Indianapolis Daily Herald, Indianapolis, Marion County, 25 February 1868 — Page 1

SUZIVXAJMr OP. NEWS. —Gold olooed In itew York y«*terd»y «t —1 he body of a anan nunod Kennedy wu found under the brtdfe of the Chicago and Great Western Railroad, at Kokomo, yeaterday morning. The rappontaoB if that he was murdered and planed there, to give the Impression that he had been accidentally killed by the cars. —A lire In ShelbyTille, on Saturday night, destroyed maral buildings, among which were McGuire’s carriage factory aof a bakery. —The Northwestern Hotel, Chicago, was destroyed by fire early yesterday morning. Loss, f60,000. ▲ large barn fh rear of the building wee also burned, and twenty-two horses perished In the flames. Loss, $75,000 —Mrs. Mery A. PeaSlee, an Inmate of the Insane Asylnm at Augusta, Maine, was murdered, yesterday, by Mrs. Catharine Hurly, soother Inmate, during a lit of frenzy. —A fire In Jackson, Michigan, destroyed the Wilcox Block. Loss $70,000. —The Senate referred the nomination ol Hon. Thomaa Kwlng, as Secretary of War, to the Committee on Military Affairs. ' —The committee appointed by the House to draft articles of Impeachment conststa of Mesors. Boutwell, of Massachusetts, Stevens, of Pennsylvania, Bingham, of Ohio; Wilson, of Iowa, Logan, of Illinois, Julian, of Indiana, and Ward, of Hew York. —A fire at Dunkirk, on Sunday night, destroyed property valued at $50,000. —A maae meeting In support ef President Johnson le sailed to meet at City Hall Park, New York, for to-night. —A rectifying establishment In Hew York was demolished last night by the explosion of a still. —The murderer of the Syuabb family Is to be executed at York, Pennsylvania, on the 31st of March. —Both Houses of the Hew Jersey Legislature have adopted resolutions of sympathy with the President.

INDIANAPOLIS DAILY HERALD.

VOLUME 3.

INDIANAPOLIS, TUESDAY MORNING, FEBRUARY 25, 1888.

NUMBER 106.

TELEGMPUIC reports

For Attcrmoon ISiaputcbe* Mee Third Pate.

CONGRESSIONAL. Fortieth 0 ongress—Second Session.

SEHATK.

WasUiN’OTON, Monday, Pebauary 24.

Mr. Wilson presented several petitions for

the removal of political liabilities. Several remonstrances were presented

against the bill in regard to commutations ot

payor army.oflloer*.

Mr. Sherman presented a petition from citizens of Ohlh for the exerrtse of economy in the administration of tho Government, and the revision of revenue tariff*. H-.ferred to

Committee on Finance.

Mr. William* Introduced a bill providing that no amendment of any State Constitution, abridging or curtailing the political rights or privileges of citizens of the ratted States,

shall be valid. | H

Mr. Sumner introduced a bill to renew the charter of the City of Washington.

of any political organization who dare call at last find ourtrives compelled to take Its vary

upon Congress to sternly do Its whole duty, | drugs.

and purge the cspltol of the crimes which now | A decent reaper t for the Executive officer, defile the nation. , a patriotic effort to avoid a collision between During the delivery of Mr. Washburn*’* I twodepattments of the Gkverament was ever speech the hour of twelve arrived, | mar<lfested by this housed It eeems to have when the session of. Saturday terminated lieea strangely misunderstood by the President and the regular sessien of Mondaveommenced. by refusal to report to It, even while

Mr. Woodward obtained the floor, refusing ame: to yield a.iew minutes to Mr. Washburne to

bU JiClU. A 1CW MliUUUSa LV aULI » vf 19UUUIUC IU conclude bts remarks, because of the slanders uttered by him against the President, and proceeded to address the House against tbo impeachment resolution. He argued that the resolution of Impeachment -wae a mistake, and that -any Impeacinnimt of the President on the idea that BagreUry Sun ton wfSTrithln tbo proteettou of Ote tenure of effico orll was what Foucbe, the chief .of the old French police, would have caltad worse than a crime, a blunder. Whatever agacutlve power the Federal Government possessed was rested In the President, who waa tigs sole trustee of the people in that regard. In the matter of appointment Vo offio«,and the treaty maktng functions, a check was Imposed upon the President, but even In these Instances the power exerstsed would bo the Presides The concurrence Of the Senate was only a regulation for the exercise of that power. It was a mere advisory discretion, not an executive

»mere doubt existed as to the right to oxerIse It could be urged In opoaltion thereto;

power lii tt

doctrine essential to the harmony of the system ol government and to tho responsibility of the President to the people. If Congress meddled with It Congress became a trespasser to the acta and the President was not to bn

HOUSE. impeached fdr disregarding ft. He quirted

resumed consideration of the Impeachment

resolution.

Congroasiownt Bssasiwary.

Monday, February 24.

Senate—A number of petition* of a per-

Ibe interval between this hour and noon being technically regarded as belonging to the session of Saturday, the desks of members were very sparsely occupied at the opening of the proceedings; but every seat in the gallerjes, save some in tho diplomatic gallery was The debate was opened by Mr. ‘Ashley, of Ohio, who. In the course of his remark* said, the House was now brought face to face with

a man who was recognized a* an enemy of the

sonal and private character were presented. I Government-as a strong ally and Iriend of Abill was mtroducml providing that no ^ L^^ren m m. a rire5 0 b y P DoUUonH"^?

amendment of any State constitution, abridging or unrtalllng the political rights or priv-

■ qe<

ly, and demonstrated the utter uineonstltutionality of the act of March2,18C7. Ha also argued that by the very ite ns of that very act Itself, Mr. Suaton did not come within Its scope. Unquoted Bsnator Gherman sod Messrs. Spaulding and Bingham tt taking that same view of the law when it waa.uuder consideration. Mr. Johnson was a man cl the Republican party’s oWn choosing, anA-fce v«iily believed that the Preeldent waa trying to restore the Union, to pacifiuate the country, and to administer bis high office with a faith-

seetpe to have been construed by him Into a license to trample on even the penal statutes of the nation. The reeultle before us; tbe President challenges the supremacy of the iew and dishonors his constitutional obligations to take earn that tbe laws be faithfully executed. Substantially he affirms that this oath of office may be qualified by tho conclusion* flf Ms private Judgment. He dsfiantly caste before the representatives of tbe people hi* gage end declare* that he will decide what laws are constitutional and that such only as stand thetestfff Msjudgemeut will he respect,

eaforeeor wbey. ,

This t* hi* caee. He has elected to bate it on a penal statute. It It for ns to traverse this case and put It to the country. Anything less than tula would be a shameful abuse, of huh trust and criminal abandonment of duty. To my chat go shall neither of these offenses be placed. . rj’ ' ' Mr. Speaker, It has bean urged In this debate that tbe President’s sole object le to secure a Judgement of the Courts as to tbe constitutionality of tbe act regulating tb* tenure of certain civil offices. Such an Intent will not justify the commission of high crimes or mlsdemeonors. Suppose the Courts should hold It to be constitutional; would the fact that It was hi* Intention to have that question decided be a good plea to an indictment for a violation of it* provisions) 1 Who is so insane as to assert so preposterous a proposition r Whoever acts in tho way and for the purposel sug-

gested, does it at bis peril.

Tbs risk belongs to the President In this ease, not to the law, Tho plea in his da* fidency, waa aotihe result of inadvertence or mistaken judgment, and that Is the first calculation and deliberate purpose, he committed a high misdemeanor. In order to secure a Judgment of the Ceurte, air, are Will gratify bit deetre by referring bis case to the h-gneet tribunal known to the Constitution of the Re-

in demanding tho impeachment of the criminal Who occupied the presidency. Mr. Shanks said tbat In this conjecture the House should speak but one word and strike but one blow, and that the blow should come

first.

Mr. Stevens, of Pennsylvania, closed the debate. liesaid: I agree with those gentlemen who have . gone before me that this is a grave subject and mutt be gravely treated. It Is important to an high official, who is the ^object of those charges, and U Is important of a nation ef 40/XSOfiOi) of people now free, and rapidly Increasing to hundreds of millions. Tb* official character of the chief, this grand nation being thus iavolved, the charge, if falsely made, Is a cruel wrong. If. on the other hatd, the mlsdomeanore and usurps* tioas charged against him are true, beie guilty of as altroctous an attempt te usurp the liberty and destroy the happlneae of thle nation as were ever perpetuated by the most desperate chief who ever opposed his fellow men. Let us, therefore, discuss these question* In no partisan spirit, but with loyal accuracy and Imp rtiaJ Justice. Tbe people desire no victim, and they will endure ne usurper*. The charges, so far as I shall discuss them, art few and distinct. Andrew Johnson Is charged With an attempt to usurp the powers of other brenchee of ihe Government, and with an attempt to obstruct the execution of the laws; with misprision of bribery, and on th* open violation of laws which declare hie acts misdemeanors, and subject him to flea and Imprisonment; and with removing from office tba Secretary of War during the session of the Senate, without the advice or consent of the Senate; and with Violation of tbe sixtieth section of the act entitled an act regulating the tenure of certain offices. There are other offense* charged In the papers referred to the committee, which I may consider more by themselves. In order to sustain linpeaehmesjt under our Constitution, I do not hold that it is necessary to prove that a crime is an indictable offense. I agree with the distinguished gentlemen from Pennsylvania. on tho other side of the House, who boldatbte to be purely a political proceeding. It la intended for a remedy for ntaf.

ful regard to tbe obljgatloos of tbe Constitu- public Tb the high court of impeachment, to tion and th* best Utarcsffihr the people* Tog frfcat august body, wo wtii presaot this ense,

ileges of citizens of the United Ststes shall be

valid.

