The Bedford gazette. (Bedford, Pa.) 1805-current, April 03, 1868, Image 1

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    Xepl gotiff.
1 > ECE I PTS^^nn^lPENm-
TUBES of the Poor and House of Eraploy
mentof B"dford county, for the year ending Jan
uary 1, 1863.
Win. Bowles, Treasurer, J)r.
To ain't rec'd from former treasurer, Geo.
Blvmyer $8033 65
To ain't from collectors, 7148 28
To ain't from Esq. Roberts, fines, 4 00
To ain't from Joseph F. Barley fines, 6 70
To money borrowed from Rev. S. Kepler 550 00
Total $15,792 63
Treasurer, Cr.
By amount paid on checks as follows:
Merchandise, • $1625 14
Hardware, 127 30
Hnigs, 132 00
Groceries, 26 18
'Beef, 1005 99
Bacon, 380 43
Pork, 3-1 56
Potatoes, 11 25
Corn. 22 50
Cider, 10 00
Oats. 2 25
Applebutter, 218 08
Syrup, 40 50
Vinegar, 13 60
Out-door paupers, 611 92
Removal of " • 102 37
Issuing orders, 16 75
Blacksinithing, 24 61
J I Noble, manufacturing goods. 155 87
Castings mid cooperage for mill. 24 9.8
One horse, 165 00
Mill license, 10 20
Insurance, 16 00
Funeral expenses, 44 00
Coffins, 36 25
Toll. 30 51
Pennsylvania State Lunatic Asylum, 216 8o
Services as matron, 15 00
Medical attendance, 207 50
D. R. Anderson, salary and extra services, 84 00
Samuel Beckley, do do 8-1 00
Michael Diebl, do do 84 00
S. Defib mgh, salary as steward, 250 00
T. R. Gettys, salary as clerk, 50 00
T. R. Gettys, makin ? out and distributing
duplicates, for 1864 and 1867, 97 70
E F Kerr, salary as att'y and extra services, 135 00
J W Dickerson, do do 115 00
William Bowles, salary as treasurer, 50 00
Durborrow A Lutz, printing, 66 40
Meyors 4 Mengel, do 66 40
do do advertising, 180
Sundries, as per bills filed, 251 61
Sundry articles of furniture for poor house, 73 93
Old checks, 5710 79
Judgment of Dr. Conrad, 30 32
Costs in Bixler case, 52 00
Interest paid on Rev. Kepler's note, 43 50
Amount overpaid on duplicates, 4 87
Auditors and clerk, 40 00
Total credits. 513568 95
Charges. $15792 63
Credits, 13568 95
Balance in Treasury. $2223.68
Oaring county from collectors, 11022 21
Indebtedness of county, about 4000 00
We, the undersigned, Auditors of
Bedford county, do certify thnt we have examined
the foregoing accounts of William Bowles, Treas
urer of the Poor and II >use of Employment of Bed
ford county, and found the same to be correct and
true, as above stated. Witness our hand* this 9th
day of January, 1868. JAS. MATTINGLY,
Attest: JOHN D. LUCAS,
W. C. SCHAEFFKR, S. WHIP, Auditors.
marl3w4 Clerk.
Statement and Report of Samuel Do
fibaugh. Steward of the Poor and House of Employ,
mem of Bedford county, from January 1, 1867, to
.Tauuiry Ist. 1868.
Dr.
1867, Jan. Ist, To balance at last set
tlement $3O 74
To cash received from sundry persons;
R Sheeter for muslin 50
L. Riugler for corn 1 10
Miller for bran 40
M A Line for corn 1 50
Wm Chenoweth for 100 lbs buckwheat flour 3 50
J E Wills for sugar 4 40
H Defibaugh for 1 qt. syrup 15
J Shoemaker for tomatoes 2 25
H Crawley for tomatoes 75
J E Wills for butter 1 00
H Moses for beef 1 35
M A Line for coal 5 37
J E Wills 3 60
Muslin 1 03
$57 64
By balance 69 61
$127 25
Cr.
By cash paid for sundry articles, na follows :
sixty nine and a half bus. ears cor® $24 43
Win. Allen, making two coffins 1 00
Post-office box 1 00
V Stockman, whisky 12 00
J L Lewis, blank book 2 25
, Butter 87
S Reighard, apples 2 00
—Dichl, butter 50
Miller 4 Evans, butter 2 40
F McGiven, removal of Pauper 1 00
Revenue Stamps 1 50
E Diehl, 3 bus. apples 3 50
J. Shaffer, butter 2 90
M Howser, altering stock 2 Co
C Evans, butter 1 00
England, butter 2 30
J Danker, Lime 80
J T Gephnrt, vinegar 60
England butter I 80
1800 lbs. hay 10 80
T M Lynch, Plants * 45
J Dunkel, lime 1 20
A J Pennell, horse hire 4 50
H W Ressler, removal of Pauper 2 50
Revenue stamps 50
500 rails and 50 stakes " 10 75
J Wolf, ink 50
I Mengel, horse hire 83
II Defibaugh, work at race 6 00
V Steekman, whiskey 2 00
T. Mason, cherries 2 00
J. Mower, repairing 1 00
A tlarman, bucket . I 25
A Wolford, work at race 1 50
Mrs Snyder, butter # 00
Euvelopes 87
J J Shoemaker, whiskey 5 00
W Cook, repairing shaft 25
J J Shoemaker, whiskey 1 50
Box matches I 00
3 green scrubbers 3 00
-•5127 25
Produce of Farm and Garden
33 loads of hay, 450 bushels of potatoes. 400
bushels ears of corn, 160 bushels of oats. 15 bush
els of buckwheat, 3 loads of sweet pumpkins, 20
bushels of large onions, 2 bushels of small onions,
6 bushels of shelled beans, 12 bushels of beats, 3
bbls. of cucumber pickles, 3000 heads of cabbage,
10 bushels of turnips, 10 bushels of parsnips, 5
busnels of peas, 480 pounds of mutton, 12 sheep
skins. 6 calf skius, 420 pounds of veal, 3775 pounds
of pork. 363 pounds of butter, vegetables used
during summer not accounted for.
