Daily Wabash Express, Volume 17, Terre Haute, Vigo County, 25 February 1868 — Page 1

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SEVENTEENTH YEAR.

TUB lliUIABM

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Oou cloMd In Mew York ye«terd»y evening

T»E H»UFFL y«teri»y PMBED ttie rttolatlon of lm^M«lnneiit'tr vote of 126 to 47.

TH*.President

of thomarllwinfc tor confirmatloh Secretary of W»r. THE CommltteeW two to announce to the Senate tin ttetiot of the Honse do Impeachment cOnaiity oMleaar*. SteT6t«, of Pa., and Bingham, Of Ohio.

BS Committee of teres, to prepare articles of impeachment con*i«t«of Htaan. Bontwell, Sterena, of Pa., Blngham^^lfnaoii, of Iowa, togan, Jnlias and ITard..

An army offlcer, on duty at the War Department, intimate^ that order* from any other furion tha* Secretary Stanton will be din-egarded by army offlcerft. 6an.

LEW WALEACE

in obedience to the call of the Commander of the Orand AYmy of the Republic, and is in close consultation with Gen. Logan.

T*« Horth Western Hotel, Chicago, was de str^e4 by Are yestewlay morning, loss 160,000, lnsKtedXor 26,000. A bain In the rear or the Hotel was also burned, and twonty-two horses were bnrned to death lost $16,COO.

THE

militia of Maryland have proffered their aerrlces to a prottioebt .military supporter of tha President, so it is reported, and this report is gi«M color of truth from the 'presence of Governor Swaun, of Maryland, who lias had an Intervisw with the President.: :r ^AMrrnpToN dlspttch «%y« sippearances indicate .t bat itbeWar Department trouble will resol** lUfelfMMly iftto a legal •truggle, wherein the m^^Q^gei $li^pa|rties will be the lawyers, and oittonl Judgment be rendered by the Courts

Ow^^gJUtovW***** which went to the Senate lltSflU adjournment, contained ttap name of Thomas mm* t« eonShtttiSii at~*Secretary of War, being too late for action, it was wlthdrpwm bat will be sent immediately to the

THK section ^F. the civil Tenure-of-Offlce Act Uffaer'which (General LORENZO THOMAS** arrested providea that if any person shall, contrary to the provisions of

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Aat uumeront'diS^Atebtis'bavs been

received at Washington from the Grand Army of the Republic, endorsing the"action of Congress. The general tenor 6f these deiimtcbes is, that nembeivof ttoeOiilid Armyof theBepubHc will nofrtee-CohgrMe '6venbroWn, and'if violence is used in ejecting Mr. Stanton, 100,000 Men are ready to proceed to Washington to put Jiunpack.

of* Mr/JoWsmMirToTIo

Senate,ih whfolflbt) toakesa laborious attempt to justify the removal of Secretary STABTOV, will be found ip our telegraphic initial ill ba jfead %ith jntereat, if not with pirftfehctf. '-'the late hour this morning at which it comes to hand precladtesaetoettttflnlrtrdh'as iswauisitq tp extended coihittifltrtf^

JWr »ptoi*titient or «m-

ploymentin i.any office^ or shall hold or exercise, of '4Uetnpt to hold or exercise •0^ idea ofioe, or employment, he shall be deemed snd is hereby declared to be guilty of high misdemeanor, and upon trial and conviotion therwof l»e^ shall .be jObr b^ a fine not exceeding en t^ouiand dollars, or by impriionrnebt not exceeding five years, or both of said p««!li*nl^ yt'tfe discretinti of the'

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QMAJOS OKKXRAL GKOJQK H. THOMAS, traeto Mil gforibus record of loyalty and patrlo|j^tn. Spurns the double brevet with wfaieli the l^cfrpous inebriate an,d wouldbe parricide, whom assassination promotitf HA»! Ohii^ Magistracy oflan fcfflic-5 hiBcould araipt the nobly earned stars of a Itl^jor General, and wear ihem with honorable pride, in the eppsoiousness that they were but the righful acknowledgement, on the part of a grateful country, of meritorious servifee. But' the botw»t instinct of the so}4i#r was quick to, detect th® OTor of irifamy in the seductive bauble which the treason-plotter of the Wjfeite House had fixed upon as his price.

IapeMhaent of the President. Pnti^Aders *will find in our dispatches thia morning, the not unexpected intelli genee that the resolution of impeachment, reported1 from the Reconstruction Committee last Saturday, passed the House yestenUiy, bjr« 'Vote indicative of entire unj^u^i^y atnong the Union members of, thatbody.

Whiie every sincere well-wisher of hh country will Vegret the necessity which has demanded this action, there will be few, if any, who wiU doubt the existence of such tiecessity^ or heeUate in giving their acquiescence to the course which the representatives of the people, acting under solemn sense of thoir great responsibility, have felt it incumbent upon them to adopt

It will probably be charged that Con* grw^r has acted with unseemly haste in this matte*,/and failed to appreciate, felly, its transaendent importance. In reply It may truthfully be said that the attitude^ Mr. Jbttusoir towards the kfislative branch of the Government, triMi Very early period in his adminis-

if., hf }4Wr

israe now reached, and that his past conn* haa appeared to have been studious^ taken with a view to the present resit. The country is familiar with the record tf his acts andis prepared lor any action oa the part of Congress in defence of Us dignity and power as the law making department of the Governi

The Lower House of Congress having determined on the impeachment it now only remains for that body to press the matter to speedy trial and decision at the bar of the Senate, and relieve the country of the suspense naturally attending the present state of things at the earl ieatpracticable moment

'Iasftne Xurder.

BAXOOI, MR, Feb. 22.—Mrs. Mary A. PeaiSy/fca mmatfe of the Insane Asylum was shockingly murdered this morning by Mrs. Catherine Hurley, another inmate, daring a fit of frenzy.