A bill to renew the charier of the city oi

Washington was presented.

IIoi’SE-On reassembling resumed tbe con-

law. Dare the House longer shrink from the excrclso of Us power in rescuing tho Government from the usurper, and thus proclaiming tbat the Government was one of constitutional

law—not one of usurped power*.

When, two months ago, tbe House voted down Impeachment, be bad encouraged loyal men to keep their hearts—that time would Vindicate them. He did not now exult In that

seemed to him to be a true friend to the and with It th* law; and

..oi ar.—vu inMBeiuuiui* resumeu me con- i vindicate them, lie did not now exult In that Kidtrallon of the Impeachment resolution, | Vlndlcstlon- He had much rather that tbe uHitj.h wm. Hpiiataii until A** n’ninj.it i acts of this accidental I’cesldcnt would fall to

until Ura o’clock sskn I * ct * tll,s accidental President would fall to

’ 1 the ground, or that he had so administered the

which was debated

the House proceeded to vote on the resolution, which reads: “ lietolved, That Andrew Johnson, President of tbe United States be impeached for high crimes and misdealsnors.” Tbe resolution passed by a vote of 12ti yeas,

ngalnst 47 nays,

i ia motion of Mr. Stevens, of Yennsylvsnis,

a committee of two was appointed to wait on I peacbment, tbat not only had tbe tenure of tbe Senate and Inform them of the action of ! office law been violated by the President, but

the House, and a committee of seven ap- * point?, to draw up articles of Impeachment ;

Government as Vo bring It back to the paths of peace, union and prosperity. The impeachment of this mau was ntccsaary, if not for tbe safety of the nation, at least to teach a le«aon to future Presidents and vindldalethe match-

liss Constitution of tbe country.

Mr. Oook being allowed one minute remaining unexplred from Mr. Ashley’* time, declared, In voting for tbe resolution of

st. t

If tbat law bid not been in existence, tbe Prexldent bad exercised a power unwarrant- { ed by the Constitution and laws of the United

1 States.

Mr. Boyd addressed thellou-e in opposition j to tbe resolution, and contended that even ( though the tenure of cilice law was constitu1 tional, there was no violation of it even In letter or spirit iu the removal of Mr. Htanton. Mr. Ptantou was an appointee of Abraham Uni o n, andjif the act had been in existence | one month alW the termination of LmmlD’* I admlnistpitleu. hi* lunctions as Secretary of I War would have ceased by tho very term* of | tbe act, and had ever since continued in office j simply at the pleasure of tbe President. Ho I dared any gentleman on the other side to

against the President.

From Kokomo. murder—A PTXn Found Dead I nder ■fridge of the Chicago and Groat

western Hoad.

spcial Dispatch to the Indianapolis Herald.

Kokomo, Monday, February 25.

Tbe body of a man was found early this morning, under tbs Chicago and Great West-

ern Railroad bridge, on .Sycamore street. It , . ..

«• "•»' *’*• a««»o. i

and it is supposed that he was murdered and 1 •-

then carried under Ibe bridge, In order to make it appear that be bad been accidentally

killed by the car*.

whole of his country, a faithful public offices, and entitled to Cabinet officers who were his friends, and not his enemies. Congress bad far better sustain such a man iu his constitutional rights, and aid the suffering country, than to watte Ha time and the people’s money on charges that an boUTeta*and foolish, at

peacbment. Tbe House was not composed, as tbe Constitution required, of members chosen by the people of lae several State*, nor was the Senate composed of two Senators from each out*. , la conclusion be aeM: Mr. Speator, off sure as* ¥ that the American people will respect this objection that. It I were the President’* counsellor, I would advise him, if you prefer articles of Impeach-< meat, to demur both to your jurisdiction and to tbat ot the Senate, and to issue a proalama-

tion that, white ha hold himself impeachable

for mlsdemeanorMn office before the constitu- 'the law. 1 apeak not as a partisan, but as a

custodian ol strust whose sacred character

i (uuBUJum auto tusocr.

anu w ivu ■% mo iww, auu the criminal shall have his ssy in court, and be brought, for hw own gooctsad that of his sueoeaaorMo office, and that of the United States, clothed with all the great powers ef Me high officii! station. He i* as completely subordinate to the law* of tbe Republic, artbe bufciblest of Ite dUzens. Tbe public welfare; the repose of the natHai the iaur**'* of our iaitituilons; tbe S«rtjr of th* RefutHJe itself .equtrt that ail parton*, bin i»l or othertoltt shall bo aoUmuiy taught tbat tbo law of thl* load te ao respecter of persons—tint the high ami tbeTew, Uu rl«h ami poor, th* pnbito officer and the private ciiizsn are each and ail allk* aasenable to llo imperative demands—euh)set to it* high Coaimand—subordinate to Its supreme authortty. The majesty of tbe law mutt be asserted, though tt strike from hi* exalted position the Chief Magistrate of the nation. We deplore the net east ty, but we mu>t obey tbe voice of

CONVENTIONS.

OEORQI A.. Atlanta, Monday, February 24. Tbe Judiciary Committee wag instructed to report that State Senators must bs twentylive, and Representative* twenty-one years of age, and inhabitants of Osorgia six moatbs. The special Committee on Homesteads submitted s report that each head ol a family of minor children shall heentltled to exemption from taxation on $4,500, Pending the discasetcu tho convention adlourned.

Tvl ISSISSI Jackson, Monday,February 24. One section of the bill of rights ad spied today. forbids slavery and involuntary servitude, except for crime. Tbe legislature shall provide a uniform system of apprenticeship for unprotected minors. A committee was appointed 10 investigate tbe charge of assault upon the colored doorkeeper, by a white member named Merriman

VIW.GUN I A. . Richmond, Monday, February 24. The convention spent tbe day tn discussing tbe suffrage amendments. The Impeachmeht has been received with demonstration* of approval.

SOUTH C A. HU LI NT A.. Charleston, Monday, February 24. Tbe convention orcupled all day in the dtecus«ton of the question whether tbe Governor or President shall be elected for four years or for two. Tbe question Is still undecided. A resolution was Introduced, restoring the property of minors sold during tba war, for confederate money. Tbe strike among the negroes on the warves this morning,threatened seriousretults but General Burnt, the newly elected Mayor, appeared with a file of soldier*, dtepeiting tbe rioters, and arresting the ring leader*.

1S»0«,TH OA.HO LUST A. Ralkioh, Monday, February 24. The convention on Saturday discussed tbe report establiehlng a bureau of Immigration; Its succese te doubtful. The euffrage bill Wat conetdered to-day, and the first section adopted. It It I* a* follow*: Every male pereon of the Halted States, and every male i>ersoa who ha* been naturalized, who la twenty-on# year* of age and upward, who shall have resided In the State twelvemonth* next preceding the lelecllon, and thirty day* in the county In which be offer* to te vote, ehall be deemed an elector. The yeas and nays ware refused. It is believed a dblranchlllog proviso will be added.

LOUXUX AN A .

It any person hail violated ihe law In this matter It w*ss Edwin M. Stanton him.elf, who was holding on to the office utter bis term h»d

ox pi red.

Mr. Kelsey addressed the House In support of the resolution, argmog as a question ot law that the PresUlt nee should be impeached. In reference to the warning and menace contained In Mr. Brook-’r murks, Saturday. In case an attempt should be made to suspend the President pending impeachment, he claimed that when Impeachment was for an indictable act It was the same a* a criminal proceeding, and tbe court having jurisdiction of tho offense must necessarily have jurisdiction of tbe person t f tbo criminal and nave full control of hi* movements. The criminal, of course, had no powir to perform bl» func-

tion*.

Mr. Cake supported tbe resolution of impeachment. He believed the public mind was ready for the event, and to trifle longer with tbe question was to triflo with the ju«t demand of the loyal men of the nation. Around Edwin M. .Stanton wire gathering the -.ympshies of (he people. Mr. Brsman followed, on the same side yielding one minute to Mr. Price, who said that for two long years the p< oplu in Congr*** and tbe people out of Congress bad been keeping watch and ward at tho p rrtuls nf liberty andtLit Andrew Johnson, with a reckb stners peculiar to himself, was rushing madly anil furiously on to his fate . Mr. Hlatne said tho House was about to act under tbe plain autbortty of the Constitution; there wa* no question of law Involved lo the matter at all. Tbe President bad openly and plainly violated tbe law, thrown down tbe gauntlet and dared Congress to the issue. Congress must accept the challenge and must meet tbe Issue. Mr. Briggs said tf tho whole Democratic party and every other party, were clamoring attire doors of Cong res* and seeking vengeance sgunst ever? man who supported the Impeachment reso utlon, h e trusted there wn* not a member piestot who would not vote lor It on conviction and without regard to any threat. Mr. Washburne. of Illinois, declared he should vote for tbe resolution he ore the House, acting with a majority of the Republican members. He had not hitherto favored impeachment against tbe President, not because ho did not believe him morally guilty of Impeachable oflences; not because he did not execrate bis administration, but

tional tribunals, be never would subject tbe office he bold* in Intel for the people to tea unconstitutional, fragmsntary bodies who propose to strip him of it. Such a proclamation, with the army and navy In hi* hands to sustain It, would meet with a popular rsspoooc tbat would mage uu end of impeachment and

tbe impeacbers.

