The globe. (Huntingdon, Pa.) 1856-1877, March 04, 1868, Image 1

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chants and business nun generally who advertiseitherally
in 11w columns of THE GLOBE for six months or tortYer, coiti
hare their Cards inserted here during the continuance of
thdradrytisement. Otherwise, special Dusiaus Curds in
'serial at the usual rake
DR. IVM. BREWSTER, ➢LcConnells
lowa. [Cures by Elictropathy.]•
MM. GREENE, Dealer in Dlusie,lnu-
B sical Instruments, Sewing Machines, in Leister's
mow Imiiding, (second door.)
AVM LEWIS, Dealer in Books, Sta
tionery and !dueled Instruments, corner of the
Diamond
WB. ZEIGLER, Dealer in Ladies
• and Childran'a Furniehing Goods, apposite the
kat National Conk.
WP. RUDOLPII, Dealer in Ladies
• and _Gents' Furniebing Goode, eppoeiteLeistor's
new building
GEO. F. MARSH,
Merchant Tailor, opposite, Lewis' Book Stora
TTGREENBERG,
. Merchant Tailor, in the Diamond
rk,"'CATIAN & SON, proprietors of
k Juniata Steam Pearl Mill, Weal Huntingdon.
GREENE Si F. 0. BEA.YER,
Marble Manufacturers, Mifflin street, near the Lu-
TJeran church.
AVM. WILLIAMS, -
y y Plain and Ornamental Marble Manufacturer.
TAMES HIGGENS, Manufacturer of
Furniture awl Cabinet Ware, Huntingdon, Pa.
eM. WISE, Manufacturer of Furni
_ ture, Huntingdon. Undertaking attended to
IATHARTON& MAGUIRE, Whole
sale and retail dealers in foreign and domestic
Hardware, Cutlery, &a., Itadroscl street, Huntingdon.
TAMES A. BROWN,
Dealer in hardware, Cutlery, Paints, Ohs, &e., Hunt,
iugdou, Pa.
el 11. MILLER & SON, Dealers in all
• kinds of Fine Leather, Findings, &0., kc., near the
Presbyterian church.
WIII. AFRICA, Dealer in Boots and
Sboes,in the Diamond, Huntingdon,
TORY H. WESTBROOK, Dealer in
0 Boot., Shoes, Hoetery, Confectionery•, Iluutingdou.
CiEO. SIIAEFFER, dottier in Boots,
Sltees,Guiters, &c., Iluntiogdon.
TO.U.NSTON & WATTSON, Much
rey ants, Main et., cast of Wasbington Hotel,l.luptlngden
•
LIIJAZIER & BRO., Retail 31.er
tut chants, 'Washington st., near the jail, lluntingdon.
7 YENTER, Dealer in Groceries and
Pros Wong of all kinds, Huntingdon, Pa.
WM. MARCH. & BRO.
Dealers in Dry (lends, Queensware, Ilerdware,
Boots, Shoes, de.
UNNINGITA-14-&-e-A.MION,
- Merchant*, I . l.tmtingdon, P.
11 ROMAN,
Dealer in Doody Made Clothing, Rat, and Call!,
TA P. GWIN,
Dealer In Dry Goods, Groceries, Dardwaie, Queens
wale, Hats and Caps, Boots and Shoos, &c. Iluntingdon
E. HENRY & CO., Wholesale and
kj. Retail Dealers in Dry Goode, Groceries, hardware,
Queenswaro, and Provisions of all kinds, Huntingdon.
THE G-L,0_13
JOB PRINTING OFFICE.
T"E"GLOBE JOB OFFICE"
the most complete of any in the country, and pos
sesses the moat ample facilities for promptly executing in
the but style, every variety of Job Printing, such as
lIAND BILLS,
CIRCULARS,
FULL HEADS,
POSTERS,
BALL TICKETS,
CARDS,
PROGRAMMES,
BLANKS,
LABELS, &C., &0., &C
CALL AND EXAMINE SPECIMENS OP WORE,
LEWIS' BOOK. STATIONERY & MUSIC STORE
NOTICE TO ALL.
HILL STREET MARKET,
OPPOSITE THE FIRST NATIONAL BANK
Trio G. MORRISON respectfully in
forms the citizens of Huntingdon and vicinity
pat ho continues the meat market business in all Its to-
Fiona branches, and ail! keep constantly on hand
reek Ilea, Pork, Pudding and Sausage, salt
We( and Pork, Canned Fruit and Vegetables,
Spices of all kinds, Catsups n ad Sauces, Teas,
Soaps, Cheese, Salt, Lard, La
All of n Melt ho n ill continuo to sell at reasonable pi ices
The highest prices paid for hides and tallow. Thomas
Colder, at Alexandria, and March S Bro., at Coffee Run,
are my age nts to purchase at their places.
