
menccd-
IL raa SUPREME Couar or rHx DfsrHfcr CoLchBA.
JUSE %, 1S66-WiHiam r. Swithson Eiscin ~ Sds-
plains Of Edwin NJ Stanton tbs defendant in this suit
for that the said defendant heretofore TO w
broke @ into INTO and entered certain dwelling house Of
the said plaintiff situate in the city Of Washington In
expelled, put and tho family ana servants
OF the said plaintiff from the possession use occupao,
them 20 ejcotsd and removed for long space oi time e
wit from thence hitherto whereby the said plaintiff fcs
and bsne6t Of ths said dwelling house And also fos
that said defendant the day and year aforesaid,
70 nS ' s o sss me
sad e.n ssoS 90 ssas nd ssS ssa' e. s .. a..
fendant heretofore, to wit the Goth day Of juno.
iSes assaulted the said plaintir w.t. washingos
clay aforesaid aud caused him to b arrested snd tn
prsoned and Kent AID detained him in prison without
any reasonable or iaw<i Whatsoever for long
tim, 10 wit from thence hitherto contrary 10 law and
the saa defendant, then and ,ssss I'd % the sand plaza
i 70 the grea, damage Of the sac glaaSs wners,ors
$4,000 and therefore h, brines hts ym - 80.
The defendant win plead hereto before tie frst
special term Of the court occurring twenty d1ys asr
service hereof, otherwise judgment
Upon the filing OF this declaration sumwsps wss s-
sued and placed the hands OF Marshal Gooaing foe
service ~ folows:--
II rng srrwsE cornr or rHx DrrRicr OF CoLussrl,
june ~ 1866; AT law No. 2, IA-wdhcm r. sasalseh,
dent Of the United States the Marshal for said District
greeting Summon the de endant In the above entitled
10 appear in said before the nrst specia
term thereof Occurring twonsy days after OF this
writ, and the declaration herewith served and
warn him that In desauis Of doing tho plaintiff mag
proceed udgncns and execution al tue tr al term o
aid court next sfses said service do you this
writ into tho clerks Once DmeAafeiy aftcr SERVICE
cndcrscd TO show the time and OF executing
u, and II you canso, servo within month"; The dag
q IL Issuance excusve then return t INTO sid sos
Wines. n r cARrTEr. cs.ss Justice Of sad Coat.
X 8. Nuss Csrt.
This summons was duly returned to the clerks once
with the following endorsement, spOn It's back
Served copy Of summons and declaration on tbs DO
fendans July 10, lsod
DAVID coopryG
United States Marshal District Columbia
On the commencement OF these proceedings the mat.
ter was brought before thc Cabinet fully discussed
when tho Attorney General directed 70 appear for
and defend tho Secretary OF War That oIicer Il pow
engaged In preparing the this declaration He
has retained Mr. ". @. FcndaiI, young lawyer OF this
city, attorney In the The prosecution il In tho
hands Of MesSrs. Hughes, Denver Peck Tho defence
viii mainly rely upon the &C, OF Congress ndsmnyng
certain onosr. OF the for acts done In their
Official capacity for the suppression Of the rebellion
The prosecution viii contest the consittonaly OF this
law and 90 raise an important ISSUE upon the detsvm
naiion OF which will depend the cofnnelcsmsnt or
abandonment Of hundreds OF similar sui,x
The government considers this q very important case
and viii pu forth every effort Mr. stanions dcf,ncs
and u has been considered Tia, that defence can 10
better conducted with Mr. stanton In his ofcia position
haa Otherwise. Hence his retention The lssae vii b,
oined q the special term of the court commencing
he nrs Tuesday In September
Generai Grast Not to be Present NJ the Pitt.-
bsrs Radical Cenyentiss.
The report has goac abroad that General Gran, has
written . letter 10 the soldiers and Sailors Union
promising 10 be presen, M tho Pittsburg Radical
'onvcn,on gotten up under the aus p.oes OF thts
ssocatIon The fact General Grant wrote letter 10
he secretary Of the Union promising 10 be present 90
mother occasion, ss viii BE- seen BY the following card
rom the secretary OF tho rnion but has In no manner
Indicated purpose to be al Pis,sbrg-
wxsuf~cros n G., August 2s 1888
70 Eprrua on NArIo>n fsrgT ffos~cxr:-
Sn-ln this mornings issue, IN your report or the
roossdnp OF the Soldiers and sailors, tnion. II n
iassd that leseu read from Generals Gran, snS
locker, stating their willingness 20 be present NJ pos
ble ri the forthcoming convention 60 be held s Rita
ura September 2s 1896 This a mistake ard viii
obliged you Will make tho correction Tho letters
ere In relation 20 the coming annivcrsary excursion
ss Union, aud not TO the Pttsturg Convention Ne
pecsfaIy, Will. A. SHORT.
Corresponding Secretary Soldiers and sailors Unioo
All vslsntcer Omcers 90 be Mustered Out.
An order will be Published BY ne Secretary Of wua
day or two. n 10 expected. directing the honorsbis
user Of service Of their services being
longer needed Of sH the volunteer officers nos 10 the
my including those on duty 70 The Freedmsn's b