The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-16
WA SHINGTON NEWS.


Gr,ERAI. HANCOCK CALLED TO WAsHNGToN-GEN-
ERAL F1Tz JOHN PoRTER's CAsE-ANoIHER ZEN
IRE OF OFFICE TRoUBLE-DIsTRICT ATTORNEYS
AND THE LAw--INTEREsTrNG CASE IN POINT.
WASHINGTON, September 12.-The President has
telegraphed General Hancock to come to Washing
ton, en- route, to assume command OF tne HUI LIS
trict. =,
II is understood that the President will grant
the petition of Genertl Fitz John Porter to have
his case reopened. General Grant has not yet ie-
commended this action, but tavors the rehearlng
asked and promises that, so far as he can faclll-
tate it, the trial shall be fair and impartial 1t
will be remembered that General Porter was trled
before court martial in 1S6S and sentenced 10 Dc
cashiered and forever disqualified nom hoiolng
any Office OF trust or profit under the Government
on account Of alleged delay in coming up with his
forces in battle.
Acknowledgement Stanberry arrived here to-
night. %
the tenure of civil Office law has just been develop
ed in the middle district Of Tennessee, Nashville
district. The District Attorney resigned to take
effect on certain date. The Senate meantime
met, and the President made haste to nominate a
successor, and in time several were nominated, out
none were confirmed. The nomination OF the first
successor of course operated to remove the lncum-
bent and the vacancy, therefore, happened during
the recess, and the Senate adjourned without hll-
ing it. Under these circumstances the tenure OF
civil Office act declares that 'such Office shall re-
main in abeya lce," &C., and the duties shall de-
volve upon the person who, by law, performs them
in case Of vacancy. But the Office OF District At
torney is one whose duties do not devolve by law
upon any De rson in case OF vacancy.
The Secretary OF the Treasury informs the At
torneyGeneral that gross and extensive frauds and
crimes against the revenue laws are being COM
mitted in the middle district of Tennessee, and
from other sources evidence comes up that the
criminal laws Of the United States being extern
sively violated. The court can do nothing without
prosecuting .officer, and nobody can prosecute
but District Attorney. General Grant also In
forms the Attorney General that government Of
cers are vhxed by suits in the State Courts for acts
done in the line of their duty, who are entitled to
have their cases carried into the United States
Courts but there is no chance for the District At
torney to act for them.
The question is now what shall th,' President
dor For civil suits he might make cor tracts with
lawyers perhaps, to act for the United States as
corporation but the United States is sovereign, In
the opinion Of legal men, and can prosecute Of
tenders against their laws only in the manner
pointed out by law. The manner pointed out by
law is through district attorneys and their depu-
ties. On the other hand, the Office tenure act
positively declares that anybody who appoints or
accepts an appointment, makes out, signs, seals
or accepts commission, or, in word, has any
thing whatever to do in executing the law OF the
United States under the circumstances OF this
case shall be guilty of high misdemeanor and ia-
BILE to fine and Imprisonment. In short, If the
President don't execute the laws he is liable to
grave charges, and if he does, by appointing the
proper agents, execute them, the office tenure act
reaches him, in common with his appolntee, and
the Secretary Of State, and everybody connected
with the transaction are liable to the penitentiary