The Pittsburgh gazette., March 25, 1868, Image 2

El
Ctt littsburo &Ott.
President Johnson's Answer to
Articles . of Impeachment;
Following is President Johnson's answer,
read in the Senate on Monday, to Articles
of Impeachment presented by the House of
Representatives:
, -
To the Senate of the United ,Slates;—Answer
of the President to the Senate of the United
States, sitting as a Court ,of Impeachment
for the trial of Andrew Johnson, President
of the United Stales.
♦NEWER TO ARTICLE FIRST.
For answer• to the first article he says
that Edwin M. Stanton was appointed Sec
retary for the Department of War on the
fi eenth day of January, A. D., 1862, by
Al ralnun Lincoln, then President of the
U ited States, during the first term of his
fl
prbsiding, and was commissioned, accord
ing to the Constitution and the laws of the
United States, to hold the said office during
the pleasure of the President. That the
office of Secretary, for the Depart
met •of War " was created by
an het of the Fi st Congress in its first ses
sion, passed on the seventh day of August,
A. D. 1789, and 'n and by that act it was
provided and e acted that the said Secre:.
tary fOr the Department of War shall, per
form and execute such duties as shall from
time to time be enjoined -on and entrusted
to him by the President of the United
States, agreeably to the Constitution, rola.;
tive to the subjects within the scope of said
Department; and, furthermore, that the
.said Secretary shall conduct the business of
said Department in such a *manner as the
President of the United States shall
from time to time. older and
instrnct. And this respondent, farther
tasiverinf;, says that by force of the act, and
by reason of his appointment aforesaid, the
said Stanton became the principal officer in
one of the Executive DepartmentS of the
GOvernment, being the true, intent of the,
second section of the second article of the
Constitution of the United States, according
to the true intent and meaning of that pro
vision of the Consti.tution of the United
States, and in aecorddnce with the settled
and uniform practice of each and every
President of the United States, the said
Stanton then became, and so long as•
.he
should continue to hold the office of See
retary.of. the Department of War, must
continue to bo ouo of the advisers of . the
President of the United - States, as well
as the person entrusted to act for and rep-
resent the President in matters en-
Mod upon him or entrusted to
by the President touching
the - Department aforesaid, and for whose
conduct in • such capacity, subordi
nato to the President, the President is, -
" cording to the Constitution and laws o the
United States, made responsible. And this
respondent, further answering says he suc
ceeded to the office Of President of the
United States on and by reason of the death
of Abraham Lincoln, then President of the
United States, onl-the 15th day: of April,
1865,- and said Edwin M. Stanton
'was:then holding . said office of Sec
retary for,: the Department of • War,
under and by reason of the, appointmen, -
and commission aforesaid, and not having
been removed from said office by 'this re
spondent, the EdWin M. Stanton con
tinued 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 • ant
appointment or commission as above de
tailed. And this respondent, further answer
ing, says that on and - prior to the sth day of
August; A. D.,1.867,, this respondent; the
President-of the United State- eesponsible
for the.cOnduct of the SecretarAfor the De
partment of War, and having thb Constitu
tional right to resort and rely upon the per
son holding that office for advice concern
;ing the great public duties enjoined On the
' ‘ President by the Constitution and laws of
the United States, became satisfied. that
ho could. not allow tits said Stanton to
hold ofdCo as Secretary of the Department
of War, without hazard of the public inter
est;." that' the relations between said Stanton
and PreSident - no longer perniitted the
President to resort to him for advice,: or
- in the judgment of the.President,be safe
ly responsible for the conduct of the De-
partmont of War, as by law required, in
accordance with orders and instructions of
the President thereupob, by the force of the
Constitution and' laws ,of the United States,
which.devolve on the President the power
and duty . to control the conduct of
the business of the Executive Do
partment of the Government and
by reason of the constitutional duty of
the President to take care that the laws be
faithfully . executed, this respondent did
' necessarily cmishier and determine the said
Stanton ought no longer' to hold said Office,
of Secretary for the DepaFtment of War,
•-and this :respondent, by virtue of the pow:
er and authority vested in him as President
of the United, States,.. by- the Constitution
and laws of the United States, to give effect
'to such his decision and determination, did,
'on the sth day of August, A. D. .1867, ad
; dress to the said Stanton ,a note, cif -which
the following is a true copy: • • •
'.Sir: Public considerations of a high Char
acter constrain me to say that your resigns.
• . port as Secretary of War will be accented.
•To - which note the said Stanton made the
following reply: -
• WAIL DF.PAr.TMENT;
WASIIINOTON Aug. . 5th,1867.
Sin: Your note of this day has been re
• ceived, stating that "public considerations
• of a high character" constrain you to say.
that, my resignation as' Secretary of War,
be,accepted. In reply, I have the hon-,
Or to say that public considerations of a
• high:character, which alone induce me to
continue at the head of. this Depaftment, -
; constrain'ine . not to resign tho office of See.
rotary of War before the next meeting of.
Congress. • • ,•
Very respectfully,. yours,
: EOWIN M. STANTON.
