New-York tribune., 1867-08-05
WASHINGTON.

LEVEE BONDS-GENs oiNhhSi-0S
ORpFR.n
WARRINGTON, Aug. ., 1907.
The old story of the resignation of Stanton as Sec
,etarv Of War is being revived. This time theIe
.oems TO be good foundation for the story IL is
known here that the Presidents contemplated re-
movaI Of Gen. Sheridan is opposed by both Stanton
and Grant. The order for the removal would nave
becn ssued long ago had it not been for TINS oPpoS
item The President stated last week that ne Wouid
cemoye Stanton first, and then Sheridan Some
Aoubt n EXPRESSED as to the Presidents power to re-
oovea Cabinet officer under the Civil Tenure OF
Office law. StantOns ORpOnets are OF the
opinion that, as Stanton was never appointed or
confirmed as Secretary of War under the Admins
tration of President johnson, therefore he has the
power of removing him. This idea was advanced IN
the Senate at the time tho bill was passed. ana the
law seems TO be explicit that the President cannot
remove an officer under the above circumstances
The Presidents friends say that, if he cannot make
Stanton resign he viii suspend him until the meet
ting of Congress. The whole matter has been the
subject of much talk here within the last hours IL
not having become known until then that there
really was quarrel between the President and
Stanton. Gen. Grant has had several interviews
during the last week with the President and Seere-
tary Stanton on the proposed removal OF sherdah'
II is said that Gen. Grant construes the Reconstrue-
kon Act to place him part of the responsibility
Eor its faithful execution by officers under his COM
sand and hence his opposition to Shendans removal
He is opposed TO Sherdan's removal and when con-
uIted by the President in the matter gave it as his
ppinion that he had no one under his command in
whom be could place more trust than Sheridan
No order for the removal Of Gen. Sheridan has yet
been issued. Gentlemen unusually well informed
rs TO official affairs say that Gen. Thomas will be his
successor that Gen. Hancock will succeed Gen.
Thomas in the latter's present command, and that
Gen. Sheridan will ibe ordered TO report to Lieut.
Gen. Sherman.
Telegrams from Newt Orleans. received here an
nounee that the LOaisanians have determined on
another effort to raise money on the levee bonds on
the signature of Gov. Flanders. Immediate relief
sanst be had OF it viii be impossible to repair the
levees until the high water season sets IN but he
matter has become 30 entangled ana DhAeu
I'D in its legal aspect that 1t has been
thns far impossible to induce capitalists
20 invest in the bonds The act upon which these
N'-'
The lst of May 1861 and shall be signed by the Gov
emor of the State. Wells was the Governor at that
date and it is doubted if any but he can or could
legally sign the bonds. Gen. Sheridan has re-
moved him, and of course he has no longer
power TO act. Beside, it is said that
two of the five members of the Sheridan Levee
Board, Burnside and Lawrence, cannot take
the oath required by the Reconstruction acts, and
that none of the Board have taken that oath, that
l. A. 81, o,fbop psyotfo Of
Smith and j. H. Oglesby to visit the North and raise
funds on this security is not sufficient even under
she Reconstruction acts to say nothing OF the other
legal questions involved. It's same kilograms inform
us that Gen. Sheridan proposes to declare the sigma
ture of Gov. Flanders on the bonds to be legal.
Aparagraph has been published in this city and
talegraphed hence, that President johnson has de-
eided TO remove Mr.. Kellogg, the Collector of the
Port of New-Orleans and has directed Secretary Nc
bulloch to issue the necessary order. There is the
best authority for giving to this statement positive
contradiction.
case of conflict Of authority between the Federal
Civil Courts and the military has arissp IN the
Second Military District. Order number 10, issued
some weeks ago by Gen. Sickles. commonly known
rs the stay order providing for stay OF
execution on judgments and debts, has
come in conflict with the execution of
q Judgment rendered recently by Chief-Justice
Chase, while presiding in the United States Circuit
Court in North Carolina 1t appears that an execu-
Eon was issued upon this Judgment, directing the
United States Marshal TO levy upon property of de-
fendant in Wilmington, N. G. The Marshal pro-
eeeded to that city, and was about to make levy,
when he was confronted by the military commander
there stationed, who exhibited order number 10,
which he claimed was bar to further proceedings
by the Marshal The latter withdrew and reported
The facts TO the Attorney General for instructions.
The matter was submitted to the Cabinet by the AS
sstant Attorney General, Mr.. Binkley. The latter
was yesterday instructed by the President to COM
nnncate the facts to Gen. Sckles, and inquire
whether his order staying collection intended to
include judgments rendered by the Federal courts.
Judge PierrepOnt states that he win finish his
eument in the SurTatt trial tomorrow, and that the
case viii be submitted to the jury on Tuesday They
nre expected 10 agree disagree on the same day.
In case of a disagreement the jury viii be locked up,
as is usual for the purpose of compelling them TO
agree, if possible
Jndge Peuepont in his address to the jury yester-
day said when it was suggested by some Of the
members of the Military Commission. that in conse-
ouence Of the age and sex of Mrs. SuIratt it might
possibly be right to change her sentence to mprsOn
tnent for life be signed the warrant for her death
with the paper right before his eyes,"
Judge Pienepont must have been misiDformed, as
Che President was not aware until two months ago,
through private source, that any one Of the mem
bers of the Military Commission joined in recon-
meudatioB or a suggestion that the sentence Of
death PASSED upon Mrs Suuatt be com
uuted to imprisonment This information was
privately given to him before the commencement of
the trial of John H. SurTatt. He then denied, as he
now denies that the recommendation or suggestion
was ever officially brought 10 his attention. The