Thankful for past patronage, I solicit a continuance of
the same. R. 0. MORRISON.
' Huntingdon, Oct. 30, 1867.
GOOD NEWS FOR MOTHERS.
Mothers, are you oppressed with anxiety for your little
ones? Are your slumber, and hearts broken by their
cries? Do you awakela the morning unrofreshed and up.
'prebensive? If so, procure at once a bottle of Dr. Leon's
Infant Remedy and you still hare no more weary hours
of watching and anxiety.
DR. LEON'S INFANT REMEDY,
Has stood the test of years. Thousands of nurses and
mothers bear witness that itmever fails to give relief if
toed is season. It is a mild, yet sure and speedy cure for
Colic 'Cramps and Windy rams, and is invaluable for all
complaints incident to Teething.
Sold by Druggists throughout the United States. Ad
dress all orders to
ZIEGLER it SMITH,
• SOLE PROPRIETORS.
No. 137 Nth. Third Street, Pitilad'a.
SILVER'S WASH POWDER !
&IVES TIME, LABOR, 3101YEY.
lYlakes Washing a Pastime and Mon
day a Festival.
SOLD NVERYIVIIERE. TRY IT!
Address all orders to the Manufacturers
ZIEGLER & SMITH,
Chemists and Wholesale Draggles,
No. - 337 Nth. Third Street, Philada,
TO THE LADIES.
The best assortment of
E3IjIaIPTIC SKIRTS,
Just receiv this day from New 'York and for sale at the
cheap cash store of WM. MARCO b BRO.
A splendid assortment of
LADIES' DRESS GOODS,
FANCY TRIMMINGS AND BUTTONS
Jest received this day from Now York and for sale cheap
at (may7l WTI. Id AMU k BRO.
COUNTRY PRODUCE.
All kinds of country produco taken in exchange for
Cuod., at Lewis' Grocery.
$2 00
. 1 00
WM. LEWIS, HUGH LINDSAY, Publishers
VOL, XXIII.
roitzsional fiNitszltess 61105.
TIR. R. R. WIEST.LING mostrespect
_L./fully tenders his professional services to the citizens
of Huntingdon and vicinity.
Office that of the tato Dr. Snare. mchl3-13.
IJR. A. B: BRUMBAUGII,
Having permanently located at Huntingdon, offers
his professional services to the community.
Office, the name as that lately occupied by Dr. Luden
on Hill ntreet. ap10,1806
TAR,. JOHN MeCULLOCH, offers his
professional services to the citizens of Huntingdon
nnd vicinity. Oitico on Hill street. on• door east of Rood'.
Drug Store. Aug. 28, '65.
R ALLISON MILLER,
DE AFTIST,
Has rumored to the Brick Row opposite the Court Rouse.
April 13, 1839.
J. GREENE,
I • DENTIST. 107=
Office removed to Leistor's Now Building,
Mill Went. Huntingdon.
July 31,1867. •
j A. POLLOCK,
VAVEYOR &REAL ESTATE AGENT,
RUN TING DON, PA
Will attend to Surveying in all its branches, and will
buy and sell Beal Estato in auy part of tho United States.
MU=MM!
W A SUING TO N HOTEL,
11UNTINCIDON, PA.
Tho undersigned respectfully informs the citizens of
Huntingdon county and the traveling public generally
that ho has teased the Washington House on tho cor
ner of Hill nod Charles street, in the borough of Hun
tingdon, and he is prepared to accommodate all 14 ho may
favor him R ith a call. Will ha pleased to receive a libel*.
RI share of public patronage.
AUG HiT1.1.3 LETTERMAN.
.Tuly 31, 'o7—tf.
MILTON S. LYTLE,
ATTORNEY AT _LAW,
HUNTINGDON, PA
rrompt attention gi,ett to all legal business entrusted
to late care. Claims of soldiers and soldiers' heirs against
the Government collected without delay. sel2'Bl3
R lticAlUl3,l7l.llE,
* ATTORNEY AT LA TV,
Offico on Hill street. HUNTINGDON, PA.
Prompt attention urn be given to the plesecotion or
the Ciel3llls of soldiers and soldiers' heirs, against thin Gov
ernment. m 122,18116
A GEENCY FOR COLLECTING
.9 SOLDIERS' CLAIMS, BOUNTY, BACK PAY AND
PE,NSION3.
All who may have any claims against the Government
for Bounty, Back Pay and Pensions,can bare their claims
promptly collected by applying either in person or by let.
ter to
augl2,lSb3
t o) COLLECTION
Op p o
V C*. Or
K: ALLEN - Li LL,
District Attorney of Huntingdon County,
HUNTINGDON, PA.