Stock on Farm.
87 head of sheep. 18 shoats, 2 brood sows and 6
6 bead of cattle, 1 beef, 3 horses
Bought of Wm Dunkle 4 beef cattle for $126 00
dcT do Sim'ou England, 2 do for 42 00
$l6B 00
2654 lbs of beet at 7i per lb 199 05
368 lbs of beef hide at 10 per lb 36 80
190 lbs of tallow at 14 per lb 26 60
$262 45
Articles Manufactured by Matron.
70 women's and children's dresses, 62 do.
chimeses, 19 do. skirts. 40 pr do. stockings, 44 do.
aprons. 5 do. bonnets, 1 do. sack ; 6 men and boy's
round j ickets, 60 do. pants, 100 do. shirts, 9 do.
draw-rs, 8 do. coats. 23 do. socks. 3 do. vests. 8
comforts, 4 leather ticks, 6 chaff ticks. 11 bolsters,
56 pillow slips, 31 sheets, 36 towelg.
Number of paupers remaining Jan. Ist, 1868. 69
Number of paupers admitted durng the year, 47
Number of paupers escaped during the year, 1
Number of paupers discharged during the year 28
Number of paupers died during the year,
Number of paupers births during the year, 2
Number of paupers bound out during the year, _ 1
Average number per mouth during the year 59J
.Meals'given to wayfaring persons, 1130
There were 25 out-door paupers, who are not
included in the above, who have been provided
with board, medical attendance. Ac.
Persons desiring further information, in re
gard to the above reports, are referred to the looks
of the Poor House, which are open for auy one to
examine.
Certified to be correct by
oAMUEL DLFIBAUGH, Steward
We, the undersigned, Directors of the
Poor and House of Emplovwentof Bedford county,
do certify that we have examined the above ac
count, statement, and report of Samuel Defibaugh.
Steward of the Poor and House of Employment of
Bedford county, from the In of Jan. 1867, till the
Ist of Jan. 1866, and find the same lo be oorrect.
Witness our hands and seals this Ist day Janu
ary, 1868.
D R. ANDERSON, [I.S ]
Attest: MICHAEL DIEHL, Il's.l
T. R. Gbttvs, J.I.NOBLE, IL.S.)
Clerk.
Statement of Poor House Mill, from
®hc <3c&tori> ©njcttc.
BY MEYERS & MENGEL.
gotirti
January 1. 1857, to January 1. 1868.
J.E.Wills Dr.
Wheat. Rye. Corn. Buckw't.
To nm't of toll grain
brought in by the
mill per monthly
reports. 7274 1544 584 654
J. E. Wills, Cr.
By ain't of grain used
in Poor House and
sold sundry persons
for cash and on ac
counts as per month
ly orders :
Use of Poor House 415' 17 34 75
Horse feed 55
How feed 10
Sold sundry persons 5 6 34
By ? of the toll {-rain
brought in by the
mill, (it being my
share of the toll as
per agreement), 2424 514 194 21 i
6624 1334 594 1004
Examined and certified to be correct by
marl3w4 J. E. WILLS, Miller.
rriHIS 18 TO GIVE NOTICE: That
on the 23th day of February, A. D. 1868, a
Warrant in Bankruptcy was issued against the Es
tase of Frederick Benedict of Bedford, in the
Conn'y of Bedford, and State of Pennsylvania,
who has been adjudged a Bankrupt on his own
petition ; that the payment of any debts and de
livery of any property belonging to such Bank
rupt, to bim. for his use, and the transfer of any
property by him ate forbidden by Law ; that a
meeting of the Creditors of tne said Bankrupt, to
prove their Debts and to choose one or more As
signees of his Estato, will be held at a Court of
Bankruptcy, to be holden at the office of J. W.
Lingenfelter, Esq.. in Bedford, Bedford CO., Pcnna.,
before Hastings Gehr, Esq., R 'gister, on the 7th
dav of April. A. D. 1868, at 9 o'clock. A. M.
THOMAS A. ROWLEY,
U. 8.. Marshal, MESSENGER.
THIS IS TO GIVE NOTICE: That j
on the 4th day of March. A. D. 1868, a Warrant ]
in Bankruptcy was issued against the Estate of
Daniel Metzger, ef Harrison township, in the
County of Bedford, and State of Pennsylvania,
who has been adjudged a Bankrupt on his own
petition ; that tho payment of any debts and de
livery ot any property belongfhg to such Bank- j
rupt, to hint, or for his use, and the transfer of
any property by him are turbidden by Law; that ;
a meeting ot the Creditors of the said Bankrupt, j
to prove their Debts, and to choose one or more As
signeesof his estate, will be held at a Court of bank
ruptcy to be holdeu at the office of J. W. Ling nfel
ter, Esq., in Bedford. Bedford county, Pa. before
Hastings Gehr. E-q.. Register, on the 7th day ot
April, A. D. 1868, at 2o'clock, P. M
THOMAS A. ROWLEY, ,
U. S. Marshal. MESSENGER.
THIS IS TO GIVE NOTICE: That ;
on the 3rd day of March, A. D. 1868, a Warrant j
in Bankruptcy was issued agaiust the Estate of
Isaac F. Grove ot Bedford, in the County of Bed- ;
ford, and State of Pennsylvania, who lias been :
adjudged a Bankrupt on his own petition : that
the payment of any debts and delivery of any j
property belonging to such Bankrupt, tfii him, or
for his use and tho transfer cf any property by
him are forbi iden by Law ; that a meeting of the
Creditors of the said Bankrupt, to prove their
Debts, and to choose one or more Assignees cf his
Estate will be held at a Court of Bankruptcy, to
be holden at the ofiiee of J. W. Lingenfelter, Esq..
in Bedford. Bedford County, Pa., before Hastings
Gehr, Esq., Register, on the 7th day of April, A.