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nroiANAPOLIS LBTTKB

THK WASHINOTOH S«H6ATXOir—BUM0B8 O* WAK—THK DCMOCKAOT IRRITATED BTP RKPUBI4CAN ATMACITY—PLANKS 8T0-

LRW—IBM UPDBLICAN STATS TICK XT Ain soBstanUro* or CANDIDATBS—OBBXQVIXS FI. RILKT—WIXT STATI FAIR—MIBOKIXAHROVS.

j4Th?nce

In an article on "the Radical State 'Convention," the Indianapolis Herald says "A careful reading of the reaplu(tions of 'the Union Republican party of ^Indiana' will satisfy the most obdurate Radical that his {tarty has stooped to conquer—"- the rest of the sentence lacks rhythm.and the.proper cadence. Ftnisbed propel ly, Witlh* du6 begird to" Correct ^prediction, and all that, it would read: and the ides of October will show that 'it did not stoop in vain." THE REPUBLICAN TICKET—AND EXTIN-

Ji is /&UIBHX1) CAKDIDATB8. The Democracy, and- perhaps even some ^Republicans, -are suprised to see the satis'faction that prevails in, regard to the Stale ticket nominated last week. It is strong «nd self-supporting. It is a ticket that fwill be hoard from.in the canvass and appreeiated in triumph that will sustain itself in the contest, gather up the stragjglers, and keep the column moving steadily onward. It has a Baker to see that ithe thing is well done, and the undoubted Ability to come back and play Hobbs with the enemy wherever, he may see fit to put

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an an *ppeftrance. The party had psnty.of material ftom •which to select a good ticket, and some of jthe material that was overlooked felt pretty confident of being selected. Six or eight Reporters oi the Supreme Court, for instance, Were somewhat surprised at the result of the bstlloting. The defeated can* ididates were hale fellows well met, hbwever, and came down into sudden exjtinguishment in excellent good humor.—!Ltke Mark Tapley thoy seemed to feel tb«t tt^ras creditable to be' Joll^ ohder discouraging circumstances To thrir icredit, be It siid, they yielded haiidsomely land gracefully, Wing no appearance of aehism or dissatisfaction. On the contrary the principal opponents of the successful candidates in nearly every case moved to xnake the nomination unanimous. w. H. Riurr.

The remains of Mr. Riley were coiBignai to the tomb yesterday by the Masonic Maternity. The funeral was one of the largest ever aeon in the city thousands -who endeavored to get into the Masonic Hall to hear the sermon and participate in the solemn exercises, were compelled to remain outside and the Hall was crowded to its utmost capacity^

The great attendance of all classes of people, the undivided sympathy and touting c«remobies 41 l&elOrder to tie "belonged, «nji? af WhSch he W&' honored member, were a beautiful tribute to the an^pry ot» good pan.

THI IRKTS BOSLRD1 it jftaau ult isnt Has not yet determined upon the place

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*1«sS -JlUjEiiS «»*«t9- wff!" 'dST tin km-'it' lEir tl Ji*hS b-l i«g *tM atta/ato, «cis* Wi

INPIASAPOLIA, Feb.. 24, 1868. TVHAT NEXT?

vThe

hut sent to the SenaU th* n»m»

commotiob and' enthusfttsm caused by the Bepublican Convention bad hardly subsided when tbe public pulse began to show signs of- excitement and this time it throbbed in an unhealthy and feverish manner. The latest news Trotti Washing ton, for some time past, has been ominous. Tbe dispatches of Saturday were portentous. Bumors traveled as they have seldom traveled before, and it wasMot long until it WBB heard ilt every' street corner and" office, that Johnson had dispersed Coqgress by military fprce,

!pfaced

has arrived in Washington,

slifftoi'" under 'arrest, 'and called

for one hundred thousand men to assist him in manufacturing tranquility. Some professional news-mongers were in ,thefc element, ^nd. entirely happy.— They circulated with marvelous celerity they didn't leave aii office or a store undisturbed even barber-shops were ii^ Vaded and electrified, and razors and lather-brushes were stopped in mid-air, iwhile the human telegraphs, with batit^ries in |»eifect order, cetnniiinlcated tho intelligence,

they sought

upper fur and traveled, murmuring .new apd etr&qg^r^ and more startling phraseology as they went, until every pan had heard the story and their work 'Was done. In fact, one can hardly regret the prevhleafc&of startling, and sometimes depressing news, when it is known that some men, coming in to fortuitous posses^ iion of the rumor tear headquarters, are thus made temporarily considerable and irhatpy .l $ KJcH Al. k\

The news on Saturday and Sunday was. to no one unexpected bat none the less disagrpe4hl% ^q|uaJ .confi|ci. between the Executive and Congress may mean livil war, North as well as South and we have had enough of that. It is possible, howeyer, for-evJPts to come, in'which a "short, sharp and decisive" Conflict would be good for the country. In any event, it cannot be denied that very many who havp been opposed to impeachment n«w •ay, "let it be done) Congress shall be sustained."

THR IIK90N80IIABJLK -DEMOCRACY. VI The adjournment of the Republican Convention left the Democracy (so-called) in A sea of trouble. Their editors spout ink as a sperm whale does salt water they dive into it, and swim through it make a greaT commotion, and then come to the surface only to find some Union craft hard by ready to throw a lance and extend the irritation. l^ltfpjjfratftrnity here is busily engaged {dragging up and dissecting Gov. Morton's [Richmond ^speech, and it'teems to give fthem raresatisfactlbid and permanent em"ployment They h^ve one avocation, iiowever, that of charging'the tlepublijcans with larcetty, with stealing several nks from the Democratic platform and splKiffg lBSm'thtd tBeir own.' ^Plundered in this way the Bth of Janiiary arrangement is in danger of falling to pieces, and it infty come down before their National Convention will furnish tirem material to make the necessary repairs ITherefore tbe j^^^uses fto be comfort -STOOPS TO CONQUKR."

