The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-25

tary His purpose, 1t 1s alleged, l6 simply t
remove one officer and appoint another dd IN
order. then probably to test the matter by reg
Mar LEGAL proceedings in the civil courts, o
eating possession Of the Office through his a
Iu,e,jnn appointed, to compel MIR. Stanton t,
seek his remedy by ,crit quo Uarranto, or othe
procedure, to bring the matter before th
courts.
About two o'clock on Friday afternoon, it il
stated. the Paymaster-General received al
order signed by General Thomas as Secretar,
of War. ad interim, directing the closing o
tbat Office on Saturday, in honor Of Washing
toms. birthday. The War Department being
closed on Saturday no one was admitted bu
senators and members. sentinel kept guart
at each of the doors, while at the main en-
trance on Seventeenth-street two lieutenant:
and ID n numb mn OF messengers were on guart
and refused admission to au.' a number o
persons called to see officers on duty in the
building. and were admitted upon sending il
tlIeir cards.
DETAILS OF THE ARREST OF GENERAL LORENZO
THoMAs-HE Is TAKEN TO THE CITY HALL By
MARSHAL aooDINa-H1s APPEARANCE BEFORE
CHIEF JUSTICE oARTTER-BArL REQUIRED II
THE SUM OF $4,000.
The Washington Star, Of Saturday evening
says:
Last night, q warrant, undor the Tenure ol
Office bill, was issued by Chief Justice Cartier
for the arrest Of tien. Lorenzo Thomas, and il
was placed in the hands Of Marshal Gooding
this morning. Marshal Gooding, with his
deputy, Mr.. Phillips, and Mr. Morgan Chan.
dler, proceeded to the residence OF General
Thomas, corner 10th and 81 streets, and Judge
Gnodinr informed the General of the object oi
tho visit. Gen. Thomas Immediately prepared
to accompany the officers, not taking time TO
finish his breakfast, ut which he was engaged
when the Marshal arrived. He was at once
taken to the Marshal's Office, where Judge
Cartier had arrived. The latter informed Gen.
Thomas that he would require bail for his ap-
pearance Oh Wednesday morning Mt lO O'Clock
in the sum OF $1,000. Gen. Thomas was walt walt
ing bail at 10 o'clock. The arrest was managed
very quietly, and but yer y few persons knew OF
the affair.
General Thomas, when arrested, had not
many hours returned from the Goterie Carni-
val with his family, and it must have been
slightly discomposlng to the nerves to be dis
turbed at breakfast, after broken nights
rest. by summons Of this sort, but he took
the matter quite philosophically, donned his
best uniform coat, and proceeded with Marshal
Gooding on foot to the City Hall. AS they
pa. sed tho telegraph Office dispatch was sent
10 Mr.. Stanton, informing him that the arrest
had been made.
The aflidavit on which the warrant was is-
sued WAS made by MIR Stanton, as follows
10 the Hon. David K. Cartier, Chief Justice
of tho Supreme Court of the District of Co
umbia Comes Edwin Al. stanton, OF the City
of Washington, in the said district, and upon
oath says tnat on the 21st day Of February, a.
D. 1868, he, the said Edwin NJ. Stanton, duly
held the Office Of Secretary for the Department
of Var under and according to the Constitu-
tion and laws of the United States, that he
had. prior to the said 21st day OF February, A.
D. 1868, been duly nominated ID appointed TO
the said office OF Secretary OF War by the Pres,
ldent of the United States, and that his SAID
nomination had beer submitted in due form OF
law to the Senate OF the United Stat 8, and
that his said nomination had been duly assent
ed to and confirmed by and with the advlco Oh
the Senate: aud he, the said Edwin NJ. Stanton,
mad duly accepted said Office, and taken out
and subscribed all the oaths required Dy law,
upon his induction into said ofhce, anu was IN
the actual possession OF said office and per.
forming the dulles Thereon, Oh Inc NlsC uay VI
February, A. d. 1865, and he had never re,
signed SAID office, or bcen legally dismissed
tlcrcfrom, and hc claims thas he d ,es now lo:
cally iold SAID Office, AMI Is entitled to all the
rights, privileges, and powers thereof.