D. 1868, at 11 o'clock, A. M .
THOMAS A. ROWLEY,
marl.3w4 U. S. Marshal, MESSENGER
DM IX ISTIt A TOR'S NOTIC ■ E.—
L Notice is hereby given that lettorsof admin
istration have been granted to the undersigned, by
the Register of Bedford county, upon the estate of
John L. Nyeum, late of Monroe township, Bed
ford county, dee'd.
All persons indebted to said estate are request
ed to make immediate payment, and those having
claims can present thoin. duly authenticated for
settlement. GEORGE NIfCUM,
fob2Bw6 CHRIST. FKLTON, adm rs.
I7XEUUTORS' NOTICE.-Notice is
_j hereby given that letters testamenta y to
the estate of Amos McCreary, late of Napier town
ship, decoased, have been granted to the under
signed by the Register of Bedford county.
All persons indebted to said estate are requested
te make immediate payment, and tuose having
claims thereon will present them, duly authenti
cated, for settlement.
STEVFN W. McCREARY,
JEREMIAH McCREARY, Exutors
mar6w6
IAX ECU T O It' S NOT J C E.—
Notice is hereby given that letters testamen
tary to the estate of Hiram Davis, lute ol'St. Clair
township, dee'd, have been granted to the under
signed. by the Register of Bedford county.
AH persons having claims against said estate I
are requested to present theui, property authenti- ;
cated. for settlement, and those indebted to the ,
estate to make immediate payment.
JACOB BECKLEY, Fx"r.
niar27w6 j
17 X ECU TO RS' NO T ICE .
2j Notice is hereby given that letters testamen
tary to the estate of Joseph Snyder, late of South
ampton Township, deoeased. have been granted to
the undersigned, by the Register of Bedford coun
ty.
" All perjons indebted to said_estate are hereby
no'ified to make immediate payment and those
having claims against tho estate will present them,
properly authenticated for settlement.
mar2'7w6 NATHAN IV)BISON,
Executor of the last will, Ac., of Jos. H. Snvder.
VUDITOR'S NOTlCE.— Bedford
County, S. S. —At a Court of Quarter Ses
sions held at Bedford, in and for the County of
Bedford, on the 10th day of February, A D., 18-
68, The Recommendation of the Directors of the
Poor and the House of Employment of said Coun- j
ty, was read and filed setting forth : That the !
building now occupied as 'be Poor Heuse ot said
County is totally unsuffieient for tho sheltering
ami protection of the poor; That a new poor
house should be erected as provided by the Act of
Assembly, approved 17th April, 1866; That tho
present |oor house property is not desirable for the
purpose for which it is now used and recommend
ing that said property be sold, and, that in lieu of
it, a farm of from seventy five to one hundred acres
of good land be purchased upon which the Poor
House above recommended shall be erected Ac.
Whereupon the Court referred the same to the
Grand Jury, who on the 12th day of Feb'y, A. D.,
1868, made the following return and endorse
ments upon said recommendation; This recom
mends ion approved by the Grand Jury, except
that in the opinion of the Grand Jury, the farm
to be purchased should not contain less than one i
hundred and twenty-five acres.
Now. March 7th, 1868, The Court appoint Wm !
M. Hall. Esq., auditor, to take testimony, find
facts and make report. Ac.
Witness my hand and official seal, at Bedford
the same day. 0. E. SIIANAON, Clerk.
Pursuant to the above appointment,
I will meet in the Grand Jury Room, on Thursday
the 16.1t day of April, next, all parties who may
desire to bo heard. Tho investigation will em
brace,
Ist. An Examination of tho Reoeipts and Ex
penditures of the present property, with a view
to determine whetner it is profitable or the re !
verse.
2. Proposals for the purchase of the entire :
i property' Also, for the Mill and the Miller's
| House, separately.
3. Offers of suitable farms, stating the price,
I number of acres, and locality with a full descrip
-1 tion.
4. I invite plans, with estimate of cost of a
1 suitable building with all the modern improve
; incuts for the sheltering and maintaining one
hundred poor persons; Said building to beerect
| ed on the present property or at any other loc Hi
ty proposed. No plan to be paid for unless ulti
mately adopted by the Couu y Commissioners.
Sealed proposals to purchase or to sell may be
| scut to me or te J. W. Dtckerson. Att'y'for Bed
\ ford County, at any time before the meeting.
mar2ow3 WM. MACLAY HALL, Au itr.
17A IRR A N K'e> c> 1' AX u A u
; SCALES,
of nil Hinds, also, Baggage Barrows, TV are
house Trucks, Copying Presses, \c.
FAIRBANKS, MORSE $ CO.,
Comer Wood \ Second Stt., Pittsburg, Pa.
£_£>~Be eareful to buy only the Genuine Scales.
Repaired promptly. mar27m6.
| rriLE BEDFORD GAZETTE is tie
i best Advertising Medium n Southern Penn
' sytvaniu
TERMS OF PUBLICATION.