OPPION—In tho Brick Row, opposite the Court House
j0n.1.1861
JOAN SCOTT, SAMUEL T. DROWN, JOHN M. BOILED
Tho name of this firm las been chang
ed from SCOTT & BROWN, to
SCOTT, BROWN & BA/LEY,
under which name they will hereafter conduct their
practice as
ATTORMSYS AT LAW, HUNTIAWDON, PA.
PENSIONS, and all claims of soldiers and soldiers' heirs
against the Gond nment, vlll ho promptly prosecuted.
May 17, 166.5-tf.
A C. CLARKE, AGENT,
° Wholesale and nand Dealer in all kinds of
,121&AUI.1 SVODLSLIN3I>
11UNTINGDON,
Next door to the Franklin House, in tho Diamond.
Country trade supplied. ap171.7
G EO. W. SWARTZ,
DEALER IN ALL MINDS OP
AMERICAN SWATCHES, Fine Gold JEWELRY,
&c., de, opposite J. A. Drown's Mammoth Hardware
store. gZ- Vetches neatly repaired and warranted.
lluntingdou, Sept 18, 186741 m
A SPECIALTY.
A LARGE AND WELL ASSORTED STOCK 'or
LADIES' AND GENTS'
FURNISHING GOODS,
AT REDUCED PRICES,
Just received at
RUDOLPH'S
•
VEEPILE P2&.'3111105N
LADIES' DEPARTMENT.
In this department, which will at all times receive my
strict attention, 1 have a well assortesi'display of
Dross Trimmings, Cloak and Saeger, Trim
mings. Dre.e Buttons, Gloves, Tails, Zephyr
Knit Shalvls, Nubian, Hoods, footage, Hand
kerchiefs. Fall Hats. lint nod Bonnet Frames,
Velvet Riblionc. Corsets, Hosiery, nod latest
Sty to Serapes from $5 to $3O.
GENTS' DEPARTMENT.
Hats and Caps, all styles, from 50 cects to
$lO, Shirts, Drawers, WOWS, Neck Ties, Col
lars, Hosiery, .d every article kept in a
first class Furnishing Store.
By making my business n specietty, I hope to meet
is ith such patronage front the public as will enable me
to keep continually on hood a largo and well selected
stock of first class goods. Whilst keeping up to the
fa-hion in every article, I NMI also 8011 cheaper than tho
cheapest.
W. P. RUDOLPH,
Opposite Leister's Ni.w
Huntingdon, Oct. 30, 1867.
Ii
lak.J.chly*;*minrreicals-livo,F,L,
W. B. ZEIGLER
Would respectfully inrmm the Ladies of Huntingdon
and the counts y genei ally, that he has ju•t rota) ned
from New York and Philadelphia, whew he has pur
chased a large stock of goods 01110.74,
EXCLUSIYELY FOR LADIES AND CRILDREX
Ladies' Furnishing Goods, Fancy and plain
Dress Trimmings, ladies' Under* garments,
Molina Vests and Drawers, Cossets. Balm°.
' rale, Hoop Skis ts, Shawls, Scarfs, Hoods, knit
of ra.110119 styles and patterns, Ladies' and
Childress's Stockings of all styles and colors,
Also,
Dress Goods, Prints, Delaincs, Plaids, Al-
Maas, °inflame, Brown and Steadied Mat.
line, dc.
Gents' Undershirts, Drawers, and Stockings.
All goods told at the lowest cash prices, and as cheap
as the cheapest.
OPPOSITE. TUT FIRST NATONAL DANK
Huntingdon, Nov. 0, 1567.
f -1 ROUND ALUMAND SALINA
aSALT at CCIVNING/Ll2l/ C OAR.ItaN'S.
IF YOU WANT the BEST SYRUP
gd to CUNNINGIIM S CARRION'S.
OEM
In 1849, I was a passenger on the
steamer "Star Spangled Banner,"from
New Orleans to Louisville. She was
crowded with people; and, an hour af
ter leaving New Orleans, found per
haps twenty card tables drawn out,and
three or four score of the passengers
absorbed in the mystery of the "old
sledge," euchre, and poker. All that
night and the next day the game went
on. As fortune, however, soon singled
out and made victims of the poorer and
less skilled players, so the members
gradually decreased until the fourth
day out, when only one table was run
ning. Old Bob Brasher, a negro tra
der, and two planters from La Four
che, still held on. Although they play
ed almost incessantly for four days and
nights, yet luck had favored neither
party, and they were within a few dol
lars of even. The "bucking" had been
principally between Brasher and San•
ford, but henceforth they had kept
themselves within the "gentleman's
limit"—five hundred dollars. After
leaving Memphis the game was renew
ed, and the bystanders observed, "that
big play was on the tapir," as young
Sanford was considerably under the
influence of liquor, and when in that
condition was known to be a heavy
player. • Late at night the two traders
came together; both had "backing
hands," and Louisiana and Keutuck
bank notes soon covered almost 'the
whole table. The margin of five hun
dred dollars had been forgotten, and
ono, two, three, five hundred better
passed between them. At last Brash
er loaned back from the table, unbut
toned his vest, and took from around
his body a belt filled with gold pieces.