This respondent, as President of the Uni
ted States, was thereon of opinion that
having regard to the necessary official rela
tions and dillies of the Secretary for, the
Department of War to the 'President of
• the United States, according to the Congti
tution and laws of the United States, and
having regard to the responsibility of the
President for the conduct of said Secretary,
and having regard to the paramount execu
tive authority of tho office which - the res
pondent holds- under the Constitution and
laws of the United States, it was impossi
ble, consistent with public interest,
to allow'said Stanton to - continue to hold
the said office of Secretary for the Depirt
ment of War, - and it then became the WU-.
cial duty of the respondent, as President of
the United States, to ,consider and decide'
what act or acts should and might lawfully
bo 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 t telieves that it was pro°-
. ticall3r settled by e First Congress of the
United States ancl had been so considered
!t•-amid uniformly :Ind In a .great number
r• instances acted upon . by Cengress
and the of the United States in
sueoession",from President Wmhington to
wand including President Linooln, and from
the first Congress to the Thirty-ninth Con
gress, the Constitution of the-United States
conferred on the . President, as part_ of tho
Executive power, and , al one of the neces.
eery means and instruments, of performing
' - ••ExecutiVe duty, expressly imposed - on him
-13-5 i the Constitution, of taking care that the
r laws - be faithfully executed, the power"at
any and all tunes of removing from office
all Executive officers for — cause, to - be
judged of by the President alone.
:;'This respUndent had the, assurance of the
Constitution, required the opinion , of each
principal officer of the Ekeentive lbepart
meats upon the question of Executive pow
at and duty, and bad:been' advised byeaeh
Of theist, including.the ;said Stanton, iSeCre
tary for the Department of War. that under
the Constitution of the United States this
, .
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power was lodged by the Constitution in
the. President of the United States, and con-
Sequently could - he lawfully exercised by
hint, "and -. Congress could not ' do-•
prive him thereg; and this respond*.
ent in. his capacity as President of .
the United States, and because in, that capa
city he was both enabled and bound to use
his best judgment upcin that question, did, ,
in good faith, and with harvest desire to
arrive at the truth, come to the conclusion
and did make the same known to the
honorable the Senate of the United States,
by a message dated on the 2d day of March,
1867; a true copy whereof is hereunto annex
ed, and marked "A," that the power last
mentioned was conferred, and the duty of
exercising it in cases was imposed on the
ei
Pr ident by the Constitution of the United
Sta s, and that : the President could not be
dep ived of this power or relieved of this
deity,-nor 'could the same be vested by law
in the President and tho Senate jointly,
either in-pait or in whole, and this has ever
since remained and was the opinion of this
respondent at the time - when he
was forced, as . aforesaid, to con
sider . and decide what act or acts
should and might be-lawfully done by this
respondent, - as President of the United
States, to cause the said Stanton to surren
der said office. This respondent was also
then aware that by the first section of an
act regulating the tenure of - certain civil
offices, passed March 2d, 1i367, by a Con
stitutional majority of both Houses of Con
gresa, it was enacted as follows:
"That- every person holding any civil of
fice to which he has been appointed by and
with the advice and consent of. the Senate,
and every person who shall hereafter be
appointed • to such office, and shall become
duly qualified to act therein; is and shall be
entitled to hold such office until a successor
shall have been in like manner appointed
and duly qualified, except, as herein other
wise provided, that the Secretaries of State,
of the Treasury, of War, of the •Navy, and
of the Interior, the Postmaster General and
the Attorney General, shall hold office for
and during the term of the President by
whom they may have been appointed, add
for one month thereafter, subject to remo
val by and with the advice and consent of
. the Senate." • .
This the respondent understood as in
tended to be an expression of the opinion
of the Congress by which that act was
passed that the power to remove an Execu
tive officer for cause might by -law be
taken from the President end vested in
him and the .Senate jointly, and although
this respondent had arrived at and still
retained the opinion above expresSed, and
verily believed, as he still 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,
vet inasmuch as the same had
been enacted by the constitutional ma-
-pity in each of the two Houses of that
Congress, this respondent conshleredit to
bo,, , proper to examine and decide whether
Me particular case of the said Stanton, on
which it was respondent's duty to acts. was
within or without the terms of that first sec
tion of the act, or within it, whether the -;
President had not power according to the
terms to remove said Stanton from the of
fice of Secretary for the Department of
War, and' -having, in -his capacity of'.
President of the United States, ex
amined and. considered, did • form
the opinion that 'the case ,of said Stan-.
ton and his tenure of office were not affect
ed by the first section of the last named act.
