The Pittsburgh gazette. (Pittsburgh, Pa.) 1866-1877, February 25, 1868, Image 1

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    11
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ITTRSIIIIIII3II. PILYS•I..
FIRST EDITION,
-MTT)NIGHT.
Ptiusylvania Legislature.
■..eiall.L ea Ms papta•baiot ct
Prooldloat .1 —lO tarred .tit
_JArrllll,ll3lll* ltolottoo to awe
OtradatllliCsiot tin itorotalts of
*llib.a7 teisoty.
rOptelslDUpstooto Potatoriat
taamsrßrao, F
SENATE.
11CFSAMMIZST oYis
Mr. WHITS, (Itepubllron) of Indiana
gaited the following:
Rfiringos: Andrew Johnson, Pres(
dent of the United States, in dforogord of
alaw °passed by the Constitutional am
jegity of Congrem over biz veto, honed
an order to remove Hon. E. M. Stanton
ealleurolary of War, end appoisted Lo
renzo. Thomas, Adjt. Gen. L. S. A., See
rotary of War ad intertm ; and
Warman, lion. E. M. Srauton has:v
-(l3'rd to obey the illegal order to remove
him from oftice. end the liotionaLlleuso
Reprooentativoi has passed a reaolu-
Witte impeach Andrew.lobleon of high
edam and misdemeanor; therefore,
Thsitelved, That the prompt action of the
mojerity of the members of Congtese in
poolog the resolution for the impeach
ment of Andrew Johntho, Tresdent or
the trotted Statro. Of high crimes and
mlidemeanoro, be and the name is here
by cionunended and approved.
Resofeed, That the refusal of Hon. E.
liL Stanton to obey the' illegal . order to
remove him from office meets the ap
proval of-the Union loving and law
abiding citizens of Tezrosylvaula.
Resolved, That the Governor be and to
hereby requested to forward' a maple of
those resolution to the bpeaker of the
NatiOnal HOMO of Reprosembdives, and
to Ron. E. 11 Stanton.
Mr. WRITE moved . to (*insider the
above resolutions, but Mr. GLA.TZ,
(Democrat) objected, smiths resolatioha
were referred to the Committee on Fed
eral Relations.
1111SXINTBADMILD. •
By Mr.T.RittrT, of Allegheny: Au
thorising the removal of the rains of
dams and locks of- the 'Youghiogheny
ELlsolellVater Company.
Autkofizing the appointment of two
magistrates in. boroughs South of the
Monangahela and Ohio rivers, in Alla
gbony- ootrty, to hear and determine
mom of dmnkenurees and disorderly con
duct, and to regulate compensation
drittfor.
• Also, providing that, the payments by
Insurance companies wider the act of
April 2nd, 1958, may be mid. in law - 1M
.money of tbs United atates.
fitiRIGHT, of Fayette, a bill in !
oorperatingtho 'Union Lumber and Boom
Company of Fayette.
• JULIA PASIZO YLNALLY.
A:supplement to the act increasing the
reyeetto of the Commonwealth by the
taxation of thaahares of stock of National
Benka, and prohibiting the appraisemant
- ntanch stock at higher than the market
Let Incorporating thu Cons°Nation
Bank of Pittsburgh.
HOUSE.
=its VASXT.D TrICA.L.LT
Pail:ding the School Board of Firth
ward, Allegheny city, to borrow money.
Prohibiting the ludo of Intoxicating
Dclaks•ln Langtry townehlp, Bearer
county.
EILIA nersonccrii.
Ur. WILSON, of Allegheny, auppl..
runt. to Electla& lavra, being a registry
,lair for Ponnsylvszda agreed upon by the
Republican caucus of both Rouses.
Mr.'WELSON, of Allegheny Couxity,
eeiabbabinga ferry over the Allegheny
at' the farm of John Roller, Madison
I toenuildp, Armitrong county.'
atipplernent for Kittanning blanufsc
• truing - Company, legalizing the. Bounty
'Ronde turned in Enrrel township, Arm
- Oran county. _,
Mr. un.L.A.B., of Allegheny, =abor
t Wag el:wan of air courses and water
1 drains for coal mines, under act of April
16t11;TRE; relative to underground pri-
Kr.- WILSON, - of Allegheny, an
thills's:kg the School Directors of Patton
Township to pay surplus bounty fund
- • s i for school purposes. •
*i Mr. RIDDLE, of Allegheny, author
, hang the malting of new- indexes to
"- deed books of • Recorder's office of
A Allegheny county, and regulating the
12311118 r of keeping same. -
Supplement to an act Passed May it,
••
1551; misfire to applications for admie
'; I don to alsoshenues.
Rupp*tient to an set annexing Man
i cheater borough to Allegheny.
- Mr. FORD, of Allegheny: Ineorpomt
:'.l in g the Pennsylvania Mining and Trans
. 4 Portion Company. •
Mr. BECSERT, of-Allegheny: Sup
piement relative to weights and meas
, Mr.. RICKMAX, of Cheater, a J•lnt
.; resolution naming Mr. Anthony Wayne
end Robert ninon, as Pennsylvanians,
; • for datum of two Statesman, to be placed
in the Old - Capitol at Washingtoe, and
. widuoristag the Govenaor to employ
native artists for funsiihing the atoms!.
• 1 ' Mr. GALLAORrft, of Westmoreland,
eulogizing the School Directory of 8011.
. verßerrougla, of Westmoreland, to bor
. t rot"
I Itr,l7llM, defining and regulating the
• Debilities of Railroad Companies.
Sean -diseurslon of last bill ad.
EMIf TELIPIWAS.
—At Plibole, Monday mortar g, afire
biolte out, consuming thirty buildings,
and esoling a isms estimated at. $17.5,00e.
I Thelcsma are: Arnold Bros, clothing
store, 24.000; A. J. Chrism, drug Metre,
i Debris .Terraoln Lunch, $1,000;
3 Dentchestallor,SLOCO; P. briar, =wary, ,
_$10,000; It'Afee, aboemaker,V,ooo; Jack
eon, new depot, SI GOO; Ksodder, clothing
store, $.1000; Barolalor [taken:, EGO; C
i Prescott, liquor store, 510,000; Ellison,
s (Canandaigua Saloon,) $2,500; Mrs 117 e,
(Metropolitan Saloon.) r... 500; Marian,
shoe stAno„-$l,OXe. Dr. Waring, $1,000;
Caishr BMW. SAWN Barnisi . , 4100; Ni
agara Remus, Michigan provision store,
'a St. Nicholas Relet.store formerly ocen
.P. pled by Col. Alfred, and eeveral. barns
and outbuildings on Brown street, ail of
'which were entirely consursuid. Th.
Szeoriented by the Implosion of a ko.
At Jiekion„ Mieblgse, on Sunday.
s . Are deolooral Wilcox's block, occupied
tr}Ablk People's National. Bank; Young
: Leer/W.4V rft., grocers; Ford, tobsccoulte;
Hibbard Bros., fancy goods. To*. law,
MAO; insurance, $40,000. - The fire
. caught from tke store pipe.
Wm. Mary A. Peaslea, an Inmate of
the-Insane Aeolus:a at Augusts, Maine,
' •
was sioeldngly murdered on , Monday
•: witarning by Mrs Catherine Hurley,
an
otiea Inmate, daring • flint frenzy.
—The Western Motel, West street,
Mier% irasdeatroyed by-fire ortbion•
day amning. Lose 450,000; Insured for
l'assiaTesiGanar
—ARRIAOr73.—A
stewly•disereatodlettor of Peter the Groat
neegiftgiheroundoftlieltussianjour:
M i er
04.rery eitaracteristieepisds
Pim bsibrase ono or his courtiers ht
be ,Itaa. beard t h at his, the .coartler's,
brcdherwishostemarry aforeign yews's,
and thatlho. perfectly vmdantantla his
remove for making ouch s ;thole., the
inhatillanteof Bombs being less eiTillred
and lees polite then these of other coun
tries. He bas heard that the courtier has
fOrbiddion .his'. Welber to , =tract the
Meditated unions but bin Hafesty not
ogly permits it, be potively orders
He sow goes a stervfmtber, sad corn- I
meads the courtier, whose family have
suclia tarts for foreign alliances, as soya
sir he `bra - Planted Ids brother to • flab
foreign lady to marry his sister to
Arius Itiortuttowa Post learnethet - e ,
I Tl 4= rbat 7 tky l gP'U°a : c Z
foeetttrfitlih
aargtortnnetn the
"Geld country,.
sad hos Aklreedy-reeetved the flzat - prf_-
Dhliatof I - melba:wand five hundred def.,
17.2221
• . -
Ell
sOOONo fita
THREE O'CLOCK A. M.
FORTES CONGRESS,
Impeachment!
The Debate Continued.
Thelipractoaeatliefalattea adopt
ed by Moro tbas a Too-
Tkirds Vote.
126 Ayes; 47 Nays.
By 101egrooh to Um rtttsbnign Oszello.l
Weantztoroa, Fobruary24, 1169.
HOUSE OF REPRF-SENTATITES.
The House was canon to order at ten
o'clock, and Mr. ASHLEY opened out
with an exciedingly hitter inspeachneent
speech, and closed by saying: I amp ,
Andrew Johnson, addition to the act
for which he is now to be tried, with cor
ruptly using the veto power and pardon
ing power; withhaking illegallydisponed
of public property, and interfering with
the lawful elections of this country; and
helieving,that Anirew Johnson is guilty
of this and more, I think it is ear duty,
for tho safety of American institutions
and Dar thcso who -ooze' after us, to yin
dicato the =Jetty of the law. For these
reasons I give my vote Martaign, put on
trial for high crimes and misdemeszora,
Andrew Johnson, noting Presitiont of the
United Stenos. -
V Mr. COOK followed,
declaring that the
President notonly violated the tenure o
edits* law, but had exercised mowers o n .
warranted by the Constitution and lase.
Mr. BOYER spoke against the resolu
tion, saying. the Hones wan debarred
from receiving charges already' passed
upon. He didn't believe the people
would sustain this new proceeding,
which he characterized as revolutionary,
and proclaimed that di law had not been
violated bemuse Stanton was not ap
pointed b Tohrumn.
Mt.rwrxiSliairpporteitheresolatlon:
As to the appointment of Stanton, John
son Wag merely VicePressident, acting as
President, therefore there was no force
in Mr. Bayer's point. He argued that
the cue of impeachment was a criminal
use, and the Collet must have thejuris
diction of the person of the criminal, and
control his movements. The criminal,
, therefore, has no power to porters& his
official functions. He argued this point
at some length. •
Mr. CAKE advocated impeachment
.tie believed thejsublio mi d was ready
for- th e event wars. BEAMAN and
PRICE followed on the mom aide.
At half-past four o'clock THADDEUS
STEVENS arose to elves the debate,
amid the greatest excitement Mr. Ste
vens atoed at the Speaker'? desk, and
wax about to. commence his remarks
when
Mr. BINGHAM moved to extend the
time allowed to Mr. Stevens to one lour. -
Instantly a half dozen Democrats oh.
jested.
A motion was made to adjourn, and
there was every disposition 'manifested
to dllibuster, when, in compliance with
the universal request of the Republicans,
Mr. BINGHAM. withdrew his motion.