THE BEDFORD GAZETTE is published every Fri
day morning by METERS 4 MENGEL, at $2 00 per
annum, if paid strictly tit advance : $2.50 if paid
within six months; $3.00 if not paid within six
months. All subscription accounts MUST be
settled annually. No paper will be sent out of
the State unless paid for is ADVANCE, and all such
subscriptions will invariably bo discontinued at
the expiration of the time for which they are
paid.
All ADVERTISEMENTS for a less term than
three months TEN CENTS per line for each In
sertion. Special notices one-half additional All
resolutions of Associations; communications of
limited or individual interest, and notices of mar
riages and deaths exceeding five lines, ten cents
per line. Editorial notices fifteen cents per line.
All legal Notices of every hind, and Orphans''
Court and Judicial Sales, are required by law
to be published in both papers published in this
place.
All advertising due after first insertion.
A liberal discount is made to persons advertising
by the quarter, half year, or year, as follows :
3 months. 6 months. 1 year.
♦One square - -- $4 50 $6 00 $lO 00
Two squares ... 600 900 16 00
Three squares - - - 8 00 12 00 21) 00
Quarter column - - 14 00 20 00 35 DO
Half column - - - IS 00 25 00 45 00
One column - - - - 30 00 "45 00 80 00
♦One square to occupy one inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. THE GAZETTE OFFICE has
just been refitted with a Power Press and new type,
and everything in the Printing line can bo execu
ted in the most artistic manner and at the lowest
rates.—TERMS CASH.
* All letters should be addressd to
MEYERS A MENOEL,
Publishers.
ahe Bedford
Flton THE FIST.
Lebanon, Pa., March 23d, 1868.
Mkssks. Editors Gazette: —
In rny last letter I predicte a great
change in our county in the minds of
the people relative to political affairs.
The election of Friday last has made
those predictions good throughout the
entire county, and in our borough we
have for the first time for a number of
years, seven or eight at least, elected
a Chief Burgess. We also eleete i one
councilman out of two, the assistant
Burgess, two School Diiectors out of
three, along with our entire west ward
ticket, carrying the borough ticket all
save two, one councilman and one
School Director as before stated. The
Democratic gain in the Borough since
last fall is seventy-three, and the gain
throughout the county tallies with
them.
We begin to hope for the future of
our distracted country when thestrong
holds of Republicanism are thus giving
signs of a healthy change in the body
politic. Thanks to our organization
we were enabled to meet the enemies
of our present form of government and
combat them at every point, which
rendered victory easy. We intend to
keep the ball rolling, and not let the
interests of our people flag until the
Keystone of the Federal arch has re
deemed herself. We will stand united
in the Democratic ranks to struggle
against Congressional usurpation, party
plunderings,and the personal ambitions
of the few bad men who are now con
trolling the destinies of our nation and
rendering the name of a citizen of the
United States a term of reproach.
We have no sympathy with the leg
islation that gives to the wealthy by
robbing from the needy. We oppose
giving to the wealthy bondholders who
are revelling in their suddenly acquired
wealth a bonus of forty cents on a dol
lar, because they loaned money to the
government.
We cry against the oppression of such
laws as give to such men gold in pay
ment of their interest on bonds that
are by enactment free from taxation,
which is now quoted at 1.40, when oth
ers equally as deserving as they are, by
the enactment of the same body, are
obliged to be content to take their pay
ment of debts in a depreciated curren
cy-
The unfair legislation that robs the
poor man of all, in order to enrich still
more his richer fellow citizen, must be i
stopped, and the suffering masses are i
again looking forward with hope to '
the democracy to rid the country of!
the rascally nest of public plunderers
who are destroying all its vital power.
Corruption stares us in the face at
every point, and for the past few years
the Republican party has been noth
ing but an immense swindle, and the
infernal thieves boldly pronounced ev
ery discovery of their peculations dem
ocratic lies, trusting always thus to de
ceive their deluded followers to vote
for them and thereby give to them an
other lease of power and plunder.
Rut the ways of truth, though some
times slow, are always sure, and the
elections lately held over the country
give evidence of a healthy change in
this direction. God grant us a speedy
deliverance from Republican misrule
and plunder.
Truly our people will soon be made
to feel that they are ruled by men who
have no care for their interests, when
it requires all their efforts to keep body
and soul united.
Members of Congress are enacting a
farce in impeaching the President,
: thereby neglecting the material inter
ests of the country, while the poor are
j everywhere suffering from the high
I prices of food and wearing apparel.
The Republican party has a multi
i tude of sins to answer for before the
j tribunal of public opinion, that will
overwhelm it, and the name republi
can used in a party sense will be a
term of approbrium. There will be a
time when the descendants of theShod
dyites of our day, will be pointed at
with scorn, as the offspring of the plun
derers of their country, while its dis
tractions led it to the very brink of
dissolution. Yours Truly,
SOLDIER,
BEDFORD, PA., FRIDAY MORNING, APRIL 3. 1868.
THE IHW iC 1131 EXT.
Answer ' ''"e President.
Ttiii-tv Day* Extet.iion orTline Asked for
by the l'resi.Liit and Itefnsed.
[Reported for tIL Baltimore Sun.]
WASHINGTON, March 28.
j At IP. M. the President pro
tern, of the Sena .4 vacated the chair
and the Chief Justfce entered and took
his seat. j
The Chief Justeie rapped the court
I to order and direi|ed the sergeant-at
arflns to make pro#lamatioii.
The Sergeant-at-Arms.—Hear ye!
