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VOLUME • LXXXIII.
FIRST Eilllffi
cret.ocic. 2q:
PENNSYLVANIA LEGISLATURE.
' -
i t
[By Telegraph t the Pittsburgh Gazette. 3
• . . H nRISBURG, March 23, 1868.
k
(SElsiAirE.
DI LS INTRODUCED.
By Mr. ER ETI:, of Allegheny, repeal
ing the third • ction of the act Of , April
12th,,1851, relatiye to.: the_ Lewisville and
"Piospeciville Turnpike Company, and rela-
Vive to :lliteral"":"railroads in - , Alleglkeriy
A -supplement to the act establishing IL
sinking; fUnd:.
Changing ' the fiscal year to eminence
:November 139 a. ' • •
On -motifitt. of, Mr. 'WORTHINGTON, of
r - Chester was - anihOrizecilO 31-
.1
rx!ipt a cotranitt!ee of two on proper legisla
tion„,relative hi' charities of State, to act
with the :Stipe'ritdendent of Common
Schnols.
. The,Speaker appointed Mr. Worthington,.
of Chester, and Mr. Errett, of Allegheny.'
Aetreyiping,a4d consolidatinz laws regu
lating' licensing of foreign insuiitnee'coth-,
panies, recommended by commissioners to
revise tax laws. Passed finally.
BRIEF TELEGRAMS
—Generals Ilaiacock and Gordon Granger
, were before the Impeachment Managers
yesterday, and wore separately interroga
ted as to any conversations with the Presi
dent respecting military matteig. The
former- was eepecially asked the reason of
his coming to Washington by order of the
President. He stated he had previously
asked to be relieved from command of the
Fifth Military Department and to be sent to(
St. Louis to await orders; that the President
desired to converse with him on that sub
ject, and the state of atfaira in Louisiana.
The President had said nothing to him
apart from those 'matters, nor had the Pres
ident yet determined to relieve him from
his present command.
: . ..;-The boiler which supplied ; hot water to
the bath room in Thomas Cook's residence
in Cincinnati, exploded on Sunday morn
ing, causing damage. to the extent of $1,200,
' but fortunately injuring a little boy, only
slightly.
—The United States Supreme' Court yes
terday gave leave to the State of Georgia to
- serve on defendants, General Grant et al.,
notice_of..amotion for a splecial injunction,;
returnable iaivorbefore Friday.
'—,Shoemakers of Marlborough, Mass.,
' who are on a strike, on Saturday beat tol
death a man who attempted to go to Work
against their wishes.
----- =l7it - lic2tFale case goes over fill next
fall—six of the Supreme Court Judges agree
ing to the postponement and two opposing
it.
—C. Kingshmd Jr, son's bankingthouse, in
New York, was robbed of forty-five thou
sand dollars in bonds on Stinday night.
—The Atlantic R se Ball Club of New
York will make a Western tour in April,
playing first in Cincinnati for one'week.
—lnformation from Arkansas shows that
the Arkansa..4 Constitution was defeated as
the Constitution of Alabama was.
—Earthquakes continue at St. Thomas,
in the Weit Indies; also at Porto Rico, where
the shocks are reported as awful.
•
—lt is stated that the Ways
. and. Means
Committee have 'finally .determined to re
tain the two dollar tax-on whisky.
—lt was rumored yesterday that ( John C.
Breckinridgo was in New York incognito.
THE COURTS;
• I '
District Court—Judge Williams.• .
-T. B. )cung Co. vs. -Dr: H. W. C
Tweddle. ..Verdict for plaintiff for $267,12..
Andrew J.• Crow vs. Johni McClaren
Verdict for plaintiff for $174,72. . •
M. P. Adams & Bro. vs. Joseph Logan
— On trial.
United . States' District Court±Judge
Candless.
Inihe .bankruptcy brancti petitions for
final discharge were filed. by Messrs. Jen
kins,,Welsh At Co., _consisting of Andrew
. , .
Jenkins; 31:Ines lenkini,' 'George Jenkins,
Adam Jenkins, Andrew Welsh,and John
Welsh, of Monongahela city, ITashingtori
county. Petitions were also filed by Sm. - =
uel J. Bally, of Oil City, and Henry N. Con- ;
nor, of Crawford county. The usual orders.
were made. • '
Final discharges .were : granted to Wen
man Wade and Ohio Wade, of Greene
countv l and certificates awarded.
Petitions for adudication were filed by
Frank Allen, of Erie, Geo. Kleckner, of
Crawford county, and Josiah Benton, of
Venango county, , _
Quarter .esaiotuludge Mellon:
Joseph Lofink; Jr., for selling liquor
without license, was fined fifty dollars and
costs.
• Christian Bennlng was found guilty of
committing an assault and battery upon
Nicholas Knoer. Sentence deferred.
L, J. "Keuchler, dentist, of Allegheny
City, was placed on trial on an • Indictment ,
charging him with committing a rape upon
the person of Catherine Nuns. The prose
eutrix testified that in May last she went to
the Mike of the' defendant to get some of
her teeth pulled, and took chloroform, or
like substance, to produce insensibility
during the operation. Her teeth being
drawn, she paid the ddntist a dollar, and
left. Four months and a few weeks after
ward; feeling herself in a peculiar condi
tion, she consulted a midwife, who inform
ed her- what was the matter. On the 27th.
of January last her child was born. The
prosecutrix testified to her belief that the
defendant - outinged har,on the occasion of
her being at his office to get her teeth drawn,
although she stated that at ,the time she
Was not conscious of the'fad.- The case was
not concluded at adjournment.