for holdiii^-the -nert State" Fiafe 'There is hardly any dottbft,' however, but that it wiU be beld in tius city, at Camp Morton. The difficulty with the railroads, in regard to thQtitletoUhe gronnds', and the Cost of reconstruetrdn for a State Pair, give the Board nat a little tcouhla. Another, per-!-plexity is the inadequate meaqs of reaching tbe grounds from the city and the Union "Depot. The Street Railroads are insufficient and other public conveyances do not supply the demand. The railroads interested are eh&oayoring to get the Bdard to reltnc[iuah Carpp/Morton, and purchase grounds' 'convenient to the depot, or some point easily reached by the trains of the different roads.

iMSCEttANEOUS

Mr. L. S. Newell, ofthis city, last week delivered a line lecture on "Tne Origin 01 language," before the Yo'^rlg Men's Christian Association. Although ?Mr. Newell is blind, he is. ripe scholar, a man of rare Ability an^,'literary culture, and an excellent musician. His lecturo was highly instractjye^md fulhor beawiful thoughts. ^ra£a^^.

The question now' agitating tho municipal mind is: Is afire alarm telegraph desirable? and will citizens approver condemn if a contract is awarded A great jdiver9ity of opinion in regard to the utility of suah a telegraph, leaves the question in a state of distracting uncertainty.

The Saturday Evening Mirror—-Har-ding's new paper—is looming up. .It is .gossipy,-person«1, generally interesting, and withal tolerably well seasoii^ with Attic'salt.- The proprietoM' seem to. itnow what wilFpl^selthei jpublic in the way of fresh items and" Sunday reading therefore, large editions And quick sales. .1

Eesolved, By the Senate of the United States, that under the Constitution and laws of the United States, the President has no power to remove the Secretary of War, and designate any other officer to perform the duties of that office ad interim."

JThis resolution is confined to the power of the President to remove the Secretary of War, and to designate another officer to perform then ^duties of- that officer ad interim,' and by-its preamble-is made, expfessly applicable to the removal of Mr. Stanton, and the designation to act ad interim of the Adjutant General of tbe Army.

Witmset,-"therefore, attemptfmg to discuss the general power jgf, r§flaovjU. a3 to all officers upon v^hich subject no expression of opinion is. contained in tlie^resolution I shall confine myself to the ques^ tion as thus limited, the power to remove the Secretary of "War.' It is declared in the resolution that under the Constitution and law of tbe United States the Presi» dent has no power to remove the Sfecre* tary of War and designate any other officer to perform the duties of that officer ad interim. As to the question of power under the Constitution, I do not propose at present to enter upon its discussion thd uniform practice from the beginning of the Government as established by every President Who' hfuj. exercised office, and the decisions of the Supreme Court of the United States have settled the question in favor of the power of tlje President to' remove all officers, excepting a class holding appointments of a Judicial character.' No practice, or any decision, has ever excepted a Secretary ot War i. from thi| general power of the President to make removals from office. It is only necessary then that I should refer to the pewer of the Executive under the laws of tbe United States to remove from office a Secretary of War.

The resolution denies that under these laws this power has any existence in other words it affirms that no such au. fhority is recognized by the statutes of the country. WJi^tltben are the laws of the United States tyhifch deny the President the power to remove th*t officer? I know but two laws hoaring upon this question.

First, in order of time,'#' the act 'ol August 7tb, 1789, oreatiQg -4^ie' Department of Warj .which after-vro.VjfdjBg for a Secretary, fe its principal tiocSeds as follows:'

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MM j.-c. B.

r. S£8'« 1

BVTELK(iBAPII

Message from the President. WASHINGTON, Feb. 2i.—The President ito-dayj sent to the Senate thei.following Message, which waS^ead- in secret seSsion,-laid on we table arid ordereii'to be iprirjted. The Senate removed from it the ii^9iictiCn.of secredy: Zbthe Seftete if- the United States i- tr? t-i

I have received a copy of a resolution, adopted by the Senate on the 21st inst., as follows":

WHEREAS," The Senate have received and considered the communication of the President, stating that he had removed Edwin M. Stanton, Secretary of War, and has designated the Adjdt'ant General of the Army to act as Secretary .of War, ad interim, therefore,

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-Sectipn 2d, A.nd be it further-«naeted, that there shall be in said Department an inferior officer appointed s^icT pi-inoi-pal officer to be employed therein as. to shall deem proper, and to be called Cl^ef Clerk in tb9 Department of War, ana who, whenever said principal ofDcor shall be removed from office by tho President of the United States, or in any other case of vacancy, shall during such vacancy have the charge and custody of ull records, books and papers] appertaining to said Department. r'

It is clear that this iact passed by a Congress, many of whose members participated in the formation of the Constitution, so far from denying the power of the President to remove Secretary of War recognizes it as existing in the Executive alone, without concurrence of the Senate or any other department of the. Government.

Furthermore, this act does not purport to confer power by legislative authority, nor in fact was there any othor existing legislation through which it was bestowed upon the Executive. The recognition of power by this act is, therefore, complete as a recognition under the Constitution itself, there was no other source or authority from which it could be derived. Tho other act which refers to this question and that regulating the tenure of certain civil officers, was passed by Congress on the ad day Of March, 1867. The first Section of that act is in the following words: "That every person holding any civil fflice, to which he bas been appointed by and with the advice and consent of the Senate, and any1 person who shall hereafter be appointed to any such office and shall became duly qualified to act therein, is, and qhall be, entitled to hold office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided that the Secretary of State, of the Treasury,* of War, of the Navy, of the Interior, the Postmaster-General and Attorney Genev ral, shall hold their offices respectively for aod dttrfSg tW termjof the,R,o!|dent„)by "V'T .Art

TBRRE-HAUTE [ND1ANA TUES DAJ MOIINENG.

whom they may have been appointed, and for one month thereafter, subject to removal Ty and with tho advice and consant of tbe Senate."