Mr. Wilson, of Iowa. Caalrman of the Judlelary Committee, in supimrt cf the Im-

peacbment resolution, ssid:

Mr. Speaker The public peace Is sgain disturbed by the Preside*! of the t nited .States. He denies to tbe nation that repose Which It much need*. Ho Will not obey the law and by It be must be judged. 1 do not proach this ca*e under the *pur of hate or a heat of pasaion; its presence 1 deplore; hut Its demands l wilt resect and obey. As a repre*»nlsttve It is ray duty to see that Ibe law* of the Republic are not defied by a criminal officer, if within tbe terms < t ihe • institution a remedy may be found. Tbo presence of the criminal Is a palpable fact; that the remedy is plain It Indisputable, and from the performance of the dutv 1 will not ahrluk. An Impeachment of tbe President of the United States t* made Inevitable by hi* own deliberate criminal conduct, as presented to u* by the r*«c which now commands our attention. We can not escape this conclutioo, If we woald, for the President Would hedge ii* in by new set*, of greater enormity. II there t»e sny logic in his course of proceedure, which I at last compel n* to tskeitp me g'

appi

tbe

urges m«*o a etrict observance of my duty. I will vote fopaahe pending resolution to tbs end that tbe law may be vindicated by tb* removal of so unworty public servant from an official position which he has dispowered by hi* perverse disregard of duty, and hi* unjust contempt of tbe supremacy of tbe law. Mr. Woodbridgeaustaiaed the Impeachment resolution, lie declared bis belief teat In no other way than by impeachment could te* m-jesty of the law and tee future safety of th* Republic be maintained. If tumult and riot and bloodshed would follow, they would not be caused by tbe execution of law. H* would assure the gentleman from New York [Mr. ltro<>k*' tbat if such would be tbe result,' ten thousand aworda would leap from their se*t>bard*, a million beyoneta glisten in tee aun*hii e, brave heroes would till up tbe ranks, the b raor of the old flag would be maintained, peace and quiet be lOalored, and the nations cf tbe ear'h would again learn teat tee Guveromclilof the United Slate* waa a government of

law.

Mr. Wood addre**ed the Houte against tbe ln>| e ichment resolution. He eald the

fdiug is aa

age ret.

felt that in tbe cause, aa heretofore presented, tber* might be a doubt of hi* conviction. Ratlicr than preach a doubtful experiment, In

the hope tbat the President, warned of the power of tbe House, and indebted for Us forbearance. would so conduct himself aa to avoid tho necessity of resorting to the extreme remeily provided by the Constitution, but all such hopes had been dissipated. Every act of forbearance had been but afresh invitation to further and more flagrant aggressions, until at laat he had thrown himself against tho very bulwarks | of .the Constitution, defying the law* and overriding the co-ordinate

branches of tbe Government.

The time had now arrived when the people’s Representative* could no longer delay the vindication of the Constitution. To him tbo pathway of duty was plain. Ho scorned the ■ ' ' ‘ ‘ * the floor.

url-

sucb an appeal. Tbe gentlemen bad not read history, If they had not learned tbat In all contests between tbe Executive mid Commonx, tho Representatives ot the people had

triumphed m the

pnuiway ui uuvy was isibiii. uu nu-ui ucu i threat which had been made upon the llo He feared no appeal to tbe people; but cou ed such an appeal. Tbe geutiomcn bad I

New Orleans, Monday, February 24. In the eoavration to-dav tb* Committee on Style reported the constitution, as adopted, with a few minor corrections. The amended articles ware adopted. The amendment to article it, offered by Mr. Conley, providing that-persons, without distinction of rsee or color, should not be entitled to more privileges than at present It enjoyed by white men, wu lost. There I* considerable excitement to-night over tbe newt from Wash tag ten. At Galveston all the whisky seized because of a technical violation of te* raveaii* law*, was to-day released, by decision of Judge Watrons, and bonds taken for tbe Value thereof, If called upon by tbe Supreme Court of tbe State. Judge Hamilton decided the stay law unconstltutional Uu* morning.

VLOJRIDA. Tam. a has see, Monday, February 24. Tbe convention adopted, to-day, the Stale the Conetitutlon and it will be signed to-mor-row, end tb* con vration adjourned. Universal tuffragl If declared. There lino proscription and no test oath*. Foreigners are made voters oa a declaration ot their Intention to beceme citizens.

wkicb, with and heroism,

utnph and glury through

In

From Chicago.

Preparations far a Public mediae

aa laapeachaaeat Uaeallnn. Chicago, Monday, February 24.

A meeting of prominent citizens waa held at the Trent cot House, to-day, to uaka arrangements for a mass meeting to-morrow evening of eltixana, togtve expression to pub-

rd to tee pending Im-

lie sentiment la regard peacbment of tbe President.

Tbe following dispatch wa* aent by the

meeting, today;

“To th# llllnole Representative In Congreu. The Republiean prase and party of the city of Chicago unanimously demand the impeach-

ment of Andrew Johnson.”

A mats ^meeting Is called for to-morrow evening, to give expression to their feeling*.

end; that the great party atnotism, courage, fldeliiy ad carried the country tn trttbrough the war, would not

now fail In the great ntl.Rlon. That party which had overcome tbe undivided and computed strength of the rebel* In arms, »u*tefoed and supported by the sympathy oftwoflflits of all the voter* In the .States not in open rebellion, would not now be overcome by * band of mercenary camp followers ot a etrrupt and treasonable Administration. The time bad now come when the President,should be promptly Impeached. His la*tgreat criino Wa*committed agaln*t the Constitution. Ills longer continuance In office was a peroetusl and anduring menaco against the peace and

prosperity of the country.

The whole official career ef the President bad been marked by a wicked disregard of all bis obligation* of public duty,and by a degree of perfidy, treachery and turpitude, unbeard of In the’history of the ruler* of a free people, and was as mendacious a* he was malignant. He may try Iu his oflictal position to haul down and destroy the bravest, tbe noblest,the Pest In tbe land; hi* administration ha* been a constant and prolonged warfare against all tbe material Interests of the country; It had prostrated business; It had oppressed labor, destroyed State*, Impaired the public credit and sapped the public murals. Surrounded by red-handed rebels, advised and counselled by tbe wont men thatevsr ctawled, like reptiles, at tbe footstool of power, he Paused all the vast authority cf the Governmeut to prevent tbo union of States, tbe restoration of tbe harmony, peace and happlne-s of the country. The loyal men in ihe rebel Statehave been brought to a condition, under bis admlnlstratlan, from contemplation of alt of which all men recoil -yltb horror, murder, r/pine, Incendlarylsm, robbery, and all tbe crimes, stalk through the whole land; and every day be remains In offlee adds to tbe long list of victims of rebel vangeance, cruelty end bate. With such a President, nearly all tbe department* of the Government bad become demoralized and corrupt, to an extent which could find no pnrallei In tbe history of any country, in any age. The Attorney General, not eatlsfied with being tbe medium through which many mall robbers, counterfeiters, and public plunderers

that he bs* now defiantly cast at our feel Ht-reteDre bis ehajbngv* bare not b ten. In my judgment. In daF form of law-fur stamped It with the character of real crime* and mt-de-meanors, and therefore] have resisted aie»nrl to the extreme remedy which tbe Constitution

ha* placed In our hand*.

Perhaps I have been more cautious than most men would heve been; but no re/ret* come to me on this account, (or I believe I did my duty. The considerations which urg-d upon mv mind amt moulded my Conduct lit tbe case With which the Judiciary Committee of the House was charged, are not to be found In the present oa*e. My ca»e ls made plain, not to say port* t,by It* sequence. In the present one. The President wa* working loan end. *u*peeted bv other*, but known to him- * 11; h a then otean-wer* not kaown to the law a* crimes or misdemeanor* by the common law, or by statute, and uru so pro-

nounced.

He mistook our Judgment for cowardice, and worked on until he has presented to u* as a sequence a high misdemeanor, known to tbe law and defined by tee statute. If we permit tbt* to pass unchallenged by that high power with which tbe Uossututlon bas clothed us. no man can measure tb* ftfture troubles of this Republic. For on* I am not willing to wait fir an ascertain meat of tbe unknown quantities of future presidential crime* and misdemeanors. We bava before us tbe elements and the quantltltt asoaftained, and 1 am In favor of wiping It from the Executive blackboard by an Impeachment of tbe criminal who placed it thert. Ite presence 1* a source of regret to me, and tt must be one of mortitb-ailon to the people of tbe Republic, but I wilt face It and they will meet tt by asserting the Insubordination of the President to tbe law of the land. He Is not a maker of the law or ajudga thereof, and ttls enough for bins to know that the Constitution, to which he 1* sworn to preserve, protect and defend, say* tbat he shall take care

that tbe laws shall be faithfully executed. What laws? Those which are passed In

pursuance of the terms nf that Constitution, which he is sworn to protect and defend. And how are these laws passed? By the two house* of Congress with tee appreval aflfen President; or in such esse as he does not approve, he shall return it with hi* objection* to that bouse la wblcb it shall have originated, who shall enter the objection* at large

tbclr Journal and proceed to reconsider ft;

and If, after such reconsideration, two-thirds of that house shall agro* to pass tbe‘jill.it shall bo sent, together with th# objection*, to tbe other hou*c, by which It iffiall likewise be considered, ami tf approved Up two-tblrdsof that house. It shall become * law. What kind of a law ? One which tbe President shall take

care tbat it lie faithfully executed.

