The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-06-13

The Surratt TrI1I-..OpmI0n OF the
Attorney General ON she Removal
OF CIVIL OnicerS...Letter of General
Pope to General Grant-.-The Cabinet
and the Removals OF Gen. Sheridan.
OutrageS in Tennessee by the state
militia to be Investigated.
Washington special says: It has trans
pired that of the present petit jury
over two:thirds are like Surratt, Cath
olics. Taking them as whole, aud
Judging from their appearance, Surratt
would fare better by relying upon their
ignorance and prejudice than upon the
intelligence of another party selected
from the leading citizens by the Mar
shall. sia
1t is understood that the Attorney
General holds that the district COM
manders have no right to remove civil
officers without trial by a military
commission, and then only when they
have been found guilty of impeding the
enforcement of the reconstruction act.
dent, Governor Wells and the city off,
GERS of New Orleans and Mobile will
be ordered to be tried. Prominent
S0utherners here entertain hope that
this view of the matter will be officially
promulgated, but express the fear that
the President will do nothing in the
premises until after the time shall have
passed for a July session OF Congress.
GeneralPope in recent letter to Gen.
Grant on affairs in Mobile, says, from
what hecan learn, he doubts if the re-
mOval of the Mayor and Chief of the
Police has been most satisfactory to the
union men, or to the respectable rebels
of Mobile.
The Tribune's Washington special
Ar,
Gen. Sheridan notified Gen, Grant he
feared that he would have to remove
Gov. Throckmorton, of Texas, and
Gov. Wells, of Louisiaga, but General
Grant advised him to Wait forithe At
torney Generals opinion on the power
to remove.
The Worlds Washington special
says: The Cabinet to day had an i'm
portant session on the question of the
power claimed by certain commanders
of military districts in the South to re-
move State and local officers. All the
members were present except Brown
ing. 1t was maintained by all of them,
it is believed, but Secretary Stanton,
that the opinions ofthe Attorney Gene
raj were correct, that no such removals
could be made under the military re-
construction acts until the officials had
been arrested and tried by military
commission for hindering the enforce
ment of those acts. II was further
maintained that those offices could not
be made vacant until those occupying
them had been convicted of the charges
defined and provided for by the law the
same as against other persons; and that
even in case ofconviction and sentence,
the vacancies so created under the
State and municipal government could
not be filled by the mere military or
der of the General commanding the
District.
1t was held that there was nothing in
the law that could be construed to the
contrary, of the power to remove State
to take their place. 1t was declared
that it would be just as legal for the
commanding officers to supply va.
Cancy on the bench occasioned by the
death of a judge holding his office un.
der State law. There is no reason to
doubt that the President holds these
views; that he will reinstate all of. those
officers who have been deposed accord
ing to law. This may not take place
for some days, as Governor Wells, of
Louisiana, is expected here shortly,
The Herald's Washington special
says, in the case of the outrages alleged
to have been committed by the Ten
nessee State militia: instructions have
been given by General Thomas, COM
handing the Department OF the Cum
berland, to investigate the acts of vio-
lence said to have been perpetrated.
General Whipple has already COM
menced the investigation.
me probability is, that Governor
Wells will not be Immediately REIN
stated, although there are some reports
which leads to the belief that the course
of General Sheridan in the matter is
not approved