Mmm Democrat HARVEY SICKLER, Publisher VOL. VII. Ppming fjfmorat A Democratic weekly p.per devoted to Poll fajf-J- /j "< , tics Sews, the ArU *''' l jd Sciences Ac. Pub I w beI SI - N ' J. will attend pr-m, tly t-> til ■ .Its in ti >- ( fsssion. May tie Inuud at his Offi o .i the Store, or at his residence on i'utiu u Sreet, tormerly I occupied by A. K. Pe.kham E--p DENTISTRY. . - * - '; • OR, L T. BrRXS hi* p-rtuanenTly in j Tunkh lriH'icti |>irnu.r!i, hikl p"p"* tf ully t n ltT bin profe?*ioYi t prrvirefr t its cinzua Ofioe on second Boor, formerly occupied fy Dr. tti'iuan 6n3otf. PORTRAIT, LANDSCAPE, G £ 17 A "if E 37 T A L P AtKfTI WG. fly h\ flCGflfl, Artist. Room.* over tht Wyoming Natiotialbank,in Stark's Brick Block, TI'NKMAWOCK. I'A. Life-sire Portrait* p:r.tcd from Amheitrfes or Phut ogrupha Pbo'ogruph* Painted in Oil <"• I- rs A ! orders for painiings executed according to or der, or no charge made. tsf Instructions given in Drawing Pket< hing, Portrait ami Land'cape Painting, in Oil or water Colors, and in *ll hrincbes of the art, Tuok , July 31. 'g7 -vgooO-tf. BOLTON HOUSE. IIAKIIISUI HO, PKW.L. The undersigned having lately pun bused tho " BUEULER HOUSE " property, has already com menced such alterations and improvements as wiii render this old and popular House equal, if not supe rior, to any Hotel in the City of Harrishurg. A caetiouance of the public patronage is refpeet foily solicited. GEO. J. BOLTON WALL'S HOTEL, LATE AMERICAN HOUSE, TI; NKHAMNOIK, WYOTIISH; to., I>\ rHIS establishment has recently been refitted n furnished in tne latest style Even attemn n •ill be given to the comfort and convenience ol tbo-e •an patronize the House T. B WALL, Owner and Proprietor Tunkhannoek, September 11, IR6I NORTH BRANCH HOTEL, MESIIOPPEN, WYOMING COUNTY'. P.; Win. H. CIORTRIGHT, Prop'r H ATING resumed the proprietorship of the above llotej, the undersigned will "pare no efforts render the ho-use an agreeable place ol sojourn to *IJ who uiay faror it with their custom. Win II COKTRIGHT. June, 3rd, )%3 MEANS' HOT£L. TOWANDA, PA . TV B. BARTi.KT, [Lateott. "BHMSAKO liorsv, KLHIKA.N Y PKUPKIETOK. The MEANS HOTEL, i- one ot the LARGEST ad BEST ARRANGED Houses in the country —lt a fitted up in the most modern and improved style •ad no pains are spared to uiake it a plcasautand, •greeablestoppngi place foz all, 311/v3-u. U. 8. REVENUE NOTICE. ASSISTANT ASSESSOR'S OFFICE for 7th Di vision, County) half a uiile north of •til's Hotel, Montrose Street, at the late resideuce •ULo. K. R. Little IKA AVERY' Assistant Assessor, 7th Division 13 lb District Tankhannook. Dae 2, lo67r7nl9ini Tun WOTILD'S -.HEAT BCMEDT roa Scrofula and Scrofulous Diseases. From Finery Files, a veil-known merchant of Ox. flirt!, Maine. 44 I have toH lar-jv quantitß-* of your SAUSAPA liII.LA, but lii'Vt r yi*t one liottle which fiiikil of the 1. si p. I effect and lull sati* faction to Aid' uiu) took it. As la it us our p try it. they ™roc there baa IKS*a 110 medicine like it Uiore in our commuuity.*' Eruptions, PimplP3, Blotches, Pustules, Di cers, Sores, and all Diseases of the Skin. /ro'-i Her. floht. St rait an, Itristol, England. 44 1 oily my fluty to you ami the public, when I at hi my testimony to that you puhli&ii of the ine di itial \ irtui'f of your S wd* APAKiI.LA. My dntiglt ter, ©ye*, ami hair for yearn, wliieli we were unable to cure until we trie*! your Saksai*AKlLLA. She has been well for home months." JFrort Mm. Jane E. V.ice, r ?rrll lanyni and murk' e*irenn >t I alf/'f Den,ii.;r iih\ ('ape My Co., X. J. 44 My daughter Iris sufibred for :i year past with s fierof ilom emotion, whieh w.ia very troublesome. N tiling afforded ativ relief nntil we tried your SARSAI'AHII.LA, win fi toou completely cured lier." i 'r< ri ('h tries Darjc % />'/., of the widtly l iaacn Hayc, Utirr it/ .f Co., m nuf:. ay 1 KeMuDi ail to remove Eruptions pud ' A/' in > • by tie* perseveri use ol your S\i: \• villi.i.and I have just now cured AM attack of Mtllp it f. yaprlas with it. No alterative we pi M- r . I . ',■* ill" S.\K< M'.xuiial.A you have sup p-ijii te the pr tii'rtsiou us well as to the people. •* Era,:! I. E. J hiistf.i, /?--/., Wale nam, Ohio. 44 For Twt-i 'e years. I had the yellow Krysiprfas or. :..y n i! arm, during whi*h time 1 tried all the •fi. i-i .i: 1 j'H) si i niH I could rt'ueh. and took Inns* fin ds of n ro, .If. P. P. t of Xeireastle % ( . if., a leading member of the Canadian I'arlia - - i leire uso l votir Sar \r\R?i.f. \ in mv family, • g tu ril arid fur purifying the Wood, v. "i \ery In ie!i-1 d results, and feci couliJeuce in couimeudiug it to the ailiicted." £;. Atithony't: Fire, Hose, Salt Rheum, SviAld Head, Sore Eyes. En.m Ifa. rev Est,., the able alitor of the /at' ..tan " k- firm >c rat, i'ennsylrania. 