Laying it down upon the bank notes
he exclaimed, "Three thousand better!"
Sanford became speechless; his face
turned deadly pale; he called for a
glass of liquor, which he drank, never
once taking his oyes from the belt of
gold. He had exhausted his means in
the former bets; all his money lay up
on the table. At last a thought struck
him.
"Ben ! here, sir !" ho exclaimed.
"Yes, massa," and Sanford's body
servant, a fine athletic pure-blood,came
to his table.
W. 11. WOODS,
TTORNEY A T LA fl
lIUNTIhODOI PA
17
"Get up on the table, sir !"
Not daring to disobey—as ho know
well in that moment of frenzy his
young master would send a bullet
through his brain did ho refuse—ho
tremblingly stepped on the table,
crushing the bank notes and gold be
neath his feet.
"For the good Lord's sake, massa
Bon, don't bet this nigger off! What
will the old mkaus say when you go
home ? Oh, massa Ben, please don't!"
groaned the poor boy, but in vain.
"Call you, sir !" shrieked Sanfbrd, at
the same time laying down four queens
and an ace.
"An invincible, sir," said Brasher,
with a sneer; "four kings and an ace!"
And, as Brasher reached for his belt of
gold, young Sanford fell to the floor,
the blood gushing from his mouth, nose
and ears. With ono spring the slave
started from the table, dashing through
the thin folding floors of the "Social
Hall" out on the boiler deck, and, with
a half uttered prayer for the "old tnie
sus," he throw himself headlong into
the dark waters of the Mississippi, and
was seen no more. Death prevented
Brasher from claiming his spoils• San
ford for tveeks lingered on a sick bed,
but at last recovered, and forever re
nounced tho gaming table. He "made
good," however, the money worth, of the
negro to his winner. •
iSW.Jim Giles was considered a bard
ease, but during a time of revival be
came converted from his evil ways,
and was an enthusiastic exhorter and
an active member of the church. In
progress of time Jim was tempted to a
few drinks of that which had for many
years been his favorite beverage, and
true to his habit wended his way to
the conference meeting.
A favorable opportunity occurring,
Jim favored his brethren with the fol
lowing exhortation :
"Brethren, I've been thinking of
that beautiful scriptural passage,
which says, "If you only have faith
like a mountain, you can tip over a
mustard sned—hie—rnost any time."
Littlo Alice found out an ingeni
ous way of getting to bed in a hurry.
The crib in which she slept was so low
that, by placing one foot on the inside,
and taking hold of the post, she could
easily spring. in. "Mamma," she said
tq her mother ono evening, "Po you
know how I get to bed quick ?" "No,"
was the reply. "Well," said she, in
great glee, "I step ono foot ever the
crib, then I say 'rats' and scare myself
right in." •
HUNTINGDON, PA., WEDNESDAY, MARCH 4..1868,
r) Cobt.
HUNTINGDON, PA.
BE GENTLE WITH THY WIFE
Be gentle 1 for you little know
How many trials rise;
Although to thee they may he small,
To her, of giant size. •
Bo gentle! though perchance that lip
May speak a murmuring tone,
The heart may beat with kindness yet,
And joy to ho thy own.
Bo gentle! weary hours of pain
' Tis woman's lot to bear ;
Then yield her what support thou canst,
And all her sorrows share.
Be gentle I for the noblest hearts
At times may have some grief,
And even in a pettish word
May seek to find relief.
Be gentle! none are perfect here—
Thou art dearer far than life ;
Then husband, boar, and still forbear—
Be gentle to thy wife.
A Gambling Scene.
-PERSEVERE.-
Message from the President.
WASHINGTON, Feb. 24 —`The Presi
dent to-day sent to the Senate the fol
lowing message, which Was read in se
cret session, laid on the table, and or
dered to bo printed. The Senate re
moved from it the injunction of secrosy.
To the Senate of the United States:
I have received a copy of the resolu
tion adopted by the Senate on the 21st
instant, as follows:
Whereas, The Senate have received and
considered the communication of the Presi
dent, stating that he had removed Edwin M,
Stanton as Secretary of War, and has desig
nated the Adjutant General of the army to
act as Secretary of War ad interim, therefore
Resolved, By the Senate of the United
States, that under the Constitution and laws
of the United States, the President has no
power to remove the Secretary of War and
designate any other officer to perform the
duties of that office ad interim.