H10 Pourth Section of the same act restricts the term of office to the limit prescribed by the law creating them. That part of the First Section which precedes the proviso declares that every person holding a civil office to which he has been or may may be appointed by advice and consent of the Senate shall hold such office until a successor Bhall have been in like manner appointed. It purports to take from the Executive during the fixed time established for tenure office the independent power of removal, and to require for such removal, the concurrent action Of both the President and the Senate.

The proviso that follows proceeds to fix the term of office of the several heads of Departments whose tenure never had been defined before by prescribing that they shall hold their office respectively for and during the term of the President by whom they may have been appointed and for one month thereafter subject to removal by and with the advice ami consent of the Senate thus as to these enumerated offiecrs the proviso takes from the President the power of removal, except with the advice aed consent of the Senate. By its terms, however, before he can be deprived of power to displace them it must appear that he himself has appointed them. It is only in that caso they have any tenure of office or any independent right to hold during tho term of the President and one month after cessation of his official functions. The proviso therefore gives no tenure of office to any one of these officers who has been appointed by a President beyond one month after the accession of his successor. In the case of Mr. Stanton the only appointment under which he held the office of Secretary of War was that conferred upon him by my immediate predecessor with the advice and consent of the Senate.

He has never held from me any appointment as head of the War Department whatever right he had to hold the office wag-derived from that original appointment and my own sufferance. The law was not intended to protect such an incumbent of the War Department by taking from the President the power to remove him this, in my judgment, is perfectly clear, and the law itself admits of no other construction. We find in all that portion of the first section which precedes the proviso that as to civil officers generally the President is deprived of tho power of removal, and it is plain that if: there had been no proviso that power would just as clearly have been taken from him, so far as it applies to tho seven heads of Departments but for reasons whicn were, no doubt, satisfactory to Congress these principal officers were specially provided for, a,nd as to them the express and.only requirement is that the President, who has appointed them, shall not without the advice and consent of the Senate remove them from office.

The consequence is, that as to my Cabinet embracing the seven officers designated in the first section, the act lakes from me the power without concurrence of the Senate to remove any one of thom I have appointed, but it does not protect such of them as I did not appoint, nor give to ^them any tenure of office beyond my pleasure. An examination of this act then shows that while in one part of the section provision is made for officers generally, in another clause there is a class of officers designated by their official titles who are exempted from the general terms of the law, and in reference to whom a clear distinction is made as to the general power of removal limited in the first clause of the section. The distinction is, that as to such of these enumerated officers as hold under the appointment of the

President the power of removal can only be exercisod by him with consent of the Senate, while as to those who have not been appointed by bim there is no like denial of his power to displacn them.

It would be a violation of the plain meaning of this enactment to place Mr. Stanton upon the same footing as other heads of Departments who have been appointed by myself. As to him, this law gives him no tenure of office. The members of my Cabinet who have been appointed by me are, by this act, entitled to hold for one month after the term of my office shall cease, but Mr. Stanton could not against the wishes of my successor hold a moment thereafter. If he were permitted by that successor to hold for the first two weeks would that successor have no power to remove him Bui tho powpr of my successor over him could be ho greater than my own.

If my successor would have power to ramove Mr. Stanton after permitting himto romain for" a period of two weeks because he was not appointed by his predecessor, I, who have tolerated Mr. Stanton more than two years, certainly, have the samo right to romove bim, and upon the same ground, namely: that he was not appointed by me, but my predecessor.— Under my construction of the tenure-ol-office act I have never doubted my power to remove him whether tho act was constitutional or not. It- always was my opinion that it did not secure him from removal. I was aware that there were doubts as to the construction of the law, and from the first deemed it desirable that at the earliest possible moment theso doubts should be settled and tho true construction of the act fixed by decision of the Supreme Court of the United States.

My order of susponsion in August last, was intended to place the case in such a position ns would make a resort to Judicial docision both necessary and proper.— My understanding and wishes, bowover, usder that order of susponsion were frustrated, and tho late, order for Mr. Stanton's removal was a further stop towards the accomplishment of that purpose. 1 repeat that my own convict ons as to tho true construction of the law as to constitutionality, wero well settled, and wero sustained by every member of my Cabinet, including Mr. Stanton himself. Upon the question of constitutionality each one in. turn deliberately advised me that theTenure-of-Offico law was unconstitutional.

Upon the question whether, as to those members who were appointed by my predecessor, that act took from me tho power to remove them, one of those members emphatically in the presence of others sitting inL Cabinet said they did not come within the provisions of the act, it was no protection to them. No ono dissented from this construction, and I understood them all to acqaiesce in its correctness. In a matter of such grave consequence 1 was not disposed to rest upon my own opinions, though fortified by my constitutional advisers. I have therefore sought to bring the question at as early a day as possible before tho Supreme Court of the United States for final decision. In respect to so much of the resolution as relates to the designation of an officer to act as Secretary of War ad interim, I have only to say I have exercised this power under provisions of the first section of the act of Feb. 13th, 1795, which so far as they are applicable to vacancy caused by removal 1 understand to be still in force. The legislation upon the object of ad interim appointments in the Executive Department stands as to the War Office as follows:

The Section of the act of the 7th of August, 1789, made a provision for a vaoancy in the very esse of a removal of the head of the War Department, and

L3L3Lfll

a vacancy .gives of the records, books.afld p%-

upon such and custody pers to the chief Clerk. By the act o£ U»e 8th of May, 1792, Section 8th, ft'la Jpttf vided that in case of, vacancy occasioned. by death, absence from the seat of government of sickness of the head of tho War Department, the. President ttajf thorize a person to perform the dtgtefijr the office until a successor is appointed, or the disability removed. The lidt, H' will be observed, dOtes not provide, for the case of a vacancy caused by removal,