And this responden - , further answering,
says that although a case thus existing,
which in his judgment, as President of the
United States, called for the exercise of the
exeutive power to remove said Stanton from
office as Secretary for 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 ease of said Stanton was not affect- •
ed by the first section of the last named act,
and although each of the said opinioas had
been formed by this respondent upon an
actual case requiring him in his capacity of
PreSident of the United States to comb tckthe
same judgment and determination thereon,
vet this respondent, President of the United
States, desired and determined to avoid, if
passible, any question of the construction
and effect of said first section of the last
named act, and also the broader question of
the executive power conferred mr,the Presi
dent of the United States by, the Constltu
ution of the United States, to remove one of
the principal officers of one of theExechtite
Departments for cause, seeming to him suf
ficent, and this respondent also desired it
to be determined, that, if from causes over
which he.could exert no control it should
become absolutely necessary to raise
and have settled in some watt
either or both of the last named
questions, it'vas in accordance with the
Constitution of the United States, and re
qures the President therebv, that questions
and`of so much , gravity anmportance on
which the Legislative and Executtve De
partments of the government had disagreed,
which involved , powers considered by all
branches of the government during its
entire history, down to the year 1867,
to have' been confided, by the Con-
Stitution of the United States to the
President, and to be necessary for the com
.plete and proper execution of his duties,
hnd should be in some.. proper way submit
ted to that Department of the government
entrusted by the Constithtion with the pow
er and subjected by it to the duty, not only
of deternuningfinally the construction and
effect of all acts of Congress, but of • cpm
paring them with the. Constitution of the
United States and pyouoinicirig them inop
erative when fonnd in conflict with the fun
damental law which thepeople have enact
ed for the government of all titer. Servants. -
And to these ends, first; that through.-the
action of the Senate of the United States
the . absolute . fluty of . the President to
Substitute smite fit person,. in place
of Mr; Santon as one of his advisers; and as
as. principal subordinate officer. whose'
Official conduct he Vas rasponsible, for, and
had a lawful right to control, might be ac-,
• complished without the necessity of rais
ing any ono of the questions aforesaid; and
second, if this duty'could not be so per
formed, then that. these questions, or such
- them as 'might necessarily arise,
should be judicially determined. in the
manner aforesaid. " And 'for no other., end
or purpose this respondent,'as President of
the United States, on the 12th day-, of Au
gust, 1867, seven days after the reception of.
the letter. of Bala . * Stanten_:,:liereinbefore ,
stated, did issue to said Stanton. the order
following : " Executive .AtctiOion,, Washing
ton, August 12, 1857r—Sir By virtue of the
power and authority vested . in tem.-, as.
President by . the . Constitution.... and
laws of the United Stateit, you are hereby'
suspended from office as Secretary of-War,
and will cease-exercising funetlens ;per
taining 'to thii same.'You' will at" once
transfer to General U.' S. Grant, Who has
this day been authorizeit.iincl.' empowered
to act as Secretary of War ad interim, ell
records,.:books, papers and . other- public
property now in your charge."
. .
The Hon. Edwin M. Stanton, Secretary of
War, to whom said order was addressed,
made theSollowing reply: - •
War Department,- Waakingion ' August
12th, 1867.—Sir: -Near note' of this date has
been received, informiat‘mo that by virtue
of powers vested in:you asTresident by the
Constitution and laws of the United States,
I am suspended from theoniceof Secretary
of War, and will cease to exorcise : any and
linictigns portaining to the same;_ and also
directing me at . once to transfer to Gen, U.
S. Grant, who has' this . day been author
ized and ehipowered to act as Secretary
of War ad interbul . all 'records, books,
p a p er s • and °Riot property
now in my custody and, chnige:' vuner a
arise of public duty ;am-compelled to deny
your ht under the', Constitution and laws
of the United States, vlthotitthe advice and
consent the. genlitd; without-legal
muse, to'tnisplitid sue froi4. office , as-Secre
tary of. War, or4he exercise of any or all
functions - pertaluing to the same, or
P.T.TTSBII,Rg4„9/IZE'TTE : •WEDNESDAY, MARCH 25, 1868
. .-
without= TM& advice and consent to
Compel.: me to transfer to' tity
son records, books,_ papers _and public:
property in my custody as Secretes-.. But
inasmuch as the General as,
the
armies of the United States has: been ap
pointed ad interim, and has notified me he
has accepted the appointment, I have no al
ternative but to submit under, protest' of
to superior force.
esident.' furthel l • ansWering,
T A o nd tho th 'Pr is
responde nt, says it is provided in and by the second
section of an act to regulate the tenute
of certain civil offices that the
President may suspend an officer from the
- performance of duties of the office held - by
him for certain cause designated until the
next meeting ofthr-Senate, and until the
case shall be acted on by the Senate;
that this respondent, as President of the
United States, was advised, ho verily, be
lieved, and still believes, that the executive
power of removal from office confided to
him by the Constitution aforesaid inchides
the power of suspension from office at the
pleasure of the President; and this respond=
ent, by the order aforesaid, 'did suspend
said Stanton 'from office, not until the next
meeting of the Senate,
.or until the Bonate
Should have acted upon the case, but, by
force of the power and authority vested in
him by the Constitution and laws of the
United States, indefinitely, and at tho pleas
ure of the'Prosident, anct the order in form
aforesaid was made known to the Senate of
the United States on the 12th of. December,
1867, as will be more fully hereafter stated.
