as 11 thaakitrho Ilave tot Ibeen appointed by lm tberais.,no-tike denial of ins pow er ,o displaeetlien. "It. - wonld be a yio lati n of the plain meaningol this enact me . t to place Nei. st an tou upon the same foo ing as thoiin : , beads ;of departments wh have been Appointed , by myself..': As to 1 im this lawliveslii4 no tenurebf of fiet:. The'members of 16y- Cabinet tiho halve been appointed by me are by this act entitled to hold for one month after theriefiii - ottny - offide - s - thall - c - base; but Mr. Stant4nuiCtfitil4:;fagninafihe Wishes of my . suCcegor,-holird -- efianent thereafter. If [ becrealiertilitteir bSi 'that 'Sut Otasser te-balit..•Afv„the -first' two weeks, - would 014 succe:ss - Or'have.no power to remove s.i hi 1: -But the-power of my successor ov 'r hint could be no greater than my o .: If my successor would have the poWer to remexe Mr. Stanton after per mitting him to ( remain a period of two weeks; liecause.he was not appointed by hint but by his predecessor, I who have tolerated Mr.:it:mum for more than two yeanceertainly have the-same right to re move.hinfoual upon the same ground, namely, that lie was not appointed by int but by my predecessor. Under this eonstruetion of the tenure of 'office Rot, I Lade never douted my power to remove 111 rl Stanton. Whether the act were con- : stitotional or not, it was always my opin i•ef that it did nut secure him from remo val} , It was, however, aware that there were (LOAN as to the construction of the law, and from the first I deemed it desirable that at the earliest possible moment those doubts should be settled end the true con strnetion of the act fixed by decision (If the'Saprewe Court of the United Stag. X3l order of saspension in August last was intended to place the case, in such a position as would, make a resort to a ju dicial decision both necessary and proper. My i tuiderstauding and wishes, however, udder that order of suspension were frus trated, and the late order for Mr. Stan :N.os removal was a further step towards theAceomplishment of that purpose. lirepeat that my own convictions as to the true construction of the law, and as toffs constitutionality were settled and we tie sustained by every member.of my Cahitiet,including Mr. Stanton himself. ITpein the- question of constitutionality„ each one intern deliLerately advised me that clip tenure of °Rico act waa uncon- . stitntiona'. Upon the question whether u tlo those members whir were appointed by My predecessor, that-act took from me tiled power to .remove them, one of those inembers.euiphietically stated, in thepres eaCrf oftlie others sitting in Cabinet, that they did not conic within the provisions of Ole act, and it was no protection t 6 Ne one dissented from this con struetior, end! I understood them all to acquiesce iu its'correctness. In a matter of such grave consequence I was not dis u t . to restti ton m • own o inions the' _ . . • . . • .-,..,....eim tile) Supreme Courl of the United States forlfinal and authoritative decision. In respect to do much Of the resolution as relates to the designation of an officer to Act 65 Seeretary cif War ad interim ) I have only to say that I have exercised this po'wer'under the provisilcdp of the first section of the act of February 13, 179 which so far as applicable to vacan cie -caused by removals I understand to be': till in forde. The legislation upon the ,oitiject of Cid i ',aerial alopointments in the E xtcutive Departments stands as to the NIT4r office as follows : • •The second section of the act of the 7th Of Avast, 1789, makes provisions for a vacancy in the very ease of a removal of the head of the War Department, and up on such a vacancy, gires the charge and custody of the records, books and papers -to the Chief cleerk. Next, by - the act of the 'Bth of May, 1792, , Section 8, it is pro- . lid d that iu case of 'vacancy occasioned by — eith„ absence fiont like seat of gov ...in ' eiit, or - Sickness of the head of the; 1 1 warllpartment, the President may au- thottize a person to perform the duties of the 'office until a successor is appointed, or tae disability removed. The act, it will be rObserved, does not provide for the case of a vacancy caused by removal. Then, by the first section of the act of Faruary 13, 1735, it is provided that in ant , ~c..se of vacancy the President may appint a person to peform the duties ;., wbi t! the vacancy exists. These acts are I...aiwed by that of the 20th of February, 1.5133, by the first 'section of which provis len is again made for a vacancy caused by de:lth, resignation ; absence from the seat of ~ ivernment, or sickness of the head of ;iv executive. department of the govern i n en ,; and, upon the occurrence of such a :I.!files, power is given to the President to altthorize. the head of any other execu tive: 'department, or other of f icer in either of said departments whose appointment is vested in the President at his discretion, to Perform the duties of the said respec tiv 4 oOce;l' until a successor be appointed, ,Jr . yti)til such absence or inability by sick neis'elall cease; provided that no one va cane• shall be supplied in the manner il, afoy said , fur a lone term than six monos." ' ' T.is laW,,with some Modifications, re