The Constitution docs not make him a Judge of the law, but an executive thereof, and he t* bound to execute tint which the law-making power decrees to be tbe law of the land, whatever may be his opinion of the law, as a mere Individual member of the National family. He Is bound to yield to tbe bigber duty which tho Constitution imposes upon him as an officer of the htate. If b>s conscience forbid him, be may resign the trust, but he

aln tbe power Of a public ate that to the judgment of

a mere Individual member of a coin rummy or nation which has clott ed him wttb executive power for tho enforcement of It* laws a* a public officer. No such plea can properly "be entered In bts behalf, because bets not only sworn to execute the law, but also possesses the right of resignation, If his conscience will not permit him to execute a given law. He may resign hi* trust, and leave tn hts successor tbe performance o^a duty In which his judgment as an Individual will not surrender

to hts obligation* as a public officer. A willingness to submit to tbe penalty sub-

scribed lor the violation of a law may, to some extent, excuse disobedience on the part of a private citizen, and at tbe same time avail nothing to the public officer. The latter may at any time, by resignation, become a private citizen, but the former can not become a public officer In this cotntry except by tbe suffrages of bis tellow citizen*. If he accepts tbe result of tbotr suffrages, he merge* hi* individuality Into that of an official creature, which hinds Itself by an oath at an executive officer, to do that which, a* a mem Individual he may not believe Just right or constitutional, .inch an acceptance removes him from the sphere of tbe right of private judgment to tbe place of the private officer, and binds him to observe the law, bis Judgment to tbe contrary

notwithstanding.

The Constitution invests the Fretide.nt with executive power tn order that he may take care that the law* be faithfully executed. Every abuse of the power, whether it be an Improper n»o or exercl** of it, or by neglect or refusal to exercise It, Is a breach of official duty; but It Is not every breach of cdtlelal

mall

It I* proponed to *r*ct a monument In Milwaukee to SoIobob Juneau, tee founder of

tee elty.

Zion’s Herald estimate* that 15«,000 of tba inbaUtants of Boston attend no chureb. At least two-third* ef tee entire population.

•—■ ■■*—

Many a member of Congr***, when be I* la hi* seat, t* out of hi* piece.—LouUvillt

Journal.

“Hot grog,” wfelob ia tea Fre* pun«b, ha* bscoma Uu fuhloa in

"partu

have been pardoned and turned loose upon tbe eoun''y, has, with ostentatious and boastful audacity, proclaimed tbat be will not vindicate tbe laws of Congress. Lcok at the Navy Department, wttb Its profligacy, robberies and persecutions of tbe most honest and moral officer* of tbe country. Tbe administration of tea Treasury Department bat been characterized by tbe most appalling of frauds, with countless millionso| revenue stolen, to go into tee pocket* of tblovee, partisans and plunderers, or te make up a vast political fuud to demoralize and corrupt tbe people; tbe Interior Department with tbe land Jobbing and contract* and corrupt extension of patents; Poet Office Department arraigned before the House by a committee of the House, and tbe State Department, arrslnged before the rulers of tee earth, for Us failure to vindicate tbe right* of the nation and citizens of tbe nation. Confronted as they were thl* day by this state of thing*, *o threatening to the national ex- _ tatanoe, and te destructive to all tbat la bold JZ 4wr to posterity, whan la tea patriotic nan

i.g Is as unwarranted as

dented. The President has been guilty ef ee legal or moral ofleess under tee Conetitutlon sod laws. Tbe grounds on wbtih tee resolu. tl a of Impeachment I* sought to be maintained are all frivolous and technical and utterly unworthy any attempt st refutation. If any branch ot tbe Government baa Iteen guilty of high crime* and nttedemesnort, It Is test which would usurp all the power and thake tbe co-ordinate branches subservient to Us wlU audita selfish partisan desires. The President has been careful to inatolalo bts oalb of office, which require* him to preserve, protect and defend tbe Constitution tn tbs is st of hi* sblhty, and this Is tbe ex teat of bis offending and no more. If the Houee aided by a like spirit, sud for a like motive tee donate shall consummate this proceeding, and displace the Chief Magistrate ot tee nation, under so slight a pretext. It will commit an offense greater In effect than Ibe stumpt ot

the leader* of secession In ItKH.

Their effort was to accomplish territorial di-integration. This effort It to disorganize tbe Govvruraent Itself. If carried through tho public credit lecelves a fatal blow, because the Instability of our political Instllutlons become manifest, and the basis upon which now reel all monetary and proprietary Interest will be shaken. A* a consequence to this, great industrial Interests will become pars!) Zed, taxation will !>euom* materially enhanced, tbe currency further depreciated, trade and coranterca destroyed, and tb* people, taught by tbe example of Congress, will loam to disregard and disrespect tbe authority of the official powers M necessary for the protection of lifo. liberty and property. Thu* would aoelal and political ovlls follow, allko subversive of pride aad public good. Will the necessity for the removal of tea President justify the probability of such experiments at

thl* time.

Is our national condition in tbat square portion to warrant aa experiment to fraught with possible dangers. If such considerations have no weight with the majority of this House. <-an tbat party bear tbe responsibility it will tbusincur. Can tt take upon Iteelf the odium of all tbe extraordinary and revolutionary proceeding*. Can It escape from the consequence* Incident to so violent a remedy for Imaginary wrongs, when no motives of public good will sustain It. 1 Implore you, gentlemen of tbe House, before these Impending calemfMee, let them reflect upon tee personal consequences ot the stop they are about to take; of tee danger to tee country and to the country's existence; of their psrty. If these can excite no alarm let them remember their ostb of office; tbe constituency to whom each must reader his account, and tee Individual liability thus Incurred incur position as members of tbe House. We are not our own agsnU; we ere here in a representative eapadiy; we reflect elone tbe voice and wishes ol politician* at borne. Under tbe theory and laws of our country we are all the servants of a whole people, whose wants and wishes we Impersonate on this floor. To their happiness and prosperity let us devote ourselves; te their best Intereets let us be faithful, and to their bidding let ns bow, so that we may hereafter meet them without fear and without reproach. Tbe day will speedily come when all of us must render an account of our stewardship, not only to our friends and neighbors, but to God and our -country. Let us try to so discharge tbls duty tbat, whether living or dym*. In public or In private life, the presence of our families or of our Maker, we can Justify and maintain our

conduct.

Mr. I’ruyn followed on tbe same side, arguing in suoport of tee constitutional power of the President In the matter of tbe charge sgttnst him. Mr. Poland having five minutes allowed bint, next spoke tu favor of the Impeachment

rev lutlon.

Mr. Stokes having ten minute* allowed him, followed on the same side of the question. Mr. Pike having six minutes allowed him, stated tbe grounds on wblcb be sustained tbe resolution of Impeachment. Mr. Nicholson opposed tbe resolution, and declared his belief that the assumed violation of tbs Tenttre-of-office law was a mera pretext, and tbat the true motive for the proposed Impeachment was to bo found tn the determination to remove tbe President, not as an obstacle in tbe path of reconstruction, but as a dreaded obstacle to the unconstitutional measures to be resorted te for party success. Mr. Miller su-tatned tbe resolution. Mr. Kldndgeaddressed tbe House in opposition to tho resolution. He asked whether tbe gentleman on tbe other side believed or expected that It wae possible for this Goveminent, of several co-equal departments, to exist when,not only warring with each other, but when th* one had not only confidential counsels of the otber but a known and determined enemy, bolding hie peeitton egeinst bis own pronounced conviction of constitutional rights and duty. He believed tbat tbts was part of a great organized plan to get rid of tho Executive end te invest Congress with ell the power of tbe Government. It was the execution of a great and determined purpose t > tubvert end overthrow the Constitution amt to destroy all tbe constitutional depart-

ments of the Government.

It was tb* carrying out of a purpose long since formed by the most radical of tbe Republican party. In proof of this, be sent to tbe clerk’s office end bad read, notes of a conversation bad last fall with a prominent member of the Republican Executlva Committee of Maryland, in which the purpose wee fore, shadowed of removing Mr. Johnson, (Tom office and put In bts place a man who would use tbe army to csrry the presentlal election, If necessary. He had no doubt this conspiracy

would be carried out.

Mr. Judd eald tbat bts past action In voting for the impeachment of Andrew Johnson hac met with the approbation ol hit constituents, and he bad just received a dispatch which justified his proposed action In voting for this

resolution.