And the respondent, further answering,
says in and by the act. of February 13th,
1795, it was among other things provided
and enacted that in case of vacancy in the
office of Secretary for the Department of
War ' it - shall bo lawful for the President, in
ease he shall think it necessary, to author
ize any person to perform the duties of that
office until a successor be appointed, but
not exceeding the term-of six moths, and
this respondent,being advised and olieving
such law was in full force and not repealed;
by Order dated August 12th, 1867, did au
thorize and empower U. S. Grunt, General
of.ths armies of the United States, to act as
such Secretary for the Department of War
ad interim, in the form which similar au
thority had hitherto been given not until the
next meeting of the Senate should act on
the case, but at the pleasure of the Presi
dent, subject only to the limitation of six
months in' the last mentioned act, and a
copy of the last named order was made
known to the Senate of the United States
on the 12th of December, A. D., 1867, as
will be hereinafter more fully stated; and
in pursuance of the designated intention
aforesaid, if it should become necessary to
submit the question to a judicial determina
tion, this respondent, at or near the date of
the lust mentioned order, did make knoWn
his purpose to obtain a judicial deci
sion of the said - questions, or such of them
as might be necessary.
And this respondent, further answering,
says that in further pursuance of his inten
tion and design if possible to perform what
he believed to be his duty .to urevent said
Edwin .L Stanton from longer holding the
office of Secretary of the Department of
War;und at the smile time avoiding if pos
sible any question respecting the extent of
the power of removal froin executive
office confided to the President by the Con.
st hut ien of the United States, and any ques
tion respecting the - construction_ and effect
of the jfirst section of said act regulating
the tenure, of certain civil offices, while he
shouldnot by any act of his abandon and
relinquish either a power he believed the
Constitution had conferred upon the Presi
dent of the United States to enable him' to'
performhis duty, a power designedly left
to. him by the first section of the act of Con
gress last aforesaid; this respondent did, on
the 12th day of December, 1847, transmit to
the Senate of the. United States a message, •
a copy of which is hereunto annexed, and
marked 13, wherein he made - known the
orders aforesaid ; and the reasons Which had
induced the same,
so far as the respondent
then considered it material and necessary
that the same should be set forth, and: reit
erated his views concerning the vinstite:
tional power of removal vested in the Pres
ident, and also expressed his views con
cerning the construction of the. said, first
section of the last mentioned act ms ra - spect,
it* the power of the President to remove
the said Stanton from the said office of Sec
retary• for the Department of War; well
hoping that this respondent could thus per
form what he then believed and still be
lieves to be his imperative' duty in reference
to said Stanton, without derogating from
the powers which this respondent• believes
were confided te the President by the Con
stitution and laws, and without the neces
sity of raising judicially' any questien
specting the same.
And this respondent, further answering,
says that this hope not having been realized,
the President was compelled either to allow
the said Stanton to resume said office and
remain therein, contrary to the settled con,
victions of the President, formed RS. afore
said, respecting the powers confided to
him and the duties required of hint by the
Constitution of the United States, and con
trary to the opinion formed, as 'aforesaid,
that the first section of the last mentioned
act did not affect the case of • Stanton, con
trary to the fixed belief' of the President
that hecOuld no longer advise, trust or be
responsible for said Stanton; or the said of
fice of:Secretary of War, or else he was corn-
Pellod to take such steps as might in the"
judgment of the President be lawful and
necessary to raise. for a judicial decision the
questions affecting the lawful right of the
said Stanton to persist in refusing, to quit'
the said office if he shcinld •persist in re-,
fusing to quit the said office, if he Should
persist in remaining'actunlly, the respond
ent did, on the 21st day of :February, 1868,
issue the order for-the removal of said
Stanton, in the said first icicle mentioned
and sot forth, and :the order authorizing the
said Lorenzo F. Thomas to act as Secretary of
War ad interim in the said second article sot
forth; andthis respondeht, proceeding to an
swer specifically etiehaubstantial allegation
in the said first article; says that he denies
that the. said. Stanton on. the 21st day of
,February, 1868, was lawfully in,,possessien
of the said office of Secretary for the•
partment of Wart•he denies-that the said
Stanton on the ,day last mentioned
lawfully entitled in-hold said office 'against:
the • will of the =President of . the United.:
States; he denies that said order , for the
moval of the said Stanton was :unlawfully.
issued; ho denies that said Order' was issued
with Intent to-violate the act _entitled "ttfi
act - to regulate the tenure of ceitain 61 , 01
offices;!' lie denies that the said Order -Was',
a violation of the last Mentioned tteti-ho'des
nles_thatthe said .order was a .violationi of
the constitution of the United States, or any .
law , thereof, : or this. respondent's oath of,
office, and he respectfully but 'earnestly in-'
sists'that' not Only WRS it issued - by hintin
the performance of what he, believed
to . . be an imperative duty, but in
performance - of whet this honorable Court
will consider was in point of faCt- an, linger*.
tive official- duty, and "he denies 'that any
and all substantial Matters in the said .first.
article contained, in manner and feint asthe
same are therein stated and set forth, do ibY
law constitute a high niisdemeimor.' in Of
fico within the true meaning of the ; ponsti,
tution of the United States,
• , ANSWER TO ARTICLE. SECOND. -. .v:
And for answer to the second article,, this
respondent says he tidthits he did Waite and
deliver to said Lorenzo. Thomas the said'
writing 'set forth in the secondarticle, boar
-
ing date'atVashingtoni-D. Ci February 21
1868, ' addressed.'in'.Brovetitajor . GotteraV
.Lorenzo Thomas,' Adj't General United':
.States Army, Washington, IN C.; mato-fur ,
titer admits that the same was , so' issued
without the advice'ind consent of the Senate .