' hear ye! hear j'! Ail persons are
commanded to kctfp silence while the
I Senate of the United States is sitting
! on the trial of Andrew Johnson, Presi
i dent of the United States.
The managers of i 111 peachment were
announced, and following them the
i House of-Represeiitatives.
The President's counsel entered and
; took their seats.
Mr. Donlittle, pf Wisconsin, was
sworn in as a member oTthe court.
Mr. Davis made a motion as follows:
"The constitution having invested
the Senate with the power to try cases
of impeachment, and ten States (nam
ing them) being unrepresented, and
: each State being entitled to two Sena
! tors, therefore the question is whether
I the Senate, as at present constituted,
lias 'lie power to try the articles of im
peachment preferred against Mr. John
| son."
I The motion was rejected by a vote of
19 to 2—the later being Mr. Davis and
Mr. McCreery.
The Chair notified the counsel for
, the President that the court was ready
I to receive the answer of the President.
Mr. Stanbery rose and said, in ac
cordance with'the order of the Senate
j the counsel for the President had de
: voted every hour that they could to the
! preparation of the answer, depriving
1 themselves even of needful rest for that
: purpose.
The answer was then read by Mr.
j Curtis.
TIIE PRESIDENT'S ANSWER.
The billowing is, in substance, the
answer of the President to the article
of impeachment exhibited against him
by the House of Representatives: For
answer to the first article he says that
Edwin M.Stanton was appointed Sec
retary for the Department of War on
the 15th day of January, A. D. 1862, by
Abraham Lincoln, then President of
the United States, during the first term
of his Presidency, and was commission
ed according to the constitution and
laws of the United States to hold the
said office during the pleasure of the
President: that the law of 1789, passed
by the first Congress of the United
States, creating the office of Secretary
of War, provides that he should per
form his duties according to the second
section of the second article of the .con
stitution, in such manner as the Presi
dent shall, from time to time, order
and instruct, acting, according to uni
form practice, as one of the President's
advisers ; acting also for the President
in matters pertaining to the Depart
ment, subordinate to the constitution
and laws for the conduct of the Secre
tary of War. Further, that when by
the* death of Mr. Lincoln, April 15,
1865, the respondent became President,
Mr. Stanton was holding office under
the appointment above mentioned,
and not having been removed from
office by the respondent, Mr. Stanton
continued on at the pleasure of the
President, and at 110 time received any
other appointment except as befare
stated. Further, that on and prior to
the . r ;.th ofAgust, 18G7, the respondent,
President of the United States, respon
sible for Tr. Stanton's official acts, be
came satisfied that lie could not allow
the said Stanton to continue to hold
the office of Secretary of tiie Depart
ment of War without hazard of the
public interests; that the relations be-1
tween the said Stanton and the Presi
dent no longer permitted the Presi
dent to resort to him for advice, or to j
be, in the judgment of the President,'
safely responsible lor his conduct of I
the affairs of the Department of War,
as by law reguired, in accordance with 1
the orders and instructions of the Pres
ident, that the respondent then con
sidered and determined that the said
Stanton ought no longer to hold the
office, and quotes the note to tiie secre
tary, dated August sth, 1867, request
ing him fo resign, also the answer of |
Mr. Stanton refusing to do so, "for
public considerations of a high charac
ter;" that the respondent, having re
gard for his responsibility, then held!
that it was impossible, consistent with !
public interests, to allow Mr. Stanton j
to continue to holcl the office, and j
forthwith set about to decide what J
acts were necessary to cause him to!
surrender the office.
The respondent believes it to have 1
been practically settled by the first j
Congress, and acted on in many eases
by each Congress and Pressdent from 1
the first, that the power at any and all
times of removing from office all exe
cutive_officers for cause is to be judged j
of by the President alone, Tnis re-'
spondent had, in pursuance*)!' the con
stitution, required theopinion of each
of the executive de- ■
partment upon this question of consti- j
tutionai executive power and duty,!
and had been advised by each of them, i
including the said Stanton, Secretary!
for the Department of War, that under ,
the constitution of the United States;
this power was lodged by the constitu
tion in the President of the United ;
States and that consequently it could j
be la wfully exercised t>y him, and the I
Congress could not deprive him there- j
of; and this respondent, in his capa
city of President of the United States, |
ana because in thai capacity he was!
both enabled and bound to use his best i
judgment upon this question, did in
good faith and with an honest desire to j
arrive at the truth, come to theconclu-!
sion and opinion, and did make the I
same known to the honerable the Sen- j
ate of the United States by a message j
on tlie 2d day of March, 1867. That!
the respondent was then aware of the
provisions of the tenure-of-offiee law,
passed March 2d, 1867, by a eonstitu- j
tional majority of Congress as follows:
"That any person holding any civil j
office to which he has been appointed
by and with the advice and consent of
the Semute, and every person who shall
hereafter be appointed to and such
office, and shall become duly qualified
to act therein, is and shall be entitled
to hold such office until a successor
shall have Lean in like manner ap
pointed and duly qualified except as
herein otherwise provided. Provided
that the Secretary of State, of the Treas
ury, of War, of the Navy, and of the
Interior, the Postmaster General and
! the Attorney General, shall hold their
I offices respectively for and during the
term of the President by whom they
may have been appointed, and for one
month thereafter, subject to removal
by and with the advice and consent of
the senate."
