The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-03-09
THE CABINET
The Stewart Difficulty-COntra-
dictOry Reports as 10 His In
tentiOns-What the Senate
Thinks Of His Ineligi-
bility to Serve.
Secretary stewards Proposition.

mr. stewart, after consultation with many
OF the most prominent men OF the dominant
party in Congress, became convinced of the
tact that the law which made him ineligible
would net be repealed, and In order to relieve
an concerned from the consequent EN- barrass-
nent, he expressed to the President his willing.
less TO retire. The President, in return, de-
Mared to Mr.. Stewart his desire to have him
continue, but in the cont ingeucy of that being
impossible, Mr.. Boutwell, was asked IL he would
accept the portfolio Of the Treasury. To-day,
however, Mr.. Stewart conceived u new idea.
He had gone so far in the matter, and felt such
deep interest in the success OF the undertak-
ing, that he expressed himself as willing to
make any sacrifice necessary to obviate the diff
fcultes surrounding him. He therefore, after
Prosie ent, and made IAN absolute transfer and
disposition OF all interests aud profits
which may be derived irom car.
rying on his business during his official
term, the transfer to be made to Mr.. Astor, Mr.
James Brown, and Judge Hilton of New York
as trustees, who shall have au absolute disposal
OF the funds thus acquired for the use OF public
charity in the city OF New York: the trustees
in the matter of their disposition, To this
proposition the President readily assented; but
legs. advice. was deemed necessary before
best legal authority has been sought,
and among those consulted were Chief JUS
tice Chase, Caleb Cushing, ex AttorneV-General
Evarts. Senators Trumbull, Fessenden, Came
ron, Conkling, ex-senator Frelinghuysen, and
other prominent gentlemen in Congress.
Opinion is divided, but the majority are against
Mr.. Stewart. Between the two statutes, that OF
1889 and that of February 26, 1858, the opinion
is that there is no escape for Mr.. Ste wart, eX
cepting by his absolute Withdrawal from his
business. 1t is held that he cannot transfer the
contingent profits of business, and thereby
relieve himself Of all responsibility. Suppose
there should be no profits, but losses instead,
he would be the responsible party, and he re-
mains throughout in the capacity of an i'm
porter. His proposal, therefore, for temporary
transfer of his business is considered as insuffi-
cient to relieve him of his ineligibility. ALI
concerned have been fully advised in the
d%s Va # Mr. sewar sees no is
practical way of obviating the law he. will
make his resignation unconditional, and the Pre-
sident WIN then nominate no anew secretary. 1t
Should this occur 1t will necessitate change
OF the Attorney-G -Generalship, as the President
is adverse to having two men from the same
State IN his Cabinet. judi ye Hoar will probably
retire, and either Mr.. Tremain, or judge Pierre
pont of New York be called upon to accept the
position.
An Unconditional Resignation.
The same writer. at later hour telegraphs:
Mr.. Stewart, after the fullest consultation
with the President and the principal officers OF
the Government, including Senators and Repre-
seLtatiyes, has prepared letter of uncondi-
tiopal resignation of the Office of Secretary of
the Treasury, and has also, by the aid of coun-
sci, drawn articles of assignment, in accordance
with his previous proposition, to the President,
and De Will 10 morrow SUBMIT tne same 10
General Grant for his acceptance of either. The
matter Will be folly considered by the PresI-
dent and Cabinet, aud it is supposed will be
determined to morrow
How the President Received the Secre-
tary's Proposition.
The HeTdds correspondent, speaking of the
interview between Judge Hilton and Stewart
relative TO the latter's resignation, says:-
The two thereupon set to work, rapidly
maturing the plan, and after spending about
oil an hour Tins their carriaVn ed m
again. They put on their coats and hats, ran
DOWN stairs, jumped into the carriage and off
again to The Execu i've Mau.ion. Another VISIT
ana SO soon, called into President Grants face
an expression as nearly resembling astonishment
as his calm features ale susceptible of. When
they entered he was sitting in his chair at the
end of the long table, smoking cigar. He got
up TO receive them, and after his visitors we're
seated resumed his own chair and cast towards
them curiously inquisitive look, as much as to
say, what in the world is 10 come noW?n He
was not long left IN suspense. Mr.. Stewart
opened conversation. MIR. Pres dent" said
he, al have come TO make proposal, which
/ hope will be acceptable and at the same
time relieve you OF all embarrassment The
President here listened with some ex-
preston OF soleltude. he expected, no doubt,
Mr.. Stewart was about 10 say, IL tender you
ny unconditional resieDaijpn." Mr.. Stewart
continued, and AS he spoke Grant listened with
deeper and deeper attention. Finally Mr..
Stewart stated his proposal distinctly. Presi-
dent Grant ok the cigar ont OF his mouth
IL
Mr. Stewards face without uttering word.
Mr. Stewart broke the silence by asking, rs
the proposal acceptable TO you"
President Grant t-Acceptablei or course Ii
is. II is the most magoanimous thing ] ever
heard of in my whole lie. Acceptable, of
course; but ! was only thInklng whether |
ought 10 allow you, sir, TO make such saeri
fee for my sake.
Mr. 6tewart-Never mind that, General l
have enough to live on for the rest OF my life.
1t will be pleasure TO me to do this My ahec-
ton tor you and desire 10 serve my country, Il
can, prompt me to do 1t; and II 1t is acceptable
to you will do so.
President Grant--Of course 1t is acceptable;
but you are sacrificing great deal OF money
! for me, and am ih nkng that II Is question
whether ought to permit II.
Mr.. Siewart-Don't mind that part OF 1t, Gene
raj. Providence has been very good TO me. de
has done more for me than ! deserve, aud do
this thing now very cheertuily. DO you thlnk
The plan viii satisfy ,ee legal agae' and
President Grant, have no doubt 1t WILL
Mr.. Stewart Then shall take the necessary
steps TO do II.
Judge Hlton--I have advised Mr.. Ste eVart
that the plau he proposes will remove all legal
tinguished legal gentlemen on the subject: II
Is better therefore. before doing anything
further on the subject, TO consult with such
distinguished lawyers and judges as may be In
the city. ~, o.,
and Judge Hilton took leave of the President
again, To complete the story have TO al
thar The plan Tor the transfer was drawn, sao.
mitted 10 several distinguished judges and
lawyers, and approved. To number OF gentle.
men who called upon him this evening aDoa'
the matter, Mr. Stewart taid;-"Gentlemen, !
do this on account of my esteem Tor Ge1ersi
Grant. He thinks / can serve him Ia the Caol'
Act. will do my best 20 do SO. ! have no