0 only eliiM, about three years of age, was w t on Ills forehead, 'i h v rapitlly V, - i is■ •'ll ii . loem-'l a loathsome and virulent h • ,-a !i *:\ i red Ins fate, and actually blinded h > ■ .!r day a. A sklliul physirinu applied iiiii ib li silver aie.l other remedies, without any apparent ei. •t. tor lfti*.n days we guarded his hands, ! -t with them he should tear onen the fea turing aui corrupt wound which covered hit whole face. Having tried every thing else we had any huja from, we Is-gnn giving- your SAI:.SAI*AI(IIXA, an t ap}lving the iotho- 4 or potash lotion, as you <]ir* r. *f!e Ugaii to heal wle'ii we had given I: Trt b .lie. a.el WHS well v% hen we lntd tiui.-lled f rheehild'a eyelawb m it. u had ©M i, >'tv i.uiio, aud he i now ::s h< alt by an 1 fair .oi r. I'ne uiiuh ueighboibood predicted ti. .1 l!ie eh . I must die." and Mercurial Disease. / mIJ . Hiram Sit* LtmU , Jflniwi • 1 bud your SAKv\r\i:iLLA a more effectual r v .or t! e sivomiarv symptoms of SyjJiili* 1 r .v :tintdir.* .sethan any other we posses*, y en are indebted to you lor some of the • t iiie(ii% nies we have." f . n I F . • It. M. D. y on eminent physieinn of fa n ,M t. t'h 'i* o prvu.intnt no mbcr of tki I. tun of Ma stack asetts. " Lb:. Avh.it. My dear Sir* I have found yonr SAKHA: \i:iv.!. v an exeelhut r*.*mcdy for Syphilis, b. hof tie* prim iru i ontlary type, an I effeo- T ..,1 i.i Hone* CHH* .- that w m- Rhf ohi*tili:te to yield t< vtie • :i m-!t8. Ido not know what we can em iMi e >-, wIKN a powef ...l b it. r:i\e is r*^uiitd." .If-*. Clrtf. S. t an i.letr, *f Xetr Tlrnnstrirk, .V. J., b I !:*• oiftii iilwrH on bis f-gs, cau* *1 by the abuse ~ r t ,*v. or tue rev rial di -sa**, w liUli grew imre i i- *Hggrnt ater• for rcra, lu i>|te of every Hi it meet tb. t eoe.ld b 4 applitnl, until the i i col Avi.i; v < >.\K* AP.VIUI.b \ relieved | in IN* touii'l more inveterate and r : t thi-i, aud it took several dozen -' to or htra. Ii * ' ccr, Fcn-iSlo Weaknoes, a - j!v pr>;ni by Interieil Srrnfu < t*t Cl < iti ; very often eur-.| by tin* alterative , • • Sa lAFAKtfJ V- fitSiriSM INrifk le .. r. I . I I of tb * :AVrsAI*AKII.LA, the skiliul h; . lof l m*.M renK-.1i.-s. li. f '.e ire't In irn rind rrljely celebrated Dr. Jar >1 M errill, of ( I h innati. "I ' ;•.*•■ * ..-J . i:r .v\::s\r.\uti.i.\ an excellent q; :in in di i> sof females. Many eases of I 11 : Pv. I.- i- orrha Internal I Iceration, and ! a aui-iug from the prrofulotiß dirfhesis, b. ei<*l I *i to it. Mild there an* few that do not, w h. a i.ccir *t i - projerty aided by local treatment." .i la y, un trifling to c'low the publication of her nam", trrites: 44 Mv 'l.iti bfer ;.n* niy-clf b i-e N-cn cured of a \-r !.*••! Wrier i of lon * standing, by two n of your SAK>\!Mi:ti.L\. RLcun:at">m, Gout, Diver Complaint, Dys pepAia, Heart Dtsoa.ie, Neuralgia, vh • i 1 b Sere-fab/ in the system, arc rapidly tut'J by thi* EXT. BAKSAPAUILLA. AYER'S (' \TIIARTIC PILLS , , so ninny advantages over the other i.urgativcs in the market, ami their superior irtues are so universally known, thatwe need ;Mt ilo more than to assure the public their uality is maintained equal to the best it ever .. been, ami that they may lie depended on .i.i all that they have ever done. Prepared by ,t. C- AY KK, M. D. } & Co., "11. Mass., and sold by Fir sale byßunnell A i'anna'yne, and Lyman A 4V hi Is, I unkhanr.oi k. Sten Dg A Son, Meshuppen, Stevens A Ackley, Loceyville, Frear, Dsan A Co, Fai-toryville, and uii Druggists aud Devlais in ined cines. everywhere. THE HEALING POOL, AND HOUSE OF MERCY. Howard Assoc'at ion Reports, for YOUNG MEN on the CRIME OF SOLITUDE, and the ER RORS, ABUSES a id DISEASES which destroy the manly powers, and create imjiedimcnt* to MAR RIAGE, with sure means of relief. Sent in se&'ed letter, envelopes, free of charge. Address Dr J. SKILLEX HOUGHTON, Howard Association, Philadelphia. Pa. 6n44 lyeor- TIIE UNION STRAW CUTTER, MANUFACTURED BY AYilliiini t'lickner, At '/UA'AV/AWOCA', Tenn'a. Who has the exclusive right for Wyoming county, is one of the very lew Machines that will eut Hay. Strsw. Stalks, me., better than the old fashioned Cutting boxes, used by our grandfathers. Those who value time nod labor: ©nd would avoid a needles, loss of both, in feeding theirstock, should get one of these improved Cutters. No man eier found anything better ; or ever went hack to the old machine after n trial of it. A Nupply Constantly ou Hand and for sale. WM FLICKNBR. Tankhennoek, Dw. ?, ie77v7nl9f TUNKHANNOCK, WYOMING CO., PA. -WEDNSDAY, MAR. 4. 1868. THE New York Tribune is now clam oring for the immediate admission of Ala bama. This has aroused Thurlow Weed, who, in the Commercial Advertiser, thus shows up Horace Greeley and his former course on this subject: In 1860 the New York Tribune invited Alabama and other slave States that were dissatisfied with the Union to go out.