This resolution is confined to tbd
power of the President to remove the
Secretary of War, and to designate
another officer to perform the duties of
the office ad interim, and by its pream
ble is made expressly applicable to the
removal of 31r. Stanton, and the desig
nation to act ad interim of the Adjutant
General °Ube Army. Without, there
fore, attempting to discuss the general
power of removal as to all officers, up
on which subject no expression of
opinion is contained in the resolution,
I shall confine myself to the question
as thus limited, the power to remove
the Secretary of War.
It is declared in the resolution "that
under the Constitution and laws of the
United States the President has no
power to remove the Secretary of War
and designate any other officer to per
form the duties of that office ad inter
im," As to the question of power un
der the Constitution, I do not propose
at present to enter upon its discussion.
The uniform practice from the begin
ning of the government, as established
by every President who has exercised
the office, and the decisions of the Su
preme Court of the United States, have
settled the question in favor of the pow
er of the President to remove all offi
cers, excepting a class holding appoint
ments of a judicial character. No
practice or any decision, has ever ex
cepted a Secretary of War from the
general power of the PreSident to make
removals from office. It is" only nec
essary then that I should -`refer to the
po'wer of the Executive under the laws
of the United States to remove from
office the Secretary of War.
Tho resolution -denies thk, under
these laws this power has any exis
tence. In other words, it affirms that
no such authority is recognized or giv
en by the statutes of the country.
What then are the laws of the United
States which deny the President the
power to remove that officer? I know
but two laws which bear upon this
question. • The first in order of time is
the Act of August 7th, 1789, creating
the Department of IVar, which, after
providing for a Secretary as its princi
pal officer, proceees as follows:
SECTION 2. That there shall be in the said
Department an inferior officer, to be appoint
ed by the said principal officer, to be employ
ed therein as he shall deem proper, and to be
called chief clerk in the Department of War,
and who, whenever the said principal officer
shall be removed from office by the President
of the United States, or in any other case of
vacancy, shall, during such vacancy, have
the charge and custody of all records, books
and papers pertainingto the said Department.
It is clear that this act, passed by a
Congress, many of whose members par
ticipated in the information of the Con
stitution, so far from denying the pow
er of the President to remove the Sec
retary of War, recognizes it as exist
ing in the Executive alone, without the
concurrence of the Senate, or of any
other department of the Government.
Furthermore, this net does not purport
to confer the power by legislative au
thority, nor in fact was there any oth
er existing legislation through which it
was bestowed upon the Executive.
The recognition of the power by this
act is therefore complete, as a recog
nition under the Constitution itself,
for there was no other source or au
thority from which it could be derived.
The other act, which refers to this
question, is that regulating the tenure
of certain civil offices, passed by Con
gross on the second day of March, 1867.
The first section of that act is in the
following words:
That every person holding any civil officti
to which he has been appointed by and with
the advice and consent of the Senate, and any
Person who shall . hereafter be appointed to
any such aloe and shall beoome dulyqualifi
ed to act therein, is and shall be entitled.to
hold office until a successor shall have boon
in like manner appointed and duly qualified,
except as herein otherwise provided ; provi
ded that the Secretary of State, of the Treas
ury, of War, of the Navy, of the Interior, the
Postmaster General, and the Attorney Gen
eral, shall hold their (aces respectfully 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.
The fourth section of the same act
restricts the test of office to the limit
prescribed by the law creating them.
That part of the first section which
precedes the proviso, declares that
every person holding a civil office, to
which he has boon or may he appointed
by and with the advice and consent of
the Senate, shall bold such office until
a successor shall have been in like man
ner appointed. It purports to take
from the Executive, during the fixed
time established for the tenure of office,
the independent power of removal, and
to require for ouch removal the con
current action of the President and
the Senate. The proviso that follows
proceeds to fix the terah of office of the
general heads of departments, whose
terra never bad boon defined before, by
prescribing that they shall hold their
office respectfully for and during the
term of the President by whom they
may have been appointed, and for ono
mouth thereafter, subject to rem`oval
......
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by and with the advice and consent of
the Senate. Thus, as to these enu
meratod officers, the proviso takes from
the President the power of removal,
except with the advice and consent of
the Senate. By its terms, however,
before he can be deprived of the power
to displace them, It must appear that
he himself has appointed them. It is
only in that case they have any tenure
of office, or any independent right to
hold during the term of the President
and ono month after the cessation of
his official functions. The proviso,
therefore, gives no tenure of office to
any ono of these officers, who has boon
appointed by the President, beyond
ono month after the accession of -his
successor.