That the respondent was also aware
that this act was understood and in
tended to be an expression of the o
pinion of Congress tied the power to
remove executive officers for cause
might by law be taken from the Pres
ident and vested in him and the Sen
ate jointly, and aithougn this respon
dent bad arrived at and still retained
the opinion above expressed, and verily
believed, as he still believes, that the
said first section of the last mentioned
act was and is wholly inoperative and
void by reason of its conflict with the
constitution of the United States, yet,
inasmuch as the same bad been en
acted by the constitutional majority in
each of the two houses of that Con
gress, this respondent considered it to
be proper to examine and decide
whether the perticular case of the said
Stanton on which it was this respon
dent's duty to act, was within or with
out the terms of that first section of the
act; or, if untrue, whether the Presi
dent had not the power, according to
the terms of the act, to remove the said
Stanton from the office of Secretary
for the Department of War; and hav
ing in his capacity of President of the
United States so examined and consid
ered, did form the opinion that the
case of the said Stanton and his tenure
of officfc were not affected by the first
section of the last named act.
That although a case thus existed
calling for the exercise of theexecutive
power of removal, under the constitu
tion, and believing that Mr. Stanton's
case was not effected by the first sec
tion of the tenure-of-oflice act, the re
spondent desired, if possible, to avoid
any question of the construction and
effect of that law, and also the broader
question of the executive power confer
red on the President by the constitu
tion to remove the principal officer of
one of the executive and legislative de
partments of the government, he de
sired that they should he in some prop*
per way submittted to the judicial de
partment, entrusted by the constitu
tion with the duty of determining fi
nally the construction and effect of all
aetsof Congress, and comparing them
with the constitution itsoif, with a
view of pronouncing them inoperative
when found in conflict with thai fun
damental law which the people have
enacted for the government of ail their
servants—and to tlic.se ends,
First, that through the action of the
senate of the United States, the abso
lute duty of the President to substitute
some fit'person in place of Mr. Stan
ton, as one of his advisers, and as a
principal subordinate officer whose offi
cial conduct he was responsible for, and
had a lawful right to control, if
possible, be accomplished without the
necessity of raising anyone of theques
tions aforesaid; and, second, if this du
ty could not be so performed, these
questions, or such of them as might ne
cessarily arise, should be judicially de-.
ter mined; and for 110 other end or pur
pose this respondent, as President of
the United States, 011 the 12th day of
August, 1807, seven days after the re
ception of the letter of the said Stan
ton -of the oth of August, hereinbefote
stated, did issue to the said Stan
ton the o.'der requiring him to turn
over the War Department to General
Grant, as Secretary of War ad interim,
to which Mr. Stanton yielded "under
protest to superior force." Further,
that the respondent believes that the
executive power of removal confided
to him by the Constitution includes the
power of the suspension from office at
the jle isure 1 f the Pr. aidert, and t! %
this respondent by the order aforesaid
didsuspend the said Stanton from office,
not until the next meeting of the Sen
ate, or until the Senate shall have ac
ted upon the case, but by force of the
power and authority vested in him by
the constitution and laws of the Uni
ted States, indefinitely and at the pleas
ure of the President; and the order, in
form aforesaid, was made known to the
to the Senate of the United Slates 011
the 12th day of Dec., A. D. 18G7,
That by his order of August. 12th, 1867,
tiie respondent authorized General
Grant to perform the duty of Secreta
ry of War acl interim according to law
—not until tlie senate should acton the
case, but at the pleasure of the Presi
dent, subject only to the limitation of
six months, and a copy of the last named
order was made known to the Senate !
of the United States 011 the 12th day 01 j
December, A. I),. 18G7 ; and in pursu- i
ance of the design and intention afore- j
said, if it should become necessary to j
submit the said question to a judicial j
determination, this respondent, at or)
near the date of the last mentioned or- i
der, did make known such his purpose j
to obtain a judicial decision.
That after the President's message j
to Congress of December 12th, 1867, j
making known the order above cited, j
the President was compelled either to
allow the said Stanton to resume the
said office and remain therein, contra
ry to the settled convictions of the
President respecting the powers con-[
tided to him and the duties required of j
hiiu by the constitution of the United j
States; and contrary to theopinion that j
the first section ol the tenure-of-offiee
aet did not affect the ease of the said j
Stanton, and contrary to the fixed be
lief of the President that he could 110
longer advise with or trust, or be re-!
sponsible for the said Stanton in the
office of the said Secretary for the De
partment of War, or else he was com
pelled to take such steps as might, in
the judgment of tin; President, be law- j
ful and necessary to raise for a judicial
decision the question affecting the law
ful right of the said Stanton to resume
the said office, or the power of the said
Stanton to persist in refusing to quit
tne said office if he should persist in I
actually refusing toquit the same; and j
to this end, and to this end only, this
respondent did, on 2ist day of Februa-'
ry, 18GS, issue the order for the remo- j
val of said -danton in the said first ar-1
ticle mentioned and set forth, and the
order authorizing the said Lorenzo
Thomas to act as Secretary of War ad
interim in the said second article set j
forth.
And this respondent, proceeding to an-1
swer specifically each substantive alle-!
gation in the said first article, says he \
denies that the said Stanton, on tiie 2lst 1
day of February, 18G8, was lawfully in j
posessiomof the said office of Secretary
for the Department of War. He de-!
nies that tiie said Stanton, on the day ;
last mentioned, was lawfully entitled |
to hold the said office against the will j
of the President of the United Sta.es. j
He denies that said order for the remo-'
val of the said Stanton was unlau fully j
issued. He denies that the said order 1
was issued with intent to violate the!
VOL 62.—WHOLE No. 5,4 c 7
act entitled "An a'et to regulate the
tenure of certain civil offices." He de
nies that the said order was a violation
of the last mentioned act. He denies
that the said order was a violation ofthe
Constitution of the United States, orof
any law thereof, or of his oath of office.