of the United States then in , session;'brit he ,
,denies that he thereby violatedthe...Consti;:
;lion of the United States; or. eitylaw there*.
or that ha • !did - thereby
violate the Constitution` of the United. States
Or the provisions of any act or ongress;
.and this reepondentrefers -.AO his answer to
. - firWarticieYortadll-stitteiteht fig pur
poses and Intentions with which said order
was issued and adopts the same as part Of
his answer to this article; and he farther
denies there was then no vacancy in the
said office of Secretary .fer the' Iliepartinind
of War' ' oithitt lie did then or there commit
or was guilty of a high misdemeanor in of
fice; and thiS respondent maintains, and
will insist, first, that at the date and delivery
of said writing there was a vacancy - existing
in the office of Secretary for the Department
of War ; second, that notwithstanding the
Senate of the 'United States was then in see=.
Sion, it was lawful; anaccording to long
and well established u ge, to empower and
E l
authorize the said Th mas to act as Sec
retary of . War ad interim : third, that
if the said act re sting the tenure
of civil offices be hel obe a valid law, no
porOvision of the same 119 violated by issu
ing.intid order, or by t 0 - designation of said
Thomas to: . act as Sec etary of War .ad in
terim.
• -
ANSWER TO A TICLE THIRD. 1
And for answer to id third artiel , this
respondent says he aits by his answer to
the first and second a icle, in so far As the
same are responsiVe t the allegationti con
tained in the said thi d article, and without
=the same again repeatin the same answers,
prays the same be t ikon as an answer to
this third article, as ally as if here lagain
i i,
set out at length.. An as to the neW alle
gation contained in said third article, that
this respondent did appoint said Thomas to
be Secretary -of War ad interim, this re- •
spcindent denies he gave any other author
ity to said Thomas than such as appears in
said . written authority, set - out •in
the said article,
_by which he
authorized and empowered said Thomas to
act as Secretary for the Department of, War
ad interim, and he denies the same amounts
to an appointment, and insists it. is only
the designation of an offider of that -De
partment to act temporarily as Secretary
for the Department of War ad interim until
an appointment should be =del ; but wheth
er the said written authority :amounts to
an appointment, or a temporary authority
or designation, this respondent - denies that
in any sense ho did thereby intend to vio
late the Constitution of the United States,.
or that ho thereby intended to give said
order the character or effect of tin appOint
ment in the constitutional or legal sense of
the term; lie further. denies flint there was
no vacancy in said 'office of Secretary for
the Department of War existing at date,
of said written authority.
ANSWER. TO ARTICLE FOURTH.
And for answer to said fourth article, this
respondent denies that on the twenty=first
day of February, ISGS, at Washington,
afOresaid, or any other time or place, he
did unlawfully conspire with said Lorenzo
Thomas, or with said Thomas or any other
person or persons, with intent by intimida
tion and threats unlawfullY to hinder • and
preveut the said Stanton from holding said
ofliee 'bf Secretary for tlio Department of'
War, in violation of the Constitution of the
United-States, or of the provisions of the
said act of Congress in said article mention
ed, or that he did then and there commit or
was guilty of a high crime in office. On the
'contrary, the respondent, protesting that
said Stanton was not then and there law
fully the Secretary for the Department of
War, this. respondent states that his sole
purpose in authorizingsaiti Thomas to act
as Secretary for the Department of War ad
interim, as is fully stated in his answer
to the first article, to bring the ques
tion of the right of said Stan
ton to hold office, notwithstanding
his said suspension and the said
order of removal, and notwithstanding the.
said authority- of said Thomas to act as Sec
retary of War ad interim, to the test of a
final decision by the Supreme Court-of the
'United States in the_ earliest practicable
_ time at Which the question could be brought
' before that tribunal. This respondent did
not agree with the said 'fhomasorany other
persons to use intimidation or threats to
hinder or prevent said Stanton from holding
the said office of Secretary for the Depart
ment of War, nor did this "respondent at
any time command or advise said Thomas,
or any other person or persons, to resort to or
to use' threats or intimidations for that
purpose. The only means in We contem
plation or purpose of the respondent to be
used are set forth fully in' said orders of
February 21st, the first addressed to Mr.
Stanton and the second -to said Thomas.
By thq Jinn order. tharespondent•noti 'ad
gr. Stanton he was rem o ovedfromsaido4lice
and that his functions as- Secretary for the
Department of War were to terminate upon
the receipt of that order, and he also noti
fied said Stanton the said Thomas had been
authorized to act as Secretary for the De
partment of War ad interim, and - ordered
said Stanton to transfer -to - him all records,
books, papers andether public property in
his custody and charge; and by the second
order this respondent notified said Thomas
of the removal of said Stanton and author
ized him to act as Secretary of War ad in
terim, and directed him to immediately
enter upon the discharge of duties pertain
ing to that office and to receive the transfer
of all records, books, papers and other pub
lic property from Mr. Stanton, Jhen in his
custody iind charge. Respondent gave no
instructions to said Thomas to force obedi
ence to these orders; ho gave him no au
thority to call in the aid of -the military or
any other force to enable him to obtain pos.-,
session of the office, books, papers; records
or property thereof.': .