enhe i the act of 1792, and provides, as li diii lilt act, for the sort of vacancies so tib - liii'filled; but like the act of 1792 it mOket Co provisions for • a vacancy occa si9Odcbuemoval• It has reference alto gCtter^ to vacancies arising from other calivs„,,ancording - to my . construction of tiKaef t a V3o3,_whilr. it unpileilly repeal's:, thc,,aptal792, regulating ,the'manciii,, therirt described., .It has no bearing who vet tipeti_so much of the act of 1795 s e as, a plies tO a vacancy caused by remo vul:, I . )iea4 of.l79s,4.berefore farnisheS ..1 tligi : le, for ,p; yac i artcy:::uccasimied by IT ilor 1.; , ,120 ,. Of t ; be, vacabeies' 4.pressly r4 l. V ' 'l3 - 4..0,4 ; ,713,0t.f.f.,7,1h 44 - 04 ,1169, yreating - thiil.repaiiment - Of 'Par: Ver. tainly Owe is no express repeal by the -act of 1863 of the act of • 1795. The re peal, if there is any; is by implication, and can only be admitted so far as there is a clear incoOsistency between the two acts. The act 0f1795 is inconsistent, with that 'of 1953, as the vacancy occasioned by death, resignation,absence or sickness, but, 'not at all inconsistent as to a vacancy caused by a removal. It is assuredly proper that the President should have the same power to fill temporarily a va wag caused by a removal, as he has to supply a place made vacant by death or expiratioti'of a term. If, for instance, the ince:lll:writ of an of fice should be found to be wholly unfit, to exoercise its functions, and the public ser vice should require his immediate expul sion, a remedy should exist and be at once applied, and time be allowed the President to Select and appoint a successor, as is per mitted hint in case of a vacancy by death or the termination of an official term.— The necessity, therefore, for an ad interim appointment is just as great, and, indeed, may be greater in cases of removal, than in any others. Before it be held, therefore, that the power given by the act of 1795 iu cases ,Of removal is abrogated by suc ceeding legislation,an express repeal ought to appear. So wholesale a power should certainly not be taken away by Icose implication.— It may be, however, that iu this as in oth er cases of implied repeal, doubt may arise. It is confessedly one of the most snbtile and debatable questions which arise in the construction of statutes. If upon such a question I have fallen into an erroneous construction, I submit whether it, should be characterized as a violation of official duty and of law. I have deemed it proper, in vindication of the course which I have considered it my duty 0- take, to place before the Senate the reasons upon which I have based my actions. 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 have ex pressly concurred in that opinion in the veto message which I had the honor to submit to. Congress when I returned the bill for reconsideration, I have refrained from making a removal of any officer con trary to tine pt °visions of the law,and have only exercised that power in the case of Mr. Stanton, which, in my judgment, did not come within its provisions. I have en deavored to proceed with the greatest cir cumspection, and have acted only in an extreme and exceptional case. Carefully following the course which I have marked out for myself, as a general rule, faithfully to execute all laws, though passed over my objections, of the score of constitutionality, in the present. instance I have appealed, or sought to appeal, to that final arbiter fixed by the Constitution for the determination of all such questions.-- To this course I have been impelled by ••• • ••• •• • • Eirrhylliidi; 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 was possible had been certain. If I had been fully advised when I re moved Mr. Stanton that in thus defending the trust committed to my hands my own removal was sure to follow, I could not have hesitated. Actuated by public con siderations of the highest character, I earnestly protest against the resolution of the Senate which charges me in what I have done with a violation of the Consti tution and laws of the United States. ANDREW JOHNSON. Washington, D. C., Feb. 22, 1868. Onward, Democrats. More than two million Democrats enter the Presidential contest, to win back Dem ocratic Government for the whole people. We have no responsibilities or baggage wagons loaded with plunder to check our march. We have courageous leaders. We have never-dying principles. We unfurl a map of thirty-seven States, and rise high the old flag, and demand the old Constitu tion to live under, with equal representa tion equal taxes, and a white man's Gov ernment. Onward, Democrats! The Cle rkenwell Explosion. LONDON, Feb. 21.—The Coroner's jury have concluded the investigation into the explosion at the Clerkewell Prison, and to day render a verdict. They bring a charge of murder against Barrett, English, O'- Keefe, Mullany, the two Desmounds, Ann Justice, and others, whose names have not yet been made known. Doubts are expressed as to the complicity of Allan.