The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-12-16

dent is the responsible head of the administration,
and when the opinions of the head Of u department
grave matters OF policy aud administration, there Is
but result which solve the dinculty and that
is severance of the official relation This in the
past history Of the government has always been the
rule; and 1t is a wise one, for such differences OF
opinions among It's members must impair the ehi-
have now referred to the general grounds upon
which the withdrawal Of Mr.. Stanton from my adm-
nistraton seemed TO be proper and necessary; but
cannot omit to state special ground, which, II 1t
stood alone, would vindicate my action.
The sanguinary riot which occurred in the city OF
New Orleans ON the Both of August, 1896 justly
aroused public indignation and public inquiry, not
only az To- those who were engaged In it., but as to
those who more or less remotely, might be held to
responsibility for its occurrence. need not remind
the Senate Of the effort made to fix that responsibility
on the President The charge openly made, and
again and again reiterated all through the land that
the President was warned in time, but refused to in
terfere
BY kilograms rom the LieutenantGovernor and
2Sth of August was advised that body of delegates
about 10 assemble i'm New Orleans: that the matter
before the Grand Jury, but that il would be i'm
possible to execute civil process without riot, and
this question was asked Is the military to inter-
ere to prevent process of cOurt2n This question
asked at time when the civil courts were in the full
exercise Of their authority and the answer sent by
telegraph OH the same 2Sth of August, was this;-
The military will be expected TO sustain, and not
interfere with the proceedings Of the courts"
On the same eeth of August the following telegram
was sent to Mr. Stanton by Maior-Ge f5airu 'e1
lowing to the absence Of General Sheridan) in COM
mand of the military at New Orleans:-
Hon. Edwin M. Stanton, Secretary OF War:-A
convention has been called with the sanction of Co
vernon Wells to meet here on Monday The Lieutenant
Governor and city authorities think it unlawful, and
have given orders on the subject but have warned
the parties that could not counenance or permit
such action without instruction to that effect from the
President Please instruct me at once by telegraph.
The 29th of August was on Saturday. The next
morning, the 29th this despatch received by Mr..
Stanton at his residence in this city. He took no
action upon it, and neither sent instructions to Gene
raj BAIRD himself nor presented II to me Tor such IN,
occurred. l never saw this despatch from General
Baird until some ten days or two weeks after the
riot, when upon my call for all the dispatches, with
view to their publication, Mr.. Stanton sent it to me-
These facts all appear in the the testimony Of Mr.
Stanton before the Judiciary Committee in the inn
peachment investigation.
On the s0th, the day of the roand after it sup
pressed, General Baird wrote to Mr.. Stanton long
letter, from which l make the following exracts:-
"Sr:-l have the honor to inform you that very
serious riot occurred here to-day had not been ap-
piled to by The Convention for protection, but the
Lieutenant Governor and the Mayor had freely con-
suited with me, and was so fully convinced that it
was strongly the intent of the city authorities to
! preserve the peace, in order to prevent military in
! reference, that l did not regard outbreak a
had assured me that if writ of arrest is
sued by the court, the Sheriff would not attempt to
serve it without my permission and for to-day, they
| designed to suspend it.
AZ inclose herewith copies of my correspondence
with the Mayor and of despatch which the Lieute-
nantGoyernor claims to have received from the Pre-
sdent. regret that no reply to my despatch to you
of Saturday has yet reached me- General Sheridan is
The despatch of General Baird of the 2sth asks for
immediate instructions, and his letter of the 30th,
after detailing the terrible riot which had just hap
pened ends with the expression OF regret that the in
strucons which he asked for not sent 1t is not
the fault the the omission OF the President
that this military commander left withou insruc
ons but for all omiss IONS for all errors for all fail
this calamity the President was openly and persist
Instantly, without waiting for proof the delin-
n NyQa in
otuterance Mr. Stanton knew then that the President
was not responsible for This delinquency. The ex-
cupation was in his power, but it was not given by
him to the public, and only to the President in Obe
6S 0 F m hah m @yse 6s
Bairds request was not brought to my notice. 1t ia
tary of War had given him pro per instructions, the
riot which arose on the assembling Of the Convention
would have been averted.
There may be those ready to say that would have
given instructions even if the despatch had reached
me in time but all must admit that l ought TO have
The following is the testimony given by Mr.. Stan.
ton before the Impeachment Investigation Committee
80 Referring to the despatch of theI2sth OF July by
General Baird, ask you whether that despatch, OF
its receipt, was communicated?
"A. received that despatch on sunday forenoon
] examined it carefully, and considered the question
presented did not see that could give any instruc
lions different from the line of action which Genera
Baird proposed and made no answer to the despatch
20. see it stated this was received at 1920 p M.
Was that the hour at which 1t was received by you?
office Saturday night; 1 received it on Sunday fore
noon, at my residence. copy of the despatch was
furnished to the President several days afterwards
along with all the other dispatches and communica
tions that subject, but 1t was not furnished by
before that time; suppose 1t may have been ten ol
fifteen days afterwards.
20. The President himself being in correspondence
with those parties upon the same subject would il
not have been proper to have advised HIM Of the re-
ception Of that despatch?
"a. know nothing about his correspondence, and
know nothing about any correspondence except this
one despatch. We had intelligence Of the riot OF
Thursday morning The riot had taken place OF
Monday"
1t is difficult matter TO define all the relations
which exist between the heads OF departments ant
the President The legal relations well enough
defined The Constitution places these officers in thu
relation OF his advisers when he calls upon them TO
advice. The acts of Congress go further; take fo
example, the act Of 1Ts9, creating the War Depart
ment II provides that "there shall be q principa
officer therein, TO be called the Secretary for the De
partment of War; who shall perform and execute sucf
duties shall from time to time be enioined or in
trusted TO him by the President of the United States
"and furthermore, the said principal officer shall con
duct the business OF the said department in sucl
manner the President of the United States shall
from time to time, order and instruct"
Provision is also made for the appointment OF al
inferior officer by the head OF the department, to b.
called the Chief Clerk, 'who, whenever said prnci
dent Of the United States" shall have the charge ant
custody of the books records and papers of the de
! partment.
The legal relation is analogous TO that OF prncips
and agent. 1t is the President upon whom the Con
stitution devolyes, head OF the Executive Depart
ment the duty 10 see that the laws are faithfully exc
cuted but, as he cannot ute them in person, III
is allowed to select his ag ents, and is made re
Bponsible for their acts wit hin Just limits. So com
plee is this presumed del egaton Of authority in tn
relation of head of de partment to the President
that the Supreme Court of the United States hav
decided that an order ma de by a head of department
aAf 10 ha0 do hut fha Hant