— They acted upon its advice, and attempted to get out. It cost us more than half a million lives and three billions of dollars to put down a r bellion which the Tribune encouraged. And when this was finally accomplished, without paying, as Mr. Greeley proposed four hundred millions of dollars to slaveholders, the Tribune object ed to let Alabama. Arkansas, and Tennes see send loyal representatives to Congress. States must get back, if at all. though a uni versal negro suffrage gate. Tennessee ar.d Arkansas bad loyal Republican repre s. ntativcs asking Congress to "OPEN THE POOR ! " for eight consecutive months, but they were kept in the cold. Now after three years of conflict aud chaos; after hundreds of thousands of dollars have been expended in Alabama under the reconstruc tion laws which prove defective,the Tribune, in its " On !to Richmond " insolence, de 'mands the instant admission of Alabama l if there be ten loyal men in the State who desire to return to the Union." Here then, is the end of reconstruction upon the Rad ical plan ! NECESSARY RIFLES OF SLEEP Dr. Winslow wisely says there isnofact more clearly established in the physiology of man than this, that the brain expends its energies and itself during the hours of w akefulness, and that thele are recuperated durii g sleep. If the recuperation does not equal the expenditure, the brain withers— this is insanity. Thus it is that, in early Ei glish history, persons were condemned to death bv being prevented from sleeping, alw ays died raving maniacs, thus it is also thai those who are starved to death become insane—the brain is not nourish* d, ami can not sli ep. The practical inferences are : Ist. Those who think most, who do most brain work, require the most sleep 2d That time "saved" from necessary sleep is infallibly destructive to mind, body, and estate. Give yourelf, your children, your servants —give all that are under you. the fullest amount of sleep they will take, by compelling them to go to bed at some regular hour,and rise in the morning when they awake, and within a fortnight. Nature, with almost the regularity of the rising sun, will unloose the bonds of sleep the mo ment enough repose has been secured for the wants of the system. This is the only safe and sufficient rule, and as to the. ques tion how much sleep any one requires, each must be a rule for himself—great Na ture will never fail to write it out to the observer under the regulations just giveu. ALABAMA TOBE ADMITTED The Mongrel Constitution of Alabama has been defeated, since the majority of the registered electors did not vote on the question of its adoption, which is required by the Reconstruction acts. The people of Alabama took this method of defeating those most iniquitous measures of an " in famous Congress," relying upon the laws, bad as they are, to protect them. Rut the Radius void of all principle, indued even of the show of it, now propose to ad mit Alabama under a Constitution which has been defeated. Johu Sherman one of the Senators from Ohio, the brother of General Sherman, a man of respecta ble character, is the mover in this proceed ing which, for shameless villiany, is un equalled in the history of this countiy.— " The party of high moral ideas " does this act. In the name of common decen cy, we ask whether the most depraved mind could conceive a more brutal, and scoundrelly thought. THE CAT TRADE. —The New York cor respondent of the Rochester Democrat, in speaking of the cat trade of the metropolis, says: 14 Cat skins are now used extensively for muffs and sleigh robes, and hence a heavy slaughter is done of those animals; but the higheat value is found in domestic life. A first-rate mouser is worth twenty five dollars. There are now several per sons dealing in cats which are in great de mand, and shipments are made from the country. An invoice of twenty five cats was lately received by one individual.— They were confintd in a box, and came safe at a small expense. We understand that a market can be obtained for a large number of thesa animals at paying prices. " We hope the proprietor of that market will establish an agency in this vicinity. CHIEF JUSTICE CHASE, in behalf of the Supreme Court, declined to dismiss the McCardle case. The opinion is quite elab orate and quotes at length legal authorities bearing on the case. It states that there is ample law to take hold of the case, and on this ground the ('ourt declines to allow the motion to dismiss. With regard to the question of jurisdiction, the opinion states that the Court is not now prepared t<> decide, and it is. therefore, reserved foi consideration, and will be decide after the argument is heard upon it, which will be ou the first Monday in March. EXCESSIVE MODESTT.