TI3E - West India - Telegraph lines will ere
long be extended to all - the large islands, as
well as to New Grenada, and probably one
or two points• on the , Seutit'Atnerletin boast.
The agent of the biternatlonalComparfy has
applied Id tgildatitte• of laratties for
;.Permission to land the -, ettlxteable, - .and to
-*rini Rae:
iiiittgAmiSatittiAttiericitintind - PiOorkeirc ,
-4ews a week oriradre sooner than at prettent
by steamers.
iMi=EM
~-k`+ '+'~-~ ~.. _ Z '-2'. ~C _ ..an _ _.R. Ki". ~,~~:i `»L3Celcs;i„iF'.:
SERI
SECOND EDITION.
. .
and uniform practice, of each and , ! eyery
President of the- United States, ;the said
Stanton then became, and so long as he
ilibuld continue to hold the ofliee•of Sees
retary of the, Department of .Was,..must
continue to be one of • the adviit.rs or the
President of : the -- United !States, as well
as the person entrusted to act for and rep
resent the. I president, .- ntattera; . . ,en
joined .. upon ; him Sir ' on - druid:6d' 4
him i
by the Presiddnt touching
the Departmentsaforesaid;:;and ..
for
conduct - in sUbli 'I capacity, ' Subtirdf-
nate to the President,: the, Ples4lent is, ac
cording to the Constittition and laws of the
United• States, made responsible. ,- And this
respondent, further'answering,Says he sue=:
ceeded to the office of President of , the
United States on and - bv , reason- of the death.
of Abraham Lincoln, then President of the'
United States, on' the • 15th day. of April;',
1865, and
.said., Edwin M. Stanton
was, then holding, said office of •See-:
rotary,- for. the Department of War,
under and by reason of the appointmen,
and eOininiasion 'aforesaid; and not having
been removed from said office by this re
spondent, the said Edwin M. Stanton con
tiuued to_hold the same under the appoint
ment and commission aforesaid, at the
pleasure of the - President, , until the
time hereafter.
,particularly mentioned,
and at 'no - other time received " (any
(any
appointment or commission as above - de.
tailed. 'And this respondent, further answer
ing, says that on and prior Si the sth day of
August, A. D., 1867, this respondent, the
President of the United States, responsible
for the conduct of the Secretary for the De
partment of Win-, and having the constitu
tional right to resort and rely upon the.por
, . son holding that office for advice concern
[By . _ .
• mug the great public duties enjoined on - the
Telegraph to the Pittsburgh Gazette.]
...,..
~,,„- President by the Constitution and lairg of
. Wa.SniNGTON, March ha, /NIS. the United' States,. became' satisfied that
SENATE. he could not allow the said Stanton to
. .
[The first portion of the Senate proceed- i hold office as Secretary of the Department
ings failed
of War, without hazardof the publie inter
agent here stating that it could not be ob- and President - no:id - tiger - permitted- the
tamed.] ' ! President to resort to him for advice, or
Nr„Tillpii. BULL called for time reading of in the judgment of the President, be safe
thely responsible for the conduct of the Da
rutes - saying ho understood one o'clock partment of War, as by Law required, in
was the hour appointed'. -
,
, The rule was read, providing that on the the President,, thereupon, by the force of the
day set apart for the trial the Senate shall Constitution and laws of the United States,
cease executive and legislative business,: which devolve on the President the .poWer
and - duty to control the conduct of
and proceed to the trial of impeachment. :.the'' ,business of the Executive Do-
Mr. EDMUNDS called attention to a sub- partment of the Government and
sequent order introduced by Mr. Howard, i by reason of the constitutional duty of
of the Committee of seven, adjourning the the President to take etre that the laws be
Court until one - o'clock to-day. This, hey faithfully executed, this - respondent , . did
said, was the day set apart for receiving the necessarily esnsider and determine the said'
answer, and not proceeding to the trial. ' Stanton ought no longer to hold said office -
Several Senators suggested to leave it to of Secretary for the. Department of War,
the decision of the Chair. , - and this respondent, by virtue of, the 'pow-
The Chair decided the rule was operative er and authority vested in him as . President
and. business must now cease. of the United States, by the Constitution
Mr. EDMUNDS respectfully appealed I and laws !af the United States, to give effect
from the decision of the Chair.. -. : - to such his decision and determination, did,
The Chair announced the question to be oil the sth-day of August, A. D.' 1,567, ad
. "shall the dee:igen of the Chair stand as the dneststiathe said Stanton a note, of which
judgment 'of the Senate?" but - at the sit a . the following is true coPyi '
gestion of Mn , 'Trumbull, Ur. Eduaun • "S'ir: .Pnblic considerations of a high char
withdrew the appeal, and - thoSecreta.ry-was actor constrain me to say that ourresigna
again directed.to:notify the Heim that the tie& as Secretary of War will accepted:':
Senate was ready to proceed • with the trial Tow - Web-note the said-Stanton made the
'of impeachment.. -.- ss-s-- .1: •s , . ,----- •
.fc4o*lng, .014:: , 1 .'- -•: : : ' •
~''
n., -. .
