The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-17

preston that Secretary Stanton was not called
upon to furnish reply Immediately.
Mr.. Howard here ACKNOWLEDGED that he omit
ted to ma ke allusion to it in his completed re-
port, and endeavored to cast the blame upon
the reporters, whom he characterized the day
previous ns delinquents to their pledges.
Senator Buckalew continued, and said it
would only be an act of justice to ell concern
ed If the minority report submitted by Sena-
tor Dooliitle should be given to the public as
well as Senator Howard's.
NIB. sTANsoN's SUSPENSION -NoN-CoNCURRENoE
OF THE SENATE.
A later dispatch says The Senate WAS in
Executive session more than five hours to-day,
debating the resolution reported from the
COMMITTEES on military affairs, namely-that
the Senate having considered the evidence and
reasons given by the President in his message
Of the 10th Of December last, for the suspen-
sion from Office Of the Secretary Of War, Edwin
NJ. Stanton, do not concur in such suspension.
The vote was taken at seven O'Clock this even
ing, and the resolution was passed by vote of
yeas 35, nays 6. The Senate removed the In
junction OF secrecy from the majority and
minority reports Of the committee on military
affairs. The Senate also ordered that certified
copies of the resolutions be transmitted to the
President, General Grant, and Hon. Edwin NJ.
Stanton.
WHAT WILL THE PRESIDENT Dor
A dispatch to The New York Herald says:
What will the President do In the event Of
the Senate sustaining Stanton and endeavor-
ing to force this obnoxious Secretary upon his
Cabinetf To this question it is impossible at
present to give any satisfactory answer. do
not thinl: the President himself has come to
any settled determination on the subject. His
action must be dependent in a great measure
upon circumstances. Grant may or may not
vacate tie War Office and turn over the keys
to Stanton upon o resolution of reinst atement
being adopted by the Senate. Should he not
vacate, the President would probably take no
action Whatever, but simply allow Grant to
continue to administer the Office and thus
compel Stanton to resort to mandamus or
some otller legal proceeding to establish his
right to The position. In taking this course
the President would assume to be acting under
his br oai constitutional power to suspend
subordir ate for an indefinite period, thus disre-
garding altogether the provisions ofthe Tenure
Of Office aot. The President, it must BIZ re-
membersd, contends that his power to remove
Cabinet Office is derived from the constitu-
tion, AMI has not been changdd by mere act
Of Congl ess. Should Grant, however, vacate
the War Office at the bid Of the Senate, then
the aspect OF affairs would be very much al
tered, and 1t is difficult to assert what line Of
policy tile President would pursue. Stanton,
in getting possession, might reverse the posi-
ton Of parties and compel the President to
become plaintiff and institute legal proceed
ings to nust the contumaoious Secretary. The
President, on the other hand, might proceed
TO the extremity Of removing Stanton out and
out thus anew reopen the whole case for argu-
ment and contest. I have reason to know
that the President is yet discussing all these
points and has not arrived at any satisfactory
conclusion up to the present writing. He will
act cautiously after thorough deliberation,
taking no stand from which he may be con-
strained hereafter to recede,
IMPORTANT COTTON SUIT.
The Supreme Court to-day had before it the
case of John K. Elgee's administrator, plaintiff
in error, us. Oliver Lowell. Elgee. it appears,
was the president Of the Louisiana secession
convention. In 1864 about four hundred bales
Of cotton belonging to him was seized in the
State OF Mississippi by an agent OF the Treasu-
ry Department as abandoned property, and
transferred to Mr.. Lowell, also treasury agent,
and, under the provision Of the Law, removed to
State not in insurreotion.
Suit was brought in o Missouri court to re-
cover the property. Some time after the COM
mencerlent Of legal proceedings, Elgee ayailed
himself Of the amnesty proclamation OF the
President, by which he claimed he WAS restored
to all his rights Of property, and among others
his right to the cotton. Distinguished counsel
are employed on both sides cs the question, At
torney. General Stanbery appearing for the
United States, in company with Messrs.
Hughes and Drake, who we're retained by the
Secretary of the Treasury.