The dispatch was read as follow*: Chicago, Monday, February 24. To Uon. N- D. Judd: The Republlcsn press and party of the city of Chicago uaenlmenriy demand the impetchment of Johnson. A mass meeting 1* called for to-morrow evening te give expression to this feeling. 8. D. One, Chairman. .J|r. Harding laid teat hts eonstUnaate had Inwruoted him te oatte hie

feasance In office, amt to prevent the continuance thereof. Beyond that, it la not

matt ter personal pontsbmebt for past offenses human race,

and ter future, example. Th* impeachmrtt, under our Constitution, la not tl|*_ ssffie as Impeachment under the’Eng! I-h law. The Jtamars of eur ConnUtutton did aot rety. for safety, upon tee avenging dagger of a Brotas: but promised peaeeral remedies, which should prevant that neeesalty. England had two systems ef Jurisprudence—«ae for trial and punish meat ot common affaire, end one for trial of men In higher stations, who a U waa found difficult to coovlet before the ordinary tribunals. Thl* lattei^woseadtag arms by impeachment, or by bill of attainder, generAlly practiced te punLtl aa official matfseter, und tb* system soon fiagenerattd Into political and paaMBfil proaceutlon, and men wers tried, condemn*d and executed by tets Court

able tolls from malignant motives. Such was the con- “ “■ union of th* KogHeh law* when

our Constitution was foamed and tee eoovenUon datormtaed te provide against tee abuse ef that high power, so that ravaoga and punishment should not bo Inflicted upon political or personal enemies* Hence, tee whole punishment was made to consist tn remora! from offioe, and bills of attainder were wholly prohibited. We are to treat the question teeo, a* wholly political, ia which. If aa officer of the Government abase bis trust or attempt to prevent it for improper purposes, whatever be hie motive, he become* subject to Impeachment and removal from office. Tbe offense being Indictable does not prevent impeachment, but it not necestarv to sustain It. [Sc* Story’* Commentaries on the Con*titution, Madison hnd others ] Such It tbe opinion of our elementarv writers. Nurcanany case of impeachment trial in this country be found where any attempt was made te prove the offense tndietsble and criminal. What, then, are the official misdemeanors of Andrew

Johnsoa dteofoeed-by tee evidence.

Oo the second day of March, 1«67, Congress parsed ao act entitled an act regulating tbe teoure of certsto felvU office*. Among other sections. It enacted that no officer who had been appointed by aad with the adv.o aad censsnt of tbe Senate, should not be removed from office without tbe consent of tbs Senate, and that If, during vacation, a suspension should be made for cause, such cause should ' be reported to tee Senate within twenty day* after their next meeting. If tbe Senate should dfem the reason of tbe suspension sufficient then tba officer should be removed and another appointed tn bl* stead bnt tf tee Senate should refuse to coocnr

gress alone, according to every principle of tee law of nations. Neither the Executive

nor the judiciary bad any right te interfere with It, except so far as wa* necessary to control tt, or unite the sovereign power of tee nation had provided ite civil administration. No power but Con gress bad any right to eay whether they ahould be admitted to tee Union as State* and entitifd to the privileges of tbe Constitution of tbe United State*, and yet Andrew Jehnson, with unblushing hardihood, undertook to rule teem by hi* own power, stones to lead them Into full communion with the Union, direct them what governments to aaact. what constitutions to enact and to send Ra^resrntattves to Congre s according to bis Instructions. When admonished by tee express act ot Congr*** bh more than onoe and repeatedly disregarded the warning, and continued hie lawless usurpations. He has since bean known to have obstructed tbe re-eatab-Ushments of those government* by authority of Congress, and has advised tbe Inhabitants to reelet te* legislation of Congress. In my judgment, hi* conduct with regard to that transaction waa a high handed usurpation of power, which long ago ought to have brought him to impeachment and trial, and to have removed him from hie position of great mischief. He has been lucky in thus far escaping through fates logic and false iew. but hit teen act*, which will, on tee trial, be shown to be atrSeiout, are open evidence of hie wicked determination to subvert tee laws of the

country.

I trust when all come to vote upon this question we ehall remember that although it te the duty of tbe President to see teat tbe laws be executed, tbe sovereign power of tbe Nation reals la Congress, who have been placed around the executive monument* to defend bis righto, and as watchmen,to enforce bis obedience to tee laws and tee Constitution. His oath is to obey the Constitution end our duly to compel him to do so—a tremendous obligation, heavier than was aver assumed by mortal rulers. We are to protector to destroy the liberty of a mighty people and take care tbat they progress In civilization and defend themselves against every kind of tyrrany. As wa deal with the first great political malefactor, so will th* effort* to per petit-' ate the happiness and good govarnment of the Hainan race. The God of our fathers who Inspired them With tee thought of universal freedom, will bold us responsible for the noble Institutions which they protected, and expect ns to carry out. This U not te ha temporary triumph of a political psrty: but is to endure, tn IU consequence, until thU whole continent ehall be fllted with a free and untrammelled

people, or shell be a nest of shrinking, cow-

ardly'•laves.

The reeding of tbe speech wea concluded two mtnutee before five o’clock. Tbe House then proceeded, amid great but suppressed excitement, to vote oo tee resolution, as fol-

low*:

Beiolved, That Andrew Johnson, President ot the United States, be impeached of high

crimes and misdemeanors.

During tee vote excuses were made for the absence of Messrs. Robinson, Benjamin, Washburne, Williams, Van Horn,of Missouri, Trim ball, of Tennessee, Pomeroy, Donnelly, Koentz, Maynard and Shellsbarger. Tbe Speaker stated test be could nut consent that hie constituents should be silent on such agrave occasion; therefore, as a mem-

ber of the House, he voted aye.

The vote resulted: yeas, 126; nays, 47; as

follows:

Aye* -Messrs. Allison, Arne*, Anderson, Arnell, Asbley, Nevada; Ashley, Ohio, Bailey, Baker. Baldwin, Banks, Bosnian, Beatty, Benton, Bingham, B!alne. Btaire, Boutwell, Brown wvll, Brocmall. Buckland, Butler, Cake,Churchill,Clarke, Kins**; cUrke.Ohlo; Cobto, Coburn, Cook. Cornell. Covode, Cullum, Dawes, Dodge, Drlggs, Ellivy, E/glastnn, Elliott, Farnsworth, Ferris, Ferry, Fields, Gravely, Griswold, Halsey, Harding, Hlgby, Hill, Hooper, -- - ■ hard, of Iowa, Ilubb:

Hopkins, Hubard, of Western

WASHNGTON.

STATE

OF AFFAIRS CAPITOL.

AT THE

MESSAGE OF THE PRESIDENT ON REMOVAL OF STANTON.

Heply So aa Reoolmtfom Somntn.

or else

Reception at Executive

Virginia: Uulburd, Hunter. IngerroU, Jenck*. Judd, Jntltn, Kelly, Kelsey. Ketch-

Laflln, Lawrence, of Pennsyiice, ot Ohio;" Lincoln, Losn,

UA, *1

.ants; Lawrence,

Logan, Lough ridge. Lynch, Mallory, Marvin, McCarthy, MrClurg, Mercer, Miller, Moore, Moore head, Morrill, Mullins. Myers New*

pru-

U I* Uuprece-

Auaewa a-sea-sevs, au'Jiaati, aia 04 1111AP « sU/CIWq a-N C - comet, Nunn, O’Neil. Orth, Paine, Peroam, Peter*, Pike, Pile, Planta, Poland, Palate*, Price, Ranine, Robertson, Sawyer, Scbenrk, Schofield, Seelle, Shank*. Smith, Spalding, Starkweather, Stevens of Vermont, Stevens of Pennsylvania. Stokes, Taffe, Taylor, Trowbridge, Twitchell. Upson, Van Ar-

nem. Van Horn of New York, Van Wycke,

ihburn*

with tbe President, and declare tbe reason. nhiu W ‘ i * 0a Insufficient, and tbe officer suspended should * ^aon Ohio, Wilson of Pennsyi-

forthwith resume the fuaetions of bis office.

tsvtAj, v <au aa'*i ti vrt a.xmra A ut n t * mu »» Ward, Washbnrneof Wisconsin. Washt of Illinois, Washburn of Ma*aacbu<wtts, Welker, Williams of Pennsylvania, Wilson

Wood bridge, and the

tee person performing Us dutici should e, it Is especial 1V provided test the Secreof Wsr *hill bold bis offle* during tbe

sad tee

tary of Wsr sbsll bold bl* office during term of the President by whom be may have been appointed, and for one monte thereafter, unless removed by and with tee consent of Pie Nsaate.aa afore-.Id (is tbs 12ih of August, l*n, during tee recess of tee Senate, tbe Pre*id< nl removed tbe Secretary of Wer, whose term of efflee bad not expired, requiring him to surrender the ofle*. with the public property, and appointed General U. 8. Grant Socrrtary *f War mi infer im. When Andrew Jobbson assumed tbe office of President Be took tbe oath to obey tbe ConatltuUon of the t’alted States, aad to take car* tbat tbe law* be fotlbfully executed. Thl* was a solemn and enduring obligation; nor can he plead exem >tlon from It on account of bis condition at tee time tt was admlnlstere I to him. An attempt lo obstruct tbe execution of law Is not a mere oml**ion, amounting tu

negligence, but a misdemeanor.

A bold conspiracy was attempted by him to Indues tee Generator the army to aid blm la defeating tbe operation of tbls law; md when be bad suspended tbe Secretary of ar, be appointed General Grant Secretary ad Interim with te# avowed purpose, of preventing tbe operation ol teat taw If tbe Sebshould decide in favor of the Secretary. And be says tbat the General did enter into such a conspiracy to aid blm in obstructing tbe return of tbe Secretary,notwithstanding tea Senate might declare In hts favor. This is dented by tbe General, ana a question of veracity, rather angrily discussed, ba* arisen between tbein, and those gentlemen seem to considsr that discussion ss one of Importance

to tee public.