Mr. STEVENS asked peindssion to
have his remarks read, as his voice could
not be heard.
This was granted, and Hon. Edward
McPherson, Clerk of the Hones, read
Mr:Stevens' speech, amid close atten
hon.
The question was then called on the
Impeachment resolution, and It passed by
voto or ONE HUNDRED AND SEA -
EN - TY-SIT AYES to FORTY-SEVEN-
HATS
LitteIIZAIL IMPORT 1
The HOUSE re-assembled at to
clack and rammed the consideration n
- -
the impeachment resolution. The inter
val between this hour. end nein being
t=tl
session of - tialarday,! the desks of mem!
hers were very spasely - occupled at the
opening of the proceedings, bat every
seat in the galleries, lave same in the
diplomatic gallery, was filled.
The debate was opened by Mr. ASH
LEY, of Ohio who, is the course of his
remarks,- s aid the Het= was now
brought fere to face with a man who
was reoggnized aeon enemy of the Gov
ernment and ail strong ally. and friend
- of the "lost canes" A man woes pub
lic and privets acts had been markd by
violations of law. Dare the Horuie longer
shrink from the exercise of its power in
rescuing the Government from the
usurper,' anti thus proclaiming that
the Government was ens of con
stithtional law, not of usurped
=war? When, two months I ago.
the- Hens - voted down insPeach
ment, he had enoeuraged loyal men to
keep their hearts, sad that time 'would
vindicate them.' .He did net Bowl
in th avindication. He had machrath
er that the acts of this accidental IPreel
dent would fall to the ground; or Oat hs
had so administered the government as
to bring it back to the paths of ;peace,
Union and prosperity. The =each
' meet of this se= was neresnim If not
for the safety of the nation, at least to
teach a lesion to Adore Presidents and
to vindicate the rpotehleas Coriontution
of the country.
kir. COOK being allowed one minute
remaining nn explred from Mr. ASEI
LEY'S time, devoted that to advocat
ing the resolution of impeachment. He
hakithat not only bad the tenure of of.
See law - been violated by lb. President,
but if that lave had not been in existence.
the President had exercised a power en
tirely =warranted by the Constitution
and Laws qf the United States.
lIIKIKEYER addressed the Honer in
opposition to the resolution, and con
tended that even though the tenure of
office law were constitutional, there was
no violation of it, either in letter or
spirit, in the removal of Mr. Stanton.
Mr. Stanton was an appointee of Abra
ham Lincoln, anti If the act had been in
existence one month after the terrnisis
(lon of Mr. Lincoln's administrate°, his
fauctioria as Secretary of -War would
have ceased •y the very tarns of the
act, and he had ever since continued in
office simply at the pleasure of the Pres
ident. Ile =tied any any gentlemado t n the
ther side to out arovision of
he Bi
tenure °ce lawwhic ny h
ha p d been vio
lated by the President. If any person
bad vlotated the law in this matter, it
was Edwin M.Stanton himself, whewan
holding on to the eel= after his term had
expired.
Mr. KELSEY addressed the House in
support of the resolution, arardne, as a
question of law, that the President
'should be impeached. In reference to
the warning and menace contained in
Mr. Brooks' speech on Saturday, in mac
' an attempt should be mode te suspend
the President pending impeachment, be
claimed that when i topeaohment was for
eh indictable act, it wss the same as a
comlnal pratteding. and the Court bat '
lag. Diriadiction of the offense must
necessarily have jraisidictia of the per
son of the criminal sad have frill control
of hie movements. The criminal, as n
ratter of cease, had no power to per
form his fondle=
Mr. CAKK supported tho resolution of.
insposehnusit. He believed the public
mind was ready, far the event. To trifle
longer with the question was to trifle
with the Jost demand of the loyal men
tonnation, Around Edwin M. Stan
were gathering the sympathies of tke
people.
Mr. BEAMAN followed on the same
aide, yielding one minors to Mr. PRICE,
who said for two long yams the people
in Congress hod bear keeping wareA nod
word at the portals of liberty ; and that
Andrew Intirll.ol3, with irecklasnapaspe
cutter to himself, was rushing madly awl
furiously on his fate.
Mr. BLAIN X. said the Houses's skeet
to act wi ds . th e plain authority of the
Constitution.- Thom was no question of
lair Involved is the molter at all. The
President had openly:and
toted the law, Giro= down the gauntlet,
and dared Congress to the lane. Con- , I
gress most accept the challenge and
must meet the issue. . •
Mr. DR.1006 said If the whole Demo
credo party, and every ether party, were
clamoring at the doors of Congress, and
seeking vengeance against every man
who supported the impeachistent resole
tion, he trusted there was pot a member
I present wire would not vote for its on I
conviction, and without regard to any
' threats-
Mr. WASHI3UNNE, of ru, declared
be should vote for the resolution .be fare
**Hanle. Acting with a stuiprity of
the Itemaillean members be had not
hitherto favored Impeeobeend waxen
the-Prenident, net tecaniselm did notbm
Dent blnelemrally goiltY of Impeachable
isapt _bemuse be mot exanste
bliellacet, but 'lmam •be Cel t
OAS ist Aboaeobranbwiltotarepreetated,
, .
i ,c„rlik Li
7.7......_0.0 11 6 , s-,.,
' l i '
AI:At! 'ltpit/,z , / in ~, ~ _ ,
I _ .
- ' ' , Mt' iiiii..---• --- t I
•
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~,r !,-, , ,_, , :
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. I . i r t
51 ,
_
_
, I
,
there might be a doubt •f his conviction.
Rather than bench out ou a deobtfril
experiment in the House, It was hoped
that the President, warned of the power
of the House, and indebted for its for
bearance, would se conduct himself a, to,
avoid the necessity of resorting to
the extreme remedy provided by
the Constlthtion. But all suchi hopes
had been disappointed. Eveey apt
'of forbearance bad been tut a
[fresh Invitation to , farther and
1 more flagrant aggressions, until t butt
ha had Puns himself ngsiast th very
bulwarks of Uto Coustitutien, defylag
thelaws, overriding th e cardinal branch-Me
of the Government The time bid
now arrived when the people's repreesm
lathes could no longer delay the Tidal-
cation of the Conetitution. To itini-.the
i
I pathway of duty was plain. He feared
no appeal to the people, but courted
such en appeal. The gentlemen had
, not road history, If they, bad
tot learned that to all.' contests be. I
tween an Executive and Commons
' the representatives of the people had I
triumphed, in the end. That great party
which, with patriotism, courage, fidelity
and heroism had carried the country in
triumph and glory through the war,
would not how fail in its great mission. I
That party which overcome thlindivid- 1
ad and compacted strength of all the I
rebels in arms, oratained aid supposed
by the eye:lathy of two-Mille of all
the voters in the Slates not In open re
' hellion, would not-sow les overcome by
a band of mercenary camp rotisserie of
I ararm pt and trragonable administration.
The lime had now come, when the
Preeident should be promptly immeshed
for lastest great crime, co tau:tined avant
the Coastitutien. His longer continu
-1 &nee is •elco was a perpetual and endur
ing menace against the pea,* end pros
perity of the tvuntry. The whole otlicial
career of the President Led been marked
by • wicked disregard of all his oblige
bons of public duty, and by a degree of
perady, treachery and turpitude unheard
of In the hietory of the mien of a free
people. As mendacious as ha was ma,
Umlaut, he tad in his onleill capacity
attempted to hurl down and destruy the braved, the nobleat, the hest in the hand.
His administration ha.s been a constaet
and prolonged warfare against all the
materiel intereata of the country. It
had prostrated business, It had *pestered
labor, deetroyed States, Impaired the
public credit, cud sapped the public
morals Surrounded by red banded
rebels,' advised and conrualleal by
the worst men that ever crawled like
filthy reptiles at the footstool of power,
he has used all the vast authority of tie
government to prevent a unioa of the
States, the resterettem of the harmony,
peace and happioo.o of the country. The
loyal men in the rebel States have been
brought to a condition under hie admin
istration from the contemplation of
which all men recoiled with horror.
Murder, rapine, inceudierism, robbery,
and all the crimes stalk through the
whole land, and every 'day he remains
is office adds to the long list of victim.
of rebel rangenuee and cruelty, not to
soy hate. With nude a President, aearly
sate• department. of the government
had become demoralized and corrupt to
en extent which could tied no parallel
In the history of any country bit severe.
The Attorney General, not ratiseed with
heiog his medium, througn which se
many mail robbers, counterfeiters and
nubile pluadorere base been pardoned
and turned loose upon the country, has,
with ostentation, and boastful au - dusty,
proclaimed he will not vindicate the laws
of Congress. Look at the Nosy Depart
ment, with its profligacy, robberies and
persecutionsol the honed and best naval
emeere of the country. The admit:lairs-
Men of the Treasury Deportment was
characterized by the moot appalling
frauds, with countless millions of revenue
stolen to go into 'he pockets of thieves,
partisans and plum:dor - ere, nr to make up
a vest political fund to demoralize mad
corrupt the people. The Interior Depart
ment, with the land jobbing contracts
and corrupt extension of patents. The
Pratofect Department, arraigned before
the Home by a Commutes of the Homo,
and the blears D. pertmeat, • resigned be
fore the rulers of the carts for its failure i
to vindicate the rights of the n itma end
thecitizens of the patted. et,afranted a%
wean this day by thin state of things, so
threatening to the national rxistence and
so destructive to all that Ist held dear to
posterity, where is the patriotic man e:
acv political organization who does not I
wail Upon Congress to sternly do its whole I
duty nod purge- thlnCeplial of tie crimes
which now defile the nattiest
Daring the delivery of Mr. Wad,'
huree's speech the hour of twelve ar
rived, when the amnion of Saturday ter
minated and the regular legslative ma
racaof Monday cemmenced•
Mr. WOODWARD obtained the floor.
(refusing to yield • few minutes time to
Mr; Wastburne to conclude hie remark a,
becandeof the slanders uttered by him
against the President,' and proceeded, to
address the Hone. against the impeach
ment resolution. He argued that the
resolution of impeachment was a mis
take, and that any impeachment of the
President en the idea that Secretary -
Stanton was within the protection of the
tenure of ores, bill, wan what Fouthe,
the Chief of the old French police, would
have Called worse than cringe—a blunder.
1 Whatever executive power the Federal
L GoTarnMent possessed was vested in the
Pre !dent, who was the Bole trustee of
1 the people in that repent. In the matter
of appointment to office and 'the treaty
I making fouctions, a check was imposed
upon the President. But man In these
I inginnan the power exercised wee the
t PreeltionVa. The concurrence of Me
Senate Wm only &regulation for thee:at - -
I case of the pews*. It wax • mere
advisory discretion, not an executive
power. The separateness and temple e
neas of this executive power in the
hands of the President wee a doctrine
' essential to the harmony of the system
of government, and to the respons ibility
of the President to the people. if Con
gress meddled with It, Congress became
a tragepaseer, and to act an impertinent
nallity, end the President was not to be impeached for disregarding it. lie quot
eel extracts from the debate in the first
Canasta upon Executive Departments,
and argued that that debate settled _this •
qaestion abaoluilly, end demonstrated
the utter uattelistanttenality of the act
of March 2d., 1667. Us also argued that
by the very item, of that very act Itself,
Mr. Stanton thd not mme Within lts
seer°. Be quoted Senator Sherman and
Messrs. Spaulding and Bingham as
taking that game view of the law, wise
it was under consideretion. Mr.