He denies that the said order was is
sued with intent to violate the Consti
tution of the United States, or any law
thereof, or this respondent's oath of
office; and he respectfully but earnest
ly insists that not only was it issued by
him in the performance of what he be
lieved to be an imperative official du
ty, but in the performance of what this
honorable court will consider was. in
in point of fact, an imperative offici
al duty ; and he denies that any and all
substantive matters in the said first ar
ticle contained, in manner and form as
the same are therein stated set forth,
do by lawconstitutea high misdemean
or in office, within the true intent and
meaning of the Constitution of the U
ited States.
In answer to the second article of im
peachment, the President admits that
he appointed Gen. Lorenzo Thomas
Secretary of War ad interim., without
the advice and consent of the Senate,
for the reason that there was a vacan
cy in the office of Secretary of War,
and that he had the right to appoint
General Thomas under the constitu
tion.
That notwithstanding the Senate of
the United States was then in session. !
it was lawful and according to long and j
well-established usage to empower and !
an t horize t hesaid Thomas to act as Secre-!
tarv of War ad interim.
That if the said act regulating the
tenure of civil offices be held to te a
valid law, no provision of thesame was
violated by the issuing of said order by
the designation of said Thomas to act
as Secretary of War ad interim.
In answer to the third article, he
abides by his answers to the first and
second, so far as the allegations con
tained in them are pertinent thereto.—
He denies that his order to Thomas a
mounted to an appointment in the legal j
and constitutional ineaningofthatword. j
In answer to the fourth article, he ;
denies that he did unlawfully conspire |
with Thomas or others to prevent or
hinder Stanton from holding office as j
Secretary of War, or that he was guilty
of a high crime or misdemeanor. He
denies that Stanton was Secretary of
War at that time, and that he did not
advise Thomas or any other person or
persons to use any coercion to obtain
possession ofthe Department of War ;
that no force was used by Thomas in
obedience to the President, and there
was no agreement between him and
Thomas to use any force whatever.
The allegations of said article that there!
was an intent to use force is wholly j
unsustained.
In answer to the sixth article, res-j
pondent denies that he entered at any ;
time with any person or persons into ;
a conspiracy to defeat the operation of]
the tenure-of-otfiee law, and that there j
is no statement of the steps taken in i
pursuance of such alleged design.
In answer to the seventh article, he '■
denies that he attempted at any time!
to take possession of the property of
the War Department; that lie did not
commit a crime and misdemeanor, and
refers to other articles to show his in
tent.
In answer to the eighth article, he
denies that he made an attempt to
take possession of money and records
of the WarDepartmentjorthat heacted
in an unconstitutional manner.
In answer to the ninth article Mr.
Stanbery read the President's note to
(Jen. Emory, an I stated that the Pres
ident merely wished to consult with
Emory on some matters pertaining to
the administration of his department.
Gen. Emory called his (the President's)
attention to the law directing that or-1
ders to the army shall be sent through j
Gen. Grant, to which the President re
plied that he considered it in conflict
with the Constitution. The article, af
ter detailing the conversation between
the President and Gen. Emory, denied j
the allegation that the respondent had i
attempted to interfere with or influence j
Gen. Emory in an unconstitutional |
manner, and that his opinion there ex- j
pressed was what he honestly and sin- j
eerely believed.
Mr. Evarts then proceeded to read j
the answer to the tenth article. The
article gave the history of the commit
tee, and stated that, in reply to the ad
dress of the committee, lie made cer
tain remarks. He denied that he was
correctly reported on that occasion, and
that the remarks attributed to him are
not his precise words. He also denied j
that the speech attributed to him at
Cleveland was correct, and that as con
tained in the articles of impeachment
gave no true representation ofhis mean- j
ing. Respondent also denies the ac- j
curacy ofthe St. Louis speech, and begs j
that if admit ed it shall be all consid-j
ered, and no part of it expunged. Res-;
pondent further alleged that he had :
communicated his views to Congress j
relative to the non-representation of:
certain States, and that such statements
were made in accordance with his j
rights as an American citizen, and as
President of the United States. Furth
ermore, the views and opinions express
ed by him in these speeches are the
same as he had expressed to Congress,
and should be so considered. In fur
ther answer to the tenth article, in
consideration of his duties to the peo
ple, he had and has the right of, on
proper occasions, expressing opinions to
the people relative to the duty and char- j
act er of Congress, the views, motivesand j
aims of public men ; aud that upholding I
the liberty of speech and the liberty of}
the people, he cannot but hold that j
such was and is his clear right and du- j
ty. Therefore he insists that he but
exercised the right of any citizen in !
thus addressing liis fellow-citizens, and
therefore is not subject to impeach
ment or other action at law.
In answer to the eleventh article,!
respondent denies that he declared or j
affirmed that the 29th Congress was
not a legal Congress, or that he made
any allegation contained in said arti-;
cle. In the address then made he said
nothing of the competency of said Con
gress to pass any laws while Southern
States were unrepresented. He denied
that he had attempted to defeat the op
eration of the act providing for the
more efficient government ofthe rebel
States, or the act making appropria
tions for the army and navy, and he
refers to other articles to show his in
tent. Further answering, the matters
contained in the 11th article do not
name, designate, or define any at
tempt, design or device to render him
guilty of the high crimes and misde
meanors alleged against him.
Upon the conclusion of the reading
of the answer, at 3P. M., the ques
tion was put to the Senate by the Chief
Justico upon its reception and it was
carried.
The Chief Justice put The question
whether the Senate would receive this
i answer of the President of the United
i States, and order it to be filed, which
was decided in the affirmative.
