Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-02-23
The Case Before the Courts,
The New Secretary Stands Firm
Impeachment Resolutions Re.
ported.
The National Democratic Con.
VentiOn TO be Held at New
York on the 4th OF July.

ment was occasioned throughout the city
this morning owing to the arrest of General
Lorenzo Thomas, on an affidavit made by
the Secretary Of War-Stanton. General
Thomas was admitted to bail in the sum of
| five thousand dollars, to appear before the
Supreme Court in the District of Column
bia on the oath inst.
About half-past eleven O'Clock, General
Lorenzo Thomas, having just been released
on bail by Judge Carter, presented himself
at the door and told Mr.. Stanton that he
would like to see him.
Mr.. Stanton requested him to proceed
with anything he had to say.
General Thomas remarked that he had
come to discharge the duties of Secretary
of War adj interim, having been ordered to
do so by the President of the United States.
Mr.. Stanton replied that he could do 20
such thing, and ordered him TO his room to
perform his duties as Adjutant General.
General Thomas replied that he had
been ordered by the President to be Secre-
tary Of War ad interim, and he intended to
/ do it. -
Mr.. Stanton again replied that he should
not, and again ordered him to his own
room; and denied the power of the Presi-
dent to make any such an order.
General Thomas said that he would not
60 that he should obey the order Of the
President, and not obey the orders of Mr..
Stanton
Mr.. Stanton remarked that "as Secretary
of War L order you to repair to your own
place as Adjutant General"
Thomas-"I shall not do So"
Staton-"Ihen you may stay as long as
you please if the President orders you. but
| you cannot act as Secretary of War"
Thomas-"I shall act as Secretary of
| War"
Gen. Thomas then withdrew into a room
opposite, being the general receiving room.
Stanton Immediately followed him, after
some conversation 4
Stanton-"Then you claim TO be here as
Secretary Of War, and refuse to obey my
| orders?"
Thomas-'T, do, sir. I shall require
the mails for the War Department to be
delivered to me, and shall transact all the
business of the War Depa rtment."
At this juncture Gen. Grant and Aid
came in. Gen. Grant said playfully to
Mr.. Stanton: Friends, am surprised to
find you here; | supposed you would be at
my headquarters for protection"
The following is the warrant for the ar
rest of Gen Thomas
UNITED STATES OF AMERICA, DIsTICT OF
CoLUMBIA-To David s. Goodin, United
States Marshal of the District of Columbia :
| |, David K Carter, Chief Justice of the
Supreme Court of the District of Columbia,
| hereby command You to arrest Lorenzo
Thomas, of said District, forthwith.
The following is the affidavit of Hon. f.
NJ Stanton, on which the warrant was
issued:
To Hon. David X. Carter, Chief Justice
of the Supreme Court of the District of
Columbia, comes Edwin NJ. Stanton, of the
city of Washington, in said District, and
upon oath says that on the 21st day of
February, A. D. 1868, he, the said Edwin
NJ Stanton, duly held the Office of Secretary
of War under and according to the consti-
tuition and laws of the United States that
he had, prior to said Dist day of February,
A. ID. 1868, been duly nominated and APP
pointed to the said Office Of Secretary for
the Department of War by the President
of the United States, and that his
said nomination had been submitted
in due form of law, to the Senate of the
| United States, and his said nomination had
been duly assented to and confirmed by and
with the advice of the Senate, and he, the
said Edwin NJ. Stanton, had duly accepted
said Office and taken and subscribed to all
the oaihs required by law upon his in
duction into said Office, and was in the ac-
tual possession Of said office and perform
ing the duties thereof on the said 2lst day
of February, A. d. 1868, and he had never
resigned said Office, or been legally dis
missed therefrom, and he claims that he
does now legally hold said Office, and is
entitled TO all the rights, privileges and
powers thereof; and the said Edwin NJ.
Stanton, on oath, further states that on the
said 2lst day of February, A. d. 1868, in
the city of Washington aforesaid, Andrew
johnson, President OF the United States,
made and issned an order, in writing,
under his hand, and with the intent
and purpose of removing him, the said
Edwin 81 Stanton, from the said
Office of Secretary for the Department of
War, and authorizing and empowering 10 |
reno Thomas, Adjutant General of the
army of the United States to act az Secre-
tsry of War ad interim, and directing
him, the said Thomas, to Immediately en-
tsT upon the discharge of the duties per
tanning to that office and your affiant fur
Their states that the said pretended order of
removal Of him from the said Office of See
rotary of War is wholly illegal and void
and contrary TO the express provisions of
90 act duly passed by the Congress of the
United States on the second day of March,
1867 entitled an act regulating the tenure
of certain civil Offices. Your sfiant on
oath further states that the said Lorenzo
Thomas did on the said Dist day of Feb
rusry, A. d. 1858, in said city Of Wash
ingtop, accept the said pretended appoint
ment of Secretary of War ad interim, and
on the same day left with your affiant
copy of the said pretended order of the
President removing your sthant as
Seeretarr of War, and appointing said
Lorenzo Thomas Secretary OF War ad
interim certified by the said Lorenzo
Thomas, under his hand as Secretary of
War sd Interim, and on the 2Ist day of
February, A. D., 1868, in the city of Wash. |
ington aforesaid, delivered 10 your afiant
the said pretended order ofAndrew John
son to the said Lorenzo Thomas. with the |
intent to cause your afiant to deliver to |
him, the said Thomas, ali records, books, |
papers anu OtheI PuDiC property now IN /
his, The atlantis custody and charge as
Secretary Of War; and your afiant fur
ther states on oath, that ne is informed and |
believesthatth esaid Thomas has, in the said
city Of Washington, and district Aforesaid,
assumed and attempted to exercise the du-
ties Of Secretary Of War, and to issue or
deTs as such; and your afiant Is also IN
ior1led and believes that the said Lorenzo
Thomas gives out and threatens that be
will forcibly remove your complainant
from the building and the apartments of
the Secretary Of War in the War Depart
ment, and forcibly take possession snd
control thereof RBder the said pretended
By the President ofthe United
States as Secretary Of War ad interim, and
your sffsut alleges that the appointment
under which the said Thomas claims TO
act and hold and perform the duties Of
Secretary Of War is wholly unauthorized
and illegal, and that the said Thomas, BY
accepting such appointment, and there.
under exercising and attempting TO exer-
Else the duties Of Secretary of War, has