John.= was a man of th• Re
publican party's oven cheeeng, and
he verily believed that the Pre sid ent
was trying forester& the Union, to pe
el-Area the couatrv, and administer ale
high office with a faithful regard to the
obligatietts of the Grailtltution and the
best interests of the peeple. lie seemed
to him he be a true friend to tho whets
of his country, a faithful public °Meer,
and entitled to Cabinet advisers who
were bin friends end. not hie enemies.
Congress had far better sustain mice a
man in bin constitutional rig
h •
s ts, and ad
dress itself to the relief of thuffering
country, than to waste its time and the
people's money Is the Impeachment of a
faithful public servant on charges that
are both fald and Nadi. At the risk of
denunciation he (llr. 'Woodward) deeds!
mengh of the Perste to try an impeach-
The finnan was not condweed, as
the Constitution required, of members
chosen by the people of the several States,
nor Snot the Senate composed of two Sen
ators from each State. In ',conclusion
hte meld: Mr. Speaker—So Fero am I
that the American people will 'roma&
this objection, tballf I werelthe Prot
dotes peunsellor I could advise him,
if yen prefer articles of impete-bment, to
, demur both to your jurisdiction and he
' that of the Senate, and to issue a progle.-
I notion that while he held - himself Im
peachable peethable for 13213delniallor in office be.
I tore the Cotietitutional tribunals, he
I neyer would abject the office he held In:
trust for the people to the 'Lancer:MMus.
I Mend, fregmentary bodies who prepora
I to etrip itim alt. Such a piticlamatlon.'
1 with the army rind navy in hand to sues.
1 tabu, 'would meat n popular response.
That would - make as end of
Impeachment and the Impeakhera.
I !Ir. WILSON, of laws, Chairmen of
the Judiciary Committee, in support of
1 the Impeachment resolution, said Mr.
Speaker—Tho puhlid peace is nein dia
-1 Wised by the Presideat of the United
'Man. He denies to the maims that ri
1, pose which It so tench needs. IF, will
I not obey the law, and by It he mud be
indged. I do not approach this-case
an der the spar of hate or the heat of
passion. Its presence I deplore, but its
demands I will respect and obey. As a
1 Representative it is my duty to toes that
the laws of the Republic are not dotted
by a criminal iu office, If within the
t.g.lr o f
gonad. theThCoorpl.ttu.tic.ononfrlmeadrirmtia.ait
is a rateable feet. Toe remedy la plain
andindisputable, and from the perform
; &nee of the duty I will aot I shrink. An
Impeachment of the President of the
United Slates Is made Inraliable
by Ma own dellbersio criminal
I
conduct as presented Ito 11l by
the roe which now commands
[
our attention. We cannot neaps tide
' conclaelon, If we , for the ?real-
I dent weal/ hedge eta would about with new
acts arrester enormity, If there be an
logic in his course of
of ma protSditre,
tap which
would at last com to take the
Me that he has now defiantly cast at
Our feet. )Heretoitthroldschallinsgas ban
not been, in my judgment, In.dinform
&flaw, stamped with the character of I
reit erlmes and lealedeMelatime, sad
.
therefore I hose enlisted a resort to the
extreme remedy which the Constitution
line placed In our hoods Perhaps I
have been more cautious than most men
would have bead, but to, re.
grata came to me on this account, for
I believe I did my duty. The
comideratione urged upon me mind end
'welch moulded raw ronduct le the NW,
with which the Committee on Judiciary
of this House was charged. are not to lie
found in the present case. The logic lu
the Ammer case is made plain, not to soy
perfect. by Re sequence in the present,
one. The President was working to an
end, enepeeted ily others, known to him.
self. Then his mesas were not known
to to the law LS crimes or noteileineanure,
either by the common law or by Mande,
and are so proisouneed. He Mistook our
judgment for cowaislice, and worked on
until he hespreseimed to intaiinecquenec,
a high misdemeanor, known to rho le v,
and defined by etatute. If we permit
thee to pus unchallenged - by that high
I power with which the Constitution bee
clothed us, no man Can measure the I
future troubles of this Republic. For one
I am not willing to wait for an oseertein
, meet of the unknown quantities of
future .Preidetential crimes and misde
meaner's. We hare' before us the el.:-
meals, and the quantities aseertaleed,
and I am In favor of wiplog it from the
Executive black board by an Impeach
ment of the criminal who placed it there.
Its presence M a S011se• of regret to me.
and it meet boot' mortification to the peo
ple of this Republic. But I will
face it, and they will mist it,
amerting the insueordinatioe of
the President to the law. He is sot
maker of the law, or a judge thereof,
and it is enough for him to know that
the Constitution, which he is sworn to
preserve, protect and defend, says that
he Isbell take ears that the laws 'shall be
faithfully executed. What laws? These
which ore passed in pursuance of thq
terms of that Constitution which he it
sworn to preserve, protect and defend.
And how are these lawshiamed 1 By the
two Houses of Congress, with the et:-
prove of the President, or in such ease as
he does not approve, shall return it with
hie objections to that Rome in which
it shall have originated, Who then enter
their objections at large on their jewel
nal and monied to reconsider • it, and if
talter
use shell a recons
gree to ideration two-third• of
hat H pass the bill.
i• shall be eent, together with the
lion., to the other House, by which it
shell likewise be considered, and If ap
proved by two-thirds of that Homo, it
shall becosme, law. What kind of a less?
One that the President shall take care it
he faithfully executed. The Censutu-
tem does not make him judge el the
I law. but an executor thereat, mei Ito io
bOUII4 to execute that which -the
law snaking power deems, t. be
the law of the hued: Whateler may be
a l
member
°luton of the
brat
ionn mere indi vid- I
of the al family, hens I
hound to yield to true Weber duly which
Comutution humses upon hint as ao
officer of the Stale. If hie conmience
forbid, he may resign the trust, but he
leas no right to retain the power of a puts•
tic °tither and subordinate that to the
I judgment et a mere indirldied member 1
of a comma aity or nation which Ism
clothed him with executive powers for
he enforcement of its laws. Asa pith-
Ile saber no suck plea inn be pre:est-13..1
I entered in hie behalf. . lemuse he
,IS sot only sworn— to , OZ,CIItO
I the law, but also posses. the I
rietei of resignation.. If hie commie...el
will not permit him to execute a given
law, as mayetesign his trust and leave to
his suocemor the performance of a duty
is which his judgment as as individual
will not surrender to hi. obligations as a
public officer. A willingnem to mond:
to the penalty prescribed for the viola
,
ties of a law may to some •Ment es.
ruse disobedience on the part of a pri
sate citizen, and at the name time avail I
nothing to the public officer. The letter
may at any time by reeignation
become, a I private citizen. hot
she former menet become *public otli
etc in this country except by the oaf
:rages of his fellow-citizem. if he se
cepte emelt of their suffrages, les
merges hie individuality tote that of an
°Metal creature, which blade itself by
, an oath man executive officer to do that
which am e mere Individual he may Lot
tallompuit, rlgiator comet' tutional. inch
rm acceptance remove* him 'from the
sphere of the right of teivatejudgment
to the place of the private ottrer. And
binds aim to observe the law. hie Jude
, Went to the ancestry notwithstanding.
The Constitution locals the President
with executive power, Its order that he
may take are that the laws be faithfully
executed. Every abuse of this power,
ehether it be an Improper nap or Pt or
•ei. of it, Ls • breads of efficial Mite
but it isnet every breach of official ditty
that can b charged as • crime or miedie
manor against the delinquent officer.
Whether doubt may have arisen in oth
er cams of the criminal character of the
maduct involved, this one we
are now considering promote no basis on
which te e not n doubt. Deliberately,
not to say defiantly, the President
Ines violated a penal statute of the
United States, and thereby COM
nutted a high misdemnor, which
the law says eissil be e punished by
doe not exceeding ten theneand dol.
fare, or by imprisonment not eaceseliag
five years, in by both, said punishment
in the discretion of the Court. (Act et
March 24, 1867. section spunll Um dr
eumatauces attendant tide cum
howthet the President's action ViraS de
liberate and willful. There is not • shade
of excises or palliation In the else as it
is presented to us. He perversely has
rustled upon his own distraction, and
obstinately huh. forced Upon us an issue
in which we must join or prove our
selves unworthy representatives of a free
people. We have not sought -this
[MIA but have resorted to ever•
legitimate means to ovoid it.
Ke have manifestadine undue desire to
exercise the impeaching power, which Is
vested in thLi House exclusively by the
express terms of the Constitution.
Outdo; by a sincere desire to pea this
eup from rear lips, determined not to
drink it if escape were mama off by the
pressure ef a palpable duty, we at Imt
find ourselves compelled to take les very
dram, AL decent respect for the Ezecei
titre•officer, a patriotic effort to. avoid
a collision between the two department's
f the Government, ever manifested by
this House. seems to have been mast
straagely stheunderateed by the Preti
slest.'_Our refusal to abuse a power, or to
resort to it, even while a mere demist as
to the rig ti ht to exercise It could be urged,
In opposion thereto, seem to have been
manned by him Ina'. license to tram
ple on even the penal statutes of the na
tion. The result is bronco. The Pres
ident challenges the supremacy of the
and dionore his ermatitutional
shad o be talre i lsz y that th . z eo la t ze .
Substantially he affirm. that his
oath of office may be qualified by the
conclesions of his prMate4dgment_.
He detlantly caste berme the remota
titres of the people eta gege, an declares
that he will decide what, laws are oar.
atitutional, and that etch only as stand
the test of his judgment will he respect,
enforce Cr obey. This Is bile case. He
fo u r
tO it on
thin real stute.
It is for us to traverse Wm time an ta d put
it to the country. Anything lees than
this 'would be e shammed abuseof a high
trust and criminal abandonment of deity.
1 e fay uharge shall neither of these of
fames be placed. -M.
Mr. Speaker: It bee been urged in
thee debate that the President's sole ob
ject is to secure &judgment of the Court.
m loth* constitutionality of the act reg
ulating the tenure of certain clyil offices.
Such en intent will net Justify the com
munion of • high crimeer mistime:sewer.
Suppose the Courts should hold the act
to be oeuetitattonal, would the fast that
'his intent was to have that question do
' aided be good plea to an indietmmit for
a violation' of Its provisions? Who is
Insane am to smart orsprepoeterens a pro.
position? Whoreer acts In thle way,
'and for Mee -purposes Buggy/Mel,
does it at his peril The Mitt
belongs to the President In this eme,
sot to the law. This plea, In his din.
clency, was not the result of inadvirrtenee
r mistaken judgment, and that is the
and calculation of deliberate purpeee.
He committed I high misdemeanor in
order to seourea judgment of the Courts.
Slr, wo will gratify his desire by refer.
ring hie ease to the highest tribunal
known to the Osemtitntlon efte Repub
lic, the high Court of Impeacent. To
that august tribunal we will present
this cane, and with it the and the
crimiaal. He shall have hie day I.