Mr. Boutwell asked that a copy of
j the answer of the President be furn
-1 ished the managers of impeachment,
and stated thatthey thought they would
be able to file their replication at 1 o'-
clock to-morrow.
Mr. Evarts said the counsel for the
President think it proper, unless some
objection is made, to bring to the at
tention of the court the time which
shall be allowed the President and liis
counsel after the replication is filed.
The counsel had had no time to con
sider the various questions of law and
evidence. They therefore submit a
motion now that the counsel be allowed
thirty days'time in which to prepare
for the trial.
The Chief Justice said the first thing
in order was the motion of Mr. Bout
well that a copy of the answer be furn
ished the managers, which was agreed
to.
Mr. Evarts then submitted a paper,
signed by the counsel, stating that
thirty days time is necessary.
Mr. Howard moved that the motion
for an extension of lime be laid on the
table until to-morrow.
Mr. Bingham said the managers of
impeachment were ready to argue the
motion now.
Mr. Howard then withdrew his mo
tion.
Senator Henderson offered an order
that tlte consideration of the applica
tion for the extension of time by the
counsel for the President be postpon
ed until after the filing of the replica
tion.
Mr. Butler hoped the day would bo
fixed now when the trial was to pro
ceed. The order of Mr. Henderson
was then rejected, as follows:
Yeas—Messrs. Anthony, Buckalew,
Cattell, Cole, Dixon, Doolittle, Ed
munds, Fessenden, Fowler, Freling
huyson,Grimes, H. nderson, Hendricks
Johnson, MeCreery, Morrill of Maine,
Norton, Patterson, of Tennessee, Ross,
Saulsbury, Sherman, Sprague, Trum
bull, Van Winkle, and Vickers—2s.
Nays—Messrs Bayard, Cameron,
Chandler, Conkling, Conness, Catteli,
Cragin, Davis, Druse, Ferry, Harlan,
Howard, Howe, Morgan, Morri'l of
Vermont, Morton, Nye, Patterson of
New Hampshire, Pomeroy, Ramsay,
Stewart, Sumner, Thayer, Tipton,
Willev, Williams, Wilson, and Yates—.
28.
Mr. Howard moved to lay the mo
tion of the counsel for an extension of
time on the table.
Mr. Drake submitted that the mo
tion of Mr. Howard was not in order,
and that upon all motions submitted
by the counsel for the defense or the
managers of impeachment, the Senate
must take a direct vote.
The Chief Justice decided that the
point of order was well taken.
The motion of the counsel for thirty
days'extension of time was then re
jected by yeas 12, nays 11, as follows :
Yeas—Messrs. Bayard, Buckalew,
Davis, Dixon, Doolittle, Hendricks,
Johnson, MeCreery, Norton, Patterson
of Tennessee, Saulsburv and Vickers
12.
Nays--Messrs. Cameron, Cattell,
Chandler, Cole, Conkling, Conness,
Corbett, Cragin, Drake, Edmunds, Fer
ry, Fessenden, Fowler, Frelinghuysen,
Grimes, Harlan, Henderson, Howard,
Howe, Morgan, Morrill of Maine, Mor
rill of Vermont, Morton, Aye, 1 atter
son of New Hampshire, Pomeroy,
Ramsey, Ross, Sherman, Sprague,
Stewart, Sumner, Tnayer, Tipton,
Trumbull, Van Winkle, Willey Wil
liams, Wilson and Yates—4l.
Mr. Evarts then rose and said on
the part of the counsel for the Presi
dent, he would move that such reason
able time be allowed as the Senate
deem proper for the preparation of the
defense.
Mr. Johnson moved to allow ten
days, and then
On motion of Mr. Sherman, the Sen
ate sitting as a court, adjourned until
to morrow.
The chief Justice left the chair, and
the President pro tern ., called the Sen
ate to order.
The Senate then adjourned.
VAKE, lady, vake! The moon is
high, twiuklin' stars are beamin',
while now and then, across the sky, a
meteor " are stremin'l Vake, Sally,
vake, and look on me—avake, Squire
Nubbin's daughter ! If I'll have you,
and you'll have me—(gosh! who threw
that water I)
A single girl who had become tired
of single blessedness, wrote to her true
swain as follows:
"Deer Gim cum rite off ef you are
dimming at awl. Ed Collins is insis
flii that I shall have him, and he hugs
and kisses me so kortinerly, that I can't
hold out much longer but will have 2
kave in. BETTV."
CAPITAL ASSES.—Sumner declares
that "before we stop we should have
a stable government." Judging from
the number of asses at the capitol we.
are in need of such a convenience.
Quoth Sumner, "Mr President.
We need a stable (government" )!
Quoth Andy, "Such we'll soon begin.
To keep the capitol asses in !"
THACKERAY said the drollest thing
he heard while in this country, and the
most characteristically American, was
the remark of a New Yorker : "Oh: I
have no objection to England, Mr.
Thackeray. The only thing I should
he afraid of would be to go out at- night
there lest I might step off."
WASHINGTON'S DEATH.—It is a fact
not generally known perhaps, that
Washington drew his last breath in
the last hour in the last day of the
last week in the last month of the year
and in the last year of the century.—
He died at 12 o'clock, Saturday night,
Dec. 81, 1799.
—Edward Swann, ofStephenson, X.
Y., twenty-five years old, beat his aged
mother and drove her out in a dri
ving snow-storui. She proceeded a
bout six rods from her home, fell ex
hausted and died, and her remains
were not found till three days after
ward. Swann was drunk.
—The suffering among the fishermen
of Nova Scotia for want of food, is de
clared to be absolutely appalling. The
government and individuals have con
tributed largely to supply the famish
ing people with food, but the supply is
still largely inadequate.