Aszswsrt TO ARTICLE FIFTH. 4
And for answer to the said fifth article,
, this respondent denies that on the 21st day
.of February; 1865, or any other timo or
times in the same year • before the said 2d
day of March; 1868, or at any prior or sub
sequent time, at Washington aforesaid, or
at any other place, this respondent did un- -
Jawfully conspire with said Thomas, or with
any other person or .persons to prevent or
hinder the execution of the said act entitled
"an act regulating the tenure , of certain
civil offices," or that in pursuance of said
alleged conspiracy, lie did .unlawfully at
.tempt to prevent the said Edwin M. Stanton
from holding said office of Secretary for the
Department of War, or that ho did thereby
commit or that " he was' thereby guilty of a
• high misdemeanor in office. This respon
dent, protesting that said Stanton was not
'then and theta Secretary of War, begs leave
to refer to his answer given to:the fourth
article, and to his answer given to the first
article, as-to his'intent and purpOse in issu
ing the orders for the removal of Mr:Stan
ton; and the authority • given to - the said
-Thomas, and prays - equarbenefit therefrom
; as if the same were h.ere again repeated and
WV Set forth. And this respondent excepts
•to the sufficiency of _the- said -fifth article,
and states his ground--for such exception
• that it is not alleged by what means or *by
what agreement said alleged conspiracy Was
:formed or agreed :to be carried out, or in
what way the same was attempted to be car
ried out, or what were the Acts•done in pm- .
,suance thereof..: • - ,- • • -.
ANSWER TO 'ARTICLE' SIXTH. '
, ,. . . ,
And for.. Answer to the.Sald sixth article,
the respondent denies that . On . the 21st day
of February,' 11?;68,•fit. Washington aforesaid,
'oret ahylither•timeer. plaee, he did unlaw
fully conspire,with tlui, said. Thomas by
force to Seize, take aticrticia. Ufa 'property
of the United. States in
Department of
'War; contrarytO tile provisions of the Said
;War;
referred Wirt the ea, Id, Articles,-Or either.
of them. . This respondent, protesting that
'said Stantond was "not then' and there Secre
tary for time Department of War, not only
denies the Said, conspiracy 11§ charged,, but
also denies anynnlawful intent in reference
to the Charge .of the .property
of the' nited bkatisirt i thek said Department
of :Wa`r;'oft_ ::azain.:,iereFa to :.his former
• answersfets•a"full,Staternerit..efhts,intent
-041340:014 th01 ) , 1 0/ 11 4eS•'::1 .:',, ,•i': :::. ':. -
ANSWER , TO Attudix saystrrn ,
'..- And for anstveritOthe saillsoienth article
thteresporident derdei that on the ,shid42lst•
day of February, .'-1868;1' at" Walshington
ttforefiai4 , or at any.other time an& t)W.e,
lie did - : unlawfully ocinspire . ; witlf the said
Thothai,lavith , • intent'unialtinlly , lge,
tako.orsposiess the 'pr o Of ther'. • d
States:intik, Department'ef . Wiwi . iiitli in
, tent tdmiolate Ortliaiegiitthe*-taidi &41 in
~.
the'; seventh- article referred 10;er:that he
did then andtitheieFfidininjt ' if 'high` , 'Aiiitle-
Moanot tfv.ollicie: '. l fittyPondint; pint lag
that the said Stanton was not there and then
- ' (Continued on Seventh Page.) .' • .
'4" • • ONLY
A '.VLL SET OF Annnear. TEETH
_ FOR EIGHT DOLLARS.
PULL UPPER AND LOWER SET FOR 119.`
TEETH EXTRACTED-WITHOUT PAD.,
NO CHARGE FOR .EXTRACTING WHEN ARTI
FICIAL TEETH ARE ORDERED,'
ALL WORK- WARRANTED FOR FIVE:YEARS.
LAUGHING GAS FREE OF CHARGE. AT
QUINCY A. SCOTT'S'
Steam Dental Establishment,
278 PEN: 4 ; STREET, 3D DOOR ABOVE HAND.
B.—As DR. SCOTT As a licensee under, the
Goodyear Patents, he will not make tiny`"new (bo
gus) rubber" sets, but will continue to manufacture
the genuine articIe—VULCANITE. mh:d&T
GAS FIXTURES F
ass IXTURES
AND
Chandeliers,
.iust received, the finest and - largest assortment
ever opened In this cliv. '
WELDON & KELLY,
147 WOOD STREET, COIL. VIRGIN ALLEY
tatiN:n22
TRIMMINGS AND NOTIONS
G RAND OPENING
Or
SPRING .GOODS.
Barred Organdies.
Barred and Striped Nainsook;
Victoria Lawns. •
Soft Finish Cambric.
ALSO, ‘A LAME LOT OF
SOILED WHITE GOODS,
Which we nre selling at a great sacrifice
GOOD' IBIS!' LINENS at 37 cents. SOILED KID
• GLOVES at 50 cents. SySWE3IE ALENAN
DRE SIDS !Dr 44. GENUINE ALEX-
ANDIIE KIDS Air $1.83. Our
cannot be beat. 1100 P SKIRTS
at 75 cents. The-lac* anti beautiful
SENSATION TIE, just received• 200 doz
FRENCH CORSETS just Teedlced. A .complete
flue of MAGENTA, LUCRETIA and ELVIRA•
COItSETS. AI o, a line of MISSES' CORSETS
RISTORI FRINGES, all colo.l. nuLiaox FRIN-
GES. all colors.. BUGLE TRIMMINGS. a finc'as-
meut. A Due lot of BUTTONS.