. - .Durii44keittiter)rir MT . :SW=B lardg . ) :- '....::::,--- iL: ' . -,. :1 31 / 2 /-)10Ti 0,241 4 I.
qiiietty..at - thtp,Aldisiltotir hiia teelf -.'" - Wasitisurreiv, .: mg. Ith, 1867.
the Managers' table. • Sin: Your note
ro of, this day has been re-
At ,
one o'clock the President pro. tent. va- ceived, stating that "public considerations
sated the chair. , '„ „ of a igh character" constrain .you to say
The Chief Justice called the Senate to that' - my resignation as Secretary of War
order. i will be accepted. In reply I have the lion-
The Sergeant-at-Arms made the usual or to - say that public considerations of a
proclamation, ;commanding silence, where- high character, wide]] alone induce me to
upon the Managers'appearel at the door. continue at the head of this Department,
The Sergeant-at-Arms annonneed "Man- conatrain me not to resign the offic , e of See
agersof Impeachment on the - part ,
of the rotary of War before the. next meeting of
House of Representatives," and time Chief Congre r sis,
Justice said, "The Managers will take the v ery- respectfully, yours, • , ,
seats assigned to them by the Senate." EDWIN M. STANTON. -
Messrs. Bingham- and Boutwell led time This respondents as President of the Cal-
-way up the aisle and took their seats. j tee States, was thereon of opinion that
Meantime • Messrs. Stanbery, Curtis, Nel- having regard to time necessary official vela-
son, Everts and Groesbeck, counsel for the tions and duties of -the Secrete& for the
President, entered and seated themselves at i Department of War . to . the President of
their table in the order named, Mr. Stan- the United States, according to the Consti
bery occupying the extreme right. tution and laws of the United States, and
The Sergeant -at-Arms then announced having regard to the responsibility of the
the House of Representatives, and the m , em- President for time conduct of said Secretary,
hers of the House appeared, headed by Mr. ; and having regard to the paramount execu-
Washburne, on the arm othir. McPherson, , -tive authority of the office which the refs'
Clerk of the House, and took seats,outaide I pondent holds under the Constitution and
the bar.' • • I laws of the United States, it was impossi-
... . .
POUR o , cr.ocK. M.
IMPEA.CIIIIIENT TRIAL.
ASSEMBLING OF THE COURT.
Motion for Discontinuance, all
the States Not Being
Represented.
THE PRESIDET'S WEB.
PiTsidefit 'Asks
.fOr Thirty Days'
• Further Delay.
THE API'FAL REFIISM)--AYES 12,
The Cop.rt. to Meet. To-day.
TI-I.E , REPLICATION PREPARED
The Secretary of the senate then read the
minutes of the proceedings of the 13th in
stant.
Mr. Doolittle was then sworn, and
when the journal had been read,
Ilfr. DAVIS submitted a motion, that
the Constitution requiring tho Senate to be
Icomposed of two Senators from each State,
and certain States being unrefiresented,
therefore the trial of this ease be discon
tinued until all thei States are represented.
Mr. CONNT.S'S moved that the motion be
i not received, and called for the yeas and
nays. ,
Mr. HOWE moved to inquire whether
the motion was in order.
The Chief Justice read the rule, and said
Mr. Conness' motion was not in order, and
directed the Secretary to call the yeas and
nays on .Mr. Davis' motion, with the fol
lowingreiult: two to forty-nine, all present
sting in the negative except Messrs. Davis
and MeCreery. Messrs. Saulsbury and
Bayard did not vote. • • -
Mr. STANBERY thenrose and said he
and his fellow counsel had devoted every
I hour since the last day's proceedingi to pre
paring the President's answer, and regret
ted, they had not had more time, but sub
mitted it now.
Mr. CURTIS read it :
To the Senate of the United Statet—Anawer.
of the President to the Senate of the United.
8044, sitting as a Court of Impeachment
for Ute trial of Andrew Johnson., President
of llu; - United Stales.
ANSWER TO ARTICLE FIRST.
rOr ATISWOr to the first article he, says
that ltdwin M,Stanton was appointed Sec
retary for the • D rtment. Of 'War on the
fifteenth day Of, January, A. D, 18112, by
Abrabilm Lincoln, then President - of; the
United States, during the first' term of his
presiding, and was commissioned, accord
ing to the
,COnstitution and the laws of the
United States, to hold the said cake during
the"pleasure of the President. That the.
°Mee of Secretary for the Depart
merit of War • was mated by
an net of the. First Congress in its first ses-.
slim, petaled' on the seventh dayof August,
A. D. 1780, and in and by that act it was •
provided and enacted that the said Seere-
Mry fdr the Department of War shall per
form and execute such duties as shall from
time to time be.enjohned on and entrusted .
to him by the Preildent -of -the pitted
States, agreeably to the Constitution, 'rela
tive to the subjects within the scope of said
Department; and, furthermore, that =the
said Secretary shall conduct the business of
said Departent In fetch a, manner as the
President o mf
tho United States shall •
from. time to than :order •• and
,inStritat: And - this respondent,`-further
answering,.saYs that iofferee of the act, and
by reason of his appointment aforesaid, the
said Stanton became thopiiiiciPal ofileer in
one of the Executive Departmental of the
Government, being the true intent of the
second Beetle:dot the :Impend article of tho
ConstltidiOli of the UnitedStatsi according
.t i gitktriuktuttent junisneatting of that pro
- on of the tionstitution of the:United
States, and in accordance with the settled
NAYS 41.