— The police in the Clerken well district are severely censured fol. lack of activity and vigilance. —Much excitement exists in Warwick, and the guards have been doubled about the jail, where the Fenian leader Burke is confined, in anticipation of a reported res• cue. Citizens, volunteers and special constables are on duty constantly. —Lemon,the Fenian, has been indict ed by the rawl Jury at Dublin for trea• son and murder, and Pigot for sedition. The Chief Juitice in his charge to the ju• ry dwelt at len th and in severe terms on the "outrages " recently perpetrated in Ireland. —A batch of Cork police, wearing ,Eaglisb unifors, were badtfiightened 2 on Sunday .night, by some reniana, and ran .post basu3 to the nearest station, when, being reinforced, they bravely sal lied forth to find no enemy. The next day Oene gallant fellows made a number of arrests , of persons whom they charged with scaring thew fio terribly the previous PI Coarse, the "supOoted" parties Were iesit - to Pontrust pemocrat, A. .1. GERRITSON, Editor. ntornmosis, TUESDAY, IMAM 3, 1868. National Convention The Democratic National Committee, voted on the 22d of February to assemble the National Democratic Convection in the city of New York, on the 4th of Inly, a good day for the Committee to act, and a good day for the Convention to meet. 'The month of Mareh,lBBB, will ex hibit two wonderful events—the trial of Jefferson Davis for 'insisting that the Southern States were out of the Union, and the trial of Andrew Johnson for insis ting that they are in the Union. Secession and Impeachment. One leading daily paper in New York— the Tribune—advocated Secession ; one now advises impeachment—and it is the Tribune. Put that and this together. - --•••••• 41111. , 4, ------ Affairs at Washington. The Radical conspirators at Washing ton seem to be rushing into open revolu tion. Since our last issue affairs have pro. gressed as follows : On Saturday, Feb 22d, Thad Steven's made report from the reconstruction com mittee that the President had propotied to remove Stanton, and that he theretoie be impeached for high crimes and ' misde meanors. The day was spent in discuss ion of the mad project. Repeated efforts were made by Democrats' fo have Wash ington's Farewell Address read, but the Radicals would not allow it. As they have entered uport,the overthrow of the government, the.repudiation of the admo nition of the Father of the Country on that day tarp A . consistent act. The Senate was adjourned by the Radi cal members to go into party caucus to _deVise plans for their revolutionary con duct. Stanton obtained a warrant from Judge Cartter of the District Court for the ar• rest of Adjutant General Thomas, on the charge of accepting appointment to act as Secretary of War, ad interim. Bail was given in $5,000. On Monday the President sent a mea ? the Senate 7erglish n „ a i A ctenroieswith. out, reasonable cause. In the House the discussion of the im peachment question was resumed'. The resolution hereunder was finally adopted by a party vole, 126 to 47 : Resolved, That Andrew Johnson, Presi dent of the United Stet es;.be impeached of high crimes and misdemeanors. it was voted thot a committee of two be appointed to inform the Senate of the action of the House, and also a commit tee of seven to prepare articles of im peachment. The Speaker selected these committees as hereunder: First—Thad Stevens, of Pa. and Bout well of Mass. Second—Boutwell of Mass., Stevens of Pa., Bingham of Ohio, Logan of Illinois, Julian of Indiana; and Ward of N. Y., all of whom are Radicals. The President on Monday nominated to the Senate Thomas Ewing, of Ohio, to be Secretary of War, in place of Edwin M. Stanton, removed. Referred to the mili tary committee. On Tuesday, Stevens and Boutwell en tered the Senate, and the former said : " Mr President—ln obedience to the or der of the House of Representatives, we have appeared, before you; and in the name of the House of Representatives and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office. And we further inform the Senate that the House of Rep resentatives will, in due time, exhibit par ticular articles of impeachment against him, and make good the same. And in their name we demand that the Senate take due order for the appearance of the said Andrew Jenson to answers to the said impeachment. The President pro tem.—The Senate will take order in the premises." The subject was referred to a commit tee of seven—Messrs. Howard, Trumbull, Conkling, Edmunds, Morton, Pomeroy and Johnson. • Senate passed thereupplementary recon. atruetion bill. In the House a series of gag rules were adopted, by which the articles of impeach ment are to be disposed of and sent to the Senate in one day after presentation. On Wednesday it became apparent that the Radicals had discovered that the at tempted prosecution of General Thomas and impeacbmeat of the President were without legal grounds, and they suddenly changed their tactics by abandoning their proiecntion, and setting the General at liberty. Re had asked for 3 Wr:t of ha ! . _ bese corps, and they dared not risk the questicid of the constitutionality of the ten ure actor its alleged violation, before Came!, their,partiaan judge, who is evi dentlyl a conspirator. The movement seems, to be -an attempt to rush into im peaohreent and revolUtion on party grounds, by a party vote, without submit ting any law question to the courts. In the - Senate the committee of seven, to, whom bad been