MAORI:TM, GLYDE & CO.,
I'S and SO Market Street.
m1121:t116
AT JOSEPH HORNE & CO,S,
The Largest Assortment of
STRAIY_Ap MILLINERY GOODS,
I
To be Found in the City.
RIBBONS ' PLOWERs'
- CRAPES:,
MALINF-4. , FRAMES,
FROSTED ILLUSIONS, , - •
STRAW"TILLIMIINGS, ornamented.
ALSO, A WELL - ASSORTED S'TOCIC OF
WHITE GOODS. - CORSETS
lIOSIERY,- HOOP minus,
GLOVES; ItALMORAL SKIRTS,
EMBROIDERIES, -HANDKERCHIEFS,
FRINGES. BUTTONS,
TRIL3OIINGS, BRAIDS,
An 4 a Full Line of Notions.
FURNISHING GOODS,
NECK TIES,. MOWS. SUSPENDERS
MORRISON'S STAR SHIRTS.
Agents for RIi3IARCIi, DIC4EN9, VICTOR and
other popular makes of • • • -
PAPER COLLARS.
Prices as low as EaStens Jobber re.-
Wholesale Rooms up Stairs
Nos. 77 and 79 - Market Street.
inhl7 ' '
A PERFECT FITTING. GLOVE.
MACRUM Sr. CAELISLE
. 19 Fifth Street,
INVITE ATTENTION TO THEIR •
KID .GLOVE DEPARTMENT
Which Is now complete with every
,eolel rapt shade..
They have Just opened - 100.DOZ.M. of Lbw •
Celebrated A. C. C. (JotivinY RIDS,
icirsirogee;isecstr:VealeY to our order: • Hundreds of oar
less quality. The colors their
pPeffnepet4ulas7idattuls
dress material, selected and mriusheu:by us, and
art really .
Elegant and Desirable.
The assortment Secludes BLACK,' WHITE,
DARK COLEUS, MEDIUM COLORS, air OPERA
or PARTY COLORS. - • •
• • • • SIZES--6 84 TO 8.
, _
MACRtfIII7.46 CAIIIISLE, •
•
FRINGES, •
' GIMP lIEADINGS;
111 AL COLOES, JUST, OPEitiLD, AT
F. ff. EATON'S
tnhs
rro. 17 Fifth Street.
qz)
WILIGWI s nzcg ; ' •
CARPENTER AND BLYILDER
N o.:
Bfl- PENI4I3YLVANIA. , AVENTTE, opposite
High street. pcau.!Figt.t, -Eebideneei.No.lli3
Grant street.
Jobbing 'done "vsitti I.eitOess sod dibilteli:' l "'AU
orders promptly attended- to, sod satisosotion
.ranted. €. h -1w22;0479"P'
llr feWNS "V k li l P-Dri4 311 ,r;,,i
HOUSE. SIONANEFORNAMENtitrii)UrMit
-4iip , • .
i-titizrets„
No. 118 Penns. Avenue, Pittsburgh.
All Wars by mall prortiptly &Howled to.
7.7 34 • -
-
eezt
DENTISTRY,
FOR GAg AID OIL.
assortment or HOSIERY
REAL ESTATE AGENTS
P. HAT4I3II . i -
-A-• • •
. ; -
• REAL ESTATE OFFICE,
No. 9S Grant Street, Pittsburgh.
•. REAL ESTATE
AND PERSONAL PROPERTY
EN
..i[sotrci : zpr.''..p SOLD.
WILL inyE_Pllo3ll7 ATTENTION TO
Negotiation of Loans, Attend to the
Renting' of Property, Collection
of tlaints,,d:c., de.
JOHN H. BAILIET & Imo. ;
STOCK AND REAI. ESTATE BROKERS
AND AUCTIONEERS,
Arc prepared to sell at Auction STOCKS, BONDS,
and all kinds of SECURITIES. REAL ESTATE,
HOUSEHOLD FURNITURE. either on the
premises or at the Board of Trade Itooms.
Particular attention paid, as heretofore, o the
sale of Real Estate at private sale..
Sales of Real Estate in the country attended
Office, No. 68 SMITHFIELD STREET. ell
cHEAR FARMS. FOR SALE.
have Low for sale several of the finest FARMS In
Westmoreland and Indiana counties. on remarka
bly easy terms, so easy thnt any one desirous of buy
ing can purchase on time altogether. - Call and ex
amine for yourself.-
G. 31. PETTY,
No. 80 Smithfield street
mh4
BUSINESS CHANGES.
e ISSOLUTION.-THE FIRM •OF
WHITE, JIE:HOER lc CO. was dissolved on
t 10th inst., by mutual consent.
• ' ILVNIEL WHITE.
W. H. BEHGEH,
• • .-W.'FBEEIIAN.
