Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-16

sTuclion acls OF M6rcn = and March ,, leSs,
alI passed over the veto. II was IN cabinet
consultations upon the sc bills that difference
OF opinion upon the most vital points was de-
veloped. Upon these questions there was per-
feet accord between all the members of the
cabinet And myself except Mr.. Stanton He
stood alone, and the difference of opinion could
not be reconciled. That unity of opinion
which, upon great questions of public policy
or admin mDistration is so essential 70 the execu-
tive, was gone.
1 do not claim that head OF department
should have no other opinions than those OF
the Pres ident. He has the same right, in the
conscientious discharge OF duty, to entertain
and express his own opinions as has the
President. What / do claim Is that the
President is the responsible head OF ths ad
miuistraion, and when the opinions OF head
OF department are iTreconcilably opposed 10
those OF the President, in grave matters OF
policy and administration, there is but
one result which can solve the DIFF
hculty, and that is severance of the
ofiie o. relation. This, IN the past history of
the Government. has always been the rule,
ano II Is wise one; Tor such differences of
opinion among Its members muSt impair the
effciency OF any administration.
have now referred 10 the general grounds
upon which the withdrawa OF Mr.. Stanton
nom my administration seemed to me 20 he
proper and necessary; but 1 cannot omit to
STATE special ground, which, If IL stood alone,
would vindieate my action. .....
The sanguinary riot which occurred in the
city OF New Orleans on the 30th of August,
io66, Justly aroused public indignation and
pubic inquiry. not only as to those who were
engaged IN ii, but as 70 those who, more or less
remotely. might be held ID Responsible for
its Occurrences. l need not remind the Senate
of the effort made % fix that responsibility on
the President. The charge WAS openly made
and again and again reiterated all through the
lano, tnat the President was warned IN tune,
but refused to interfere.
BY tslegrams from the Lieutenant governor
ard attorney general OF Louisiana, dated the
9Th and 2cth Of August, was advised that
bcdy OF delegates, claiming to be a constitu-
teDal onyention, were about 10 assemble ir
! New Orleans; that the matter was before the
grand jury, but that 1t would be impos sible to
execute civil process without a riot. and this
question was asked: sis the military 20 inter-
! fere TO prevent process of COURT" This ques-
/ lion was a ked at time " hen the civil courts
Were in the fun exercise of their authority,
and the answer sent by telegraph on the same
| 2-th OF August was this: The military will be
| expected 10 sustain and not TO interfere with,
the proceedings OF the courts
On the 2S b OF August the following telegram
Was sent to Mr.. Stanton by MAJOR Gen. Baird
| then owing TO the absence OF General Sheri-
! dan) IN command Of the military Al New
| Orleans:
| .'Hon. Edlcin w. .S0aton, Secretary aJ Har-
! "a convention has been called. with the
/ sanction OF Governor Wells, 10 meet b re on
! Monday. The lieutenant governor and city
| authorities think it unlawful, and propose TO
! break 1t up by arresting tie delegates. have
/ given no orders on the subject, bat have
I warned the parties that could not couuten-
! ance or permit such action without instruc-
| mons TO that effect from the President. Please
I instruct me al once by telegraph
| The asth OF August was On Saturday The
| next morning, The 29'h, this dispatch was rp-
| ceiNed by MIR Stanton at his residence In this
| cry. He took no action upon it. and neither
sent instructions to General Baird himself, nor
| presented II 10 me FOR such Instructions. On
| the next day Monday the riot occurred. 7
4 never saw THIS dispatch from General Baird
uatil some zen days or two weeks after the
| rot when, upon my call TOR all ihe d patch
| with view TO their publication, Mr.. Stanton
| sent IL 10 me- These facts all appear the
testimony Of Mr.. Stanton before the judiciary
| COMMITTEES IN The Impeachment Investigation.
| On the B'h, the day OF the riot, and after r.
| was suppressed. General Baird wrote 10 Mr.