T " +:~r,~ 'Y, k"7 ~.~5'~ p - 3-~ - urn `,3 ~.rn
Egg
ble, censisteut with public interest,
to allow said Stanton- to continue to hold .
the said office of Sedrotary for the Depart-
ment of War, and it then . ' became the 'offi
cial duty of the respondent, as President of
the United States, to consider and decide
what act or acts , should and might lawfully
be done by him, as President of the United
States, to cause the said Stanton to surren
der the said office. This respondent was in
formed and verily believes that it was prac
tically settled by the First Congress of the
United States, and had been so considered
and uniformly and in • a great number
of instances acted upon by Congress
and the Presidents of the United States in
succession, from President Washington to
and including President Lincoln, and from
the first Congress to the Thirty-ninth Con
gress, the Constitution of the United States
conferred on the President, Itspart of the
Executive power and as one of the neces
sary moans and instruments of performing
Execntive duty; expremilv imposed on him
by the Constitution, of taking care that the
laws be faithflilly executed, theq power at
any and all times. of removing from 'office
all Executive officers for cause, " , to be
judged of by=' the- President alone. '
'This respondent- had the assurance` of the
Constitution,' required , - the opinion of each
principal 'officer;. of. the :Executive Depart
ments upon the question of Executive pow
er and duty-, and'ha&bn advised'by each
of them, - inehiatintAhCsaid Stanton, Seere- .
tory for the Department of War.. that glider
' the Constitution,of. the. Vnlted States. this'
power was lodged by the Constitution in
the President "of the United States, and con
sequently could he lawfully exercised 'by
him, and Congress could ' not de
prive ' him thereof; and this ' res Pen
dent in his capacityits President of
the United States, and because in that eapa T ,
city he was both enabled and bound -le user:
hisbest judgment upon that question, did,
n good' faith, and ' With . honest desire to
arrive at the-truth, come to the conclusion
and did - make - the 'Seale"' known to the
honorable the Senate of.the United:States,
by a message dated• on the 2.1:1 day of March,
1867, a true copy whereofis hereunto annex
ed, and marked 4, A, that the power: bat .
mentioned waammierred, atekthe - duty,of
exercising it in eases was imposed .on the
Presidentty;the'Constitntioiiof he United
States, and that the president could _not be
deprived of this power or :relieved of this
duty, tar, could , the same be vested by law ,
'ln the resident and the Senate ',jointly,
either in part or in,whole, and this has
since . remained and was the .opinioltof this,
respondent at - the, time '„when , ' he,
was forced, as" 'nforeSaid, le - con-.
eider • and , decide what ' net' or acts
should and might - be lawfullYdeneby this
rettf i dent, as - : President; :Of - the ' United
sta - -to t , cateloittii) atild'Stazitofite attrrert
der said. eitleo•,- `II2IB ,IPETVent wail also
then .ffictre-that:W.l toomrscsection of an
act .regplagpg tho tenure of certain civil
4 0 1ceih-P. Allittli '.... 'ln b,Y;A' Con"
449 41 PPIIIIiiii*4 . t.geusee of Om
lot
grOrs•it,*as quiv4 l 4 - to_ ,Jsa,;, .!
PThat every Nom hotaing"-any: asp, of
fice to which he has been appointed by;and
Var. —
'
- 1 i T 3 * -7 7 7 I'n ~ I, rt---r—r 1:1 i k-N
r/ r ., ~ ' -I:I. ~.) i :...1.1. I_ 1 Ai:: II I tkiii. LP an 1 i i`i.
_.....
PITTSBURGH. T -
w th the adviceAn.'consref f klie
PRI44Ket
.d every person ho s all hereiaern . t...9
a .pointed to such ..ffice, and shall bee
d, ly qualified to act therejn, is and - shall be
entitlektOtobraVe Ottidel i tser
shall have been in 'lte Manner tip Pointed
and duly qualified, - pt,,as herein other-
Wise provided, that t .e.Secietaries of State,
of the Treasury, of tie; of the'. Ratri and
of the Interior, the • . . ten General and
the Attorney Genet' ;•Shall . ." held OfM:6 - Tor
and during the to Orthe'PhAddenfiry
whom they may hat tiPpOinted v and
for ono month there . ft er, subject to remo
val by and 'With .the advice and consent of
IS"rqfponde tindersiOolf :IS - in
tendeetto be: expression of the., opinion
of the Congress by which that act was
'patisi3d that the to remote an Execti- .
tive,officer for . cause.might by laW be
taken frOrn' the - President and Vested in
him aiadlhe' Senate ; jointly;: and' 'although
this respondent, had arrived,. at, and. still
retained the' opinion above ' expressed, and
verily believed, atilitastill.believes, that the
- first section of the last mentioned act was
and, is wholly . inoperative' and void,
by reason .of -its conflict, ,:with the
Constitution of the 'United States,
yet inasmuch as . • the • " same had
been, enacted by the. constitutional Ma
jority in, each,.pf the two Houkes of that
Congress: thiS resrxindent considered its to
be proper to examine and deCide whether
the particular case of the said Stanton, on
which it was respondent's duty' . to het, was
within or without the terms of'.thatfirst see;
Lion of the act. or within it', 'whether the
l'resident had not power according to the
terms to remove sald Stanton front the of
flee of. Secretary for 'the .Department . of
War, and having, in his . capacity of
President of the United -, Statei, ex
amined and considered; - . did form
the opinion that; the case of said, Stan
ton and his tenure of Mlle& were not affect
ed by the first section of the list named act.
