The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-08


Cabinet meeting. Immediately thereafter he
directed District Attorney Dyer to furnish the
military court all the evidence in Dabcock's [
case. TO this command Dyer promptly replied;
Ia It expected by the Attorney General that evidence
Procured BY the process OF tns Di,rict snd Sircut
Chicago Of the Jur-dcton OF this Court and de-
lyeIed INTO the hands Of military court IN time 9f
Of The evidence before the Grand Jury and In the
thn the cour viii not tolerate such pr6cecGlns and
could not personally take tho responsibility without
incurring It's CO tempt.
I his knocked the wind out Of Plerrepont, but |
ho determined to get evon-supposlnx that It
was Henderson who inspired this caustio reply. |
GRANT IN RAGE.
The President, when Informed OF Dyer's con-
tumacy, was in a towering rage, and charged It
all upon Henderson, who, he said, was his bitter
personal enemy, and was bent on running him.
Now, the ohjectional paragraph from Honder-
sons speech was printed In The sun, as above
stated Dec Z, but three days before this the st.
Louis papers containing the speech In full had
been received in WashnRt on. and the part sup
posed to reflect upon the President had been
re I'd and commented upon In the Department
OF Justice. On the sth Of December District
Attorney Dyer telegraphed a. follows to Attor-
ney-Gencral Pierrepont: "Thc Grand Jury. y
a vote VI Is to ., decided to indict Gen. Bao-
printed In the New York papers, and the Attor
ney- General was officially advised Of the action
Of tho Grand Jury. 1t was not until this an
uluncement was made-that Babcock was actu-
ally indicted-that the Attorney-G neral dis
covered that there was anything In Hendersons
speech In the Avery trial which meritei con-
demnation. This is shown by his first despatch
70 Dyer, which was as follows:
wAsuiNGroS. Dec o.
fycncc 1as fcached here t6at in to- tria Of Ayesy
Mr. Henderson took avantage Of h o',tIYn A. special
was not on triai. His enorts in that line viii be 10
PG AZ tHr by ,as g gsgaTmSns You viii give
EDwARDs PiRRRKroSr A,torney-General
The exclamation OF Dyer was prompt aud
sufficient. He declared that tho assertion that
Henderson had assailed the President was un-
founded. Henderson himself telegraphed Inn
mediitely that his speech was extemporaneous,
but denied most positively that he had reflected
| on the President In any way, and asked that
| judgment be suspended until the ofhcial report
| OF his speech. which would be forwarded, was
received. The next day Pierrepont, without
waiting for the official report, telegraphed
Dyer TO dismiss Henderson, stating that his
speech was condemned by every member Of the
Cabinet
tits immaterial whether this statement was
literally true or not. II matters not whether
] secretary BrlstOW approved OF fienueIson D
speech or not. but It Is well known that he
strongly advised assnst Henderson's removal.
on the ground that IT would be prejudial to the
prosection OF the cases against Mckee and Ne
guire. II 1. quite possible that he avoided an
| issue on the language used by Henderson In re-
ferring TO the President, and urged that his dis
missal would be interareted by tho country as
an attempt TO shield Dabcock. However pure
their motives might be, they would not be
understood In this Hight, and the President. 10y
his Indifference to the speech Of Henderson.
would greatly strengthen himself with the pub
lie. But the President Indignantly rejected this
advice. and Dristow's objection WIS adroltly
met by Pierrepont, who proposed that the most
eminent lawyer OF Democrat proclivties In st
Louis should be secured and retained in Hen
detson's Nace.
BRIsTOw ALONE IN MS CRUSADE.
Ths lines OF demarcation had been drawn, anC
Brlstow stood solitary and alone on the side o
justice and right. The Att0rney-General an'
p rstmaster-General, who had erst been sucl
blatant reformers. went over TO the defence o
officlal jobbery and knavcry, and It wes plain u
the Secretary OF the Treasury that his efforts L
reform his department and purify the revenu
service would sooner or later DO rendered aboI
tive. The Attorney-General had wantonly In
terfered In matter over which he had no con
,, sumed 20 dictate the policy that was to oe pei
sued In the prosecution Of offences AGAINST tn
revenue laws. But Notwithstanding all this wa
clea' 10 the Secretary he determined not
make an issue on collateral question. but I
stand firmly and unswerylngly on his legal right
and force his enemies TO make an issue wit
, him. THIS Is what has happened, and II IS onl
a question OF few days, possibly weeks, till ia
nre which has 30 long been smouliering wi
break out and the volcano Of Presidential wrat
= begin erupting.
y To understand the present posture OF ANAL
In the Cabinet let the reader observe particl
lnrly the following legal expostion First. III
Attorney General from $50 to 1867 had only
. coordinate Jurisdiction over cases arising und'
the revenue laws. The act Of May %, lbSO, gay
u the solicitor Of tho Treasury the authorit
q with the appreciation Of the Attorney Genera
to establish such regulations, not in'onsstei
with law, for the observance OF District A
: torneys and Marshas, respecting suits In whiC
the United States is party. as may be deeme
u necessary for the Just responsibility Of tboi
u officers and the prompt collection Of all rev
= nuos and debts due and accruing TO the Unite
States" Here II will be observed that the la
g officers OF the Government are under the dire
-" tion Of the solicitor Of the Treasury, who is on
u nomnay Of the Department Of Justice, q
u though the regul itions he prescribes for Il
> government Of District Attorneys in cas
arising under the customs laws must be .
Il proved Toy the Attorney General But the a
~ OF March .. 1851, took internal revenue cases e
10 tirey ont Of the jurisdiction Of the Attorne
y General. The language Of the act was
follows:
THE PLAIN LETTER OF THE LAW.
10 That In the suits proceedings arising under the
torLa revenue laws, to which the United states IS
IaIfy and IN hll suits or proceedings against collect
~ other Cccr OF tho internal revenue wherein
ia Attorney kha appear for the purpose OF prostc
ing defending, Il shan be the dutY OF sald attorl
p in.eud Of reporting TO the solicitor OF the 1feasu
Immediate at the end % every term Of the court
, which said sut proceeding 10 or shan be institute
"a forward to the Commissioner Of Internal Revenue
such suits proceedings appearing upon the docket
al said cOlri proNid that upon the inst tuition ot
such suit proceeding n shall be the DUTY uf sald
el tOrnry report to said Commissioner the full part
H. lars relating sucn suit proceeding; aud It shall
the uuty OF the COmnissioner Of Internal Revenue one
IL ne Al plOudI Of ne sRC RETAEY OF THE lREAsuRN
establish such rules ana regul1uons not mconsisl'
with law for the observance VI revenue othcers, l.
trict Attorneys, and Marsha T. respecting suits ari,
IT, States 10 parry as may be deemed necessary for
On Just respOn bty Of those officers and the prompt
~. lection OF all revenues and debts que and accrung
- the United States under such laws,
ct Under and by authority OF this section Of
xt act OF March 2, 1887, the Commissioner Of
| ha Of :