By the FrstSection of the apt orFebfiiary 13th, 1795, it is provided that yvj?asp of any vacancy the President rasyappkint a personfto perform the duties while the vaeancy,exfet6. The actR are/eilpwed by thajt of the-2d* of February 1863, by th£ fiirst-section of which provision is agaih made for vacancy eaused by death,« resignation, absence from the seat ofGoy-j ernment, or sickness of the head of a flyExecutive Department, and upon the oc-i currehce of such a vacancy power }*1$wnj to the President to authorizefthe, |i»a*ofi any other Executive Departmetfl? *Or} other officer in either of said department*,? whose appointment is vested in tu0^ I res-• ident at his discretion to perform the a unties of said respective officers until a SUM cessor be appointed, OT such absence or,

inability

by sicknessjshull cease, pM'

that no one vacancy-shall be supplfe

the

manner aforesaid for a Ion gee than six months. This law with somo modifications re-enactB the uct of 1(92, and provides as did t^ttt act for the sort of vacancies to be filled, but, like the act of 1792, it makes no provision, for a *vacancy occasioned by removal. It. has reference altogether to vacancies l&mvjg from other causes, ,e\u

According to ray construction ofWo act of 1863,-while it impliedly repents the

act

of 1792 regulating vacancies therein^ doscribed, it lias no bearing whatever, 1 upon so much of the act of 1795 aS appnesi to a vacancy caused by removal. The,

act of

1795 therefore furnishes rule fo.r:a!

vacancy

occasioned by removal and

cancies oxpressly referred to in tho act of 7th of August 1789 in creating the .Dft-' partment of War.

Certainly there is none expres^&Jf there is any by implication, and ean only be admitted so far as. there is a cleaHCM consistency between the two acts. The Act of 1795 is inconsistent with that of) 1863 as to a vacanov oeeasioned by death, resignation, absence or sickness, but not( at all inconsistent as to a .^acrfneyt ^yj removal. It is assuredly proper that the" President should have the same power to fill temporarily a vacancy occasioned bjremoval is he has to supply a place made! vacant by death or expiration of tjrm. If, for instauce, the incumbent of an office should bo found wholly unfit to execute! its functions, and the public eervicei should require his immediato expulsiojg, a remedy should exist and bo flt once &p-j plied, and time bo allowed the President, to select and appoint a successor as is permitted him in case a vacnncy is caused^byj death or termination of official :teran—J

Ths necessity therefore for.an ad inierimh appointment is just as gr^and .iMdeodi may be greater, in cases oi rCnfovu tifar in others. Before it be held thert?lVTe thni the power given by the act of I 95 cases of removal is abrogated by .^uccoed-j ing legislation, an express repoal nughl^ to appeor. so wholesome' powef Should! certainly not be taken away.by l)We im-| plication.

It may be, however, that in this_ as ln| other cases of implied jeponl, dnbMS 'mtfyj arise. It is confessedly one of the'snlrtlo and debatable questions which arisHo the] construction of statutes. If uponjiflc.h a{ question I have fallen into an orrflneoitsl construction I submit whether it Bh-.uldj be characterized us a violation of official duty and of law.

I have deemed it proper in vmdipffijjh of the course which I have consiaereajLtj my duty to take, to place before Uie Se)i-| ate the reasons upon -which I liaveiBaeedj my action, although I have been advised! by every member of m.V. Cabinet that ith$! entire tenure of office act is uncoiretitu-1 tional, and therefore void and although I have oxpressly concurred in that 'opin-| ion iirthe veto meEsage which I hud tho» honor to submit to Congress when I.re*| turned the bill for eoneidoration, I have! refrained from making a removal' of any officer contrary to the provisions of law, and have only wxeroisedi jhat power in the caso of Mr, SlaiHon,: which, in my judgment did-n^'i Wrote within Its provisions. I have oipdeayorto proceed with the greatest HrcutDspt5ft 1,ion, and have acted only in an extreme and exceptionable case, and carefully followed the course, which I 1'avejmirjwd out for myself as a general rule, ftithtully to execute all laws though ptisa^, ovor my objections. On the score of constitrttionality in tho present instance appealed, or sought to appeal, to thufc final arbiter fixed by tbe -Constit^tionsfor the determining of all siichyquestl^ni'.s

To this cousre I have been impelled by. solemn obligations which rest upon mej to sustain inviolate the powers of the! high office committed to my han^fe whatever may be the consequences mere^j ly personal to myself, I could not allow them to prevail against a public duty »oi clearto my own mind, and so imperative, if what was possible had been certain.— If I had been fully advise.!, when 1 removed Mr. Stanton, thaUn thus defending the trnst committed to my hands my own removal was sure to follow I coujd not have hesitated, being actuated by public considerations of the higUest char-j aeter. 1 earnestly protest against the l'teolution of the Seuate, which charges IRO what I have done with a violation of ftfo Constitution and laws of the United States. ANDREW JOHNSOHU' .Y^ashington, D. G.,F«V 22,1.868.

The Secretary of War Question'. WASHINGTON, Feb. 24.—Tho President, j. to-day, nominated to the Senate Thos. Ewing, sr., of Ohio, Secretary of War in place of Stanton, removed also sent an Executive communication in reply to a' resolution recently passed by that body arguing and insisting ho not only bad the! right under thq constitution and Tonure of Office bill to romove Stantori, but alio to appoint a Secretary of War ad interim.

Everything was quiet at the WatfDer! partment this morning. Mr. Stanton re mained thcro all night accompaniod^by! his friends.

Gen. Thomas made his appearance ttt the Department this morning and immediately informed Mr. Stanton ho was directed by the President to assGMe charge of the War Department, and made a formal demand for mails and other property pertaining to the office. Mr. Stanton refused compliance, and ordered him to hip duties as Adjutant General of the Army, which order be in turn refused to ubey, and shortly afterwards Gen. Thomas left the Department and went to tho President's House, where he had a Bhorrrptrfview with Mr. Johnson.