—Two servant girls were given tickets to go to the thea tre. Returning in a short time, their mis tress asked them why they did not stay. — They answered they sat in the place till a curtain was rolled up, and some ladies and gentlemen began talking abont family mat ters, when, thinking they had no business there, they left. " To Speak his Thoughts is Every Freeman's Right. " A NATIONAL I ,CRISIS! * THE PHESIDENT IMPEACHED FOR "HIGH CRIMES AND MIS DEMEANORS." The Removal of a Secretary made a pre text for Radical Usurpation of the pow ers of the Executive branch of the Gov ernment—Preparations for the Con summation of the Iniquity. WASHINGTON, Feb, 22d, 18G8. Yesterday a bomb was thrown info the Congressional camp, which is likely to pro duce a terriblo explosion. It has already created great commotion, and to day it is expected some very desperate means will be adopted. The House bad just previ onsly passed a resolution to adjourn over till Monday in honor of Washington's birthday. Hut immediately on the recep tion of the intelligence that a message had been sent to the Senate by the President, announcing the appointment of a Secreta ry of War ad interim , the Ilonse recon sidered its vote, and resolved to sit to-day as usual. At the same time that the President or dered General Thomas to assume this po sition, he furnished him with au order lo the following effect, a copy of which was to be handed to Mr. Stanton : EXECUTIVE MANSION, Washington, February 21, 1808. "SIR : By virtue of power and authori ty vested iti me as President by the Con stitution and laws of the United States, you are hereby removed from office as Sec retary of the Department of War, and your functions as such will terminate upon the receipt of this communication. "You will transfer to Brevet Major General Lorenzo Thomas, Adjutant Gen eral of the army, who has this day been authorized arid empowered to act as Secre tary of War ad interim, all records, books, papers, and other pubbc property now in your custody and charge. " Respectfully yours, " ANDREW JOHNSON, President. "To Hon. Edwin M. Stanton, Washing ton, D. It appears that General Thomas, on re ceiving his appointment, proceeded at once to the discharge of his duties. He went to the room lately occupied by Mr. Edwin M. Stanton, and exhibited to him his own let ter of appointment, and the order dismiss ing Mr. Stanton from office. Mr. Stanton upon reading these documents, asked for time to rem-ivc his private papers, which was courteously granted him by General Thomas. In the course of I lie morning the Presi dent sent a written message to the Senate, informing that body that under the Con stitution and laws of the I nited States, he had in August last suspended Edwin M. Stanton as Secretary of Wat, and had now by the same authority removed him from office, and had appointed General Thomas to fill the position. The Senate, very soon afrer the receipt of this message, laid aside its regu'ar order of business, viz : Mr. Trumbull's bill to modify the reconstruc tion laws, and went into executive session, to consider the subject of the President's Me-sage. After a very excited debate which lasted till a late hour in the evening, and many different propositions, some of them very violent in their character, the following lesolution was passed by very nearly a party vote, being a substitute of fered by Mr. Wilson for a resolution pro posed by Mr. Edmunds : •' Whereas, the Senate have received and considered the communication ot tin- President, staling that he had removed Ed win M. Stanton, Secretary of War, and had designated the Adjutant General of the army to act as Secretary of War ad inter im : therefore " Resolved by the Senate of the United States, That under the Constitution and laws of the United Statts, the I'iesident has not the power to remove the Secretary of War and designate any other officer to perform the duties of that office." At the same time that the Senate was thus engaged in secret conclave —disputing the right of the President to select his own Cabinet—a power never questioned from the beginning of the Government, until this revolutionaiy faction undertook to grasp the entire reins of administration— Mr. Stanton was making his appeal to the House of Representatives, hoping proba bly to evoke tne impeachment scheme, al ready twice buried with the honors of war The following is Stanton's letter to Mr. Colfax, enclosing a copy of the order by wh en he was dismissed ftom office, just handed him by General Thomas : "WAR DEPARTMENT, Washington City, Feb 21, '6B. "SIR: General Thomas has just deliv ered to me a copy of the enclosed order, which you will please communicate to the House of Representatives. 