In tbts thsy are mistaken. Which ts tbe man of truth and wblcb Is the man of falsehood ts of no more public importance than If It occurred between two obscure Individual*, if Andrew Johnson tell* tb* truth, then be la guilty of a high official misdemeanor, for bs avows bis effort to prevent te* execution of tbe taws. If tbe General Commanding tells tee truth, tbe President is guilty of s high misdemeanor, for bs declare* tbe same thing of tbe President, denying only bl* own complicity. No argument can make tbts point )lalner than the statement ot tbe eulprtt. If is and tbe General told tbe truth, than he committed willful perjury by refusing to take care tbat tbe lews should be duly executed. To show the animus and guilty knowledge with wblcb thl* was violated, we have only to turn to the p -oceedlngs of tba Senate, notifying him of bis Illegal and traitorous conduct, and tben to consider tbat be has since erservered in attempting to enforce It. Inced to sbow hi* utter disregard of the law, w* have only to turn to his last annual massage, In which be proclaimed to tbe publie that tbe laws of Congress were unconstltutionnl, and not binding on the people. Who after that can say that such a man 1* fit to occupy tbe Execullv* chair, wbose duty It is to viodictto obedterc* and see tbat these very laws are faithfully obeyed. Then tee great

5I*nswge st tbtw Praaldant—A Reply (• a* Nsnasse Resolution am Renawrni •f Stanton. Washington, Monday, February 24. The President to-day sent to the Senate the following metaage, which was read tn secret session, laid on the table, and ordered printed Tbe benate removed from ft the Injunction of

secrecy:

To the Senate of the United States'. I have received a copy of tbe resolution adopted by tee Senate on the list instant as

follows:

Wherbas, Tbe Senate has received end considered the communication of the President stating that he bad removed Edwin M. Stanton. Secretary ef War, and has designated the Adjutant General of the army to act as Secretary of War ad imterim, therefore Retained, bu the Senate of the United States: Tbat under tbe Constitution and laws of tee United States, the President he* no power to remove tee Secretary of War, and detigaate any oteer officer to perform the duties of test office ad interim. The resolution, as confined te the power of the President to remove tbe Secretary of War and to designate another officer to perform the duties of the officer ad interim, by it* preamble is made expressly applicable to Ihe removal of Mr. Stanton and tee destgnotion to set ad interim ot the Adjutant General of tee army. Without, therefore, attempting to disenes th* general power of removal a* to ail tbo officers upon which subject no expraesica of epialoo Is contained in tee resolution, I shall coniine myself to tee question a* to the power w remove the Secretary of War. It is declared in tbe resolution that under tbe Constitution and Law of the United States tee President has no power to remove the Secretary of War and designate any other officer to preform the duties of tee office ad interim. As to tb* question of power under the Constitution I done* propose at present to enter upon ite discussion. Tbe uniform practice from tbe beginning of tbe Government, as established by every President who bis exercised the office, and tbe decisions of tee Supreme Court of the United States have settled the question in favor nf tbe power of tbe President to remove all officers excepting a class bolding offioe of a judicial character. No practical decision has exempted a Secretary of War from this general power of tbe President to make removals from office. It Is only necessary” tben tbat I should refer to tbls power of tbe executive, urrder the law of tee United States, to remote from offioe a

Secretary of War.

Tbe resolution denies that under these law* tbi* power bas any existence. In dteer wor.ds, U affirms test no such authnritv 1* recogalzt'd or given by tee statute* of the country. What, tben. are tbe laws of tee United States wblcb deny the President tbe power to remove that officer? I know but two laws which bear upon this question. Tbe hr*?. In order of time, is tbe act of August 7,17b», creating t* e Department of War, which, after providing for a Secretary as n* principal officer, proceeds as follows: . Section 2. And be It further enacted, That there shall be in tbe said Department an Inferior officer, to be employed oy the said principal officer, to be employed therein as -hall be deemed proper, and to he called Chief Clerkin the Dspartment of War, and who, wherever tbe said principal officer shall be removed from office by tbe President of tee United States, or in any other cose of vacancy, shall, during »ucb vacancy, have tbe charge and custody of all records, books and papers appertalrdnz te the *atd Department,’’ It Is clrar tbat this act, passed by a Congriss maty of wh se mrmoers participated the formation of the t'ou-Utution, «o far

from denying tbe power < real' ve tbs secretary of .V i exi-tlng in ibu Executive

concurrence of tbe senate, or any Department of tbe Government. F'urtbermore, ibis Cabinet uots not preiend to confer tbls power by Legislative authority. Nor was there any otber existing legislation through which tt was beatowed upon tbe Executive. Tbe res-

It wa* always my opinion that it did not secure him from removal. I was aware, however, that ttere were doubt* a* to th* ©o»atructlon of tbe law. From tee first I deemed It desirable tbat at tec curliest pouible moment tees* doubts should be settled. Tbe true construction of tbe act fixed by tbe decision of tbe Supreme Court of tb* United States, giving an order of suipraiiaB. } n August last, was intended to plans tee ease In snob a position a* would make a resort to a judicial decision bote necessary and proper. My understanding and wishes, howerar, under tbat order of suspension, were frustrated, and tbe late order for Mr. Stanton’* removal waa a further step toward th* accomplishment of that purpose. I repeat that my own conviction of tba constitutionality was settled, and waa sustained by every member of my Cabinet, including Mr. Stantea himself. Upon tbe question ot constitutionality each one in turn delibera--ted, and advised me teat tbe tenure of office bill was unconstitutional. Upon tbe question whether, as to those members who were appointed by my predecessor, that act took from me the power to remove teem, one of tho** members emphatically. In the presence of tee others, stated in tte Cabinet, tbat they did not come within tbe provision* of th* act, and tit was no protection to teem. No one dissented from this construction, and I understood them all to acquiesce in tu correctness. In a matter of such grave consequence 1 was not disposed to rest upon any one’s opinion, though fortified by my constitutional ad-

visers.

1 bave therefore sought to bring tee question, at as early a day as possible, before the aupreme Court of tbe United States for final and autboratlve decision in respect to so much of tee resolution as relate* lo ib* designation of an offiieYeo act as Secretary of War ad interim. 1 have only to say I bave exercised tbi* power under tbe provision* of tea first section of tbe act of February 13,1796, which, so far as they are applicable to vacancy caused by removal, I understand to be stilj in force. Tbe legislation upon the subject of ad interim appointment* in tbe Executive Departments stand* as to the War Office az follow*: ‘ ’ Tbe section of tee actof the7tbof August, 17ti#, made no provision for a vacancy in tbe case of a removal of tec Head of tbe War Department. Upon the occurrence of such a vacancy it gives the charge and custody of tbe records, books and papers to tbe Chief

Clerk.

Next, by tbe act of tbe 8th of May, 1792, section 3, tits provided teat in case of vacancy occasioned by death, absence from tba seat of Government, or sickness of the bead of tbe War Department, tbe President may authorize a person to perform the duties of tbe office

ne*. Kerr,

Marshali, McCormick. McCullough. Morgan, Morrissav. Mungen, NiMsck, Nicholson, Pbclp*, I’ruyn, Randall. Ris«, Sltgreaves, Stow an. Stone. T.ber, Trumbull of KenUickv, Van Arken, Van Trump, Wood, and

Woodward—47.

The announcement of tbr result elicited no mantfoatatlon. but tbe Immense audience wbich bad filled tbe gsllerle* and corridors all day gradually dispersed until tt was reduced to less than one-fourth of Its original

number.

Mr. Stearns, of Iowa, moved to reconsider tbe vote (<y wblcb the resolution, waa agreed to, and also moved to lay tbe motion to reconsider on tee table. Tbe latter motion was agreed to, tbls being tec parliamentary mode of making a decision final. Mr. Steven*, of Pennsylvania, tben offered tbe following resolutions: Resolved. Tbat a committee of two be *p. jointed to go the Senate, and at tbe bar thereof, in tee name of tbe House of Representstatives, and of all of tbe joeople of tbe United State*, to impoacb Andrew Johnson, Presldentof tbe United States, of high crimes and misdemeanors lo office, and acquaint tee senate tbat tbe House of Rcpr>entativea will, tn due time, exhibit particular articles of Impeachment against him, and make good tee tame, and teat the committee do demand that tee Senate take order for tbe appearanceof said Andrew Johnson to auswer said Impeachment. Resolved, That a committee of seven be appointed to prepare and report articles of Impeachment against Andrew Johnson, President of tbe United State*, wttb power to send for person*, paper* and records, and to take testimony under oath. Tbe Democratic mem bora attempted to resort to filllbutterlDg, but were cut off after an Ineffectual effort by a motion to suspend tee rule*, so as to bring tbe House immediately to a vote on tee resolutions. Tbe rule* were suspended, and tbe resolutions were adoptedyes 124, nays 42. Tb* Speaker then announced the two committees as follows: Committee of two to announce to the Senate tbe action of tbe House, Messrs. Stevens, of Pennsylvania, and Bingham,of Ohio. Committee of seven lo prepare articles

beauty of tbe remedial and preventative pr cess Is clearly demonstrated. He i* dull and

not see t s and pu

Impeacbmt nt. By tbe a xtb section of th* act

impeachment, Messrs. Boutwell, of Masseaebusetts, Stevens, of Pennsylvania, Blogham, of Ohio, Wilson, of lows, Logan, of Illinois, Julian, of Indiana, and Ward, of New

York.

The House then, at twenty minutes past

six o’clock, adjourned.

The following letter, sent by tbe President to Stanton, has not heretofore been published:

Executive Mansion.)