Court And be bought rem his own good
that of Isla mammon in officio, and that of
the United Static Clothed with all the
great power. of Me high official Mathes,
be is as completely subordinate to the
law of the Republic is the Itambloit of its
citizens- The public welfare, the repose
d of the nation, the Interes R epu bl i c ou ietitu- I
one, th e safety of theitself,
require that allpersens, official or other. I
wise, shall be Belesnaly taught that the
law of this land is no =Teeter of per.
eons: that thehigliaisd law, rich and peer, '
the public officer and the private cilium
are tech and ell. amenable to ita
ally* dememds, subject to Its high OM
VILLA linbOtanatO tO its supreme - an. I
therlty. The majesty of the law mail
be amerted, though It strike from hisses-.
Kited poolOOri thp Chief Magistrate of
the n vela ation: We' deplore the necessity,
but we must obey the e* of the
I speak net as • partizan, but a custo
dian of a tenet whose' eatinid character
urges me to a strict observance of my
ditty. 'I Wlll 'We fee the pestling rem-
ME
!vault, to the end that the law may be
eindicated, by the removal of so un
worthy public servant from tin official
position which Ito hoe dishotetred by his
perverse <tierce:mil of his duty, and tale I
august contempt of the supremacy of
Molester' e ,
Mr.WGOI)BRIDeIIe sustained the itn
peacument resolution. liodeciated his
belief that in no other way than by im
peachment could the moierty of the law
and the future safety of the 'Republic be
maintained. II ternult mid riot and
bloodshed woold follow, they would not
be cereed by the exezutiou of the la*.
Ho would usoiro he gentleman from
Now York (Mr. Week+) that if such
would be the result, ten Globe:aid swords
weuld leap from their reabluada, a mill
ion teivourts glisten in the sunshine;
brave heroes would fill up the ranks; the
honor of the old itag would be main
mined; p e ace and quiet be restored; and,
the natleus of telt 'earth would egain
learn that the government of the United
Stalesera• a cot MIIMIMI of low.
Mr. Nsit itiD add reseed the Ileum.
against the inipenetaneut evolution. Ho
mid the orooeteeing is as unwarranted as
It le Unpremdented. Tice President Ilan
been guilty of. no loyal or moral °demo.
under the Constitution and laws. The
grounds on which the resolution of im
peachment Is MCOlg/lt p. bo maintained
are all frivolous, technical and utterly
unworthy of any attempt at refutation.
If any branch of the oos - eminent has
b.'s, guilty of high crittita end minds
manors, It is that which would usurp
ell power ouch make the eoordiriato ,
bratiebee sotoervient to tin will and its
•eldsh psnienni desires. The President
hoe been c Motet to maintain his
oath of ogler. which esquire. Lim
to pre,erve, protect and defend the Cen
atiuuiun the bent of bet ability, and
this is the extent of his offending and no
mom. If the Ilouee, aided by t like.
spirit and fer a like motive by the Sen
ate. :Mall ~on•oromate this proceeding,
end displace the enlef el egistrate of the
satins, ureter so Slight n pretest, it will
eMellOitan offouro greeter in effect t him
that attempted by he leaden, of emcee
•ion 'IRO. Their tennis - al to tryout.
plish territorial disintegration. 'lbis ef
fort le to .11,re:ewe the government it
self. and if tarried terongb, elm public
credit reoeiven a fatal blow, totems• the
instability of our political lueteutioni,
beocenes manifest, end this IS the limier
upon W.ich it now rests. All monetary'
and proprietary Internet will be shaken.
An acensetpienee [otitis, groat Indeletelal
tit beentlle prralyzed.tallltloll.,
will beZortie materhaly onlintmeel, the
eurrouey - further depreciated, trade and
commerce destroyed, and the people,
taught by the example ter Covers., will
learn te disre•prot and disregard tie, an•
thority of the satlcial pewee to necome
ry for the pmtectiou of hie, liberty and
property. Thus ve , mid '.nisi and politi
cal evils f,linw,•alike eubvetelve
of pride, sod public geed. Will
the neereoltv for the removal of
tbe Pre.iden . : nedify. po.thal,llity of
itch experimente at a ble . Is One
tatioual condition in that quarerposltion
to
warrant SO experiment ele (aught
wish pestle, danger.? If numb constd
enetions Lase no weight with the majori
ty of thin House, can Met party bear am
reereasibility It wdlehe• lunar! Can it
take upon itself the O.IIIIM ef ell rxtra
ordinary anti revel uttensry proemitesee!
Can it eseepe from the mane
queues, heedmit to so viol-at a
reiuedy'ea imeeinery emsgs, when no
motives of public good will gestate It I
I impiore gentleman of the Heuer. Cs
ear. tloeer• peadmg calamittee, to
reflect upon the personal coesequesers
1 the atop they ate sheet ei take. It
the hanger to the enuntry and to the
emietry's existen,, of their tt.trty, ea,
emetic t301 , *.c tn. let therm remembertheir
petJeaerecti,e. The eneetittieuey to whom
vote must rl.O der his seoiout, and the
molvideal !bailie , thus Incurred to our
ecelnon as reentabers of this • Yee
ore to t our own r "eta.; we are here in •
representative rer ' ecityt we reflect alone
:he voice and w of polltielans at
:tome; under the theory end laws of our
eerntry we are all the eer e.e+ of the
whole penp!e, oto• and wlnhee
ws inipernotte . e on ibis goo. to their
Limpimes mid ero•perity. Let us:devote
oar - seinen t, thetr bent Inter
est.; let - us be faithful, and to'
noir bidding lotus bow, so that we may
hemline meet theta whbont fear and
watemt reprosela The day will speedily
time when all of ne moat 'meter en Ile
•-outit ufnor etewitdstep, not only O.
•.or frlende and neignhors, but to Orel
ear reentry. Le: tie try no dis•
fharge this that whether living er
dying, In public or private life, the prw
ceuee of our [Amities or if eat Linker,
we ran ju•tify and maintain our produce
Mr. PRE Ye: followed on the game
side, Arguing in support •f the Commie
cenal te,vier of the President in the mat-'
tor, which is the grevemea of the charge
ug.iffat
Mr. POLAND having live minutes al•
lamed him, next emoke in sepport of the'
impeachment remote:ion.
Mr. STOI(ES haelug teneelnutm at.
hoed him, followed on the same Ode of
the patetloe.
Mr. PIE E haring six minutestallowed
him, elated the gninutle on which he
sustained the resolution.
Ur. 'NICHOLSON opposed the emelt:i
som and declieond Ls belief that the me
sowed violat re of the tenure of oasts
low was a mere pretext, and that the
true motive for the proposal Impeach•
merit was to be found in the determina
tion to remove the President., cot no an
etoterle in 'the oath of reconstruction.
iitit as a dreaded obsolete to the to measures to be resorted to for
party purco•ss.
Mr. MILLER eusteined the rosette
tion.
Mr. ELDRIDGE , addressee( lb. Hems
in opposition to the r e ,eaution„ He
asked vesetter the gentlemen on the
en :be other ride believed or expected
that it was possible for this-government.
of several co-equal d•partnients, to exist,
when not ugly warring with each other,
but, when tee ono bad not only the eon-
adentlel councils Of the other, but a
known and rititormiteet enemy h o ld.
tog his peeltion egainst hie own•-
pronounced couviction of eausatu- I
Ilona! right and dote. Ile be
- lievod that It woo part of O great organ
sized plan to get eel, of tho 'Executive,
nd to Inyeet Congress svitti all the low
ers of the Government. It wee th• ex
ecution of a great nil determined pur
pose to subvert end overthrew the Con
stitution, and to destroy all tho conalitu•
tional departments of the Gowen:anent
it -was the. carryingof , •
purpose long satire formed by
the most radical of the Republican
party. In proof of ibis he sent, to the
Clerk'. deter and had read the notes of a
ronvereation lie bed last 'fall with
prominent member of the Republican
Executive (iementite° of Maryland, in
which the purpose was ferediadowed of
removing Mr. Johnson nun putting in
Ids place one who would use the army
to Lorry the
Pi
dtneal election. lie
had no doubt this conspiracy would be
Carried out. -
Mr. JUDD said tilt his past action Is
voting for the impeachment of Andrew
Johneon had met with the appeoloatio•
of hie conntiluente, and he had just re
ceived a dispatch which jedified his pre-
posed setiou in voting forthis resolution.
• The dispsteltWee Cella fellows :
CZICAtIO. ILLINOIS, Feb. 24.
If.. W. At).' Judd:—The Republican
Preis and party of the city of Chlatgo
uonoinenuely demand the impeachment
of Andrew Johnson. A mare meeting in '
Belled fir to-morrow evening to glee
expronlon to t11I ): O n
e,fe. • ,
J. Chairman.
Mr. HARDING.tieId tintbit ennelitn
este had instructed bits to unite his melee
and vote with the repreeentative• of the
loVer millions In demanding the Impeach
ment of the criminal who occupied the
Preeldescy. '
Mr. fiIiANSS sold that in this coelee.
Rae lb. Home taieuld speak but use
Word, and strike but one blow, and that
tbie blow should COMm first.
Mnl STEVENS, of Pa o closed the de
, bate. lice said I agree with thous gen
, Gernert who •have, gone, before me, that
this Is a grave sulOcet - and should be
gravely treated.. It is as Important, too,
lb. high °Metal who is tbe subject ef
these
. cluirgere end It Is Important to •
nation of forty millions of people'- now
free and repel!, increasing to hund
reds of million. The official cher.
arter of the Chief of this grand
Mitten being thus •Involved,lhe charge,
If falsely made. is a cruel wrong. If, on
the other band, the misdemeanor and
4surpetienn charged egeinst hlm are
true. be Is gently of as atrocious attempts
to usurp
his tberty a s
destroy the haps
Moose of nation as were ever per
--
vented by the most detentable tyrant
who ever oppered bet fellew men. Let
s, _therefore, discum the question
In - on partisan spirit, but with
legal me-timer anti Imptridal Justice.,
The people desire no victim, sod they
will endues no usurpers. The charges,
so far as I shall dhows teem, are few
and distinct. Andrew Johnson la charg
ed with' attempting to usurp the powers
Of other branches of the government.
Irritate usurping the power to obstruct
'and regret the execution of the law,
[with mbeprieen of bribery, and in the
spen violation of the law, which de
;elate hie agile misderneaner, end sub-
Jeet him to fine and ise_prisonment, and
with removing from oaten tbe Secretary
~ of Wir during the session Of the Senate,
-hellbent the advice or consent of the
'Senate, and with vieletlen of the sixth
:section of the act *stilled "on act Teen
biting the tenure of Pee. ,
'oes," Terre
•
ha the papers referred to the
Committee, which i may conilder more
by themselves. In order to eustala im
peachment under our Constitution, I do
net hbld that It to netemary to prove a
Crime is en Indictable offense, hr any
act mahon in sr. I UPI) with the dis
tinguished gentleman from Pennsyl
vania. en the other side of the Heine, who
holds thin to bee pufely politiclal pro
ceeding. It is Intended for • a
remedy for inalfemancis In *Mee anti to
prevent • the continuance thereof. Be
yond that It le not intended es a person
al punishment for past effete's', but fer
future example: leigetchnient under
Our COI2ILiIUtIOS is very different float
impeachment under Ithe English law.
