The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-26

though of course there is no positive authority
for it. If this position be correct, then the i'm
peachmont trial cannot proceed until perhaps
in May.
In the meantime it is predicted the whole
bottom Of the impeachment project will have
fallen out by reason OF adjudication upon the
constitutionality of the Tenure OF Office act in
the Supreme Court. That court will, by means
of two cases, shortly get jurisdiction of all OF
the legal questions involved in the charges yes
terday preferred against the President in the
ceeding against General Thomas, set for a
hearing before Judge Cartier next Wednesday.
| The second case will be commenced to-mor-
row, by order of the President, in the form OF
quo udrraato against MIR. Stanton.
From the known political sentiments of some
of the judges Of the District Court in this city,
and the active sympathy they have openly
shown for Mr. Stanton yesterday and to-day,
it is assumed that that court will decide
| the Tenure Of Office law in accordance with
the construction put upon it by the impeach-
ers.
But it is the almost unanimous opinion of
lawyers of standing that ultimately the Su-
preme Court, which has appellate jurisdiction
of the cases. will decide the act unconstitutlon-
nj, so far as it applies to Cabinet officers, and
therefore, OF course, that neither the Presi-
| dent nor General Thomas have violated any
law in attempting to remove Mr.. Stanton.
Such decision would destroy the founda-
ton Of tho articles of impeachment, which be-
| yond any doubt will be adopted by the House
tomorrow, by nearly o strict party voto, only
two Republicans having expressed determi-
nation to vote with the Democrats. And so,
possibly, we shall not have q trial of impeach-
ment in tho Senate. 1t is believed majority
of Senators would prefer to have proceedings
concluded in the Supreme Court before con-
| clusion of trial in the Senate.
The occurrences OF to-day were not lmpor-
tant. Mr. Stanton still continues to domicil
within the War Department building, eating
| and sleeping there to keep continuous and
uninterrupted possession. Radical members
of Congress, Judge Fisher, Of the District
| Court, General Grant, Mrs. st nton, and
| others, have visited Mr.. Stanton yesterday
and to-day. :.
Acknowledgement Stanbery had o consulta
ton with the President to-day relative to the
proceedings proposed in court tomorrow, and
numerous friends members OF Congress and
others, have called on MIR. johnson to-day.
A great many telegrams have been received
hero since yesterday afternoon from prominent
Conservatives, advising the President to be of
good cheer, and that he may with confidence
ely upon the support Of the people in the hour
OF bis trial. Ielegrams also came to Radical
members encouraging them To stand firm.
Mr.. Stanton informs newspaper correspcn-
dents that the President applied to General
Emory. commandant of the department of
Washington, for troops to be ready to obey the
orders of the Executive, and that General
limory replied that all orders for troops must
come through General Grant; that the Presi-
dent then applied to Colonel Wallace, in COM
mand Of soldiers stationed III this city, who
answered that the orders must come to him
through General Grant. Mr.. Stanton further
saws tho President has requested Secretary
3r, N IN U n
morrow to aid the commander-in-chief, etc.
1 have the authority of the President for
saving that there is no word of truth i'll the
alleged statements OF Mr.. Stanton. On the
contrary, the information reached Mt. john
son that certain significant movements or
troops had taken place, and General Emory
was called upon to explain what transpired, but
no demand has been made by the President
for soldiers of any body for any purpose. This
idea OF directing the military to execute the
orderssof the Executive IN carrying out the
order removing Mr.. Stanton, CT IN any way
taking part in tho controversy relntivo 10 tho
possession OF tho War Department, originated
entirely outside of the White House.
Az heretofore stated in these dispatches tho
President has treated the whole matter OF. tho
removal of Alr. Stanton Gs coming within the
civil low, and has not proposed OF coLtempla-
ted the intervention OF the military, directly
or indirectly, III the execution Of his orders or
plans. The only use thus far made of the mil
itary in the War Department imbroglio has
been by order OF Mr.. Stanton, who has now
double guard surrounding the War Office to-
protect him, and obey his orders, as against
the action of Ills superior, the President.
General George II. Thomas telegraphs the
President, thanking him for tho honor con-
ferred on him for brcvct, but adding that he
does not desire the honor-tllat he has done
nothing since the war 10 entitle him to it.
General Thomas has also telegraphed Vice
President Wadc, declining the nomination OF
Breve5 Lieutenant General, and asking that
the Senate might reject tno nomination.
WRIT OF QUO wARRANro AGAINST NIB. STANTON
APPOINTMENT OF THE HON. THOMAS EWING, sR.,
AS SECRETARY OF WAR.
A telegram of Sunday night from the same
correspondent says:
Tho President has directed Attorney General
Staubery to apply 10 the Supreme Court OF the
United States tomorrow morning for writ
quo pa1ranto against Nh. Stanton, thus bring
ing the constltutionality of tho Tenure OF Offico
law directly before the court, and obtaining
speedy adjudication OF the conflict.
Hon. Thomas Ewing, Sr will be tomorrow
nominated by the President as Secre AIRY of
War. Uice Stanton, removed. This nomination
was prepared yesterday, but the Senate adjourn
cd before the Presidents Secretary, Colonel
Moore, reached inc CAPITOL MT. Ewing S we'll
known ~ an old line Whig, was Secretary OF
the Int, ror under President Taylor, is O
lawycr OF distinction, was n supporter of the
war for the Union, and is one OF the mot
prominent members of the Union Conservative
party.
REPORTS AND RUMoRs AFLoAT-vIEws OF PROM
1NEyr REPUBLICANS ON IMPEAcu11ENr-THE
ISSUE EJoINED-coNvERsATIoN WITH MR. STAN
roN-KINa CAUCUS AND IMPEACHMENT -sUP-
ELEMENTARY RECONSTRUCTION OPPOSITION TO
1MPEAcuMENT-aoLD GAMBLING, ETC.
Another correspondent Of the same paper
writes OH Sunday night:
Tho city continues in state Of feverish ex-
element owing to the pcLdlng impeachment
of the President and every orc who takes an
interest in public affairs is anxously awaiting
new developments. In the alb cncc Of facts ru-
mors gam currency, and from time to time as
thoy arc exploded new ones are invented to
take their places, such as the alleged arrest Of
General Grant. All these excite, but do not
satisfy the constant demand at hotels and in
congressional circles and elsewhere for the
latest intelligence.
The Executive Mansion was visited in the
course of to-day by Secretary Seward Adjutant-
General Thomas and number OF Democratic
congressman. Republican Senator's and Repre-
scntativcs, including Messrs. Conkling, Chand
Ter. Thaver, Wade, Morgan, Judd: Farnsworth,
Logan and Boutwell,, repaired to the War De-
partmcnt. 1t IS reliably ascertalned that the
- t;o, Loi ,vaon them and the Sacrntorv of