And this responder . , further answering,
says that although. a case :thus existing,
which in his judgment, as President of the
United Stlites, etdled for the exercise of the
exeutive power, to remove said Stanton from,
office as Secretary (or the Department of
War, and although this respondent' was
of opinion, as above shown, that
under the Constitution of the United States
the power to:remove said Stanton from said
office was vested in the President Of the
United States, and although this respond
ent was also of the opinion, as above shown,.,
that the case of said Stanton was not elfect
bythe first section of theinst named act,
and although each of the said opinions had
been formed by this respondent upon-an
actual ease requiring him,in his mpaeity of
President of the States to come to the
same judgment:Sad-determination thereon,
yet this respondent, President of the United .
States, desired and.detetroine44ci • avbid; if
possible, any question-of the construction
and effect of said - first 14eCtiiin of the last'
named act, and also the broadi,r qUestion of,
the executive power conferred on the'Presi
1. dent, of the United Statis3l by . ' the Constit u -.
ution of the United States,' to remove one of
'the principal officers of of the Exeenti - Ve
DepArtments Toy e4use,,flie4Mltig*ht* eV* ficent, ficent, aratthis respondent desired It
to he deterralueciAlmt,..if.f •
whielet-1561d* 1T6 7- Con ro it should
become absolutely necessary,
..to raise
and have Settled in sonic wav
either or both of the last named.
questions, it was in accordance with , the
Constitution of the United States, and- Te
citireB the President thereby, that questions
of so much gravity and . itnportance on
which the Legislative and. Executive De
partments of the government had disagreed,
which involved powers eensidered• by . all
branches of, the government during its
entire history, down to the' year ..18a7,
to have been confided. by the Con
stitution of the United States to the
President, and to be necessary for the cont
plete and proper execution of his duties,
and should be in some proper way submit
ted to that Department of the govermrient
entrusted.by the Constittition with the pow
er and subjected by it to the.duty, not only
of determining finally the construction and
effect of all acts of Congress, but of cont
paring them with the Constitution of the
United States and pronouncing thorn
inop
erative when found in conflict with the fun
damental law which the people haVe enact
ed for the governnient of all titer. servants.
And to these ends, first, that' throtigh the
action of the Senate of the United States
'the absolute duty of the. President to
substitute some fit person .in . place
of Mfr. Santon as one of his advisers, and as
as a principal subordinate officer, 'whose':
official conduct he was responsible- for, and
had a lawful right to control, might be ac
complished without the necessity of rais- •
ing an one of the questions aforesaid; and
'second, if this duty could not be so per
formed, then that these questions,or such .1
o; thetii as might necessari ly -arise, I
should be judicially determined in the I
manner aforesaid; And for no other end I
or purpose this respondent, as President of.
the United States, on the 12th day of Au- !
gust,'lBB7, seven days after the 'reception of i
the letter of said Stanton hereinbefore
stated, did issue to said Stanton the order . I
following : "Bxecutive dlan.mion , fira.shing,
ton, August 12, 1857.—Sir ; By virtue of the I
power and authority vested in Me as
Prmident by the . Constitution and
lark. of the,United States, you. are hereby
suspended front' Offide'a.s Secretary of War,
and will cease exercising all functions per
taining to the seine. Yon will at once
transfer to General U. titent,.. - 'who has,
this day been authorized and empowered' .
to act as Secretary of War; intcriin, :all '
recorda,:. books, t i i.tp,entiand. : , other public
propeftY ybtir crhaigt).4,
.
The Hon. Edwin M. Stanton, Seceders , of.
SVar,l6• *hem said order was addxes.sed,
made, the. following.replyL
War - De.Parttnenttf . :Tr..o4fnalterii August
12th, 1867.—Sir: Your note of this date has
been ro4eited, drifertninglifethhtayArtue
of powers vested in you as President by the
Constitution and. laws e.f:the United StateS;-c
I•Fun suspended from the of Secretary '
of War, and will cease to exercise any and
ttli innctiimsportaluing tothe same, and;also'
directing me at once to transfer to Gen. U.
S. - ;Grai who luak this; ditYl'.h r
een autho
ized and empowered to act as Secretary
•of War ad •all records, books,
papers and other public property;
now' in ;my.eustody and charge: Under - a'
sense of public duty I am compelled to deny'
your; right under' the" Constitution and laws
Of tlie.United Stetei4,""withOut th(itidvlcoluid`
omit:int of. the=-Senate,xiald-ticilthouelegal
cause, to suspend me from office as Seem;
tary of Wer f or* their e'kertibtt.eC any* nil
functions pertaining to the same, or
Avithout , such". advice' ; and , consent to
compel Inc to transfer to any per
son records, papers .lure} -pp tato,
property in 'my custody as Secretary.::; lint
ittafirmieh as the General commanding, the
armies of the United State§ haSi:bee4
pointed ad-interist r tmd•luua, notified tue he,
has• deceptelthe appointnterit, I have no al
ternative but to'. What, - Ander protest of
to superior force.— ......