The framers of our Comnitution did not
rely for safety upon the avenging dag
ger of a Ifrutue, i . hot promised
peacefnl remedies I which ennui,:
prevent that immensity. England had
two systems of Jurisprudence, one for
the trial sad punishment of common of-
fenders, and one for tits trial of men In
higher stations, whom it was found dif
denitto convict before the ordinary trl•
Mirada. Thie latter proceeding wee by
impeachment, or by bills of
en attainder,
generally practiced 'I lfi
to punish ecial
malefactors. But this system goon din
generated into pelitiesi and per
:meal persectillen. and men were
trim], condemned and executed by
tide Court from malignant motives.
Such was the condition of the English
lawn when our Conetautlon wan (reined,
and the Convention determined to pro-
Vide againet the ahum of that high
power, so that 'revenge and Minishment
should not be indicted upon politioal or
eLIPM:en. Hence • the wholo
pnuishment was made to ceneilit in re
moval (rein office; and hills of attainder
were ' wholly prohibited. We are
to treat rhea question. thou as wholly
political, in which, if an officer of the
cloviinment abuse his treat, or attempt
to prevent It to improper purposes,
whatever may be his motive, he beetimen
eubJect to iropeacistioent and removal
from Wee., The toffee. being indicts.
We, duos not pervert !IrepesehMent, bet
it le nut nerniestry- tb sustain it. [See
Stery'm coMmeetarins on the Constitu
tion,. Madisen and Whore.] Such le the
opinion of onreletneatary "dr' tun. Nor
can Any case of latteactiment, tried In
this country, be entail .where any at
tempt wee mad* to prove the offenee In
dictable and eriminal,-
What, then.nretitetiflicial misdemean
ors of Andrew. Johnson:disci...l by
the evidence? . Onthe ed day of Macon,
, tFt,7, Coverers pasaol an act entitled "an
art reculattuo the twirler' of rwe ale :deli I
Wee, - Among other provieions It
enacted that no Weave wk.. had bevel' ,
pointed byaud su it the advice mad eau-
sent of the senate, iihould be removed
from office t the mmemat
of the Smiete, until that if daring
e awl' on a ausp.didon should be
. made far rause. ouch rinse sheinid be re
ported to the Ssinote i t btu twenty day,
After their nest meentig. If the neut.
should deem the nm''. of the allIpe•-
twee sufficient, diet the till: r sheuld be
removed and another appointed in on
dead; but if Inc Ornate ,liaald refute to
tower with the Preeident, and declare
the reasons insuiliotent, then the officer
...tended atiould irietitsrlih ratans* the
functinas of his snide and the powers of
the pereen performing ital defies should
cease. It Is especially owe Ided that the
bodetary of War ehall hole his office
dories the term of the President In
oho= he now have been appointed, aad
for one month thereafter, unless mato,
cd be and with ti• element of the Senate
no daresaid. • On the Inn of August, 155:,
during the rooms of the Senate,
the President retrieved the Secretary of
War, 'ohne term of °Mee had not
ex et red, requiring him to surrender the
with the public property, and op
piloted General 1.7. e. Grant Secreted', of
War red "turps. When Andrew John
son assumed the office of President he
trek the oath to obey the Constitution of
the United States; end to take earn that
the lawn be faitlifolly narrated. This
was a nolerun and enduring obligation.
NW can he plead eiemptlon from It, on
account of his condition at the time It
was adniinifteretl I. him. Au at
tempt to obstruct the execution of I
the low, not • Mere. OnlisalaD,
euieuating to negligence, which would
have been ei tatOrtnettior, bat a bold
,onaplraer sea •Iteplpted by him to Ipl
d taco the General ofjth• Army is old Men
in defeating
. llw , „olltßa, inn et this law,
end when he bad !!.epended the Secrete-
ry of War he appkint el General Grants
secretary ,ad interim. with tie avowedpurpose et preventing the operettas of I
thst law, if the %elite° should decide in
tutor of the Eincreetry, and he miyatitat
the General del enter Into each
e. conspiracte to old him in oletructing
tho rm.-47.w( the rS-efelally, laneWltli
tanding the Semite teldlit deeld•ln his
favor. This , Is iletnoti ey the General,
anti • qtleatlOttnflenwit,r, rather sagely
dianmed, , has or 'cif between them.
and those gentletnen scam to cetusider
thatttat ,111.111.12 ;la otie of importance
to the public. In Ode they ere mistaken.
Which is the mote et truth and which
la the man Of falsolidel, to of po more
public Importance I ban If it ore Bred
between two Wocure individuals. If
Andrew Johnston fell% the truth, then
lie is guilty of at high onicial oulade-
Meartnr, tar lit 1100 WM his effort
to prevent the. eSeetllloll - of the
laws, If the! eneral eemroanding tells
the troth, t bent ho:Preettlent Is guilty of •
high misilemead•r; for ho decleree
the same thing of the President,
denying - only libr Own complicity. No
straw:neat can make the point plaices
than the statement of the culprit, If he
and the General Mid the truth, then he
committed w Wei pedlar,' by refusing to
take rare that the laes should be duly
ex... Med. To show the itninsue sod
guilty knowledge with which this was
violated; wo have only to turn to
the; proceedingfi, of the Senate,
notifying • him of,, Ida illegal end 'Mil,
conduct, and thtin to coneidtir that he
lots since persevered in attempting to
enforce It. Indeed, tio show his utter dis
regard of the laws of his country, we
hate only to tore to hie boa Annual
Mesialge, in which he proclaimed to the
public that the laws of Congrom ere un
constitutional and not binding
no the people..! Who after that can
nay that such a man Is fit to occupy 'the
I:olseutive chair, whole duty it In to vin
dicate ooedienee and este that these very
laws are faithfully obeyed? Than the
greet beenty of the remedy and preven
tive proem' is bitterly demonetratod.
Ile I. dull and blind who rennet see its
neeemity and tee' beneficial results end
purpoees of the trial by Impose/ mint.
By the Moth section of the act refer
red to it Is, provided that every removal, appointment or ',employment made or
exercised contrary to the provisions of
this act, or that of making, sealing,
countersigning, or issuing of arty rem.
mission or letter of authority, for or In
respect to any erten appointment or em
loyment, shall I be deemed, and are
hereby declared to •be high misde
meanors, endue?. trial and conviction
thereof shall be punished by elfin* not
exceeding ten Osmium: d. dollars or by
Imprisonment pot excelling five years,
Or both, fetid punishment - is the &sere.
(lon of the Court.
Now Andrew , Johnson, en the list day
of February, 1865,, issued Isis connate
elouttry letter of authority to Lorenzo
I Thome., appointing Mtn Secretary of
War ad intertm, and commanding him
to take poseeeition of the Department of
War, and I. eject the Incumbent, E. M.
Stentoo, then in bridal poesessien of
laid office- Meru, if Ms act stood along,
'lt would be an lundenieble official roe-
demeanor per ell, but declared tobe so by
the act itself, and the party made indict
able mad punt shab)eln a criminal proceed-
ing. If Andritieblohnson ex. -tees with
bare removal from office, IX he besot'
lined and ininroemtedi In the Peniten
tlury
afterwards under Criminal pm.
ceelinge, he miry thank the weakness of
Congress and not hi. own innocence.
We .boll propose to prove in the trial '
that Andrew Johnson was guilty of me-
I preen of bribery, by otTerlng to General
I Grant, if he would enter with him to his
lassies violeaer, to assume in his steed
the penalties and to endure the impriso
I onment prescribed by the law. Bribery
le ono of the .riffenree epecifically Ono
. merated for which the President may be
Impeached sod removed from office.
By .the Constitution, article second,
, median eviction', the President has power
Ito uominne, end by, and with the ad
vice and consent of the Senate to see
' point all officers of tho United sham
who,e appointments are not therein
otherwise provided for, and which shall
bo eetablished by law, and fill all cacao-
I des that may happen during tile recess
of the Senate,by granting (=millstone,
which shall expire at the end of their
t next million. No where, either In
the Comattetlon or by statute, has
the President power to create • raceme
during the rememof the Senate, and fill
It without the. advice endowment of the
Senate ' ond yet the 2lst day' of Feb
ruary' 1849, while the Senate wee in em
the
he notified the head of tbsoWee ,
Department the. he vrea•removed from'
Wilco, end Lie, ancerseer ad intertm ap- '
ponied. Mere Is a plain recorded I
violaton - of the Constitution and laws,
which, If it stood alone, Mould mamas
very honest end intelligent man give lila
vote for Impeachment. •
Tho Preaident had persevered in Ms
lawleam counte through a long series of
unJustilieble'aete. When the nog:tiled
ConfederateStatie of America were cons
quered and Ihmitleld down their arms,.
find surrendered theirterritory' to the
cl a restece ...tire or the Orivemmtmt, the
I country
i ~
belonged to Congress alone, according to
weary principle of the-law of nations.
Neither the Executive-. nor the Ju
diciary had any rtgbt to interfiire with
It except so far as. wan necessary
to control it by the military, or until the'
sovereign power of the nation had pros
yided Mr Its. civil adtninintration.
power put Congrens had any right to
nay whther or when they should be ad
nutted Io the Union no atatea, and
entitled to the privilege , . of the Constl -
lotion Of the Unbind buttes. Anal yet
AndrovJohnaon, with unblushing hardi
hood, rertook to , role them, by hie
own po er alone - load them into full
commu ion with the Union, direct
them what governments to enact and
chat cOnstittitioile to adopt. and send
represetitativen to Congress according to
his histructione. When admonished by
tremens act of Congress, more than once.
repeatedly, he disreg - arded the warning
and Icolitiuned his lawless usurpations.
He has ' , niece been kuMen to lures ob
struete4 the rat of tholes
governments by the authority of Con
grese, and ban advised the inhabitants to
resist the legislation of Congress. In
my Judgment his condect with regard to
that. trunnution was a high handed m—
aul:option of poseer,which long ago ought
to have , brought him to impeachment
and Erbil, and to have removed him from
his position of great mischief. Be ban
been lucky in thus far temp.
trig through false logic, false law,
but his other acts, which will on the
trial be 'hewn to he atrocious, are open
evidence of ills wicked determiluition to
subvert the laws of his country. I tract
when all come to vote upon thii ques
tion we shell remember, that although
it is the duty of the President to set
that the laws be exstrated, the sovereign
power Of the natitie rente on Congress,
who have been ',Meal around the Execu
tion Mansion to defend lan right
and, as • watchmen, to before bin
obedient to the laws and Constitution.
Ilia oath is tcompelo obey th "him to do it. io All e Constitutn, and
our duly to it
trnllerkaOtn .0111,..at10n, heavier than
was ever assumed by moral ruler+. We
aro to protect or destroy the liberty and
!tapping'ss of a mighty people, and take
care that they progress In civilisation
and defend themselves azalea t every
kind of tyranny. AR we deal wth the
first greatpolifical malefactor, so ,
'nil be
the resnit of star PiDrt..l to perpetuate the
happiness and good government of the
human race. 'The God of our fathers,
who, lonplred them with the thought of
univer‘al freedom. will hold um respon
sible for the noble institutions which
they lirojeCted and expected no to carry
out. This ie not to be the temporary
triumph of a political party. but is to en
dure in its consequences until this whole
continent shall be filled w a free, un•
trammelled' people, or ithal ith l
be a nest of
ehrinking, cowardly eleven.