referred the message of the Rouse on the subject. of impeach ment, made a report, " That the Senate will.take the proper order thereon, of which due notice will be given to the House of Representatives." The Judici ary Committee reported the bill depriv ing the United States courts of jurisdic tion in , all oases arising out of the recon structibn acts. In the House the Senate substitute for the supplementary reconstruction bill was concurred in. Ou Thursday the Speaker informed the House;of the existence of another Guy Fawkes plot, just discovered by the inde fatigable Kennedy, of the New York po lice. The wonderful discovery proved to be that somebody had stolen 165 lbs. of nitro glycerine in New York. The saga cious police superintendent could imagine no other use for the thieves to put it to than to blow up Congress with it. The intention no doubt is to use this sensation story to inflame the passions of the Re publican masses, and thus blind them to the revolutionary schemes of their party leaders. General Thomas brought suit against Stanton for false arrest, &c., claiming damages to the amount of 81.50,000. The House impeachment committee have had several long sessions in refer ence to the vile work in their hand 9. They divide their time between trying to in vent a series of charges against the Presi dent, upon which they can unite a party vote, and discussing the experiment of de posing the President, seizing control of the government and then trying larn af terward. The committee agree to report to the House on Sato 7 lay, so that the matter can go to the Senate on Monday (March 2d) for trial. The Radical con spirators evidently feel that they are en gaged in unjustifiable revolution, hence their indecent haste to complete the overt act before the people have time-to comprehend or be heard on the subject." micnigan, Illinois, and oth er parties, indicate that the Radicals are in a state of incipient rebellion, and look to Congress for the commission of an act of Mexican anarchy. The severest test of free government is about to be tried, and the people who would not see the Republic blotted out, must nerve themselves for any contingen cy, stand by the government and laws, and defeat all revolutionary proceedings. The final remedy for present and im pending evils, in any event, be the election of a Democratic President and Congress a few months hence, which will end the work of evil doers and dei;pots, and restore union, harmony and prosperi ty to the country. To these s ends let all good citizens unite their efforts for the common good. On Friday the Senate committee re ported a long series of rules to govern im peachment trials. Several newspaper wri ters report what they allege to be the sub stance of from five to eight articles of im peachment. They agree upon the gener al allegation that the President does not want Stanton in his cabinet; but as to the balance of the malicious verbiage of which they will consist, no two agree. Senator McCreery, of Kentucky, was admitted to his seat. —The latest up to Monday afternoon, shows that Stanton remains in quiet pos session of the War Office, and does not leave it day or night. General Thomas has done nothing but respectfully ask for possession. And this is the foundation of a rebellion ! Would it not be wellfor sen sible men to consider the end before they plunge into it ? Pensylvania Legislature. This body, or the radical majority, has become excited over the subject of im• peachment, and resolved in favor of it, although they well know that an immense majority of the people do not endorse it. An amendment closing as follows was rejected by the radical majority : " That it is the duty of the executive and legislative brancheP the govern ment, and of all good citizens to enforce, respect and-obey the decision of the Su preme Court of the United States upon the question of the constitutionality of the said Tenure of Office law, when it is an nounced by the said court." A comm,ittee of conference has been obosen on the free railroad law. An not has been passed to run a line of steamers to Africa; and it can be used by the ra d ! Teals,nextfall in lieu of the el 4 salt river EtCOSV, Judge Woodward on Impeachment. On Monday the 24th Judge Wood ward obtained the floor, refusing to yield it for a few minutes to Mr. "Virashburne to con- clude his remarks, because of the slanders uttered by him against the President, and proceeded to address the House against impeachment. He argued that the resolution of im peachment was a mistake, and that an im peachment of the President on the idea that Secretary Stanton was within the protection of the Tenure of Office bill, was what Fonche, the chief of the old French police would have called worse than a crime—a blunder. Whatever ex ecutive power the Federal Government possessed was vested in the President, who was made the sole trustee of the people in that regard. In the matter of appointments to office and the treaty ma king function, a check was imposed upon the President, but even in those instan ces the power exercised was the Presi dent's. The concurrence of the Senate was only a regulation for the exercise of the power. It was a mere advisory dis cretion, not an executive power. The