The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-08-29

and munitions should be carried for the Gov
ernment free of charge. During the rebel
lion, in the din and crush of the occasion, the
War Department, without reference to this
condition, allowed the railroad freights sx-
ceeding two million dollars. When time was
found to take breath, attention was called to
the claim for this great sum, for services
which the law exacted in return for the grant,
and bill was introduced into the House of
Representatives to save this money to the
Government.
Mr.. Washburn, of Illinois, warm friend
OF President Grant, was a warm supporter of
the bill. Other members from Illinois also
supported it. Senator Trumbull was quoted
for it, when it should reach the Senate, and it
threatened to give the railroad serious trouble.
Representatives of the imperiled corporation
locked to the rescue, and suddenly Senator
Trumbull appeared as the most active and
busy opponent of the bill. He haunted the
House of Representatives, to point out to
members the wrong and injustice of such a
measure. After persistent struggle, the bill
was defeated, and then came curious COIN
cidence. Senator Trumbull was credited with
defeating the bill, and forthwith George Trum-
bull, the brother and law partner of the SEN
ator, was made General Attorney for the Illi-
nois Central Railroad, at an annual salary of
ten or twelve thousand dollars a year. George
Trumbull was notoriously Inadequate to such
a place, and the man put out to make room
for him was distinguished for his capacity and
faithfulness. This gentleman, thus suddenly
displaced, applied to the President of the
road for an exploration, asking if any fault
was found with him. The answer was, in
substance, mo fault with you; far from it.
1t was necessary to give the place to Mr.
Trumbull. No explanation can be made.
Things are sometimes necessary which can
not be explained" The depOsed attorney
was Immediately informed that he was still
relied upon to do the work, and was request
ed to continue it, charging for his profession
al services as he would charge clients in gen.
eral; and he did continue, the law partner
and brother of the Senator receiving the sal
ary, but the man he superseded furnishing the
brain and the service required. Another affair
shows the Senator an adept at turning profess
sional penny with legislative opportunity.
The case of McCardle is here referred TO.
to. McCardle was arrested and detained un-
der the Reconstruction acts, for stirring up
turbulence in the late rebel States. He sued
out a writ of habeas corpus from the United
States Circuit Court of Mississippi, and, amer
hearing. was remanded 10 Imprisonment by
the Court. He claimed the right Of appeal
to the Supreme Court, and the impression
prevailed that several Of the Supreme Judges
1.-THE Bench being not then flll) were biased
against the Reconstruction acts.
Excited as the times then were, much ap-
prehension prevailed OF the IN effects OF de-
eision disturbing existing legislation, and the
right of appeal being questionable, IL was
thought wise by some 10 settle the matter At
once by act Of Congress.
II was proposed 10 declare By law that in
such cases Jurisdiction should be confined 10
the Circuit and District Courts Of the United
States. This Senator Trumbull strenuOusly
resisted, on the ground that no appeal or
writ Of error to the SupreUe Court lay in
such case. This position, he insisted, could
be surely maintained before the Court itself
On the other hand, il was urged BY Senators
that, if such were the law already, no harm
could come from declaring il; that at that
stage Of the proceeding there was no unfair
ness or improperly in legislating upon il, and
that il the Court should assert is jurisdic-
ton, TO legiSlate afterward might be open to
grave objection. Senator Trumbull resisted
all proposals of legislative action with notice
able pertinacity, and, being Chairman Of the
Judiciary Committee, was a lion in the path.
In the absence of legislation, the case pro-
ceeded. Mr.. Stanton consulted two Sena-
tors, neither Of whom was Senator Trumbull,
as to the propriety of their appearing in the
case as council. These Senators found, in
the act of Congress forbidding Senators to
make any contract with the Government,
for services or otherwise, and also in the pos
sible need of legislation in regard to the mat
ter, insuperable objections to their accepting
employment in the case. 1t turned out,
hamaunr 49, Ge------rr------a--n n ----ri-y-
ed as counsel. He presently went into Court,
in December, 1867, and moved to dismiss the
appeal for want of Jurisdiction, stating the
grounds previously insisted ON in his CONVEX
sations with Senators. The Court, at the
same time, denied the motion, and decided
that it had jurisdiction. On the I'd, Sd, 4th
and 9th of the following March (186S) the
case was argued on its merits, Mr.. Carpenter
(not then Senator) acting as chief counsel,
but Mr.. Trumbull also taking part The
court held the case under advisement, and
the impression went abroad that the decision
would be in McCardle's favor. Thereupon,
and within two days, an amendment ousting
the Court of jurisdiction was moved in the
House to bill enlarging the jurisdiction of
the Court i'll revenue cases. 1t passed with
out observation, went to the Senate, and
passed there with less than five minutes dis
cussion on the 18th of March, three days af-
ter the argument in court. Senator Trum-
bull voted for it on the yeas and nays. The
bill was vetoed ON account of this provision,
its object having meanwhile become known
to all, and on the 25th of March the veto
message was taken up in the Senate. Sena-
tor Trumbull urged immediate consideration,
unless all would agree to a final vote the
next day. An agreement was accordingly
made to vote the next day at o'clock, when,
upon the yeas and the nays, Mr.. Trumbull
voted to pass the bill over the veto, and it did
pass. By whom this amendment was pre-
pared, who carried it to the House, who
whole affair, cannot be learned from the rec
ord; but Mr. Schenck, now Minister to Great
Britain, Mr.. James F. Wilson, of Iowa, and
several others, members of Congress then,
could tell. Sons of them have told.
For his services Senator Trumbull charged
and obtained $4,000 from the Treasury,
apart from his pay as Senator, the bill being
presented in his own handwriting.
One thousand dollars was paid him on the
7th of March, 1868, two thousand dollars ON
the 9th of April, 1868, and seven thousand
on the 23d ofApril, 1858. At the time of this
employment, and at the time OF each of these
payments, an impeachment of Andrew john
son was pending, and on the 26th of May,
1868, one month and three days after the last
payment, Senator Trumbull, differing with
the great body of his party, voted to acquit
Andrew johnson. A mind and a heart less
malevolent than his might add to the unde-
niable ugliness of these transactions an un-
pleasant association of dates. Senator Trum-
bull sought to becloud his predicament by
stating in the Senate recently that the formal
retainer received the signature of Gen. Grant,
temporarily acting Secretary of War, and by
| leaving it to be inferred that Gen. Grant or
| Mr.. Stanton, and not Andrew johnson,
really gave him this money making opportu-
nifty Obviously Gen Grant, -nheying the
| order of the President, and, setting for a few
| days as l0cum tene1ls of the War Depart
ment while Mr.. Stanton was sdispossessed, was
not the author or originator of Mr.. Trum-
bulls selection as counsel. Mr.. Stanton's
! known bad opinion of Mr.. Trumbull, and the