New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-06-14

AUGUS ORDERED TO THE WEST INDIA
FLEET-sECRETARY FISH AND THE CUBANs'
EBY TELEGRAPH TO THE TRIBUNEI
WASHINGTON. June 10, 1862
The case of Vim I. SmithsOn against Edwin Nj.
Stanton, is expected to como before the Supreme
Court of this District tomorrow, upon motion OF
plaintiff to produce certain original letters Smlthson
who is citizen of Washington, sues Stanton for
damages, laid at $4,000 for trespass and false i'm"
prisOnment He alleges that Stanton, in 1863, while
Secretary Of War, caused him to be imprisoned In
Fort Lafayette, where he remained four months and
was then released, there being grounds for hold
ing him. That afterward Stanton again caused his
arrest a spy, had him tried before COurthartial,
sentenced to five years imprisonment, and sent
| to the Albany Pententiary, where he remained one
year. and was then released by President Lincoln.
Meantime his property was sezed, and his family
turned out of their house. and his furniture disposed
of. Plaintiff alleges that there was ground for
the proceedings, and that letters used on the
trial were forgeries gotten up expressly to
make a case against him, and he moves that the
originals be brought into Court for inspection. The
defense sets forth that Smithson acted spy, gave
information to the enemy and advised an assault on
the Capitol. That he wrote reasonable letters in
1860 under the assumed name of Charles r. Gables,
that he acted as financial agent for the enemy and
raised money on bills of credit. &c; that he was so
engaged before the time of the alleged assault and
Imprisonment; that at that time this District
dermartallaw, and he (Stanton being then Secretary
of War and believing above recited facts, caused
the arrest and by the advice of the Judge Advocate
General and Solicitor of the War Department had
SmIthson tried before cOurt-martlal on the I'd of
October 1868, on the charge of shodng correspond
ence with and giving intelligence TO the enemy and
that he was found guilty and sentenced to imprison
ment for five years in the Penitentiary The sentence
was approved, and SmithsOn imprisoned in the Albany
! Penitentiary until November, 1864, when he was
released by order of the President but not pardOned
the sentence being held against him surety for his
good behavior As to alleged breaking ejectng, and
putting out and removing his family and servants
from possession and thereof and to Selling of
| furniture, the defendant says plaintiff should not
recover because by virtue of the act Of Congress of
July H. 1862 to punish treason conscate the prop
ery of rebels &c, it enacted that property and
effects of rebels should be seized. This act was done
as Secretary Of War, and he is protected by the
fourth section of the act Of Congress- March g. 1863
that any order Of the President officers under his
authority during the Rebellion shall be a defense i'll
all courts to any suits for any search seizure ar
rest, OF imprisonment made done, or committed. by
virtue of such orders. 1t is expected that the trial
will be a very interesting one it being the intention
of the plaintiff to make it a test case, and he will
carry il up to the Supreme Court in the event of
adverse decision.
Great excitement was occasioned among the War
Department employees, yesterday, by the promulga
tion of an order requiring the discharge, with 80
days furough from the 18th inst, of all General
Service clerks and others not authorized by law
The effect of this order, if carried out, il is said
would be virtual suspension Of the business of the
Department, it discharges nearly GOO clerks, sew
en-cighths of whom have served in the army. One
branch of the Aduant- Generals Office employs IA
clerks. By the execution Of the order this Bureau
would retain buA two olerks-not sufficient number
TO open the morning mail The order for the most
part discharges the only friends of the Administra
ton In that Department leaving the old clerks who
have secured permanent appointments by service
of ten years and upward, and dischargng those who
really transact the business of the Office In reply
to telegram, it is said. Gen. Rawlins has directed
the suspension Of the order until his return, and the
Quartermaster- General in notifying his clerks of
their discharge requests that they retain their desks
and not avail themselves Of the leaves Of absence
granted them The order will doubtless be revoked.
The steamer Tallapoosa which recently conveyed
the Presidential party TO Annapolis, has been ordered
TO tow the iron clad Saugus which has been laid up
at the Washington Nayy-Yard for several months
past, to Key West. The Saugus is to report TO Ad-
mTil IOfi 10 REINFORCE the NOIln
Ii is understood that Secretary Fish has replied to
Mr. Ruiz the representative Of the Cuban insurg-
ents. that he sees no change in the situation of
affairs in Cuba to warrant any change in the attitude
of our Government toward his people.
EThe Secretary of the Navy has issued an order to
the Commandments of NayyYards, forbidding any
one being allowed to examine into plans, models, IN
yentiOns, guns, small arms, or vessels of peculiar
construction. without his special permission.
The Navy Department has determined to exclude
from the Nayy-Yard and workshops all persons who
would be likely to create political discussions, it
being the intention of the Department to discourage
political demonstrations to the neglect of business
The Secretary has given directions, however, that
worlmen shall not DO discharged merely for the pO
litical principles they may entertain.
Suit was begun IN the Circuit Court here on Satur
day, by James Starkweather of Michigan, against
the Baltimore and Ohio Railroad Company for
$4,000 damages, because the plaintiff and wife hav
ing on the 10th Of November, 1865 taken passage on
the cars of said road to be brought to this CITY, and
having as alleged followed the direction of an agent
of said Company and attempted to the track at
the Relay House. where, by train of the Defendants
said Roxana was knocked down, run over, her body
horribly manged, and her limbs severed, by means
of which injuries she died in abOut three hours
The Knights Templar of this city, Georgetown, and
Alexandria will take special train tomorrow for
Philadelphia to be present at the grand Masonic Gel
ebration in that city on Tuesday, which promises TO
be very successful affair Delegations are expected
from all sections OF the country.
Mayor Bowen of this city, together with large
number of Government officers and citizens, took the
train tonight for Boston to attend the Peace Jubilee
INTERNAL REVENUE OVERWHELMINGLY
OF BREVET MAJ.-GEN. S. S. CARRoL-TRooPs
TO BE USED TO ENFORCE THE REVENUE
LAWS IN NORTH CAROLINA.
tcuuRRAI pREss DtspATCUI