Washington, February, 21. j Bv virtue ot tbe power and authorl-

cess biln<

beneficial result*

d who can not see Its necessity and tbe

urposes of the trial by

Sir:

ty vested in me as and laws of tbe United State*, vou are iby removed from the office of Secretary

duty that can be charged as a crime or misdemeanor against the delinquent officer. Whatever doubt may bave arisen In otber cases, tbe one we are now considering presents no basis on wblcb to rest a doubt. Deliberately, not to say defiantly, tbe President baa violated a penal itatute of theUnlted State*, and thereby committed a high misdemeanor, wblcb tbe law nxvh "ball be puntabed by a fine not exceeding $10,000, or by Imprlsonmeet not exceeding three years, or by both of said punishment", In the discretion of the court.—Act of Mareb

2,1807, sec. 0.

AU tbe circurnstances attending upon tbls case sbow that tbe President's action was deliberate and wlllul. There ts not a shade of excuse or palliation tn tee ease as It is presented to us. He perversely bas rusbed upon bts own destruction. Obstinately be has forced upon u* an issue upon wblcb we must join or prov* ourselves unworthy representative* of a free people. We bave not sought tbt* Issue, but bave resorted to every legitimate means to avoid It. We have manifested no undue desire to exercis* tb* impaachtag power wblcb Is vested tn tbls House exclusively by the express term* of tb* Constitution. Guided by a sincere destr* to pass thl* cup from our lip*;

referred to, it u provided that every removal, appointment, or employment mad* exercised, contrary to the provisions of thl* act, or that making, sealing, countersigning, or Issuing of any commission or letter of authority, for or tn resjiect to any sucb appointment or employment, shall tie deemed and are berehy declared to high misdemeanors, and upon trial and conviction thereof, shall be punished by a ttae not exceeding ten thousand dollars, or by Imjirlsonment not exceeding five years, or both said punishment* in the discretion ot the court. Now, Andrew Johnson, on tbe 21it day of February, 1868, Issued hts commtsslonary letter of autbortty to Lorenzo Thomas, appointing blm Secretary of War ad interim, and commanding blm to take possession of the Department of War, and to eject tbe lucumben', E. M. Stanton, tben tn possession of said office. Hence, If tbi* act stood Hone, it would be an undeniable official misdemeanor, not only misdemeanor perse, bat declared to be ■o by tbe act iteelf, and tbe party mads Indictable and punishable In a criminal proceeding. If Andrew Jobnetm escape* with a bare removal from office; If be be not fined end Incarcerated in the penitentiary afterwsrd, under criminal proceeding*, be may tbank the wisdom of Congress and not bis own Innocence. We shall propose to prove on the trial that Andrew Johnson was guilty of misprison, of bribery, by offering to General Grant, if be would unite with him In bis lawless violence, to assume, in bis stead, ibe penalties and to endure tbe imprisonment preacrlbsd by the laws for bribery, as one of tbe offense* specifically enumerated, for which the President may be Impeached and removed from office by tbe ConiUtution, article second, section second. Tbe President ba* power to nominate and, by and with tbe advice and consent of tbe Sratto, to appoint all officers of tb* United States whose appointment* are not therein otherwise provided for, and which shall be ertabliibed by law, and fill all vaesnees that may occur during tb* recens of tbe Senate, by gran ting commissions, wbfeb shall expire at the end of their next

•aaston.

Nowhere, either in 'the Conatitution or by etaiute, bas the President power to create a vacancy during the recess of the Senate, and fill it with tbe advice and consent of the Senate. And yet on the 21*t day of Februarv, 1868, while the Senate was tn session, be notifled tbe heed of tbe War Department teat ha waa removed from office, and his successor, ad interim, appointed. Here ia a plats, recorded violation of the Constitution and laws, which, if it stood alone, would move every hoswet and intelligent man to giv* hi* vote for Impeachment. .The President had persevered in hi* lawless course, through a long •arte* of unjustifiable sou whoa the ao call ad Confederate State* ol America-ware conquered and had lain down theii ame aad surrendered testa UrrUory to thovletorlous it, aad tho

po’

President by tbe Constitution and laws of tbe Until hereby removed from the ol of War and your tuucttoD* as such, will terminate upon tbe receipt of this commonlcatton. You will transler it to Brevet Major General Lorenzo Thomas, Adjutant General of tbe army, who this day baa been authorized and empowered to act ts Secretary of War ad interim all records, books, papers^and otber public property now to your custody, and ebarge. Yours respectfully, (Signed,) Andrew Johnson. Hon. E. M. Stanton, Washington, D. C. Ills supposed that tbe application for the writ against Stanton, Is to sbow tbe cause why be retains tbe position of tbe War Department, will be made to-morrow. The Senate referred tbe nomination of Thomas Ewing, as ikeretary of War,to the Commltteo on Military Affairs. Hec«jtl4«n*t Executive mansion. Tbe reception at tbe Executive mansion tonight was largely attended notwithstanding tbe disagreeable weather. Tba President did not seem disturbed by tbe action of tbe House but received bis many friends in bis usual manner.

bave been taken from tbem, so far ss^tt applii to tbe seven beads of the departments; but

ubt, sati s wers (

express and only re-

ite;

satisfactory

ed

i provide

From New York. mass moating In support of Ute Pre-sident.-Iter illy In* Eatahlls lament DentolisMe* by the Explosion of a Still. New York, Monday, February 24. A mas* meeting in support of the Preeldent is called by tbe Andrew Jobneon Club to meet at me City Hall Park to-morrow afternoon. Rumors have been afloat to-day of martial law in tbi* city, raising of troops, etc., but all turned out canards. Tbe nows from Washington, however, bas created great excitement, and one call for men to repel any revolutionary attempt on tbe part oi Congress has received quite a number of signatures. A rectifying establishment, No. 531 Twelfth street, was demolished this alternoon by tee explosion of a still. Several tenement houeee adjoining Were damaged and two persons seriously injured. Lose $5,000.

until a successor is appointed or the disability removed. The act, it will be observed, does not provide for tbe case of a vacancy caused by removal; then by tbe first section of tea act of July 13.1795, it is provided that in

V ~ Ill,, - V .IS, of tbs President to f ar. recognized it as

! alone, without tbe " lv

vanla, Winslow,

Speaker—126.

Nays — Messrs. Adam*. Archer, Axtell, Berne*. Beck. Boyer, Brook*. Burr, Barnurn. Cary, Chandler, Eidridge, Fox, Geiz,

Giossbrenner. Gallauay, Grover, Haight, Uol- Ignatioo ot tee power bv tele act. ts therefore man, Hotchkt**, Hubbard, of rionnocricuti, complete ao a recognition under •*• Conatitu-

H*itnphrey,_ Johnson, Joaea. Kerr, Knott, tion i ~

trora '

act, which refers to this quaaiioa and ib*t

War, ot tbe Navy, tbe Pertmastcr General,

i Attorney General shall bold their lenectfully for and during tbe term of lident by whom they may have been

iteelf, for there was ar otber autborl'v wbich It could be derived The alter which refers lo thle question and ibai regulation the tenure of certain cirM otfioere. passed by Congress on tbe second dey of March, 1X7 Tba t)r*t section of teat act 1. in the following words: That every person bolding any civil office to which be bas been appointed by and with the advice and consent of tbe Senate, and any j>erson who shall hereafter be appointed to any sucb office and shall become duly qualified to act therein, or shall be entitled to bold office until a successor shall bave been In like manner epiieinted or duly qualified, except as herein otherwise provided'; provided, teat the Secretaries ol Sta’e, of the Treasury, of War, ot tbe Navy,

of the Interior, and tbo Attorne

office* reej tbe Presic

appointed, aad for one month thereafter, subject to removal by and with the consent of

the Senate.

Tbe fourth section of the same act restricts tbe test office to tbe limit prescribed by the law creating them. Part of tbe first section, which precedes the proviso, declares that every person bolding a civil office to wbich be may have been may bo apjiointed, by and with the advice and conaent of tee Senate, shall bold sucb office until a iccessor shall bave been in like manner appointed. It purports to take from the Executive, during the fixed time established (or tbe tenure of office, tbo independent power of removal; to require for sucb removal the concurrent action of the President and the Senate. The proviso teat follows proceeds to fix the time of office of tbe several head* of departments wb>se tenure never bad been defined before. Hy prescribing that they abali bold their (ifflees respectively for and durtrg the term of tbe President, hy whom they may bare been appointed, and for one month thereafter subject to remo- at by and with the conseat of tbe Senate. Thus, "as to ibeie enumerated office* tbe aforesaid proviso takes from tee President the executive power of smoval, except with the advice anu consent of tbe Senate. By Its terms, bowever, before he can be deprived of tbe power to d splace them, it must appear tbat be.blmeeif, ba* «ppoinled them. It Is only in that case they have any tenure of office, or any Independent right to bold during the term of the President, and one monte after tbe cessation ot bis official function; the proviso, therefore,give* no tenure of office to any oi e of these office; s who have been appointed by the Pi e'Idem beyond one montt^, after the accretion of the successor. In the ease of Mr. Stanton tbe only appointment under wblcb he held tbe office of Secretary of War, was that conferred upon blm by my immediate prede cereor. with tbe ad vice and concent of the S< n - ate. He never held from me any appointment itbe head of lb* War Department. Whatever right be bad to bold the office wu derived from the orlgional appointment by my own sufferance. Tbe law was not intended to protect such incumbent of tbe War Department by taking from the;Prestdent tbe jo wer to remove him. Tbis.tn my judgement, ts perfectly clear. The law itself admits of no other construction. We find tn all tbat portion of the first section which preceed* the proviso as civil officers generally, the President ts deprived of tbe power of remova, and it is plain that if there had been no proviso that the power would just as clearly

