The New York herald., 1868-02-28

plainly evident that the law requires that all nomina
tons Tor Cabinet officers shall bo confirmed by the
Senate, and s'r johnson has mate q nomination
for the office Of Secretary Of war until he Nominated
Ewing of ohio.
General Thomas Action Against MIR. Stanton
for S1JO,OOO Damnaes.
This afternoon the following declaration was filed by
counsel on behalf OF General Lorenzo Thomas, and q
summons Will bs served Mr. Stanton and the case
VIII como up for trial at the ensuing Of the Circuit
Court
In THE SUPREME CouRr THE DISTRICT OF CoLuNBA:-
Lorenzo Tia mas Ed,oin NJ. Stintoa. Tie painh
sues ,he defendant in plea OF espas in The case Tor
that:-whereas the said defendant, Eds NJ Stanton
contrving and wickedly aud falsely and maliciousiy
intending 10 hurt, injure and aggr plaintiff
and without reasonable probable cause or just
pretence TO arrest and mprsnD and cause ana procure
10 be arrested AID Imprisoned, the said paintn, and
hin TO dcisn and to be detained and im
prsonet for long timc heret1fore-to VIII. on Inc
22d Of FcbIuar lS6s-lbiaine from the chef just
the Supreme the District OF Coiunb n cer
tain warrant against the said pla'n. dreo'ed 10 the
MAJ shat OF Tie said District of C,umha, whereby the
said Marshal commanded to take and the said
plaintn which sad wurrant is as follows rms war.
rant published in tho New YORK papers OF the a3d
nstl And tie said EDWIN NJ. stanton then aud there
falsely and mlriuusy aud without reasonable or
probable whatever caused and procurei he said
plaintiff to be arrested and taken ny tho said Marshal
and 10 be kept and contained custody fora tong time
TO w.t. Tor the spaco oi live days tho next following
and the said plantI says tnat such proceedings we're
thereupon had in his said case; that ailerwardsto wit
he 26ih day VI February 1865 it considered and
-. Is.
Supreme Couri Of the id District in hambers hot tho
said painIin should be schars6d from taii criminal
accusations by means OF which said premises he, the
SAID plaintit, WAS not orv imprisoned 10 the manaer
and for The time aforesaid, during all which time he
suffered and underwent great anxiety o. mind and was
hndered and prevented from follow ING AMI tansactng
hs necessary aud lawful affairs and business; that he
also forced and Obliged to lay out and expond
divers OF moncy--to wit, the sum OF $4,000
and about obtaining his release and discourage from
SAID arrest and imprisonment; and the sad plain III
also was ha been and H. on account Of said arrest
damaged whereby the said painir saith that he hath
damages ana IS in the worse 10 the value Of $3.50
a1d thereup3n he brings suit &c Ths plaintiff
sues the defendant In plea OF uespass on
| TIC case for thai; whereas lie. the said plain
fa.thfu and honest citizen OF tho United States and al
ways esteemed and accepted such un'il the iime OF
| tie committing of grievances hereDa ter mentioned,
ever hath been guilty or M misdeneanor
suspected 10 have been guilty until the
the sad Edwin NJ. Stanton, well knowing tho premises
aforesaid but coniv ng tn hurt, inre and prejudice
reputation aud to him to be believed guilty of
misdemeanor, and TO cause MIN TO undergo the pains
and pena III, o. the United States made and provided
against those mo are guilty Of srch msdemesnor and
otherwise 10 dsqule and injure HIM here oforeo
wit the 22d cay Of February, 1S6S-fasely ana
maciod,lv AID without any probable or reasonable
cause alleged aud objected against the SAID nun
that he, ,he sald PLAINTIFF was guilty. Of nigh msde
mcanor, IN that tile said plaintiff lid be ore ihem IN
lawful accept the appoutm Of the olco Secrs-
tary OF War ad in erina and did nnlawtuy hnld and
exercise and attempt to hold and ex"rcse, the sad
office and and there, for the said supposed o."
fence, the said NJ. Stanton falsely aud NAL ciou-iy
and without reasonable probable cause whatever
procured from y. K Cartier Chief Justice OF the SUI
prems Court the District Of Columbia warrant,
under his han seal OF the said court 'or tho arrest
OF said pla IT for the SAID supposed offence, and
caused the SAID plaintiff 10 be arrested and taken ino
custody by MARSHAL OF the District ~ Columbia for
the sad supposed offence; and afterwari-to wit: o.
the 26tn ot February, 1s6S-fa,sely, maiconsls md
without any reasonable probable whatese er
forced and obliged the SAID paintH To 30 ard appear
before the said X. Cartier Chief Justice OF the Su
preme Court OF the District Of Columbia. and he cy.
amined by and before said Chief Justice and
for sad supposed offence; but The Chfot Justice
then and there find sufficient for which
the said plainuT should DO retained in Gus
tody; therenron the said plain III was then
there discharged from and OF Of custody.
was in anv way, guilty OF the said supposed offence
the sad plaintiff is greatly hurt aud injured prci-
diced in his aforesaid good name fame credit and repu
a.on and been taken and sspec ed to be guiy Of
a msdemeanoT, and hath been kept and detained in
custody, aud hath suffered and undergone trouble
and been hndered and prevented from managing and
coniuc ing his necessary affairs and busine and he
hath been forced and Obnged to Law out ana expcnd
large sums OF money in and about obiaping ease
from aud o. custody and In and about the defence
OF himself and the manifestation OF his inn In The
Jremaes and he the said aintiH. also hath been
and Ia OCCASION of tho several premises aforesaid
otherwise greaiv injured and damaged, whereby tho
said Plaintiff saith that he hath damage aud Is tho
TO the value OF $3.50 000 and her foro no brings suit
II. I. MERRICK. po,nn,.
WALTER s. COX, i""'"H