44 Your obedient servant, EDWIN M. STANTON, 44 Secretary of War. 44 Hon Schuyler Colfax. Speaker ot the House of Representatives." On motion of Mr. Washburn this corre spondence was referred to the Reconstruc tion Committee. Mr Covode offered a resolution to the effect that the President be impeached lor high crimes and misdemeanors, and this, also, was referred to the same Committee. Johnson's Last Message to Congress. The President has sent a message to the Senate, nominating H'>n. Thomas Ewing, Sr., of Ohio, Secretary of War, in place of Edwin M. Stanton, removed. He at the same time sent to the Senate an Executive communica tion in reply to a resolution recently passed by that body, arguing and insistihg (bathe not only had flie right under the c> nstttution and the tenure of office to remove Mr. Stanton, but also to appoint a Secretary of War ad interim. The meage was laid on the table, and ordered to be printed. lie continences by referring to the resolu tions of the Senate denying his power to re move the Secretary of War, and says that without attempting to discuss the general power of removal as to all officers, upon which subject no expression of opinion is con tained in the resolution, he will confine him self to the question thus limited namely : the power to remove the Secretary of War. The President says : "As to the question of ptwer under the Constitution, 1 do not propose at present to enter upon its discussion. Uniform practice from 'lie beginning of the government, as es tablished by every President who has exer cised office, and decisions of the Supreme Court ol the United States, have settled the question in favor of the power of the Presi dent to remove all officers excepting a class holding appointments of a judicial character No practice, or any dicision, has ever except ed a Secretary of War front the power of the i President to make removals ftom office. It ! is only necessary then, that I should refer to : the power of the Executive under the laws j of the United S'att'B to remove from office a Secretary of War." The President then goes on to notice the 1 laws bearing upon the question of the power j of the President to remove that officer, claim ing that he has a clear right to remove him under theWlVnure ol Office act itself, and that the law of 1789 gives hurt this right if the Tenure of Office law does not. He maintains that Mr Stanton was not appointed by him, and the Tenure of Office law was not intend . ed to protect such an incumbent of the War Department by taking ftom the President the power to remove him. The law takes from him the power to remove without the consent of the Senate, such members of the Cabinet as were appoiuted by himself, but ii does not protect such members as he did not appoint, nor give to tbetn any tenure of office beyond the President's pleasure. Whether the act was constitutional or not the Presi- | dent wa- always of the opinion it did not se- j cure Stanton Irotn removal, but as there were j great doubts as to the construction of law, he j desired, at the earliest p'.ssible moment, these doubts should be settled by a decision ol the Supreme Court, and his order of sus pension in August last was intended to place the case in such a position as would make resort to judicial decision both necessary and proper. IDs wishes, however under that or der were frustrated ami the late order lor Stanton's removal was a further s'ep toward the accomplishment of th-it purpose. The President say- : "I repeat that my conviction as to the true | construction of the law, and as to its cmsti tuttonaali'y, were well settled, and were sus tained b every member of my Cabinet, in cluding Mr. Stanton himself, upon the qties 'ton of the constitutionality. Each one in tutn deliberately advised tne that the tenure of office act was unconstitutional. Upon the qu stton whether as to those members who i were appointed by ni\ predecessor that act : 'ot.k from me power to remove them, --ne ot j these members emphatically stated, in the ! presence ol the others sitting in cabinet, that they did not come within the provision of tin act, and it wax n-' protection to thetn. No one dissented from this construc'ion, and I understood them all to acquiesce in its cor rectness. In a matter of such grave Conse quence I was no disposed to rest upon my • •wn opinions, though fortified bv tnv cons't ■ut omit advisers. 1 hare therefore sought to bring the question at as early a 1)33' as possj hie before the Supreme Court of the United Sines f r final and authoritive decision In j respect to as much of the resolution as relates i to the designation of an officer to act as a Secretary of War tnl interim. 1 have only to I say that I have exercised that power under j the provisions of the first section of the act ! of February. 