In the case of Mr. Stanton, the only
appointment under which ho held the
office of Secretary of War was that
conferred upon him by my immediate
predecessor, with the advicp and con
sent of the Senate. He has never held
from me any appointment as the head
of the War Department. Whateier
right ho had to hold the office was de
rived from that original appointment
and my own sufferance. The law was
not intended to protect such an incum
bent of the War Department, by taking
from the President the power to re
move him. This, in my judgment, is
perfectly clear, and the law itself ad
mits of no other construction. We
find in all that portion of the first sec
tion which precedes the proviso, that
as to civil officers generally the Presi
dent is deprived of the power of remo
val, and it is plain that if there had
been no proviso that power would just
as clearly have been taken from him so
far as it applies to the seven heads of
departments. But for reasons, which
were no doubt satisfactory to Congress,
these principal officers were specially
provided for, and as to them the ex
press and only requirement is that the
President who has appointed them
shall not, without the advice and con
sent of the Senate, remove them from
office. The consequence is, that as to
my Cabinet embracink the officers des
ignated, theist section of the act takes
from me the power, without the con
currence of the Senate, to remove any
one of them I have appointed, but it
does not protect such of them as I did
not appoint, nor give to them any ten
ure of office beyond my pleasure. An
examination of this act, then shows
that while in one part of the section
provision is made for officers generally,
in another clause there is a class of
officers designated by their official ti
tles, who are exempted from the gen
eral terms of the law, and in reference
to whom a clear distinction is made as
to the general power of removal limi
ted in the first clause of the section.
This distinction is, that as to such
of these enumerated officers as hold
office under the appointment of the
President, the power of • removal can
only be exorcised by him with the
consent of the Senate, while as to
those who have not been appointed
by him there is no like denial of his
power to displace them. It would - be
a violation of the plain moaning of this
enactment to place Mr. Stanton upon
the same footing, as those heads of
departments appointed by myself.—
As to him this law gives him no tenure
of office. The members of my Cabinet
who have been appointed by me aro
by this act entitled to hold for one
month after. the term of my office shall
cease, but Mr. Stanton could not—
against the wishes of my successor,
hold a moment thereafter. If he were
permitted by that successor to hold for
the first two weeks, would that succes
sor have no power to remove him ?
.4ut the power of my successor over
him would be no greater than nay own.
If my successor would have the power
to remove Mr. Stanton after p'ormiti,
Ong him to remain a term 'of two
weeks, because he was appointed by
his predecessor, I who have tolerated
Mr. Stanton now more than two years
certainly have the same right to re
move him, and upon the same ground,
namely, that he was not appointed by
me, but by my predecessor. Under this
construction of the Tenure of Office act,
I have never doubted my power to re
move him. Whether the act was eonstitu
tional or not, it was always my opin.
ion that it did not secure him from
removal. I was aware that there were
doubts as to the construction of the
law and from the first deemed it desir
able that at the earliest possible mo
ment these doubts should be settled,
and the true construction of the act
fixed by a decision of the Supreme
Court of the United States. My or
der of suspension in August last was
intended to place the case in such a
position as would make a resort to a
Judicial decision both necessary and
proper. My nnderstanding and wish
es, however, under that order of sus
pension, were frustrated, and the late
order of Mr. Stanton's removal was a
further step towards the accomplish
ment of that purpose.
I repeat that my own conviction as
to the trno construction of tho law,
and as to the constitutionality, wore
well settled and were sustained by
every member of my Cabinet, inclu
ding Mr. Stanton himself. Upon the
question of constitutionality each ono
i`ti turn deliberately % advised me -that
the tenure'of office act was unconsti
tutional. Upon the question whether
as to those members who were appoint
ed by my predecessor, that act took
from mo the power to remove them,
those members emphatically, in pros : .
once of the others sitting in the Oabi
no
t said that they did not come with
in the provisions of tbp apt, and that
it was no protection to them. 130 one
dissented from this construction, and
I understood them.. all to acquiese iq
its eorrectmass. In a matter of such
consequence 1. was not disposed to rest
my own opinions, though fortified by
my Constitutional fidvisers. I have
TERMS, MOO a year in advance.
therefore sought to bring the question
at as early n day as possible before the
Supreme Court of the' United States
for final and authoritative decision.
In respect to so much of-the resolu
tion as relates to the degradation of an
office to act as Secretary of War ad
interim, I have only to say I have ex
ercised this power under the •provis
ions of the first section of the Act of
February 13th, 1795, which, so far as
they are applicable to vacancy caused
by removals, I understand them to be
still in force. The legislation upon
the subject of ad interim appointments
in the Executive Departments stands
as to the War office as follows. The
section of tho act of the 7th of August,
1789, made no provision for a vacancy
in the very case of aremoval of the head
of the War Department, and upon such
vacaney,the charge and custody of the
rccords,books and papers to the Chief
Clerk. Next by the act of the Bth of
May, 1792, section eight, it is provi
ded that in ease of vacancy occasioned
by death, absence from the seat of
Government, of sickness of the head
of the War Department, the President
may authorize a person to:perform the
duties of the office until a successor is
appointed, or the disability removed.