And the said Edwin NJ. Stanton on oath fur
ther states that on the SAD 2lst Day OF feDr1-
ury. 1868. in the City of Washington aforesaid,
ANDREW Johnson. President OF The United
States. made and issued an order in writing un-
der his hand, with intent and purpose OF re-
moving him. tho said Edwin NJ. Stanton, from
the said fiicc of Secretary for the Department
of War and authorizing and empowering Lo-
rcpzo Thomas, Adjutant-Gencral OF the army
Of the United States, to ect us secretary Oh war
nd inteIzo,, and directing him, the sad Thom-
as. 10 Immediately enter upon the discharge OF
the duties pertaining to that Office. And your
afia,lt iuI thcr states that tho sald pretended
order of removal Of him from the said o1hco OF
% ,olary OF War, Is wholly illegal and void,
and contrary TO the express provisions OF an act
duly passed by the Congress OF the United
States on the I'd day Of March, A. D. 1867, en-
titled ''An act regulating the tenure OF cel taln
sites that tho said Lorenzo Thomas did, on
the 21st day oi February, A. D. 1868, in said
CITY of Washington, accept the said pretended
nnpointmeut rs Secretary OF War al interim,
nnd on the. same day LETT with your afiant n
copy of the said pretended order OF the Presi-
dent removing your affiant as secretary
of War, aid appointing the SAID Lorenzo
Thomas, Secretary Of War dd mtertnl, anu on
the same 2lst day uj February, A. ID. 1868, IN
tho CITY OF Washington aforesaid, the said Lo-
renzo Thomas delivered to your atiiant tho said
pretended order of Andrew johnson, with In
lent to cause your afliant to deliver to hlm, the
said Thonas all tie records, books, papers,
and other public property now In MS (tnc am
ant's) custody and change as Secretary Oh war,
and yonr ailiant further statcs on oa!l that he
is informed and believes thas the sald !nonas
has. in said City Of Washington and DISTRICT
aforesaid exercised and attempted to exercise
the duties Of secretary of War, and to ISSUE
orders as such. and your affiant is also inform
cd and believes that the said Lorenzo Thomas
.1yes out and threatens that he WILL torclDly
remove YOUR complainant from the building
and anartmcnts OF the Secretary OF War IN the
War Department. and forclby take possession
aud control thereof under his SAID pretended
appointment by the President OF the united
States as Secretary of War al 1nle'.m'
And your affant alleges that the appoint
ment undrr winch the said Thomas claims to
III. and TO hold and perform the duties OF
Socre.ary OF War, is Wholly unauthorized and
illegal. and that the said Thomas, BY accepting
said appointment, and thcrcuadcr exercising
and attempting 10 exercise the duties OF Sccre-
tary of War, has violated tho provisions OF the
fifth section of the act above referred to, and
thereby has been guilty of hlgh misdeineanoT,
and subjected himself to tho palns and penal
ties prescribed in said filth section against any
person committing such offence.
Whor upon your athant prays tnat Warran5
may be issued aeainst Loronzo Thomas, and
that ho NAV bo thcreupon arrested ana DrouSnt
before YOUR honor und thereupon may b. dealt
with as TO the law and justice IN sucl case ap-
pertains. EDMlN NJ DIAN !ON; y;
Sworn aid subscribed before me this 2lst
day of February, 4. ID. lo1o. oo,,.
D. X. CAnTTER, Chief Justice.
The following is The section OF the act cited
by Mr.. Stanton in the above affidavit
An Act regulating the tenure OF certain civil
ofices-Iarch 2, 1867. Vetoed and passed
nynr camn