13, 1795, which s • far as they j are applicable to vacancy caused by removals [ understand to be still in force The legis lation upon the subject of ad interim ap pointments, in the Executive Departments, stands, as to the War Office, as follows ; The section of the act of the 7th of August, 1789, made a provision lor a vacancy in the very case of a removal of the head of the War Department, and upon such a vacancy gives the charge and custody of tbe records, books, and papers to the Chief CL-ric. Next, by the act of the Bth of May, 1792, section Bth, it is , rovided that in case of vacancy occasioned by death, absence from the seat of Govern* ment, or sickness of ths head of the War l)e partinent, 'he President may authorize a per son to perform the duties of the office until a successor is appointed oi, the disability is re moved. The act, it will be observed, does not provide for the case of a vacancy caused by removal. Then, by the first section "f the act of Feb. 13 h, 1795, it is provided that in case ol any vacancy, the President may appoint a person to perform ttie duties while the vacancy ex>*ts. These act* are followed by that of the 20ih of February,lß63, by the first section ot winch, provisions is again made for a vacancy caused by death, resigna tion—absence from tbe seat of government,or sickness of the head of anv Executive depart ment, and upon ihe occurrence of such va cancy, power is given to the President to authorize the head of any Executive Depart ment, or other officer in cither of said depart, ments, whose appointment is vested in the President, at his discretion to perform the duties of said respeciive offices until a succes sor be appointed, or until such absence or in ability by sickness shall cease, provided that no one vacancy shall be supplied in manner aforesaid (or a longer term than six months. This law, wnh some modifications re enacts the act ol 1792 and provides, a* did that act for tho son o vacances to be filled, but like the act. of 1792 it makes no provision for a vacancy occasioned by removal. It has ref erence altogether to vacancies arising from other causes, according to iny construction of the Act of 1863 while it impliedly repeats the Act of 1792 regulating vacancies therein di-acribed it ha no bearing whatever up n so much of the Act of 1795 as applies to a va cancy caused by removal. The Act of 1795 therefoie furnishes the rule lor a vacancy oc casioned by removal, one of the vacancies ex pressly referred to in the Act of the 7th of August 1789 creating the Department of War, cvr-atnlv thete i no expre-s repeal by the Act of 1803 of the Act of 1795. The repeal, if there ts any, is by implication, andean only be admitted so far as there is a clear tncon si-tency between the two acts. The Act of 1795 is inconsistent with that of 1803 as to a vacancy occasioned by death, resignation, ab sence, or sickness, but not at all inconsistent as to vacancy caused by removal It is as suredly proper that the President should have the same power to fill temporarily a vacancy occasioned by removal as he has to supply a place made vacant by death or ex piration of a term. The necessity, therefore for an ad tnleirm appointment is just as great, and indexd may be gteater in case of removal than in any other. Before it be held therelore that the power given by act ol 1795 in cases of removal is abrogated, by succetd legislation, an express repeal ought to appear. Ii may be, however, that in this as in other cases of implied repeal doubts may rise. It is confessedly one of the subtle and debate able questions which arise in the construe j turn of statues. If upon such a question 1 ! have fallen into erroneous constiucti"ti, I vub- ; mit whether it should be characienzed as a . violation of official duty and of law. The President concludes aa follows : "Although I have been advised by every member ot my Cabinet that the entire Ten ure of Office Act is unconstitutional and therefore void ; and although I liave express ly concurred in that opinion in the veto mes sage which I had the honor to submit to Congress when I mturtied the bill for recon sideration. I have refrained from making a removal of any officer contrary to the pro vision of law, and have only exercised that power in case of Mr. Stanton, which in my judgement did not conic within its provision. I have acted only in an exiretne and exeep tional case, carefully following the course which I hate marked out for myself as A general rule," faithfully to execute the laws, though passed over my objections, on the score of constitutionality. In the present in stance I have appealed to that final arbiter fixed by the constitution for determining of all such questions. To this course I have been impelled by the solemn obbga'lons which rest upon me to sustain inviolate the powers of the high office committed to my hands, whatever be the consequences merely persona! 