separateness and completeness of this executive power in the hands of the President was a doctrine essential to the harmony oftho system of government and to the responsibility of the President to the people. If Congress meddle with it, Congress became a trespasser and its act an impertinent nullity, and the President was not to be impeached for disregarding it. He quoted extracts from the debate in the First Congress upon the Executive Department, and argued that that debate settled this question absolutely, and dem onstrated the utter unconstitutionality of the act of March 2, 1867. He also argued that by the very terms of that. act itself Mr. Stanton did not come within its scope and quoted Senator Sherman and Messrs. Spalding and Bingham as taking the same view of the law when it was under con sideration. Mr. Johnson was a man of the Republi can party's own choosing, and he verily believed that the President was trying to restore the Union, to pacify the country, and to administer his high office with a faithful regard to the obli!rations of the Constitution and the best interests of the people. Ile seemed a true friend to the whole country, a faithful public officer, and entitled to Cabinet advisers who were his friends and not his enemies. Congress had far better sustain such a man in his constitutional rights, and address itself to the relief of the suffering country, than to waste its time and the poeple's money in impeaching a faithful public servant on charges that, are both false and foolish.— At the risk of denunciation i he (Mr. Wood ward) denied the right of the Senate to try impeachment. The House was not composed, as_ the Gy "re people or frie - everil . States. Nor was the Senate of two Senators from each State. In conclusion he said : Mr. Speak er, so sure am I that the Arnericam poe ple would respect this objection, that if I were the President's counsellor, I would advise him that if you prepare articlt s of impeachment, to demur both to your ju risdiction and that the Senate, and to iss ue a proclamation giving you and all the world notice that while he held himself impeachable for misdeanors in office, be fore the constitutional tribunal, he never would subject the office he holds in trust for the people to the irregular, unconsti tutional, fragmentary bodies who propose to strip him for it. Such a proclamation, with the army and navy in his hands to sustain it, would meet a I °pular response that would make an end of impeachment and impeachers. Florida. TALLAHASSEE, Feb. 19 The Convention to day, by a vote of twenty five to seventeen, declared Billings, Saunders, Pearce, and Richardson inelli gible, and their seats vacant. Billings, by permission, defended his eligibility in a short speech. Excitement ran high, and Billings declared his ability to control the negro vote. The lobby was crowded by whites and blacks, who manifested but little interest for the overthrown dele gates. After the adjournment a colored dele gate was attacked by outside negroes, supporters of the Billings party, and struck for voting against the expelled members. One of the assaulting party was shot in the hip by one of the delegates, when the difficulty was stopped and the parties ar rested by the police. This is the second time this delegate has been attacked. General Meade and Staff left for Atlanta this morning. It is now probable that the work for which the Convention Was called will be consummated. —The story about Mrs. Lincoln's in sanity, it is now said, comes from per sons who are fearful of having their hon esty and patriotism damaged by the book which she is supposed to begetting ready for press. —ln Jenner township, one of the most radical spots in the grossly radical coun ty of Somerset, says the Democrat, were lately married, Solomon Boyer (white) to widow M'Kelvey, (colored,)' and David Deetz (colored) to Polly Thomas (white.) —Secretary Seward advises all citizens of the United States, native or naturaliz. ed, who have occasion to visit Great Brit ain or Ireland, to procure passports from the State Department, while the habeas corpus remains suspended in the latter country. —The Ligonier Banner ' of a late date, says that "a gentleman from Columbia . City informs us that, the estimable lady, whose person was so revoltingly outraged by the negro at Piereeion, Ind., received such injuriea from the loathsome attack of the 'brutal imp of darkness ,08 to result in her death. Sal Niurtistmtnts. BORDENTOWN FEMALE- COLLEO2;. lONDENTaInif. SG J. 1 'IOIIRNISIIES the very beet education"! advantages connection with a pleasant home. Board ape y ik ltionli2oB per rear, For Catalogues address, Rev JOBB H. BEIAKYSLE.Y. A. )S. Fres't..4l "THE PULPIT" „ L Pagepz Speaking. Pure Literature and Practical Religion. 04, tel the beet things said by the Clergy' and Pub N thing.orld over. By our plan sent one year toe Nbend 10 cts. with your address to The Pulpit Company"' ST Park Row, N. T., • Agents Wanted, now reody for Canvasser s "TICE RiStORY or THE wen teTwatir rei STATES." Pre cAusr.s. Cuannerna. Corti:over AIM RZILIT4I. By lion. ABEXANDER U. STEVENS. Send for Circulars, witlfterms. sod a full deseri_ptlei i of the work. 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