Wyoming democrat. (Tunkhannock, Wyoming Co., Pa.) 1867-1940, March 04, 1868, Image 1

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    Mmm Democrat
Ppming fjfmorat
A Democratic weekly
p.per devoted to Poll fajf-J- /j "< ,
tics Sews, the ArU *''' l
jd Sciences Ac. Pub
I w be<l every We does- fcrfk
t Tunkhannock iT^l'
Wyoming County,Pa -/ J V L- |
Terms—l copy 1 year, (in advance) £2,00; if
att paid within six months, s'2.cU will be churgtd
NO paper will be DISCOXTIXI ED. until all ar
rsaragesre paid; unless at the option of publisher.
One square "Tie or three insertion*- •• • $1 50
Every suhsequ-nt insertion less th in 9 --5U
ADVKBTISINO, as uiai be agreed upon.
PATENT MEDICINES and other adveriseuients oy
the column :
One eolqrnn, 1 yar, SGO
Half column, 1 year - • •• 35
Third column, t year,
Fourth column, 1 year, 20
Business Cards of ono square or less, per year
with paper. S3
[~F/~ EDITORIAL or LOCAL ITEM advertising - with
out Advertisement — 15 <-ts. per line. Liberal terms
made with permanent adveitisers.
TOR'S NOTICES, of the usual length, 82,50
OBITUARIES,- exceeding ten lin s, each ; KEI.I
GlOl'S and LITER ARY NOTICES, not of general
merest, one half toe regular rapes.
A ivertisemen's must be 'inn-led in bv TCKH
DFV NOON, to iusure insertion ihe same week.
JOB nouk
sf all kinds neatly executed and ut prices to suit
thv times.
WORK it ust be paid for, when ordered
Bus in ess No I ices.
n R. Si tt B ikirftiK Lit RNS
Ik LAW Office on Tioga Street fur.:; h nipcfc to
. Newton Centre. Lmern County Pa
• (tffi-e at the Court iliusa, to Caiititi- t
Wyoming Co. Pa
fioe m Stark's Prick Block Tioga .*i , Tur.
svnnock. Pa
a Loll AT LAW, Nicholson, Wyoming C.r, Pa ;
Espeoial attenti-in given to settlement ol dec c
dent s estates.
Nicholson, P. Dec. 5. 19g7—vTulJjT
T W. ifiOAW, PUY>I 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
- * - '; •
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.
G £ 17 A "if E 37 T A L
fly h\ flCGflfl, Artist.
Room.* over tht Wyoming Natiotialbank,in Stark's
Brick Block,
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.
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.
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
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.
June, 3rd, )%3
[Lateott. "BHMSAKO liorsv, KLHIKA.N Y
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,
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
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 <i> 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
©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<rhirers of cuavtrUed
piper* in A tihu /, \'. //.
" 1 had for heveral years a very troublrsome
humyr in my face, which {jrew eo.iMtanily uortie
until it my feature* and became an iutl
er.iMe aSHietiou. I tried almost ev ry tiling a man
co iM )f both adviee and medicine, but without any
relief u hatever, until I took your BAK.s \iv\uii.LA.
It immediately m ule my ftce worse, as you told me
it for a time: but in a few weeks the IU-W
skin bewail to form under the blotehe*, aud ron
tiuti" 1 uuiil my faci' is as Minootb hs any body'.
and 1 am without any Hympbmm of the disease that
1 ki. -v f. I i iijoy perfect lu ilth, and without a
doubt owe it to your SAUSAI*AKILLA."
S3rj3ipel.ia General Debility —Purify th©
Frr.m Dr. Jiisht. Snirin 9 flaustoH St. t Xetn York.
41 !>:. 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 <l'U rs worth of medieiuesj The uleers
wite so bid tii it the cords tM*came visible, and tlie
do-tors decided that my arm must be amputated. I
be'A an taking 1 your s \i;s \p\I:IIJ.\. Took two bot
t! s, and some %f your I'ff.i.s. Together they have
eu-t 1 me. I .;ri now as well and sound as any body.
i .mye se d known to every
* !. m t!ii= eommuiiity, aud excites the wonder of
I :nm If a. Il nrv .\f>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.
, , 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.
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-
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.
Tankhennoek, Dw. ?, ie77v7nl9f
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 !
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.
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,
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.
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. "
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 :
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
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 :
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,
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.
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
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.
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.