The act, it will be observed, does not
. provide for the case of a vacancy caus
ed by removal. Then by the first sec
tion of the act of February 13th, 1795,
it is provided that in case of any va
cancy the President may appoint a
person to perform the duties while the
vacancy exists. These are followed
by act,of February, 20, '63, by the first
section of which provision is again
made for a vacancy caused by death,
resignation, absence from the seat of
government, or sickness of tho head of
an executive department, and upon
the occurrence of such a vacancy pow
er is given to .the President. to author
ize the head of any • other executive
department, or other officers in either
of said departments, whose appoint
ment is vested in the President, at his
discretion to perform the duties of said
respective offices until a successor be
appointed, or such absence or inability
_by sickness shall Conan provided, that
uo one vacancy shall be supplied in
the manner aforesaid for a longer pe
riod than six =laths. This law, with
some modifications, re-enacts the act of
1797, and provides, as did that act, for
the sort of vacancies to be •filled ; but
like the act of 1792, it makes no pro-
Vision for a vacancy occasioned by
removal. It has reference - altogether
to vacancies arising from other causes.
According to my construction of the
act of 1863, while it implicitly repeals
the act of 1792, regulating the vacan
cies therein described, it has no bear
ing whatever on so much of the act of
1795 as applies to vacancy caused by
removal. The act of 1795 therefore
furnishes tho rule for a vacancy oc,
casioned by removal, - one of the vacant
cies evpressly referred to in the apt of
7th of August, 1789, creating the -De
' partment of War. Certainly there is
no express repeal by the act of 1863 of
the act of 1795. The repeal, if there
is any, is by implication, and can only,
be admitted so far as there is a clear
insonsisteney between the two acts.—
The act of 1790 is inconsistent with
that of 1863, as to a vacancy occasion
ed by death, resignation, absence or
sickness, but not at all inconsistent as
to a vacancy caused by removal. It is
assuredly proper that tho President
should have the same power to fill
temporarily a vacancy occasioned by
removal, as ho has to supply, a place
made vacant by death or expiration of
a term. If,ler instance, the incum
bent of an office should be found whol
ly unfit tq ppcuto the functions, and
the pnblie service should require his
immediate expulsion, a remedy should
exist and be at once applied, and time
be allowed the President to select and
appoint a successor, as is permitted in
ease of a vacancy caused by death or
the termination of an official term.—
The necessity therefore for an ad inter
im appointment is just as great, and in
deed may bo greater, in cases of re
moval than in others. Paoli) it be
held, therefore, that the power given
by the act of 1795, in eases of removal
is abrogated by succeeding legislation,
an express repeal ought to appear. So
wholesome a power should certainly
not be taken away by lope° implica
tions. It may be, however, that in
this, as in other cases of implied repeal
doubts may arise. It is confessedly
one of the subtlest debatable questions
which arise in the construction of stat
utes upon such a question. If I have
fallen into an erroneous construction,
I submit whether it should be charac
terized as a violation of official duty
and of law.
I have deemed it proper, in vindica
tion of the course which I have consid
ered it my duty to take, to place be
fore the Senate the reasons upon which
I have based ray action.
Although I have been advised by every
member of my Cabinet that the entire tenure
of office act is unconstitutional and therefore
void, and although I hays expressly concur
red in that opinion in the veto rgessage which
I had the honor to submit to Congress, when
I returned the bill for reeonsidpration, I have
refrained from malting a removal of any offi
cer contrary to the pfovisions of the law, and
have only exercised that power in the ease
of Mr. Stanton, which, in my judgment, did
not "corm) within proviitionit.• I have endeav
ored to proceed with the greatest circuirispee
tion, and have acted only in an extrer4 and
exceptional case. garefully following the
course whip I have marked out for myself
as a general rule, faithfully to execute all
law's; tbOUgh passed over my objections on
tho the score of constitutionality, in the - pre
sent instance I haVe appealed or sought to
appeal to that final arbiter fixed by the Con
stitution for the determination of all sash
questions. To this course I have been im
pelled by the solemn obligations which rest
upon mo to sustain inviolate, the powers of
the high office committed to my hands.—
Whatever may be the consequences merely
personal to myself, I could not allow them to
prevail against a public duty so clear to my
own mind and so imperative. If that which
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was possible had been certain, if I had been
fullyadvised, when I removed Mr. Stanton.
that in defending the trust committed to my
hands my own .removal was sure to follow,
could not have hesitated. Actuated by consid
&rations of the highest character, I earnest
ly protest against the resolution of the Sen
ate, whiob charges me in what I have. done
with a violation of the Conititution and laws.
of the United States. .
' ' ANDREW JOHNSON
Washington, D. C., February 22, 1868.; •
_ .