Tbeieatilng oft he speech wanconcinded
at two!unnutss before tl re o'clock.
the Ilene° then proceeded amid great
but euimrelised excitement to voteon the
resole Itin,:ite follows:
•...12esotred,.That And rew/ohnson,Pww
ideal Of the United State, bei.impeutied
of high crimes end misdemeanors."
During the vote gams , " were undo for
the abeenre of Hamm Itobinnon, Benja
min, Wash mune and Williams, and Van
Hern,!of Nliwo.url, - Trlmble, of Tonnes
eon, Pmeroy, Donnelly, liloonts, May
nanl and Shollabarger.
Ti °Speaker salted that be could not
consett that Ws conntiteents ehould be
dent .n SO grave an occasion. There
fore. as a Member of the Hone, he voted
aye.
The:voto rusultod—Seas 153. Nays 47,
en follows :
ries.
Alllsee, Crrlswold, Paine,
Ames.; -. Maisel, Nittll.oli,
'seder's's, . Manisa', Peters,
Arnell, Eller), Pat..
.Odor,
1
0 0. ) . }ll Kon er, P l i a l n
ts,
ilatle}l,, f linpklns. Poland,
8atedn u ,,,,.,..d" f In.)Pal•lOY•
Itaidwin, 14 erased 111 V .Prlcs,
Bangs, ilurlburd, P.sulre.
Ireernan. Hunter. Kobertaos,
Peett}, Ingersoll. Sawyer.
Penton, Jencks. Schenca.
Bingham, Judd. behoteld,
throne, Julian. Seel eye,
Blair,; , ' Kelly, streets, •
',nut well. Reiser, Smith.
Ila °wowed!, .letehare, opelding,
Drooshall, • hatch., Stark ll .weather
'Scotland, Latin. - Siemens, Cl. .
Kotler, ' Lawrence (Postevena, Pa..
Colrel • Lawrence (o.lstokes.
Clll.Ollll. Lincoln , Tire.
Clare, (Kll.)Loar, MOW'.
Cllko,(0.)' Lefai, -•-• Trowbridge,
COOO.l LOuglltid {o, Twiteliell,
oburn,
Can Lynee, Doe.
Mailer}, Van Parnam.
Carvell,Mars.. Van Morn. rf .7
Coreale, alleCertey, Van Wyeir, ..
tonne, MeLinrg, Ward.
Dawes, liereur, Washborne.W.
Dodge, Miller, Washburne,lll
Drligs. Moore. Wastitearne, AC
Kerrie}, Moorhead. Welter,
Egglestas, Morrill, SY dime.. Pa.
Elliott. Malls., Wilson, lows.
Ferneworth. • Myers, Wilson. Ohl.
Farr* Ilearcornb, W Liston, Pa.
Fen}, None. Windew
Fields, . twieut, Vroodlbrl ' dge,
Orabelly, OM . .
And 1.110 drosidrer—lO.S.
-- -- -
Adams, 4rover. N iblaak,
Archer, Haight.- Nicholson,
Aztell, Holman. Ehelphe, '
Wt nee. liotebkies. Prays,.
Barnum, Hubbard (ConNbord•ll,
Here, Humphrey, Soso,
Hoyle, ... Johnson. ditgnerves,
Brooke. • Joues, Stewart,
Barr, K :Stone,
Carey, Escorerr,
t, . Taber,
Chandler, Harebell, . Trimble, (By)
Eldridge, . McCormick, Van sass..
sox; Mcgullimgh, Van Trump,
lied. ' Morgan, Wood,
tilocibrenner, Siorrierey, Woodward-4.7
Geniality. Masson,
Tits armeancenient of the remit elicit-,
ed ;so manifestation, but the. lumense
audience, which had filled the galleries
and corridors all the day, gradually
partied till it WAS reduced lees than one
worth of Its original number.
11. r. STRV INS, of lows, moved to re
consider the vote by which the resolu
tion was agreed to, and also moved to
• lavi Abe motion to reconsider on the
'table. The latter motion was agreed to,
thel parliamentary male of making a de
cis on final.
11r. STEYERS;,of Penn.:eh - ImM, then
mated the following resolutions:
Resolved; That a committee of two
be appointed to go the Senate, and at ate
bat thereof, in the name of the Rouse of
Representatives and of all the pdople of
tht United States, to impeach Andrew
Joion. ' n Praddent of the United States,
of ' high crimes and . misdemeanors
in p ence, and acquaint the Senate that the
house , of Reprmentattees will do due
tithe exhibit particular articles of im
peeachment against him 'and make good
th name, and that the Committee do de
mand that the Senate take order for. the
aPpeartnice of maid Andrew JelnWon to
answer said impeachment p
Pesolved, That a committee of seven
het appointed to prepare and report arti
cleaa of impeachment against Andrew
Jilallll6oo, Preehlentef the United Staten,
with power. to send tor persons, papers
and records, and to taketeatimonyuuder
oath.
Th. Demecratio members attempted to
resort to tilllbustertng, but were cut oll;
after an ineffectual effort, by a motion to
suspend the rules, ao as to bring the
Rouse Immediately to a vote on the ma
hatmas.
IThe rules ware enspended, and the.
resolutions were adoted—yeas, one
imam" and . twenty- four, nays forty-
tyro.
The SPEAKER then announced the 1
two committee; as follows:
'Committee of two to announce to the
Senate the notion of the llouno--Itiesere.
Stevens, of Pennsylvania, and Bingham,
Of Ohl;
I Committee 'of seven to prepare arti
:dee of impeachment - Messrs. Boutwell,
Alassachunotte, SIeVOUS, Pthneylvania,
Bingham, Ohio, Wilson, lowa, Logan,
Illinoinjullan, Indian; and Ward New
Toth.
The House the; at twenty minutes
pmt elm o'clock, adjourned, with the fol
lowing letter, which was cent by the
Pronident to Secretary Stanton and
erhich ha s not heretofore been published:
I Executive Mansion, Washington, Feb.
Zat—Birt By virtue of the power and
authority vented In me, all Preeident, by
the Constitution and laws of the United
State; you are hereby removed from the
Warof Secreta of the Department of
War and• your functions as such will
',terminate upon the receipt of this ea:m
ien:Gentian. You will transfer to Brevet
'.Motor General Lorene: Thom.; Adtil- -
;tant General or the Army, who this' day
ken been authorized and empowered to
lact no Secretary of War ad mterini, all
're cards, books:, papers and other public
"property now , to your custody aid.
;charge. Itaspcaltully, yours,
AIVDIUSIV JOESSON.
To the How. E. 11. ISTANTeN, WWlbltig
. ; ton, D. C.
1:IT! =1:1=
[By Talogroplt to the CltUenrea titontte.l :
Do]xmc, Fob. 21.—A fire on Center
street, last night, destroyed tteenty•font
-stores and
mostly loss 550,C00. The
buildings were frame and .duin
surod. The stook In the store. was in
sured for 120.000.; -Among the suffered
ad Koch Bras., L.Herlemlua, Hayes,
J.Floarlimaa, - Loni Kock. Allatrend A
Graf, W. Daimon, S. H. Shyraees, A.
Straus., P. Ploomtb4d,. D. Laud A Co.
—The Clarksburg .TleCh says Mr.
Perry H. Ralf, of mast chatty .
WM run
ever by the train els We g• atlas .H.
2
A 0. B. It., scrim glrareVreek, peer
'..ltrldgeport. and It letup • - . bed a
litle too freely, end lei - and
a m -.
proceeded as bras the hwent
t• sleep. Ho was tortibli .. ',sod
lii•d. to • /try short amt. - • - . 2 . - 4
i'
EIPTION.
FROM WASHINGTON,
Message from the President
He Attempts to Justi'fy.His Remo=
va 1 of Secretary Stanton,
(By Tales meta to Me liittmarge Duals.)
Weedier/lON, Feb. et, 1888.
The Presidenttaday sent to the Senate
the following. message, whichwas read iii
secret session; laid en the table, and or
dered to be printed. The Senate reuse:
ed from it the injunction of meresy. '-
To the Senate of the 'United elates:
I bays received-iv copy of the resole
doe adopted by the Senate on .. .hee Mat
instant, as follows :
Whereas, The Searate have reoeayed
and considered the communication of the
President, stating that be had removed,
Edwin M. Stanton, Secretary of War„;
and bee designated the Adjatent General
of the Army to act as Secretary of War
art interim, therefore, :
..flooolced, by the Senate of the United
States, that under the !Com:Mahn and
lows of the United Staten the Preselent
.has no power to remove the Secretary of
War, end dmignate any other officer to
perform the dame ofthat °files ad In
terim."
This resolution le confined to the
power of the President Co remove the
• Secretary- of War, and to dedgnate
enother officer to perform the duties of
the office ad intertm, and by its printa
ble is made expressly applicable te the
removal of Mr. Stanton, and the desig
nation to act ad iatcrie of the Adjutant
General of the Army. Without, there
fore, attempting to discuss the general
power of removal as to tall officer,,
upon which subject no expression of
opinion in in the resolution,
I shell confine myself to the question 114
thus limited, thin power to remove the
Secretary of War.-
.1t is declared in the resolution "that
under the Constitution and taws of the
United States the Preeidenthas no power
to remove the Secretary of War and
iluignete any other officer te perform
the duties of that office ad interim." AN
to the question of power under the Con
stitution, I do not .;propose at pees
cent, to enter upon its diamenion.
The uniform practice from the begin.
uiug of the government, es Vital:dished
by every President who has exercised
the office, and the decisions of ' the Su
preme Court ofthe United Statile, have
settled the question in : fuer of the power
of the President te remove' all oaken',
exceptine a ems holding appointments
of a judicial character. No, practice
or any decision has ever excepted
a Secretary of War from the general
power of the President to make remov
ing from office. it is only nenesary then
that I should refer to' the power of the
Executive tinder the law. of the United
Stuen to remove from offin the Secreta
ry of War.
The resolution denies that under these
laws this power bast any existence. In
other words, it affirms that! no each
authority is recognized or given by the
statutes of the eountry. Wbat then are
the taws of the United States-which deny
the President the power to remove that
officer? I know -but two laws which
hear upon this question. The first in
enter of time in toe Act of August Db.
17-ri, creating the Department of
War, which, after providing for a
Secretary us its principal officer, pro
ceeds as follows:
SIMMoIe 2. That there shall be in the
wild Department an inferior officer, to be
enpointsd by the said principal officer,
to be employed therein as he shall deem
i roper. 2nd to be called chief clerk in
tee Department of War, and who, when
ever the mid principal °nicer shall be re
moved from office De the President of
the United States, or m any other case of
yammer, shall, during such vacancy,
hove the charge and ,custody of all rec_
gird., books and pipers pertaining to the
said Department.