| stanton long letter. from which 1 make the
| .SiE: l have the honor to inform You
! hat very serious riot has occurred
here u day l had NO, b-en applied
| 10 by the convention for protection. but
| he Lieutenant governor and the mayor
| mad freely consulisd with me. and was so
inliy eonvinced ihat it was so strongly the in
| tent Of the city authorities TO preserve the
! peace. in order TO prevent military interfer.
| -nce. that did not rec ard an outbreak a. a
| lhing TO he apprehended. The lieutenant gov. .
| IT nor had assured me that. even il wriT of
| arrest was issued by the court. the sheriff
/ would hot attamptto serve IL without NV per-
MISSION, and, for to day, they designed 10 sus-
| pend n Il enclose herewith copies of nv
| CORES pondence with the mayor. and OF dis
| patch which the lieutenant governor claims 20
nave received from the President. regret
| that no reply 10 nay dispatch TO you OF Sa,nr-
day has yet reached me. General Sheridan is
| still absent In Texas"
| The dispatch Of General Baird, OF the e>tn
| asks for immediate instructions. and his letter
! of the 30th, after detailing the terrible riot
| which had just happened. ends with the ex. d.
| pressIon OF regret that the instructions which
ne asked 'or were NOT sent II 10 net the fault,
| or the error, or the omission OF the President
| that this military commander was LETT without
| instructions; bat for all omissions, for all
| errors, TOR all failures 10 instruct when in :.
\ >ruciIon might have ayeried this calamity
! the President was open ly and persistenty held
| responsible. Instantly without waiting tor
| proof the DELINQUENCY OF the President was
| nerAloed IN every form of utterance Mr.
| stanton knew then that the President wa. moi
| responsible for dtis delinquency. The excuIpa-
| loh was in his power, BUT IL was nor given by
MIN TO the public, and only to the President in
I obedience 10 requisiuoR for all the dis
/ patches.
No one regrets more than myself thar Gen.
elai Bard request was NOT brought 10 my
| notice. Ii ls clear from his dispa;c aud
| letter that II the Secretary OF War had given
| him proper instructions. the riot which arose
on the assembling OF the convention would
I have been ayerted
| There may be those ready 10 say ,ha,
| wonld have given NO instructions even II the
| dispaich had reached me in time; but all mt Isl
admit That ought to have had the oppor.
| tunity
The following is The testimony gwen by Mr
stanton before the impeachment Investigation
committee as TO This spatch.
90. Referring TO the dispatch of the a-th o,
| i0iy by General Baird, l ask You whether
NAT dispatch on It's reeeipt was communi.
| Gated!
"a. L received that dispatch on Sanday
| forenoon examined IL carefully aud con-
| sidered tbs question presented. uid not SEE
| thaf could give any Instructions different
| from the line OF actien which General Baird
| proposed, and made no an wer to the despatch.
"Q see IT stated that this was received at
lo2u y m. Was thai the hour at which IL was
| received by youl ...
"a. That is the date OF its reception in the
telegraph ofice Saturday night. received A
on Sunday forenoon at my residence. A copy
| OF the despatch was furnished 10 the President
| several days afterwards along with All the
other dispatches and communications on thai
| suhleci, hut IL was not furnished by me be fore
thar time 1 suppose it may have been ten OF
fifteen days afterwards.
80. The President himself being in corre-
spondsnce with those parties upon the same
subJect, would II not have been proper to have
| advised him OF the reception OF that despatch b
| "a. know nothing about his correspond.
| ence. and know nothing about any CORE spond
eDce excerpt this one despatch. We had in iel
| hgense OF the riot ON Thursday morning. Ths
| riot had taken place On Monday.
| IL is dtfhcult matter to define all the reia
| tons which exist between n the heads OF depart
| ment and the President. The legal relation.
are we'll enough defined. The Constitu 'iou
places these officers in the relation OF nis aiyi
sers when ne calls upon them for advice. Tn.
acts OF Congress 90 further; take, for example
the act OF 1883 creating the war Department
IL 49, tAu%x