Jqc

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eq 1 In to

Riill i1 OsS— .ti t. 1 inn fESf tiYobk,! iF«b. 34W-Thft, Washington special statCft^tj*t ances last lMQillfcinrlH?ftWyl thitf' y*' DepartmenT^Fouble will resolve itself final lyi in to AJeeal Wrtiggle, -Wbei^n thq nloatr bBlljgwenif pAttietf Wijtyb* M»*Mwthe^Mnqfe judgnjenisbft^ndet^o •te(h$ courts baleadad&'by t»j^*ngwnaig sdmte^o&OTBaNHapdiett 7byt*.'? I -.a tHatoa sjj ea .7 id

tSBVoxQly-uloae,

iftH inj

l^/HLure devolQp^Qent .of this^igigreef

sbftll d0r gatjsli a iijiw too eioid be* •«&a 0- 3 HKCRKTiilSK«i9T5|irrONiOii'V -iiiT SfW'rftf "mtertiefw- With SeerMstayf&aflton

:5vith

the Sftnr«f'"eotrespondoflt, t*b ^fornrtii siffted "he tiftet'fi&S iaBUed- art'y order 'io pifej veni? Gen 'Th^a^entorrngi.fee'W*? partment. Ho also stated it was impjfeSi-J ble to sav A**—uld take Thoma,s "insisted upon ^sumjngJ.h(j dytiei Qf'tho1 War'Sfe ^ctiwi Vsll

.YiFJlj. wi.S[ moil noiiieoqoiq -giiiwoi odi lo #n^A "I /THESNMJPIBOPRESPOADDNTP "M.:

V"T~

'Its 7/

Secret

s-df

i&'ifame'Wtha subordi^ gweraj worM

partment, issue ordefs in PresidenyfflWBitaifctll

pi"'t|»q,Dw#r^ng£ 'Of cot^sVlt.^ill 1f4 very uupleassn£toO»e K,#fd a

my.qpd.ur-l, J-l. njjy. jp I S J^vft^^^fer^r^gp.urce tau^e tftq iVder tnem

Qf.my. own,

,INF^FEI

thttt iiaqn%qpu*!^ a^e't been ceWed fiband Aimy'iof i'thceRt-) tpuhlic, 'a!'i'sbcr«c jaitttary 'orgj»iii55*tigii fWlthr-P'osts e&lat)lisheel-i -*11 pkrtsoftha 'tjountiiy eniioraingithowjfionid'PCShgreBB -The getiferal tewot ofithfiBo idefepitches' isi thtob the 'iniBM bate of(«he' Gaandr Army if tWliepublic^watt itift-see Congne^g orer-j :thr®!waraird if tiolfinco is qsad in ejedthre

Mr. Stantonyil^OtiSOO" men. are !^eady td come to W-aahingtbifc^ata^ put' hitii bfickj ^The««iar^.rectorted.?is in at great "state Vof e-tistementrTansb iB aiqmimotialy-TOtolv-iid OxlAke^id^E With thofcpoHcy'of ?On--graife'and defend :it in alt^tts mea»ure9, iif alfairs are brought to suclHan. extremity.

MR. ETCMA'BOGL&KN1HIR'"'

OF WAR.

Saturday, the message which went tWe Sen ate1 after -ifi^idjyaVntoefifcfcdn t&inei the'nimo of Mr. EW&g foVBbhfi^nialidti rjfe Sberctdry'^jf WSf bwtig too* fate flbf ^tioh'l8eAiwd^, itrWas #)ihd¥tf#n,".^ind will ngrtin be sent in Monda^r-Mrj Ewing •haS tttitified tb^P«^n§%hW«WwflT ftc{ cept the appohfilnehfcSoo

io^aga833te jeoi loV. itjiv ii

^rd'^sXJWW^ny^jfher. 3e«S9 th%i^ $ qorei '"s-lievdis 1M*

with ihe WesidSilV

disreg^iie^^y

Ao^e'e^ joiwf.'sd djiw a&{\

MtlRTUAJTEl

ao^^ifsiKKii

Hi a j-jov wslfiix Wtt- Acdi s\ ot Ge-n

:Wal

tftarjfiy od-ftth

W fst ji% 9^4jj8flqftitQj.^iij«i»tt!o£,the:fiomi

.p^bliovaod .is fWflSuitatk»t»!=.w?ftl| j^jn. M* mb aid ic Q-xiO'WAiiiRi'irtftr "-Th otnas ilI: flip, ^fbr-a wrlt crt"- ijuo0^4mintcir'J

jir^^ Oglesby .gn Sat 11 cJ lowing,, ^espatq^^to

r.vH

Postmaster General Randall and Secre tary Wolles were also with the President this morning. Senator Dixon also bad an interview with Mr. Johnson. -««*». «•.

Fire.

CHICAGO, Feb. 24.—The Norliiwfettrn Hotel on west Water street.was dpa&md by fire at 4 o'clock this mornings I Hdfes $50,000—insured for f?3,000. A^Jarg^ barn in the roar of the hotel belonging to A. G.Couvson waS also destroyed twentytwo horses ware burned to de»tt)v ,'Cdty^son's loss not less than $15,000. Wtaw-

asv svijo:

i, :,Attorney 'Gte4?««b fitaanhp-js states thai itb^iWhols aifctijo-Wfillq^oilbttledt' with on force^ but fibg*eafede«l»tSstei JwithLtho pm-j & 6 be ii & 0 sr

By Cuban Cable.