July 13,1795, it is provl

case of any vac ncy, tbe Pre-ident may *p pi In t a pert on tojerform tbe du let Wane the vacancy exists. These acts ar# followed by that of the 20th of July, 1863.' By tbe first section, provision it again made for a vacancy caused by death, resignation, or absence from tee aeatof Government, or tee sickness of tbe bead of the army or Executive Department, and upon tbe occurrence of sucb a vacancy, tbe power is given to tbe President to authorize the head of any otber Executive Department or other officer in either of said departments,whose appointment is vested Ut tb > President ,at bis dticretion tojoerform the duties of the said respective officers until a successor be appointee,or such absence or inability bv sicknere. shall cease, provided that no one a ac tncy shall be supplied tn tbe manner afoiesatd for a lonter period than six month. This law, with some modilicatior, re-enacts tee act of 1797, and provides, as d d that act, for the sort of vacancy to be filled; but like tbe actof 1792, it makes provision for a vacancy occasioned by removal. It bas reference altogether to vacancies arising from otber causes. According to tuy construction of the act of 1863, while it repeals tbe act of 1792, regulating the vacancies therein described. It has no bearing whatever on so much of the act 1795 m applies to vacancies caused by removal. Tbe act of 1795. therefore, furnishes the rule for e vacancy occationed by removal and alep those vacancies which are expressly referred to i a the act of the 7lb of Auguct, 1789, cresting tee Department of War. Certainly there is no express repeal by the act of 186J of tbe act of 1795. Tbe repeal, If there ts any, U by implication and can only be admitted. so iar as there is a clear inconsistency between the two acts. The act ofl79o i*Jneon*i«tent wltb tbat of 1863. As to vacancy occasioned by death, resignation, absence or sickness, but not at ail inconsistent to a vacancy caused by removal, it is assuredly proper that tbe Piesident should have the same power to till, temporarily, a vacancy occasioned by removal, as he has to supply a place made vacant by deaih or expiration of term. If, for !ntiaoce, tbe incumbent of an affioe should be found wholly tiotit to execute the functions, and the public service shuUid require hts Immediate expulsion, a remedy should exist and be at nme applied, and time be allowed the President to select and appoint a successor, as is permitted him In case of vacancy caused death or the termination of an official term. Tbe necessity, merefore. for an ad Interim appointment t* just as great, and indeed, may be greater in cases of removal than in others. Btfore it can be qptd, therefore, teat tbe power -granted by the act of 1797 in cases o' removal as abrogated by succeeding legislation. An expre*« repeal ought to appear. So wholesome a power snould certainly not he taken away by loose ImplicatFra. It may be, bowever. ibat in this as tn otber cases of Implied rcjieal, doubts may arise. It Is confessedly one ofubs subtile and deoatable questions which arise in tbe construction of statutes. If, upon such questions, I hare fallen into an erroneous construction, I submit. whether it should be charactered as a vio-

lation of official duty and of law.

I bave deemed it proper in vindication of the com so woicb I have considered it my duty to take, to plB‘-e before the Senate tbe reasons upon which I have based my action. Alibough I have been advised by every member of my Cabinet that the entire tenure of oflloo act is unconstitutional, and therefore void, and although I bave expressly concurred in tbat opinion in my message, which I had tbe honor submit to Congress when I returned tbe bill for consideration. I bave refrained from making a’’ removal of any officer contrary to tbe provisions of tbe law, and have only excised tbat power in Abe eae* of Mr. Stanton, which. In mv judgment, did not ome within its provisions.' I have enavored to proceed with tbe greatest

i an ex-

ilSo follow

com deal

elreumspection and bave acted only In an ex-

treme and exceptional case; careful;

tee eouse which 1 bave marked opt for myself

os a general rule, faithfully to execute all the laws, though passed over my objection, on tba score of constitutionality. In tb* present case I bave apjiealed, or sought to apjieal, to teat

final arbiter fixed by tbe Constitution for the

determination of all such questions. To this

course I have been Impelled by tbe eolenut obligations which rest on me to sustain inviolate the powers the high office committed to ray habds, whatever may be tbe cpnse-

quences merely personally to myself. I could

tain. If I had been fully adtfsed when I removed Mr. Stanton, that la thus- defending tbe trust committed to K my bands, my own removal was'sure’to follow, I could not bave hesitated. Actuated by public considerations of tbe highest character, I earnestly protest against the resolution of tee Senate which charges me, tn what I have done with a violation of tbe Constitution and taws of the United States. [■signed.] Andrew Johnson. Washington, February 22,1|S8.

CABLE.

OF DISORDER IN CORF# UEGISUATIF,

Dcatb of Cbairman of Board of Directors ol Abffla-Aneerl/ can Telegraph Company

FINANCIAL AND COMMERCIAL

FromDunkirk. DeafrnettTo Fire.

Dunkirk, Monday, February 24.

A fire on Center street, last night, deatroyed twenty-four stores and dwelling*. Loaa,

$600,000.

Tbe buildings were mostly frame, and untnaured. The stock in stores was Insured Mr

$20,000.

Among the sufferren are—Kerby Brothers, IfeBtagaan, 3. S. Hay#, Louts Koeh, J. Flu#afcaa*, AUahand * Ggaff. W. Dawsaa, 8. Hone, E. Groves, A. Strauss, P. Bloomfield, D. tad

for reason* which were, no dou Congress, the principal officers we:

for, and as, to them,

quirement that the Fretijent who has appointed them, shall, without the advice or consent of tbe senate, remove them from office, tho cm*quence that, as to my Cabinet, embracing tbe officers designated in tbe first section, takes from me the power without tbe concurrence of the Senate, to remove any one otlbem. thive tbe appointment,but it doesnot project such ot them as I did not appoint, nor give to them any tenure of office bejon-d my pleasure. An examlnatibn of this act, then, shows tbat while, In one part of this section provision i* made for for officers generally, in another clause there te a class ot officer* designated by thetr official titles, who are exempted from the general terms of tbe law, and in reference to whom a clear distinction Is made. As to tbe general power of removal, limited In tbe first clause of tbe section, this distinction Is, teet as to ■uch of there enumerated officers m hold appointments under tbe President, the power of removal can only be exerclsad by him with toe consent of tbe Senate; while s* to those who have not been appointed by him, teem la no like dental of his power to displace them. It would be a violation of the plain meaning ot this enactment to place Mr. Stanton upon tola footing, as these bead* of department* who heve been appointed by myself aa to blm. This law give* blm no tenure of office. Tbe members of my Cabinet, who were appointed by him, are by tola act entitled te hold for one month after to* term of my offioe ehall cease; but Mr. Stanton oould not, against the wishes of my auccessor, bold a moment thereafter. If be were permitted by tbat euecessor to hold for the first two weeks, would that auccessor have -ao power to remove him—but toe power of euecessor over him would be greather than my own? If my tuccesaor would have too powar to remove Mr. Stanton after permitting him to remain a period of two weeka, because he wm not appointed by him, but hy hie predeceaaor; I, who have tolerated Mr. Stanton for more than two yaara, oartalnly have the eame right to remove him. And upon the eame ground, namely: that be waa not appointed by me, but my predecessor. Under thl# construction of the tenure of office act, I have never doubted my poww to remora him whether tbe act wa# eoaatttuttonal

or net.

A Scene •( Disorder In Corps Legis-

1 stair.

London, Monday, February 24. A remarkable scene occurred at the iMt session of tee French legislative body. The Chamber was engaged In a discussion of tee btii for the regulation of tbe press. M. Ilouln, of tbe Siecle, rose, and said tbat he bad a document wbich be wished to read to tbe members. ft was the judgment of tbe court exonerating himself and M. Gueralt from tea charges brought against them by the Government. Tbe President interrupted Houin, and retused to allow him to prooeed. Houin insisted on reading the document. Much disorder and confusion prevailed, whereupon the President declared tbe sitting for tbe dey dissolved. The Government members tben retired. Tbe Liberals remained, loudly protesting against the arbitrary action of tbe President. Tbey were finally expelled from the build’ng by tee officers, and the gM extingiiibed. Financial and Commercial. London,February 25.—Consol a, 2’4: bonds, IX; Illinois Central. 7X; Erie, 45. Liverpool, February 24.—Cotton heavy nd prices declined to 9%@9^d.; for upLanda lOd. for Orleans to arrive 9,Xa. ObltaaryLondon, February 24.—Charles E. Stewart, chairman of tbe Anglo-American Telegraph Company, died euddenly to toe board room on Wednesday last.

From Trenton. ■.eglalatnro Faaaeo Resolution off Sympatnr wUM tbe President. Trenton, Monday, February 24. Both Houaes adopted, hy a party vote, resolutions of sympathy with tbe President, and directed the preparation of resolution* by toe Committee on Federal Relation* on public affair*. From Harrisburg. Sentanc* of n murdorer. Harrisburg, Monday, February 24. William Donovan wm aentenoad to ba exesecuted at York, on March 81, for the murder of toe Squa bb family. ’

A Connecticut farmer has pulled up a rad1th aevauty-llTe feet long and walled up th* hole for a well.