" A PEN PHYthEE.—A pleasant 'artier*.
on "Views from 'Mountains" in •tho
Round Table, contains , the follOwirig
fine petEpietures : , • . •
It had been a hazy day, and the
sun went down there were light clouds,
heaped in the west.' The sun slipped
down quickly between two - points - ot
the mountain, just where the river•
bank broke 'away and shewed
and nothing remained but a splash of
golden color, split upon the. crest of•
the hills. The color spread upward
and backward upon the clouds, • which
stretched up diogdnally north from the.
junction of the hills and the river bank
until they lay in a battlement and tur-.
roted pile upon the sky ;,tho.rich col.
or, followed them up, climbing them,
saturating them, smoothing them .nn,
til all other semblance in tlieni 'clisap;
peered, and they looked like long
rolls of combed „wool just raised . from,
the dyO: They •glowed and . burned
with•richness of ' color, and every
bre in them shone as 0r one
might have, imaginedit , 'a -painted
canvass of marvelous 440,14.5',with,
the Very strokes of the brush remain,
lug as the hand had loft' it. If ' eVer
there was "living light," this was'it.
Soaking the clouds,, but not dripping.
from them, - it was richer than gold;
softer than all reflection in- words to.
reveal it. The marVellOus light, was
prodigally scattered. Above, the was
blue sky showed through in.
patches ; and beloiv it all the low Adi
rondacks glimmered in such purple
hues as Tyrian dyes never knew ----1
Purple and gold mingled, the light felt
on the black rivers in streaks w,hieb,
made these a weirdcontrast; and near,
er, it lavished itself on the most corn.
monplace things. It touched the • Ob..
servers, all but transfiguring theni
it lay on boots which were soiled with
a day's tramping, and turned .the dirt
on them into gold-dust; it bathed the,
wayside railroad depot, arid glimmer,
ed along the top of the rails until cut
off by a curve. And, looking behind
the depot, the Green Mountains lay
along the eastern horizon, untouched
and calm in fixedness of deep hluo,
cold contrast with the warmth 'and
glory of the west. Oh ! for Joshua'si
power to stay the sun I But, as if in
satisfaction, the sun seemed to lingen
a little just-under the hills; and net for
full twenty minptes did the niagnifi,
cone° begin to die. Then the- purple
for which we were waiting came out,
slowly along the curve of the mount
taro, and with it this royal sunset--;
very rarely seen in such perfection
even in that locality—sank away, and
the two creeks grew indistinguishable
in their blackness and chirred and
chirred as before, and the roar of the
falls came down agaiu'ond *dined 'Colt
ears.
DEATH FROM WANT Or SLEEP.—Tho
following communication was recently
made to a British society:
"A. Chinese merchant bad been con.
victed of murdering his wife, and was
sentenced to die by being deprived" of
sleep. This painful mode of death waa
carried into execution under. the fol
lowing circumstances: The condemned
was placed in prison ender the core o
three of the police guard, who relfeve4
each other every alternate bony, fi.p4
who prevented the prisoner from fall
ing asleep, night or day. He thus
lived for nineteen days without enjoy,
ing any sleep. At the commencement
of the eighth day his sufferings were
so intense that be implored the authe,
rities to grant him the blessed pp or,
tunity of being strangulated, gmllot 7
fined, burned to death, drowned, shpt.,
garroted, quartered, blown •up with
gunpowder or put .to death in any
other conceivable way whioh their hm,
manity or ferocity could invent!! •
Generosity is tike munure—the more
frequently you spread it, the more rap:
Fdly you 1414) on wealth. When nteau
men become rich, it is - coromonly 'from .
one of two causes—the leaving of a
rich uncle or the pinchings of the
smaller intestines. We don't envy
such mon their bank boolts.
CLROBULUS being asked why b
sought not to be advanced to honor•
and preferment, made this reply
friends, as long as I study and prac.;
tiro humanity I know where 1 am;
but when I shall hunt after dignitieu
and promotions, T am afraid 1 shall
lose myself??
A ITtedi‘Cif writer in England, is en
deavoring to prove that salt was the
"forbidden fruit," and that if it was no'
longer. used by the human Taco• "their
beauty, their bodily perfection and
power of mind" would exceed any era
before known in the world,
SOCRATES used to say to his friends
that his wife was his greatest blessing,
since she Was a never ceasing monitor.
of patience, from whom hp learned so
much within his own doors that the
crosses ho met elsewhere were light
to him.
THE eyes of a pretty woman are the
interpreters pf the language of her
heart. They translate what - her
tongue has a great diffleulty in eN,.
pressing..
TT is 6Thid that the first dress wore
by our general mother Eve was a heap
skin. Adam wore a likp suit.
SOME hearts, like primroses, open
most beautifully in the shadows of lift?,