Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-27
FROM WASHINGTON.
Adtutant General Thoma. in the Su
pFeme Court

preme Court
WASHINGTON, February 26 -Adjutant
General Thomas appeared in the Supreme
Court this morning, accompanied by his
counsel, Richard T. Merrick and Walter S.
Cox, with Joseph II. Bradley, Sr. as adyi.
sorry counsel. Judges Olin and Fisher sat
by the side of Judge Cartier. Subpoena
| was issued this morning to Mr.. Stanton to
| appear in court, and bring with him his
commission as Secretary of War, and also
certain official papers.
Judge Cartier asked If the counsel were
4 ready to proceed with the case of General
Thomas. Mr.. Riddle introduced Mr.. Car
penter, of Wisconsin,, as associate counsel
for Mr.. Stanton. Mr.. Carpenter owing to
illness, and the importance of the case
| asked a continuance till tomorrow. Mr..
| Merrick objected on the ground of public
interests. Judge Cartier was disposed to
grant a continuance. Mr.. Merrick asked
that the case be considered in criminal
court instead of in Chambers. Judge
Cartier declined as he sat merely as an ex-
amining magistrate.
Mr.. Merrick said General Thomas was
here, and that his bail surrendered him into
the custody OF the marshal of the District.
sci asked for writ of habeas corpus.
Mr.. Carpenter regarded the last action as
an entirely unnecessary episode. This ac-
ton has been prosecuted here by the Sec
retary OF War for the purpose of bringing
| this matter to a settlement in the courts.
There is no feeling between him and Gen.
Thomas. Considerations alone of public
nature have actuated this prosecution
1Gen. Thomas is gentleman who will not
| depart. We do not ask that he should even
be required to enter into his recognizance,
and surely he cannot come into court and
make himself a prisoner unless the court
at least accepts that fact, or somebody asks
him to be imprisoned. With the full lati-
tude which we consent he shall have, and
which have no doubt your Honor will
very willingly accord to him, this writ of
habeas corpus seems to be rather unneces-
sary.
The counsel for the defense again urged
their applications. The Chief Justice said,
have never heard of a prisoner surrend-
ering himself to his sureties or the Mar
shal; it Is always to the court.
Where is the process of the Marshal by
which General Thomas is held? His war
rant has been returned, and the parties re-
cognizance has been substituted. Having
appeared according to the terms of his re-
cognizance, he is present in court to answer
regarding the offense charged. 1t appears
to me, however, this is not the question be-
fore me as examining Magistrate, but rath-
er question to be considered by the Judge
who shall entertain the application tor a
writ of hdbeds corpus. The question for me
to determine as examining Magistrate, is
what disposition shall be made of the casei
Mr., Cox-Gertainly.
g Mr.. Merrick-I was going to say to your
honor, it you allow me single moment,
that If the views expressed by the other
side be correct, Gen. Thomas being before
your honor, and having applied for con-
tinuance until Tomorrow, your honor
must make some disposition of the prison
er. In the meantime, when that is done,
can present my petition to the criminal
court. If your honor discharge him the
case is at an end. and you must either dis
charge orecommit.
Chief Justice-With my knowledge OF
Gen. Thomas character, and especially
after the avowal of counsel that they have
full confidence in him, should not hold
him moment.
Merrick-Then he is discharged.
Chief Justice-Yes, sir; he is discharged
personal appearance Is concerned. The
case may be continued, and If Thomas is
arrested, it will be hereafter. l shall not
hold to personal imprisonment when my
own confidence in his character corrobor-
ates what is said by the prosecution and
especially when they do not desire it.
The counsel for Gen. Thomas then asked
that he be finally discharged.
| Judge Cartier granted the motion.
Gen. Thomas left the court room with
his counsel. Several hundred persons In
the street welcomed him with cheers.
| Tho Impeachment.
/ WASHINGTON, February 26.-The delay
of the House committee of seven in framing
articles of Impeachment against President
johnson is said to be owing TO the fact that
an impression exists that he cannot be con-
victed by the Senate on the prominent
charge of violating the tenure of office act
The House committee, to-day, was gagged
in framing articles with a view to secure
the united party vote, and, If possible to
avoid all doubts. .fs-.sI
The Tax ON whisky to be Retained
| at Two Dollars.
1t was agreed, to-day, by majority OF
the committee on Ways and Means to re-
port a bill retaining the tax on whisky at
two dollars.
General Thomas did not visit the War
Office to-day; but after his discharge from
custody went to the Executive Mansion,
and after a short interview with President
johnson returned home.
Nominated.
The President to-day nominated to the
Senate John w. Caldwell, of Ohio, as Min
lister to Bolivia.
Unfounded.
The statement is unfounded that recent
regulations relative to issuing passports
have been promulgated.
Reports have been in circulation this
morning that the Secretary OF the Treasury
War Department signed by Secretary
Stanton should not be hOnored at the
Treasury. All such reports are without
foundation. Requisitions from Mr.. Stanton
| for various amounts on account of the War
Department were passed through the prop-