•
• And this respondent; further answering' ,
aagel it ix iiroviftd
section of an act to ,regulate the tenure
of ' certain dill - offices that the:;
.Tresident ay-nauspendian , affteerrteorn the',
P!ribrroarioeeflauties: of tbockilbtxt held by
him for certain cause designated until the
next.meeving of the Senate - and Anitil'tlie .
ease acted on - bY the: Senate. •
[Owing to the storm which-prevailed last.•
weAtrp conapelledto.go to presswith
out a r ftill report of the -President's answer. -
We'prei3ent; ficckeVer, the following synop
sis; which 'covers the• points taken by Mr.
4 0 4Ps9ijh.], . • • - • • •
„. • -
„.
,In answer to the second Lartie.le.he'-denies
that he violated' the' Constittition`• in; ap
pointing. General Thomas Secretary Of.-War.
denies' , that , ther,e, was .no _vacancy in
said• War. office. In the'third article - he'an-
SwerS bySaYing that the fir Stand :second
answer ctiversaitthe points in this..„
. In,answer ,to the fourth article that he'.
attempted to",gain - possession of said War
ofrice.bY fotee, , he Says that he only author.:
ized,said TatOrria to get possession - in order
to, luting said question into the Supreme
Court' of : the 'United - States...e gave
TliomuS no:rauthbrity to resort- Ti o
- force,' or
calLinthe aid of the military..,_ - - -
• In answer 36 the fifth article he denies
that he conspired with Thornas,‘ or any per
' son, to prevent • Stanton , frOm - retaining the
:position he - . •
In answer to the sixth article he denies
having conSPired with ''Thomiiii to get pos- -
sessionof' the - funds of- the War Otlice, or
• othetpublic,primerty. .
. • Ile denies, in answer to the seventh- arti
cle; that lie violated the -laws or the Consti
tutioa, or that':_the 'article constitutes high
crime or misdemeanor. ' ."
In answer to the eighth article he 'denies
that he gave Thoniss a letter of ;appoint- .
ment in -order to,control the funds ,of. the
War 011ice,'but 'admits giving said letter;
'denies any intent •to violate law.. .Denies
that:this is high crime and misdemeanor.
In answer tO the ninth article he denies
that iri conversation with General Emory
'that he endeavored to get him to disobey
any law, or offered him any inducement to
I do so.. Me denies all the allegations in said
ninth article,"and that • it constitutes high
I'crime and misdemeanor.
ru answer to the tenth article he does not
admit that toe speech claimed to have been
- made by, hint in response to the delegation ,
from the Philadelphia Convention is a cor
rect_ report. ,Denies the truth of the re
marks attributed to him as being delivered
at Cleveland and St..lLouis, and claims that •
all his speeches were delivered in his right
•as an Ameriean citizen, and as President of
thelltilted States,-for whic he cannot be
questioned: •
In answer to.artiele eleventh, he denies
• that in the public speech in Wa.shingtort he
said that Congress - was' 'not a lawful' Con
gress of the "United States; or would not be
until the ten Southern States, were: repre
sented. He insists on being permitted - to
use the freedein Of speech or opinion.
The reading of answer occupied one
hour and alialf. .
Mr. BOIJTWELL, on behalf of the Man
-1 agers, requested. a copy of the answer,,and
said it.was their expectation to present their
replication to-morrow, at one .o'cleck.
; • EV.A.RTB then' addressed the Court
in relatien to•abe period of time to be al- -
lowed the respondent after the replication
1 is filed before the trial , is to proceed. He
I.latidahe Paeidderitat counsel had been too
occupied with the , preparation of
..tnAmilttettiaa'.3/raLtattrtkat whatever
.f taartilitaiidthey therefore requested
'that the Court allow the President and
and counsel thirty days from the date of
the replication to prepare for the trial.
A motion in writing to that effect Was
'resented and read by the Secretary.
I Mr. HOWARD moved it lie on the table
until after the replication is filed, but with
drew it on Mr. Itingharn's announcement
that the Managers were ready to express
their opinion on the application at once.
Mr. LOCiAN, on behalf of the Manag;ers,
said - they should oppose it, because there
was no reason. offered fbr the delay, except
that. the President's counsel needed tine.'
