The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-29

Nothing is going to be settled by the exam
nation; and 1 cannot disguise from myself
that the subject under consideration here is
undergoing the investigation of the highest
tribunal of the land, and do not propose to
trife with n question involving so many very
grave points. Concurring in the opinion Of
The counsel for the prosecution, that the de-
fendaDt will always be ready to respond to the
call Of the proper officers, think it is nv duty
to discharge the prisoner: General Thomas
ordered lis final discharge, end dismissed the
case.
General Thomas then left the courtroom, in
company with number of his friends, and as
he passed out of the building. was loudly cheer
ed by the crowd assembled to see him.
The counsel for Mr.. Thomas had obtained
a subpoena on Mr. Stanton to bring with him
his commission, which subpoena was placed in
the hands of Marshal Gooding for service
The following is copy OF subpoena issued:
In the Supreme Court OF the District oi
Columbia, February Is, 186S,-United States,
plaintiff, against Lorenzo Thomas, defendant,
No. = Law. The President of tie United
commanded to appear in this court as o wit
ness for the defendant, and bring with you
YOUR commission as Secretary of War immedi-
ately.
Chief Justice OF said Court
r. j. MEIGs, Clerk.
Marshal Gooding served the writ upon Mr..
Stanton at 1880, and returned it to the court
with tho following endorsement:
CITY HALL, WASHINGTON, l.. C.-The within
writ came to hand at nine O'Clock and fifty
minutes A. NJ, and was served on Edwin NJ.
Stanton, by copy delivered to him in person
by me, at ten o'clock thirty y 2 minutes ~ A; n. OF
to-day. DAVID .: GUIDING,
United States Marshal, D. g.
| Eol,,,,,o 1863
Mr.. Stanton did not appear, although he in
formed the Marshal he would be in attend
ance at twelve o'clock.
Immediately upon the discharge of General
Thomas, and the dismissal by the Court of the
case mado against him by MIR. Stanton, he
caused n suit to be instituted against stanton
for malicious prosecution and false imprison-
ment, claiming fifty thousand dollars DANA
ges.
THE TENURE OF OFFICE BILL-coNFLIcT OF
OPINION AMONG LEADING REpUBL1cANs-rTs
UNcoSsT1TurIoNALITY.
The Washington correspondent Of the New
York Herald details tho following proceedings
had in the United States Senate on Friday
last:
When the Senate had assembled in execu-
tive session the Presidential documents were
laid before The body, and Senator Bayard, of
Delaware. took the floor for the first time since
he returned, in opposition to the resolution
disappearing of the Presidents action, and
arraignlng him for acting In opposition to the
law and argued at length upon the uncon,
stitutionality of tho Tenure OF Office bill, and
upon it's entire inefficiency, then admitting its
constitutionality to restrain tho President
from removing any member OF the cabinet
Mr.. Dixon followed, and took the ground that
the President had the right to remove from
positions in his cabinet those whom he deem
ed were neither friends nor advisers. The
Tenure of Office bill contemplated nothing
more than the protection OF those who might
be fairly designated enemies OF the Executive.
Mr.. Stanton was included moro especially in
the number, and Radical friendship for him
sought, even ut the expense OF harmony IN tho
government, to retain him in defiance OF law
on.aiun SENSE and good taste, as so-called nd
wiser, but really as spy upon the Executive.
Mr.. uondrcks spoke i'll very strong terms
against what he designated al imposition Oh
one of tic co-ordnate branches of the govern
mcnt. to which neither Of the other two would
tamely submit. Ho instanced tho extraordl-
nary change of sentiment which some Repub-
llcan members of the Senate had undergone OF
late when an alteration Of the pontical posltloh
seemed impending
Senator Sherman, us chairman OF tho COM
miticc of conference OH the part of the House
when the Tenure OF Office bill was under con-
sidcration, reported that the bill. as amended
and approved by both Houses, did not attempt
to restrain the President from changing his
Cabinet.
MIR. Doolittle asked Mr.. Sherman if the bill
left the President power to remove Mr.. STAN
ton.
MIR. Sherman replied that it did.
Mr. Morton interrupted, and said at the timo
of The passage of the bill it was admitted tho
power to remove Secretary Stanton was taken
away from the President.
MIR. Fesscndcn interrupted, and said Moth
ing of the kind was understood by him, and if
he had thought that tho bill meant 10 effect
such an object rs taking away from the EXecu-
tive one of its principal clements of unity and
effectiveness, lie should have voted against it.
4 great dcal OF confusion here ensucd,
wide difference of sentiment being apparent
among the Senators.
MIR. Howe got the floor, and argued very
logically, though it reflected upon his party,
that the Senate had no power to curtall the or
ganic privileges of the Executive; yet, though
Inc was opposed to tho general scope OF tho
policy embraced III tho Tenure of. Oihcc Dill,
hc was unable to decide in this instance who
was most to blame, Congress or the Presi-
dent. ....
Ncssrs. Tnmbull. Fcsscndcn and Drake fol-
loved. and each in turn confessed his inability
lo give an opinion oil the law Which would fa-
yor the construction Of the resolution offered
that the President had viola cd the law
Mr.. Fes.,n,lcn said hc desired to read sta
tutcs more fully, and that he had little doubt
he should ind some law which would justify
The President in his present course.
Mr. Drake astonshed every one by his con-
scrvatisln. He, like Fessendcn, was unablc to
form all opinion favorable to the resolution;
neither could Trumbull.
Tho whole dcba c, occupying as it did over
six hours, was long and exciting, for tho sole
reason that Greek met GrceA, or IN other
words, Radical was pitted against Radical,
while the handful Of Democrats disappeared
i'll tic conflict.
Howard. Chandler, Sumner, on the one side,
Trumbull, Howe, Fossendcn, Oh the other,
made TIC chamber ring with angry conten-
tons. Old GalTct Davis would have given
something 10 get chance OF breaking lance
in the exciting contest, but the tremendous
current Of Radical argument left HIM helpless,
and swept away even moro strong minded ora
tors After an almost incredible amount Ut
talking over the const tutionaIty and the re-
verse of the Tenure Of Office law the following
resolution was adopted
Whereas, the Senate read and considered the
communication of the President stating that
he had removed Edwin NJ. Stanton, Secretary
of War and he designated The Adjutant-ieneral
OF the a1my to act as Secretary OF War dd mte-
rim, (; therefore .,,o,
Rcsolvcd by the Senate of tho United Statos,
That under the Constitu on and laws OF the
Uni.cd States the Preside has no powor to
remove The Secretary of and designate
any other officer to perform Il 'utls OF that
Office al tptel m.
The yeas and nays were not tken on the
I,...x Tl,nt 10 nt+f-