'o myself. I could not allow them to prevail against the public duty so clear to my own mind, and so imperative. If what •was possible had been certain, tf I had been fully advised when 1 removed Mr. Stanton, that in thus defending the trust committed to my hands my own removal was sure to follow, I could not have hesiiated. Ac'ualed by public consideration of the highest char acter, I earnestly protest against the resolu tions of the Senate which charges me to what I have done with violation of the Con stitution and the taws of the United States. ANDREW JOHNSON. Washington, D. C , Feb , 22ti'J, ISCB. Judge Woodward on Impeachment. A Eulogy on the l're-iiient—Johnson the Country's Ft ieiul-K sistance to Impeach* ment Advised—The Senate's Right to try Impeachment Dented. Speeches without number were deliver ed in the House of Representatives Men day, on the Impeachment question. Judge Woodward of the 12th Pi-nn'a District, spoke against the bill. On obtaining the floor lie refused to yield a minute's time to Mr. Wasfiburne, of Illinois, to conclude his remarks because of the slanders uttered against the President. Mr. Woodward argued that the rc-solulfoi) of impeachment was a mistake, and that any impeachment of the President on the idea that Secretary Stanton was within the protection of the Tenure of Office bill, wa< what Fouche, the Chief of the old French Police, would have called worse than a crime—a blunder.— Wathever executive power the Federal Government possessed was vested in the President, who was the sole trustee of the people in that regard. In the matter of appointment to office and the treaty mak ing functions a check was imposed upon the President, but even in those instances the power t-xercisid was the President's The concurrence of the Senate was only a ; regulation for the exercise of the power. — I It was a tnci e advisatory discretion, not an executive power. The separateness and j completeness of this executive power in the j hands of the President was a doctrine es— 1 sential to the harmony of the system of j government and to the responsibility of the President to the people. If Congress meddled with it, Congress became a tress passer and its act an impertinent nullity, and the President was not to be impeach ed for disregarding it. lie quoted extracts from debate in the first Congress upon the Executive Departments, and argued that that debate settled this question absolutely, and demonstrated the niter unconstitution ality of the act of March 2. 1867. He al so argued that by the very items of that act itself, Mr. Stanton did not come, within its scope, and quoted Senator Sherman and Messrs. Spalding and Bingham as taking that verv same view of the law when it was under consideration. Mr. Johnson was a man ol the Republican parly s own choosing, and he verily believed the Presi dent was trying to restore the Union, to pacificate the country, and to administer his high office with a faithful regard to the obligations of the Constitution and the best interests of the people. He seemed to him to be a true friend to the whole of his country —a faithful public officer, and enti tled to Cabinet advisers who wete his friends and not his enemies. Congress had far belter sustain such a man in his consti tutional righ's and address itself to the re lief of the suffering country, than to waste its time and the people's money in the im peachment of a faithful public effieer on charges that are both false and foolish.— At the risk of denunciation, he, (Wood ward) denied the right of the Senate to try impeachment. The House was not com posed as the Constitution required, of members 4 ' chosen by the people of the several States." Nor WHS the Senate com posed of "two Senators from each State." ID conclusion, be aid : Mr. Speaker, TERMS, $2.00 Per. ANNUM, in Advance. | sure am I that the American people will respect this objection, that it I were the ■ President's counsellor, I would advise hitn, if you prefer articles of impeachment, to demur l>oth to your jurisdiction and to that ! of thu Senate, and to issue a proclamation ; that while he held himself impeachable for misdemeanors in office before the con— ' stitutiona! tribunals, he never would sub ject the office he holds in trust for the peo ple to the irregular, unconstitutional, frag mentary bodies who propose to strip bun !of it. Such a proclamation, with the army and navy on hand to sustain it, would meet a popular response that would make an end of impeachment and the impeachers. Form of Impeachment As it is now conceded that the President is to be put on trial for high crimes and misdemeanors, it will be interesting to our readers to know something of the proceed ings in a trial of impeachment. It will be the duty of the House, as soon as the resolution of impeachment is found, to appoint a board