Fie said they had as much time as the Man
agers, and some other reasons should be
given, as there had been in the applications
for delay made in former trials for im
' peachnient, when it was always-stated on
oath that time was needed to `produce dis
• tant witnesses, the. sneh cause was al
leged or shown, and the rule. adopted by
the Senate required the trial to proceed un
less cause for delay was shown. The Mana-
gory insisted, that no more time 'should be
taken apT : than V 133 absolutely necessary
for the trial of the case. No more .time
1 should be, ' granted to the President than to
the meanest man.. At the expiration of the"
• thirty ditys, application might be made for,
further nelay, toserid for witnesses,parhiipa.
to Sitka. liaterial reasons for delay should
be assigned now.- '
Mr. EVARTS called the attention of the
I Court to the faetthatthe President's coun
sel had been allowed_ only eight Working
I days in which to prepare their answer, ; and
I said it was not an answer to their present
application that equal haste would be neceS
-1 sary on the part of thee Managers as on the
part of themselves. Their positions were
I not similar. The Managers had enjoyed
1 peculiar " facilities for gummening and ea
t amining, witnesses. The President had
j. public duties which emplo,yed much o 1 his
1 time. The counsel asked no more in this
ease, for the President, than they would for
the poorest criminal. If urtforseen dream
.
stances should arise requiring, delay, for
the - President, , of witnesses:. for either
side, it would be the duty of the ,Colut to
grant it.
Mr. WILSON announced the determine- ,
tion of the Managers to resist all unneces:
nary: delay. The first stealtaken by the
counsel on the 13th was in vindicatien of
the
.precedenta bf former impeachment
trials, In the•case of Judge Chase the re= ,
spondent had asked' for eleven -menthia•
delay; sapporting his application by sworn
aitatements. Only thirty days -were
granted, and'yet his preparatiort WELS so per
reet as to secure his acquittal. In the slab T
orate answer to-day presented, he (Mr..
Wilson) found the strongest argument'
against delay, for the remondent'aliarein
claimed his , right was the. very things on
Which tals trial ; s based. The respondent's
case was , net - that of an ordinary eriniay
had.- Fie asked time in. which he may.
centhaie' ' to Infant' the interests= of
the .country, ate he had • clone, by
acts which he, now, inetified. , The cause
shown in MIS application was, not such as.,
would:warrant the Senate, under the-rules,
to grant a delay.. The, bonniel sliould not •
be allowed-time to educate themselyes in
the cases
STANBERY - Red that
Mr. - -rep some re -
arice shotildbe Placed - by - the Court on the
pertionaL honor. of the: counsel, when tllaY'
say =they hive been sa:pressed for preparing
their,
,:
answer, that they ; have not had time
given the to communicate with the Presi
dent to What witnesses should' be sum-. 1
mooed. a While they *ere So' engaged the
Managers had - been arranging for the von
'duct of their case, Stanbery -reiterated
that he and his"felloak counsel had not even
.ctdocument prepared, or' witness , sum
nioned, and if they weree - forced to proceed
'With the ease 10-morrow.'they would ap
pear defenceleas anduitarmed. • He'appeal
ed to the Court Toe airae-if - not the , fall.
Period .aakedfor, , atneast.'-' a pertain. He
argued.againet the construction placed by
the IMaiutgers thbf - -rule cited by Mr.
Itirigham, He , was Mika to reply, when
the Chief JqustJustice remarked the Managers
could not elMe'the'debatea
l• - Mr. HOWARD mo,e&tbe application . be
aid on'i the
Mr. JOHNSON called fly the reading . of
E=
NUMBER 71
the twentieth rule, Bruiting the debate on
interlocutionarY• motions to one hour.
By consent of the Senate; Mr. BINGHAM'
then replied to .Mr.- Stanbery, - saying no
one questioned the honor' of counsel; but
this application - was not to be decided by
reference to that consideration. The Presi
dent had sent his counsel hereto ask, upon
honor, for an extension,of forty, days to pre
pare is -.answer.- •Orily, ten> days were
granted, and the.ansWerwas prepared and
ready. NoW, they - a:sk,,.,iiport•their' honor,
for thirty days to :prepare for trial; .. The
President had ,beon guilty" of 'gross - negli
gence in not stinniioning , witnesses, and. he
was now trifling v) , •ith • the Senate.
wanted thirty days in;:ivhich to prepare to
show still more clearly that the Constitution
was but a Cabinet in his-lands to prepare
for further abuses of the - mighty power he
still wields.- The words- of -his • ansirei, - in
which he claims the. right_ to: remove all .
executive officers at will, while the Senate
is in sesSion, Were conclusive evidences of , .
=his guiltand clangerons intentions.. - They
constituted a menace to the- Senate. The
country has no* less a right to a speedy trial
than the In the name of the peeple
the Managers demanded that the trial)
should proceed. He. would venture to say
that no cause for delay could he shown by
the counsel, hilt which the Managers, could
overcome.' .They. would probably admit
whatever the witnesses to be called would
be, able to prove for the respondent. ' . •
Mr. HENDERSON Offered - a :motion to
have the application acted upon after , ,,the
filing of the replication. . • • '
Mr. BUTLER, for" the Managers,urged
that - the question of time should b settled
now. • .
The yeas and nays were called on Mr.
Henderson's motion, which was not agreed
to, by a vote of twenty-five to twenty-eight.
Mr. HOWARD renewed his motion that
the application lie on the table, but
Mr. DRAKE made the point of order that
the motions of counsel must banded upon
by a vote of the Senate at once, which the
Chair snStained. - - • -
The yeas and 'pays Were then taker:Lori the
original motion', that thirty, daya'timo be
granted, and it was negatived by'a Strict
party vote—twelve to forty-One. -
Mr. SHERMAI' then made a .motion to
adjourn, but before it was put • .