The underAgned will continue the manufacture o
Wooden Ware and Packing Boxes, under the name
and style of FREEMAN BERGER.. Mee mnd
Factory hetureen Morton and Clymer streets; 3/ Inth
Ward. W. FREEMAN.
• W. H. BERGER.'
Pittsburgh, March IT, 15U.. air:234=9l
j_fIIMISSOLUTION.—The fi rm of
ROBINSON, - Attic:ENNA:it- CO
..9
Of Allegheny City. has this day been dissolved by
mutual consent. J. S. ROBINSON will continue
the Grocery Business at his new store,
Nop 1.55 Feder l 3.l Street,
Add assumes till liabilities of the old flyin
. ROBINSON • dicRENNIk & CO..
„. J. S. Iton.u4soN.
mhtnms2 •
, .
DISSOLITTION.-TILE . FIRM OF
iiTwELL; LEE & CO.' was dissolved on the,
lot cif Febrtary, .1.868. by mutual consent. Either
partner may sign the name of the firm In settlement.
JOHN ATWELL.
. CHARLEWATWELL.
A. J. LEE. ,
The undersigned n - 111 continue the WHOLES ALE
GROCERY BUSINESS. under the name and style of
ArivELL & LEE. at the old place, No. 131 Second
street. A continuance of the patronage of their
friends and the public is respectfully solicited.
CHARLES ATWELL.
EMMit2SWM
• : HOTELS.'
THE' ITIANSION HOUSE: •
• The undersigned beg to announce t • their friends
and the public Abet Ahoy Ilya imrch ed this OLD
ESTABLISHED and POPULAR HOU:
No. 344 Liberty S reet,
And will continue to keep it in the IX t Style. The
MANSION HOUSE has over one bend • d rooms, all
newly furnished In the bestatyle. and •alp two min
utes' walk from the Railroad Depot. Trayelers will
find this house an excellent'one to stop at, and wilt
be accommodated any hour, day or night.
C Connected with the House is .spientlid Hail for
Families or 'Single Persens takCn to board by the
day, week or month, with or without rooms:
H. WAGNER,
PITTSBURGH
IMO
CONDUCTED ON THE EUROPE.
A '4, PLAN ..
Si. JAMES HOTEL,
Nos. 405 and 407 I.lbbrty St.,
Opposite Union Depot, PITTSBURGH.
JAMES . K. LANAHA:N, Proprietor,
• - . .
This house is newly built and splendidly fnritish
ed, and convenient to all the Railroads coming into
the city. Strangersvisiting the city will find this a
very convenient and economical plan. You secure
your - room and pay Tor your meals as you get them.
The Restaurant connected with this hotel is open at
all hours of the day and night. Balls and parties
supplied with Suppers at the shortest notice and
.reasonable rates. - - - selB:g88
QT. LAWRENCE HOTEL
{ON TIIE . EUROPEAN PLAN,)
No Y. Corner Penn .and Callal Streets,
PITa'SISITII6I3,
JAMES JOEWSON, Proprietor.
Thb3 , bouse has been thoroughly refitted and iiew-
L IT furnithed throughout, Lad Is Row open to the
HATS AND CAPS.-
NEW EFPRIIVG GOODS.
=
Hats and Caps,
ARTUyiNG.TWLT,
_ M ' COED &
.•
fer.: 13.1'WOOD STREET
•
MARTIN LIELLEII I ,
. - -
HATS', 'C'APS AND FtlEilt3 3 ,
Also,Manufaeturee, Wholesale 'and Retell Dealer
In TRUNK_ - VALISES, Sm.,. No.- .1.321' SMITH
FIELD WTHEZT, Pittsburgh, rd. -
Orders promptlyAlled sattsfee.tlon guaranteed.
MICHITEUrS.
BARR & 1111918 RM,
,A.TeCitrrme'X'S.,
FRUIT HOIiSEASSOCIATIOII BUILDINGS; - Nos.
2 and 4 St. Clair . Street,-Pittsburgh. Fa: Speelal
attention given -to - the designing mid building Of
.00111 IT HOUSES and PUBLIC,
mERHANICAL - MD ENGINEERING - -
DRAFtiMAN.
omee Philo Moll. 73 Third Street
Wldt liesar a moitaxo & CO•,: riTTssussg.
r. ! : A. tairlNGEroit.'w.,u: nu7ni.7i. A. ItOBT*ol , l,
LiViiiiGSTON C 0.,.,.
POWDERS, s:
31ANTikAertfnrits ok •
FINE " - LIGHT CASTINGS, > -
AD-deseriptlona, for Einroltertand Gaff Nitta_ mAg
rteultnrallMPl,ements, Cotton sad Woo/elAui*a -
All Job Work promptly attended O . ; • •
Ofileti Lua Work*4I,BITINGTON — AVANRE,
near Outer De ot, Allegheny City, Pa. • , , •
CLARK j. U. WA 8"-'7"P:T!!1'11L
pos.:crier loper:yrOmm
stretched, Cemented mid ithetea oak-Tanned '
- 3331112T1NG6
No. 409 LIBERTY STURM% (2d floor,) opposite
Union Depot, rittsbusgb.
U
II
U
II