It Is clear that this act, passed by a
Congress, many of whose members-ou
ticipate, 1 he the formation of the Omni.
tenon, so far from denying the-power of
the President to remove the Secretary of
War. recognize* it aielaleiting in the Ex
ecutive alone, without the concurrence
of the Senate, Or at any other depart
. moot <if thefievernment. Farthermore,
this act does not purport to confer the
power by legialstaye authority, nor in
fact was thereany ether existing legis
lation throilifi which It was bestowed
upon the Executive. The reCeddifind Of
the power by this act is therefore com
plete, us a rex:unit:nu under the Consti
tution itself, for there was no other
source or authority from which it could
derived. •
The -other act, which . refers to this
queetion, is that regulating the tenure of
ertein civil offices; paned by Congress
methe second day. et Marc.b, - 1867. The
first section of that act is in the following
womb,:
That every person holdirig any civil
oiliest° which he has been appointed, by
acid with the advice and consent of
Senate, and tiny person who shall here
after be appointee to any each office and
shell become duly, qualified -to act there
in, is and Wien be entitled to hold office
until a successor shill have been in like
manner appointed', and-duly qualified,
except as herein; otherwise preidded;
provided that then See — rotary of State, or
Treasury, of War. of fine frOle of
toe Interior, -the; Postmaster General,
and the Attorney General, shall hold
their 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 outwit of the
Senate."
The fourth section of the name act re
stricts the test of Office to the limit pre
scribed by the law ereatiedi them. That
part of the first union . . which precedes
the prove., declares that livery parson
holding a civil office, to which he has
been Cr may be appointed by and with
the advice add eminent of the Senate,
shall hold such office until a successor
ahall have been in like mauanergappoint
egl. It purports to take from the RXISCIts
tire, during the .fixed time artablianed
for the tenure of °Moe, the independent
power, of removal, and to require
for guilt removal the concurrent action
of toll Psesident and the Senate. The
prOvieo that follows proceeds to fix the
term Of office of the general beads of
departments, whose term never bad
been defined before, by prescribing that
they shall hold their, oaks respectfully
far and during Abe term of the Presi
dent b,y whom they- may hue been ap
pointed, and for ones month,. them.
after, eubject to removal by and
with the advice and consent of
the Senate. iThus, as td these
enumerated officers, the proviso take.
from the Preeldent ohs power of removal,
except with the 'advice and consent' of
the Senate.. Bylte terms, however. be
fore he can bet depriVed of the pewee to
glinplace them, it must appear that he
himself has appointed them. It Is
only in that ease they hove any tenure
of office, or any independent Tithti to
hold during the term of the President
and one month after the unladen of him
official fruntions. The proviso., Munn ,
' fore, gives no tenure of office to any one
, of these officers, who has been appointed
by the President, beyond one month af
t ter the accession of his successor.
In the curse of Mr. -Stanton, the only
I appointment under Which be beide the
office of Secretary of War was that don
furred upon hinsly my immediate pre
cocenor, with the advice and consent of
the Senate. Be has never held from me
any appointment as the head of the War
Departaient Whatever right halted to
hold the office was derived from that
original appointment and -my own gut
femme°. The law was not intended to
protect such en Incumbent of the -War
Department, by taking from the lewd
deut the power le remove him. Thus, in
my judgment, ie perfectly clear
and the law . itself admits of
no other constriretica. We find In all
thst portion of the first • aeetien which
precedes the proviso, that u to civil et
deers
ramoV
generally the President 1. depriV
ed of the of
no n proviso
ta
plain that If there had been els
no dd proviso
that power would jest ea clearly have
been taken from him so hr as it applies
to the coven heads of departments. But
for rumps, which were pa
.doubt . satisfactory to . Congress,
these principal 'officers were specially
provided for, end ea' to them the ;
express and only requirement's that the
President who has appointed them shall
no.: without: the futrice, and consent of
the Senate, mmoyethemftonsofffes. The
consequence le that as to My Cabinet
embracing the officers &situated in the
'lst section of the act, takes from me the
rent without the etrecurrends of the
F! one of them I
have appo W inter b l ut a n y does not protect
l eech of them aa'
;any not appoluts . • 6l I
C r % ta my 0
..teLtiressiZAllonoe
of this act, then, shows that while in ens
inett, of the metionproeislon Is made for
, offtherigglienlly, in another clause there
is edam of Officers designated by their,
. o fficial title., who
,are exentred fromtle
, . .
C,
. .
general term, of the law, and In refer te
. nueof the e highest character, learneetly
sue° to whom a clear dealt:len= FM, the l ti of the San
est &gaunt reso to on
mede es to the general power of mineral e which charges me, in what I have
limited In the feet clause of the section. on ne, nith• violation or th e Cr"editn.
This distinction en, that as torrach ofth elon and laws of the United. States.
enumerated ornate as hold office under ie iii PSlgn nd -ei
the appointment of the President, the le Aernattw'Jodee..eacia,
aerneorcier, Feb'.
power of removal am only bie exercised e , elm San as' ertnneselle•
by bin: with the consent. of the Sens* e. The New York Henside eoreesiodolont
' while as to those who hairs not been afe ne • • , .1
pointed by him there is nolike denial of hewn the renewing as the monein...en •
his powerto displace them. It would • • en' Interview , with Adentarre General_
violation of the plain meaning of • ne e ,. ; . • • • -
enactment to place Mr. Stanton u• • • P
tel teen. Tbomu said. "1 shell go down
this footing, as these ;herds of' depot
in War Department at Use ertual hour.
_menu have been apPebitcd myself. Ve Secretary of War ad infer& to all in
-..es to him this law give. him no ten • • -
Tatum purposes, wi th out any reserve
oMce. The members of my Cabinet, p ion a er doubt that my powers meant are
who have been appointed by me are by . be
pe r fectl Is tlmata u wen those .of
this act entitled to hold for. en •
month after the term of my of. iFenlrel "rent,. en= en
lice obeli awe, hot Mr. Stante• inewt et the De l enneent • ba ns ' ord er. in
'could not, aminst the wishes •of m Ott name of the President, sly° instreee
'Bons to subordinate ofeceni, and direct
'ant:censor, hold a moment teenialler. f
Ilho genera l work 0 the Department. Of
he were permitted. by that sucrose. • ebe _ uapleauntfat me
hold for the fiat two wake, would th , iln"1"•" will fiery
'to and offlcers there who may
tie or•-
Rememeor have no power to remove him i e „„_,, to dieteirerd, my orders. It may
But the power of my successor over him le.."'
s ha nto be Some personal
would be no greater Si= my own. I d re Fr e
nem er my own, but Ilia= no other
my successor would have the power t. ve ts than to use the elder oonfeired
remove Mr. Stanton alter permitting
him to remain n term of two weeks
..ir re" t rin y re me, and order them Under Meese If
rem to obey the Legitimate au
betrectse he
as
. appointed by
his predecessor, 1, who have toter
. e
ated Mr. Stanton no more then .But whaleboat the great Mogul him
self f halltiaton to be left sererely alone?
two e
right rem m oy rtai e sin h ru e pen . Lb . ' nada the nneetion." •
.1.: "Ile has already refused to vacate, and.
same ground, namely, that he was note.
pointedby me, but by my predecessor. suppose he
willPendet RI. •r•theniti
Under this colustruction of tee Tenure , Da my own option I should decline in
Oftlee act, I have never doubted my pow- Dec fmree;brt_if President_ chi .
or to remove him. - Whether the act was me to enllnea mr° l 9 l 7. nere.?... 1 . 1°., •
constitutional or not, it was] always my e hanthe e - w er it aie th r fdtth t en: r an d : 4l nel .. n n o te a T t e e r i.
opinion that Lt did not secure him from '• shall
removal. I wee aware tint there were /his disagreeable badness b e fore Imy
doubts as to the construction of the law ;whet Isbell do."'
and from the first _deemed it desirable i -nersamlaw wren irreirrod.
that [it the earlleat tenable moment In an interview' irlth Secretary Stan
these doubts should he settled, and the On by the same orarespendeqe-the for- .
true construction or the act fixed by a 'titer stated be had not isaued_say order
declsfen of the SupremeeCourt of the ee p re v e nt G en e r ie reee
eee e entering the .
United States. My order of :suspension War Department. Re also sated it wam
in August last was Intended to plane= impossible for Ida to state whet eaten
eau: to such a position as would make would take If Thomas Insisted on sa
resort to a Judicial declaim both nee- 'owning the duties of the WiO Depart
emery and proper. My undenstendin • merit kilo action will depend altogether
and wiehes, however under that order :,on.th• movements of Gen. Thinned(
of muspenion, were 'frustrated, and the
Claaols anal! Tsui matetTILIO Ett
lets order for Mr. Stantonet removal was . DOSSING COXIIIILIDL
a further step towards the accompliah. , •
went of that purpose. •
The same correspondent ie Informed
. - • t • that numerous dispatches' ime been re ,
• I repeat that my own convicuon as lei ceived from the Grand Army of the Re _
the true constrection of the law, and see public a secret military ormadeation,
to the conetitutlonality, were well est-lo with pate established in all parts of the
sled and were =stained by every mom-1
; country. endorsing the action of Com
ber of.my Cabine including Der. Stan
gams. The green/ tenor of those
. •
doS
ton himself.. Upon the question of cone patches ts, tnat the members of the
stautionality each one in turn d
.Grand Army of the Republic will. net
Itherately advised me that the tenure' Coneresemertkrewn, and iferielento
of =lee set was unconstitutional in used In ejecting 1 ,,,, enntint. ., 3
are -
Upon the question whether OS DD': ready to come and put him back. The
thine menthe. who w ar°e PF eint ' 4 ' order Is reported In • greet state of ax
ed by me p predecessor, that' an tool 4:
citement, and is maminottely resolved
from me the power to remove them, thew, to take aides with the policy of Congilela
members empbaticelle, in rneeenee ete and defend It In all ita =names If alt
the others Munnin the Cabinet, said; fai r.
brought,. inch am e x t »m it y. . _
that they did not come within the pro;;
visions of the ace, and that it was no peon - in•earrten D aLCLITia TO AID ens rant
toction to them. No one dissented frond,' DDSS..
this construction, and I underetootßi The 1111 thile of Mei7lendlee••Pro ffe r ed
mllltary
them all aczoniesce l in itse; their services 000_r the President, - o r.a Pro d ro e lo t. lo i .t
correctness lln a matter,of ch armee
en •
inmoce I was not disposed to„ rest mP ported, and this apart is given color of
own op* 'was. though fortified: by truth from the prase:ice of Screened
Censtaftl ' onte -1 adytnere. I have therefore , awDnu. Mro7 11 . 110 : 1 , who ben bad an
sought to beteg' the question at as early if Interview with the President. •
day as possible before the !Supreme: _ • THDQI3O
,WDIUSANTO. •
Court of the United Suttee for final and It is supposed : the application fora
author:rave decision. f- writ, directed arsine Mr. Stanton, to
is respect to so much of the re:elution!, show cause Why he retams
am relate. to the demetistion of an °Meet the War Departing:et, win =sgillgi
to act as Secretory of War ed interim, t me m,,
have only to my I have exorcised thl.f
menucermet or i x& .s - wrste,
power under the provisions of the firs
section of the • Act of February lathe The Senate referred the nomlnition 0f
1795, which, BO far es they are applicable; Tlso e rnas Ewing as. .„irentar_lerl' Atrare. or War to
to vacancy caused by removals, I unit the locamatee,elannttery
derstand them to be still forage
Tee legislation upon the subject 4
-
ad interim appointments .in Sae
e 1
Departments darns se to tin'
War once se follows. Thesection of thhl
act of the 7th of August, 1789, made
provision for a recency in_the ve r y essh
of a removal of the head of the WarDOI
pertinent, and upon each a racancl:
the charge and custody of the record
books and papers to the Chief der
Next by tae --act act of the Bthi
of May, 11792, section eight. It to
provided that in case of =cane*
wesaioned iby death, absence from thie
seat of Gove rnment, n of sickness of t=
head of the War Department, the Prod,
dont may authorize a person to perform
the duties of the office until a sumee'l
is appointed, or the disability removed.