of managers, probably five in number, whose duty it will be to proceed to the Senate, and in the name of the Hosue of Representatives, impeach the President at the bar of that body, and ask them to appoint a time for the hearing of the case, and inform the Senate that they will in due time present articles of impeachment. It will then be the duty of Senate to organize as a High Court of Impeachment, and, upon the receptioo of the articles from the House, issue the war rant, taking jurisdiction of the case, and requiring the President to appeal and an swer. It is not necessary that he should respond in person, and be will probably an swer by bis attorneys. It is yet too early to say who they will be. Chief Justice Chase will preside, and a Senate will sit as a jury. They will establish rules regard ing argument and evidence, and must de cide all points of law without debate. The rules for proceedings in impeachment trials are well established. In 1831 in the case of Judge Peck, of Missouri, the Senate made an elaborate investigation into all the precedents and established a full code of rules for the government of auch cases.— These rules have since been applied in one or more cases, and it will not be necessary to spend any time in prrliminary matters, further than to organize promptly as a court. While the Senate is sitting as a Court of Impeachment, the lleuse of Represen tatives is constructively present, and can do no legislative business. The House sets as a prosecutor in the case. Ationg the names mentioned as likely to be among those w ho will compose the Board of Man agers on the part of the House are Judge Bingham, Hon. Jos. F. Wils-.n Chairman of the Judiciary Committee, and Gov. Boutwell of Massachusetts. A Washington correspoudant, in speak ing of the trial says:—" As to the length of the trial it is the belief it will be very brief. It is conceded on all liaud3 that but one article of impeachment is necessary, viz: that touching the violation of the Tenure of office Act and the Constitution in the absolute removal of an officer during the session of the Senate. It is thonght that it should not last over two weeks at the outside. The President, however, will seek t • much greater delay. He will demand time ior preparation, and his friends assert that he can delay the trial until the end of his term. Chiet Justice Chase is pretty thouroughly occupied in the Supreme Court and in he is expected to preside at the tnal <>f Jefferson Davis on the 22d prox. These engagements may possibly dala\ the commencement of the trial, but it i almost certain that it will be 60 urgent ly pushed that it will take precedence of all other business. The Trick of Stanton and Cartter in the Case of General Thomas. SUIT AGAINST STANTON FOB FALSE IMPKIS MENT. V The continued proceedings in regard to the Wai Department in Court are quite as much in favor of the President's action. On Saturday morning before daybreak Chief Justice Cartter issued his warrant for the arrest of General Thomas, founded on the affidavit of Edwin M. Stanton, charging him with a violation of the fifth section of the Tenure of office act. General Thomas was arrested by the Marshal of the District of Columbia and brought before Chief Justice Cartter. who required him to give bail in the sum'of five thousand dollars for his appear ance before htm in Chambers to day at 10 o'clock. This morning Chief Justice Car Her opened the Crimnal Court, a term of which he is now b dding, and after discharging some business therein, stated, without adjourning that court, that he was now ready to hear the case against General Thomas, and would hear the same as a judge sitting in chambeta or simply as an examining magistrate. Mr. Carpenter, counsel for Mr. Stanton, moved that the case be continued until to morrow because of the absence of some witnesses not named, and on account of bts own indis position, Messrs. Merrick and Cox, counsel for General Thompson, objected to the post ponement because of the great importance of the case, and necessity for the speedy deter mination to secure the harmonious action of the Government. The Chief Justice pro nounced an opinion which indicated that he was about to order its continuance, when Mr. Merrick interposed, and moved that if the case was tu be c< ntinaed until to-morrow that it be adjourned into the Criminal Court. This motion was opposed by the counsel for Siamon and overruled by the Court. The opinion given by the Chief Justioe is said to have clearly indicated that he understood and meant to defeat its object—which was to get tha case in such condition thai a foundation uiiaht be laid for taking it to the Supreme Court of the United Statue at once. The counsel of General Thomas then stated that, •a bis bail bad surrendered b'uftte tbe Mar- NO. 30.