Nf nw ions.. JP'uU. 54:—A' special from ^^Domin^i-H«\'aaa:«nd Pockil4ia tc the ^eraliJl .st^tss. MjlitarjfjCqmmisffiission for ^he trijil of crimes were very active lh Havaiih. Arviifr'derti* ^BoVobi-j milted his crime on !thsi£%h."was tried garrqted on the 13tfi, .j .: 't

Saiita Anna and other Mexican nota-i bles addressed the XVpo^ congratulating 0 fits bles^fiVfJ

mirrgo tile people wero qxtrpmejy .djjci tented ofdtjrs Ifad been received in Pprto Kico to'suspend advertising for tenders to lay a Cable to S^Tfromas.

AcdW •'df

B''

Fr^m Springfier^f.', [.GKIELD, -^.R^UOVWRN-' (.w^y sent -ihe fol~

,i»qq-vil ,isoihniifl: ou Andre\y Jobnpon

g'The^assun^ptions

^Q^rj^ted^proffMUtdin t,hi)» otatfQ ^isdast^aqt iB. thajti.of ft [tr^ifrorl, jTjs ^ourse miiat b? chotikpd. The, duty of ^"Jtres?8ft»etps plain-.j Th«* people .of .Lnin«^,^agi.ed-ltp the U|iioai,' 1 firmly: bel joyb wuj 4fl^a^d. Wsj vpflachn»e»t,. .agul will Wajfcily sustain ^|tiBfl by our Congress. The peaca, o|,,the country is not to bo trilled jvtkby-this presump-j .|iou» jlqnMgogue.. Wa-,^oy.Jhe iyoion-, ,at Congress will ,proceed.^^jllians ol: joyal^icaijte panting stand by tbe ^tars and Stripes. I have no foar all will boi "weTTTIRBdrty and ord^ wifl 'again**"^t-j umph. Adjutant General Hayne also) telegraphed General Logafl' fo Stand?

public1 and the loyfcl pedpl'o of his consti-i .Uifggy,, ^hioh, embrftpe9 tho entire ^H%t^.|

WASHINGTON, Feb, -1.—The House! reassetabled at

10''

:d'clocte

ind resumed,

consideration of the* impeachment reso-i lution. The interval between this hour findlibon befh^' t^cSnic|f{^ fagarfed.is, belonging to tbo session "of Saturday,! the^daaka-^f«^bwa wo»oya*y:epyely

JftCkson, "ilichigSkB, Sunday, da«troyed a block ^occupied. the. People's National k/ ind: o|hBfs, Loss. $7^,01 Bank, sured at $4jj,g00^ stove pipe-

-COVOBESBlBfrAiV.-

r. Xte Housp^^nside^ion ot tbe peaenment resolution was resumed. MH-'ASblfey, of Ohfo opened fhe deVat 1 "festb reiteritioivof tfes clmrge*. agiNos. the President, he made wbeiv the-, D^P

Sore^1^^9^ ^«^?lthe MrrVKbk fomwW,:^rfrfg ident not only- vtotatad' tho ^Tannreuat 14W, «ut,h«d ese^cised warranted bx.the. Con^itation.sod: laws jffr. Bpyer Spbtt^ itfkinsrtne resolution sayihgtbeHoiaewai debair^d fh«dcife viewing the cbarges abead^ paisedo upega

ed th^law had naf "bfeed viW»ted

believed the"pablto,r,ifalfl!P ntidy ftr- thi event. IJI Messrs. Beaman and Price followed

Mr. Wilson, of Iowa, moved to reconl Bider tha vote by which the resolution waj agreed to, and also moved to lay the ou tion to reconsider on the table y'tbe lattfe: motion was agreod: to, this being thef patliamentary mode mf mnki ng a deouidi: final. -y- A VI!?'-I MW

M^. Stevens, of Pat, ti the^otnoredxAh flowing resolutions:*. dun ,Jf#e Resolved, ThSt a committer of twor .l| appqinted to go to the Senate-. aind -bsBtr thereof ^n.tfhe name of the House Eepresentativos, and of all ef- tbfl^pwafli of the United. States to knpeaeh: Andrew

Senate take order feittfle appwrrdSc 'tif md Andrew Johr#6n11 to1 kfi'sWSr-' M^aatenent. Oed? t^qi.'nwTn!«.c^ ^'Mr. o/^ejC M,tT^Dtto§4tddlto prepare,

JQrj ftrtlclya of ,raD^cnn«nt.: ffiatn idre? JofifiSAk Pfesident bf.lh$ _-4'e4 Witb^Ower i'i send'i tor:' piiMt?

Democratic members attempted ta sort to filibustering^ but- wero eut'.off af ter an ineffectual effort, te:- a. mo^on tc suspend the rules so *s t$ p»ng thj», Hous immediately.jto a ypto oi^^tbe resolution Th'o rulaB wore suspended, and the W lutions adopted, yeas 124, nayqr42. -Tii speaker then announced the tWflTCommittees aa,foliov^f

Committea Of two toiannonnevto th! Senate thepbtion of tha* HouBe-—Meerrs atevans, of PeB^Mylv8nis, and Bdhgbaxb of Ohio. 1

Committee of seven to prepSre artiiilei i^e'ac&m&nt^M^iS. watWWj' ol MSssachusett^. ^er^ns, of Pennsyfvwm BlnglSm. of l&hfSj ^iTsott, of IowS,c IS)gati, oF'Illinof^1 Jiiliilh, of lrtdiahaJ Mc •Wardj 'df New York.' .-

TheHonS^then, at 'mirrcttes paSt 'E

JfTU i" SKNATE./- .r fMr. Williams ibtroduced' S SHt prOWi riding tbaVno amendment" "SW&nte CbnititUtion! abrWgitvg or cbrtaiUftg the poHtyalirights or privileges of cltfeehtf fef tbe Ufr^ted States Shall be Talid Vtntll' thc same is submitted to, and Approved by|

Congress wHich Was referred to tfife ju-j id oh it

(%miciittfee. ^i

',000. In-

^.yhe fire a

rxKtv m-

WASHiHWOKy Feb. 54.—The impeadUh pysgl ^h^Ho^p ,b^a Jr-STie*')3«jM t*tf* w»aqmtfai&r