The act, it will be observed, does not
fee the moo of a vacancy
removal. Then by the first antion of tie:
yet of February 13th, 1795, it le provided
that In case of any vacancy the
!'resident may appoint apemen to pee:
form the duties while the =can= eg.
lets These are followed' by that of tee
211th of February, 1863, by the first eat
then of .whicti provision is again made
for a vacancy caused by death, reside
tion, absence from the seat of goy
moat, or sickness of the head of ere en
eccol ye department, and uponthe malt
mace Mauch a vacancy. power is givym
to the I remittent to authorM•
the head I of any other executive
department, or other °Mare in cite=
of said depart= eta, whose appoinureent
in vested in the ' President, at hie death
lion to perform the duties of said respfe.
tive atom until a successor to appoint+
ed, or such absence or inability kiy
sickness shall come; provided, that no
JOB vacancy =MI be supplied ila
the =mime aforesaid for a longer
period than six months. This law with
some modificetions, re-enacts th el het
of 1797, land provides, as did that
act, - for the sort of vacancies to
tilled; but, like the act of 1792, it malt=
no provision for a vacancy occult:died
' by removal. It bee_reference altogether
to vacancies anal ne• from other canna
According to my coustruetton of thelliet.
of 1863, while It implicitly repeals:Rte
:act of 17$4,regulatiog the :meaner
therein described, it has no bearing w
ever on No much of the actof 1795 'Op- .
piles to I recency caused by remelted.
The act of 1795 therefore furnishes' the
rule for I a recency occasioned b y.
1 removal, one ot the vaeancies exprinely
referred to In the' set or 7th of "Vas
11789 • creating the Department of ex
Certainly there is no express .repeiriby
Use act of 1863 of the act of 1795. ..fhteme
peal, if there is any, Is by inipßeathl l 4,
and can only be admitted so far aa there
his a clear intopelstency between 'e.=
t= rent - The act of 1790 ht !dil
-1 consistent with that of 1863, ad :to
a yeeancy occasioned by death, reigns.
lion, absence or sickness; but not It all
inconsistent as to a vacancy canoed by
removal. Itts assuredly proper thafthe
President should have the same power
to rill temporarily a vacancy or:castle:led
by removal, as he has to supply a tiace
made vantaby death , or expiration - 11M a
term. ll', for Smetana, the incumbent of
an office should be' found wholly ieinet
to execute the (auctions, and the rinblia
serene [Mould retina , hie imatediate ex
pulsioei a remedy shouldexist and Es at
once applied, and time ,be allowed - et=
Preeldent tonolect and appoint anaPae
ser, 'as is permitted in case a
vacancy catned by death ,ert!
We
termination of an elder lean
The necessity therefore for an', ad idarelS
appointment is just as great, end *teed
may be greater, in cases of anneal
than In others. Belbre it be held, there
forae, that, the power given bys the ea of
1795, in cases of removal, is abtogahiel by
succeeding legislation; an ere:does
repeal ought to appear. So Wholdoome
a power should certainly noel be
taken away by tome implimations.
It may be, however, . MAR In
fhb, as in other eases
I so implied *peal,
doubts may ariSe. it s tonfesseeW one
of the • subtlest debatable rineollorue
which arise 'in - the construction orstat
utes upon such a question. If linsive
fallen into ani erroneous 'conatroletion,
I submit - whetter it alioulife be
characterized as e a ykdatione of
allele' duty and of law. 1:
Inayedeenuel It proPer,invindieation
of the course which I have conefelered
it my duty to take, to place . befalls the
Senate the reasons upon which
I hays bead my petr/nee al
though . I have been tectvead
by every member of my Cibinet ,
that the entire tenure =lnset is decon
oultutionae and therefore void, Mel al-
Weigh I have eXPttm/F eenoriDiad :in
the veto message which I bad thefitettor
to submit to Congress, when I refftrned
Me bill foe considerat ton, I have refraln
tel from - making a removal Of any
°Meer cannery to e oehrions
of the law, and have only th
Mere gilded that
power In the ease of Mr. Statiton e nbietre
M. my judgment, did not anteXtbin
its . provisions. l have Mules dto
iproceed with the greatest eireatespeoe
on, and have tined Only, l / 3 sitiePreme
aad'exceptionsicasee I auerelly i eellow.
the =use which I have markedefin for
myself as n general rule,faithfaleilto ex
ecute all laws, though pasearceter !fly
oteecitens on the seers' of constlntional-
Ity. In the mown instance I Ines sp.
waled, or sought to impan e l° Sea eirisi.
arbitrer flied by the tOdatitutiode for the
determination of allow* guanines. To
this conies I have been basllliby, the,
solemn :obligations w upon
me to sustain Inviolate tho ipmeert.
of the high nem commttted to ll'fy bind.
Whatever be the consequennienMerelyl
personal to my elf, r could nor allow
ahem to prevail against a publleany so
clear to my own mind and imineitexateres
and' U. what was point= ba4
certain. MX had. been, Dolly [idelind I
when 1. - removed Mr. Stanton,e that In
then =Reuling theleugnammlteeidtony,
handetnyOWnraMontl WasenreferelloW, -
Inelld netbave hentated. fly Intulitinae
. .
. .. . l', : . .
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MEd
.Sl3Var Winn . L.
lintrinsta IND INTIMUAY.
Wyedna,
111011 Isbometteg menu tosther.
:,`.o.llZalleeeele.lefortlteers lor2titali.ale,l •
Tel=lteselas /Mier ler the
cart t.unu7t...rnl :11Zr,
as ite.] yettetheparts Max trf err Mar
Tareest. *aghast.' leeeetemt
iisiss rearm Twit eiLierrai. _
" .
of uta.
tnb of it
.11 of poor te pans Wiles
s.b• Nib, UMW= to ales onn loodie *
aaa haus, at slab i*** , , •
?firma To oblatake roar
to me sat *p**lti Ton
.01. a. manses • Waltmelsy•dlttlmfir
ofthernbants bat as mall • .sat. • - •
Z**7 by Draft, ?arra.. MostiCh.dol•
•i M* sitlstaredLettm;asyb**n t*%.l.to
V • • rirtnallltall.• Paaa
ZIIROPEI
Ei23
=:!X==l
ri=
DI SORDZILLT lICENZ IN TZIII/TXXCE LTA.
ISLAITVNIODT.
LONDON, February 24.—A. remarkable
scene occurred at the but •seaesion of the
French Legislative body. The chamber
was engaged in tbe &amnion of the -
bill for the regulation 'of the • press,
when Mr. Merin, of the Steele, rose and
said he had a document whi be
wished to read to the .members. I ch t was
the judgment of the-Court exonerating
himself and if. °nevelt from &erase
brought against them by the Govern- .
ment. The Preeldent interrupted Mr.
Ravin and refused to allow Man to pro
ceed. Mr. Karin insisted on reading
the document. Mock disorderand oon
fardon followed, whereupon the Prost
dent declared the sitting-for the day din-
solved. The Government members then
retired. The Liberals remained, loudly
protesting aaralnet the arbitrary action' I
of the Presient. Thwere finally
palled from d the building by the °facers '
and the gas .extlngnlehed.
=
wal7l ..-4)a Astarte - I , Ifebraart:3o & at the
Mercy lloepltat. 4011.11 S..WAJLDE, Vath
less et We 14,.
ranirrsl.4ll leave W CaUsielfalPfeeeed
to 11117'. Cenit•sy. 8211100STMI, at kalf-
past alas Weleek. " • •
oLIIffUITSTJIL Beads" sa , 'aim let , IS.
o'elecig. at the easldente of his
r. G. licantelt. se. Soho hrlev. alter . a {SOTS
.111.50 a, Mr. HUEY OLNHAUIIOI.. to see
of II ream 'wrath, sad IS day.
The faaeral .111 ate plass 8550
at 1 e•eleolh tram the at era plus:
- WAIGHT.-082 Yes jay merstag, Neb. Mt, at
10 e'el.k. ai tee randleal.• of Ms meths,
It
882 Wstsltt, saner of Leo: an* rrsaktta
streets, ALBEET f, la the MA year,
of Me NV ,
Nett. of Mimi bereaftef. •
aNSCHIrrZ—o. af,,,c11:30 Weloeh-:
IN 31 St his - late nsnes. o. aahltrell
Whet: Capt. (noses. &
• Due settee of (aural heteetter.
VIA Y 4-111
N TEVr-AGIGHTIL-4 1 . 1 .1
ftsr.Csavawrs, "StZ lIISTOIIt
Or. THZ WAIL BILVWZLWTIIII 111401:11; lu
Gloss. Clmebwr.. eon tut.saA Dednalu...
Hsi. Ala zurnza E. Irmazars. /red for CU
wlars. with ulnas sal • fill Walpflos et Um
..a. SATIUNAV"PUBLIBIIIII
VITANTED.. 4 IO, O4O
A maple sant WM* wink' Mroh. [ oi , L. 7
Gni to dna+ Sin &any, l t►rM Mm. Sadao..
antiralywr, DgOtui alterable.: Can Minn
nibmon , Wanni. lortlvokala and Made.;
aatarnrtae tar ►aa►alb AdlAresa W.`lt. :
CtiiD!ZTO.iM Irsathway. New 'Tat. 'GAS • ,
XIVANTED--AGENTE4.for THE
sttrz:•rdAro wt Dist tkq lasd,
oght ase Dle4 for the tlatalu'ultbllart. , sad
boldest. I. the am.% .11•10.111 es.
aux ICO lap Istramtnts ..sad Itiss. and
iki spislut ud .Deakin Wiz book Pelltdmil. ,
I'st:obi mar MAI low colff..Tba nbllar•
114numl agalart 12.11.10 r wafts witk . sizallat
tale. Sea t/kikt the book yvibay *Wain. trek
to. •liir.wfts• goo us* to. dia
-1 Ist,s...l.thlrop JON= 1710THZU3 I CO.. MI,
wOO% .• tar
THE °IMF"
straz Awnicriori
ramia NOVILTEISW
ORA . ND PANCT C01T137413
AND auk/ meet wurrvAr,,
I '
Wailed*, 'Croats's . : Web: 25131.
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FILL nreardua or( THIS 10/1.
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LISSOX,ON. MCA
As ta. AguAsasaia .1 a zun
'gain& welitionikrats4 atioallist,
Koinvias a. Isaisatispit Ittiolmeasti.
sr. weilltqwsitlearstyll,videb "In Ibmi 14,
matsUbe itipidt,s'iallneeisergitortl4l
Nudg,lC,,neurrlilsti•Abiptimailll;___
mg 117 . '
sok 1110),,14-710144._ aptc
Z•poqutiist..].:
Li Ow 11. amid , ti• 110$1 0 WI: Pm
oisiteeoVirisk 4.l — resiNgell
Ma an be mmrarelfy,legtrtg.
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