The New York herald., 1869-03-07
WASH lin GT0M
The Tneligibility of Secretary
Stewart.
>~~>,-~~~~~~>o~~-~~
Message Of President Grant Recommend
Ing a Removal Of the Disability.
OPPOSITION AMONG SENATORS.
A Bill to Repeal the Law
Laid Over.
IMPORTANT MILITARY ASSIGNMENTS.
s,--~>~>~>~1.>o,~~~>~~>~~~ AZ
Lieutenant General Sheridan Returned to the
Command Of Louisiana.
~-~>>c~~~->~>s~~-~~~-~c>>
General Terry to the Department
Of the South.
A Bill to Repeal the Law
Laid Over.
IMPORTANT MILITARY ASSIGNMENTS.
Lieutenant General Sheridan Returned to the
Command Of Louisiana.
General Terry to the Department
Of the South.
THE CABINET DIFFICULTY.

TIE CABINET DIFFICULTY
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Mr.. stewards Case-NIessagc from President
Grant TO the senate Relating Thereto.
WASHINGTON, March 9, 1869.
The following message was sent TO the Senate to-
day by President Grant,
To THE SENATE OF THE UNITED STATES -
Since the nomination and confirmation OF Alex
ander T. Stewart to the ONCE OF Secretary Of the
Treasury find that by the eighth section OF the act
OF Congress- approved September 1882 1t provides
as follows, to wit -
And be IL further enacted that no person appointed
10 any Office instituted by this act shall, directly
indirectly. be concerned or interested in carrying
out the business OF trade or commerce, owner in
whole or part OF any sea vessel, or purchase by
himself, or another in trust for him, any
public lands or other public property, or
OF any public securities OF any State
Of the United states or take or his
Ing any business In the said department other than
what shall be allowed by law; and II any person shall
shall be deemed guilty OF q high misdemeanor, and
forfeit TO the United States the penalty OF So 600,
and shall, upon conviction. be removed from ONCE
and forever thereafter be incapable OF holding any
Office under the United States; provided that any
other and not public prosecutor shall give infor-
mal0n or any such offense upon which a prosecu-
flon and conviction shall be had. 0ne-half OF af0re
said penalty or $4,000, when recovered shall be for
the use oil the person giving such information.
Stewart has been unanimously confirmed by the
Senate, would ask that he be exempted by joint
resolution OF the two houses OF Congress from the
operations OF the same. U. $. GRANT.
WASHINGTON, D. c., March 4, 1862
The Question Of Mr.. Stewards Disability.
The great sensation OF to-day is that bothersomc
act OF 1850, almost century old, forgotten by
everybody except revenue people, and now only
raGed up to be thrust forward obstacle in the
way OF A. 7. Stewards legal acceptance OF the diff
cult post OF Secretary OF the Treasury The
fact that Stewart should have been nomi-
mated and confirmed without either President
Grant or single senator remembering the
existence OF the musty prohbitory law is, perhaps,
one OF the most remarkable circumstances
that has ever attended the making OF a Cabinet
since the days OF Washington. 1t is the more re-
markable also from the fact that Stewards name
was SO long before the public, coupled with the Sec
retaryship or the Treasury, anterior TO his nomIna
tion and confirmation, and anterior TO the Inaugural
tion OF President Grant. 1t seems strange that
nobody started the dificuly before, that the
tion might have been brushed from the statute book
In good time, that Grant might have avoided
his present curious predicament. Strange as 1t may
appear II is nevertheless fact But now that the
discovery Is made the enect Is great Sage
Senators find that they do not know everything
under the sun, ana not only that, but that
they who are charged with max ing the laws have nc
tualy violated one, very old one. however, which
was enacted In very old fogy times, when the idea
prevailed that nobody was t to administer govern
mental affairs but gentleman born with silver
spoon In his mouth, and so much OF gentleman
that he scorned TO engage in mercantile CONNER.
cial pursuits. The mere trader merchant was
then regarded as unit to be Cabinet ofliccr and
the law was passed. so at least soy some OF the peo
pie here, TO give the aristocratc chivary those
DAYS monopoly OF the governing power. 1t Is,
moreover, asserted that at least two former secre-
iaries Of the Treasury appointed and served In
spite OF the antiquated statute and that the national
interests suffered nothing by It, good proof it is
urged. OF the perfect useessness OF the enactment.
Spirit Of the Senate.
But let this be as 1t may. When the matter was
brought before the Senate to-day II was evident that
Grants recommendation not only did not please the
entire body but that some Senators would oppose
the passage OF the measurs OF repeal proposed by
Patterson and sherman. The latter was In favor OF
promptly responding to the Presidents recommend.
alton. but Sumner interposed an objection and as a
consequence the matter was postponed. When the
Senate adjourned the 1oor OF the chamber was In
vaded by crowds OF onssdcrs in quite as large force
as yesterday seeking gcs Ct the views OF Senators
on the subject Of the repeal. 70 ns query "would
the section be modIned or rcpcaicdU snch
senators as Morton, Thayer, Fenton, Kellogg, Saw
yer and Trumbull replied In the Affirmative, besides
almost the entire Southern and the democratic dele.
cations, wilson, Sumner Cameron. Catten, Conk-
Ing, Howe, Howard and Drake declared themselves
opposed TO the repeal and contended that the laws
OF the United STATES saQlla p2l be pede subssryl-
ent 10 the interest OF any Individual wha6vef might
he his standing. The widest diversity OF opinion
prevailed every side In reference to the selection
Of stewart as Secretary OF the Treasury, but 1t
panty to be observed that nearly all those In oppo-
p'tion TO the appointment Of Stewart belonged TO the
class Of needy once seekers that infest Washington
at this particular season. To such men Stewart was
altogether obnoxious. None OF them could make
application for position in his department on the
score Of political services rendered at this
or that election. There was a large crowd OF en-
vous merchants In different branches OF trade who,
out Of pure jealousy OF stewards good fortune, were
ready to dsrarage his character ana business quail
iiics and suggest everything against him that might
hinder the removal Of the disability contained in the
law OF l5so Conkling was particularly busy In
urging Senators not TO repeal the law which
Grant desired should be rendered nugatory, but
his argumcnts had little effect at least on the
leoninc ana determined Morton. Sumner made
no enort 10 enforce hs views. though everybody
could understand he was opposed to the measure
81 repeal conkling and Howe were the two con-
tpicuous members that circulated around the
Senate chamber cndeavorng to impress on mem
befs the necessity OF uphodng the integrity OF
section eight and Of keeping stewart out OF the
cabinet.
Views Of the Representatives.
The House was not In session to-day but n Iarre
number OF members were at the Capitol. mostly
around the Senate chamber. looking for new deve
opmcnis about the Cabinet and anxious to ascer.
tain what appointments had been made by the Prcs-
dent AS as the contents OF Grants message to
The senate relative TO A. r. stewart became known
u was The theme Of general conversation among the