EVARTS amended his Motion; so as
,to apply for a reasonable time aftorthe -repli
cation of the Managers is filed; to be now
fixed by the Senate.
• Mr. fOIDZSON moved that ten days -be
allowed,- but the motion to adjciurn was, pin
and the Court, adjourned until to-morrow
at one o'clock. . • .
The Senate then adjourned.
ROUSE OF REPRESENTATIVES
Mr. CLARKE presented, resolutions of
the Kansas .Legislature, pledging support
to Congress bathe removal of Andrew Joh
nson if found . guilty: '
' Mr.' HOLMAN offered a resolution ex
pressing the .judgment •of the Rouse that
Government bonds, except when expressly
made - payable in'eoin, should be payable in
lawful• money of the United States, com
monly kilowatts United States notes. lie _
moved the pr,evios.s oLestion;thich
wa s Messrs:•Gard Id and Blaine
and refused by the House. e resolution
was then referred to the Committee of
Ways and Means,
the House refusing, to
order the yeas and nays thereon. •
The House having received a message
from the Senate resolved itself into Com
mittee of the Whole and proceeded to the
Senate chamber to attend the impeaChment
trial.
When themembers returned, Mr. BING
HAM said the Inipeacliment Mana„,.*es bad
anticipated' the President's answer, and had
prepared a replication thereto.
After a lively time among the members,
the House adjourned till to-morrow at II
o'clock to consider the replication.
District Elections.
Following are the officers elected in coun
ty districts on Friday, 20th inst:
SEWICKLEY BOROUGH.
School Directors, Alichal .Marlatt, 3 years;
E... Reno, 1 Yeari Rogers,_ 2 rears;_ S.
Baird, 1 year. Supervisors, S. Neely, Gard.
Winters. Judge ot Election, W. H. Seamen.
Inspectors, Harmer Neel.y, Willitun Merri
man. Assessor;-llngh Linn: 'Auditors, E.
P..:Young, 3 years; Louis McCormick, 2
,
••years. Township Clerk, D. L. Shields. Con
stable 'Peter Masonholt.
TEMPERANCLVI;L'E. *
Burgess, James W. Ballantine. Council,
John Hollingshead, Thomas Fox, Charles
Geiger, Howell Jon es, Johngahard. School
Directors, Thos. Ilershberger, 3 years; Geo.
Wittengill, 3 years; Samuel H. French, 2
years; , John Garbett, 2 years.. Judge of
Election, A. L. Jones. Inspectors, N. Bal
lantine, John Diver. Assessor, James Mc-
Dowell. Auditor, .Wm. Goffe. Constable
John. Thompson.,,..,
NOETTE FAYETTE.
The following is the result of the election
in North Fayette township, on Friday,
March 20th 6.
Judge •
Judge of Elections, Wm. , In
aPectors, George Y. McKee, Samuel. Stur
geon. • • Townsldp Treaairer,• Rer. `F. A.
Hutchinson.., Clerk, Robert Potter. School
Directors, A. Mera i ziand, Daniel Hoffman.
Supervisors, J.W. McMichael, M. E: Bald
win, A . Diekkon;;Jarnesit. Kelso. Auditor,
H. Riliott Mcßride. 'Assessor, A. P. Lewis.
Constable, A. P. Lewis.
Foreign Markets by
.Cable. •
Loirumv; March
•9314; s.2olquiet at 72®73X;
nois Central, 8914. -
FRANKFORT, March 23.--Evening.-17. S.
closed at'7sg. = i
nrooi4 - March2.3.—Evening. , --Catton
OlOlSed easier 'but- unchanged; sales 10.000
hares 'middlings at IW,, Orleans log.c•tl i l i
the markets are generally 'Provisions
and ~ liireadstulfs unchanged. Produce—
Spirits of Petroleum nominally unchanged
at ls. 3d:
ANTWERP,IIIarch 3.—Petrolento—Sttind
aid White closed at 43f. - •
Toledo Market.
Teregraiili . to Pittsburgh Gaiette.i
Tor.sno,' ' March - 23.—Flour; receipts of
754 bbLs; the -.market la 'quiet. Aihest
2c better, with sales of amber Michigan at
' $2,63; and No. 2 lowa sp.ring at a2,05'. 7Cmn;
rectiptErof 12,599 bus; .34e better; With tiles
of No. '1 at 94e; and buyers for aline month
at; 94 1-4a94 1-2 c. Oats; receipts of 1,310
bus; ,1-20 better, with sales of No. lat 68e;
ltye 20 better, with seine - of %No.' lat 111,62.
see& - '. „ - ' . " • .
2 - mn wankee Marke
Telegiaph to tho Plusturgh nate.]
Mit.wAunrs, March 23.—Flour dull , but
firm at p,7,0 for. hest, Idinpespta -brands.
Wheat is 110 better; sake at sl,9tltor No 1.
Corn at No; fresh 'receipts. oittpo. -
Pts--800 bbla Roar, .2.,800 bnih wheat.
• Shipments--2,000 bbla ;1,300 bush
wheat.
-
• Rivers.and: Walther. :
Telegispb to the l'',Wqba rib t} 6 e , 4
I~otitsvn Ls .March 211.--111VOXINIIng
'irery - Outt, 'with fifteen feet' idne Inches In
channel. Weather clear and very *arm.
.~
8