FLOUR—Close gra*«ft«ato8 Ml

!"becStt6i

-Stanton was not sppftintedbp JyohaMAie Mr. Kelsey auppor^d ^.j^^utjon ai to tbe appointment ofStanton. Mr. John sdii "irss merely V!^ 'President: kct!hS'la Presidentthere was do fortJe ta»Mi Boy?rpoUit he urged tjiat the .,^N»o impoachment was a crilninal c^se. an( the court must have 5uri3dictuin of (h •'person'' Bf tbe crinrinSil and control hi movements the criminal therefore hai

the same side: Messrs. Cooky -Ketoeyj £ak%7Baadiai f^nd Blaine spoke in favor of impeach mont: on-

Duiing the deliveay.iof Mr ." Washburne's speech in .favor of impeachment the. hour of 13arrived: when the-sesaibi of*-Saturday terriitbated! and' the* regtd^: session'of Monday commenced.

Mr. Woodward obtained theu .floor* ne ftising to yield.a fefwi cinidutea timerti Washbume to conclude hi* remarks be cause of slanders uttered by hhir-' sgaiqs

Mr. Wilson of Iowa, Chavrtdab^ df' Ihi Judiciary Committee, and MGNTSV Wood' bridge, Miller and Jndd spoke i'ln Ikvdt aod MessiBr Boyer Wood, Pruytk Stokes Nicholsaul and Eidrldgs W^aink taptfaeh t^onU!"'"-*'»f,fsl£ -a .is'

Mr/Steve^' ef« PeuiiijPvmnia^'-doax tha "debfttei The reading hi^ irfpeoil was conelucted ftt two^ ihiaute? o'clock. rn«h-T' .,.1

Tbe House thetl -proeeSded «eridgwsa trdt suppressed excitement, to vote' on th resolution as folio ws

ident of the'D'nited Statea, be impeaphet of high crimes and piisdemeaiiora'. ,' The Speaker stated., tliat he C0ul4 n.o CDnsant_that hfs, coMtitiieSts,1 JSfiouKr silent bn "so^ive* an p^fcaflcSf,* theretb^i as a.mcmbbr of the ,H9uso lie yqtficl dp Tho vote resultedj ayCs 156. soars'?4ft* 1

uvTtieijQ^&n^»ment

-q won

C« [SornerSth a: ^21

I Uh'i!*a

sr^™rrr,rp^«r«a s.f'" the Hwise against the impeaetaafent jeeD liftiOTti.^.'i n. -w. .iJnoi- "Ki.^OJil ai

of thft^fUfcelttJ^sc

qo'ma^l&et^lqin, but tbe imn^eiue en^ ,th^. gft^eries an c.or/idprsall day graqpally dispersed,tiy \yas. reduced to lees than qn^-foujtiijlt original number.

"'-Mr. Sumner presented at petlttofi '1M)M the'eting of citizens pt Alabama. 3?ebrii-j ary 14 th, prayfiog ittimediate acrtaifesldr* bf the Smiathrs attd ftepres^ntatfv^s AlabamH- to

Judici

•f-r.

On al^pn of Xr'. Jcdniuni took up. the bill ta. 'regUlate preientatu,-. fjf bills to the Preside arid.return therej Mx, '-fr ."! A i- ,.p O-W I ?ilr. Drake suggested the bill was del oient in allowing some person outsidet»l Congress, to-wit: th#-'3ecretary of Stat^ to aScettain mid declare when a bdlwhaal become a law. After considerable- dil4 cu88ion, durine which Sunlner hdpedt!a| provision would be inserted to 'inake: ai bill vetoedAfiiiXfi^QugM».ftULbills alreadypassed at this session, including, for ex-i ample the bill to Beetle equal rights inj the District of fltdianbi®.f »o

nil# tbe S^nj^f

The "Senate then, on rt^otfcfi' bf '-Mr.i Doolittlo, postpoiied all otbir ordeftfe «nd' tbbk up the sdpplementary recohstructibb bill" the question Was" oh a moticd!St8 re'e¥ it to the Judiciary Committee wftn certain Instruiitions.

occupied at ffic,openings Droceeain^.J^ut tfHiy seat irl tAiPganenfls saVe 'smire in the-diplomatic gallery—was filled-. -The'

T- r.^a!AfEfiy«gf

Mr. Doqlitfle spoke in oppositiotr to'tfief "biii: ,. V"'

l^^Cot'-!)fBoi^/prM«QMd,!

'and announced, tnat tde joint resoiurirfn' passed cfc tfie'fttlr 6f 'February authori?-' ing tbe Secretary bt War to emp%| nnnnsAl to flnfnnf) mrtAin GoneraU 0n-

eonhsel tp defend (Certain General* JgedTri the execution of reconstruction. ,„w^,'bad become* law, not navin^_Bwek "r^irSed b^ the tfbC fixed by lawH of Mr.TDoolittie's ienfiarl«, Jtftth«.oposidp«ftian c^ t|)e ndueQt Wponfsd till ^o-anonroy ftnd. atc2fl utBs to'^ on motion of- Jp. Jo^sbj

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eq MXS5S81

#B#^Y

Johnson, Presidont of Uifi'United Statoj of high-crimes ami misdemeanors m.onfc4 fcelai vaoi vtiaJ eruff and acquaint the Senate that the :HOMP of ^-"p^pnt-fttiffl^ fill '".due time ex hibit particular articles Of impeachmeni against him, and make good the sSme ai»d that the com to it We^db demand t&i

JB&SlFflSS

N-'-.-ra

'sera^Htl

jmessages^lu" writing from the fteVideptj 'and announced^hat tho joint resoluH

ti io

to4m»$ani* edT. doi«l£ dJC I voO ajsilltrtS adi dii» JonJcoo nbav

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incladiuKB^^Jjg^jyuJjijyj^^es Imported.

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