The New York Herald Newspaper, February 25, 1868, Page 3

WASHINGTON High Crimes and Mis- demeanors. Great Debate in the Houee of Representatives. Adoption of the Impeachment Re- solution by a Vote of 126 to 47. Graphic Description of the Scenes at the Capitol. Message of the President on His Right to Remove a Sec- retary of War. Stanton Still im Possession of the War Office. Wasu:ncron, Feb. 24 1868, 11 o’Clock P. Impeachment ef the Presiden On the 24th day of February, A D. 1868, in the eth year of the snd nce of the Ca: nd tn the term of office of the sevent the House of Representat:ves solemnly !mpeach tho Chief Magistrate of the nation, charging him before the World with the commission of high crimes and misde- meanors, and resolving to call upon that highest judicial tribunal known to the constitution of the country—the High Court of Impeacbmeat—to summon Andrew Johnson before it and put him upon trial on the indict- ment by them to be presented, Thus is {naugurated a proceeding provided for in tho organic law of the land, but hitherto looked upon as a solemnity to be invoked, and designed by the patriot fathers to be resorted to only when necessary to save the life of the nation. The Offence of the President. ‘The crime commitied by this President, rendering mocessary these unprecedentediy severe proceed'ngs, is the removal of an obnoxious Cabiuet Minister—an act which, though freely indulged in by every predecessor of the proseut incumbent of the Exeoutive office, has never-been questioned, much less characterized as a “high crime or misdemeanor.” ¥ ‘The day that witnessed the accomplisument of this anomalous procedure aptly accorded with the character of the act— gloomy and dark, with a storm, half rain Balf snow, continuing throughout the session of the Dody, as if the ry heavens sympathized with the grief of the nation at tho perilous times upon which it had fallen and the extremities to which partisan bate and ‘aalice had brought the people. No natural sign could well portray more vividly the ropuznance inspired. The Populur Interest in the Actiou of the House. But notwithstanding the unpropitious state of the Weather, so intense was the popular interest in the Momentous movements pending, that hours before the time for the assombling of Congress every car bound (bitherward was crowded to excess, while the public coaches and other conveyances were sadly worried to supply the demand made upon them by the eager multitude hurrying to secure seats in the galleries of the House, The fact being known that the House would assemble at ten o'clock, two hours earlier than its usual hour of meeting, caused many burried break- fasta, and emptied the hotels of their usual throng of morning loungers and gossippers, At eleven o’vlock the western end of Pennsylvania avenue was literally deserted, and the lobby of Wiliard’s Hotel was as empty es at midsumm Tt were useless to attempt to disguise tho (hat no proceeding in the history of eountry has in its incipiency so worked upon the emotions of the people as this impeachment of the President; and while the outside throng, di- vided, as they are, between the aduerents of the Con- grossional and the Executive factions, felt their impo- fency to influence the action of the House either way, and accepted as a foregone conclusion the cer- tainty of the impeachment, yet everybody was most anzious to be prevent and witness the consummation of the grand act, The Tribunal for the Trial of the President. The impeachment by the Houzo of Representatives constitutes the Mrst act in this grand drama, It fe the political act. The second act is tho _ Wiel by the Senate in its © grandest character as High Court of Impeacnment, presided over by the Chief Justice of the Supreme Court, This is the jadiciai act, The Grst is influenced by partisan zeat and Political ambition; the second cam bo governed by no motives or considerations eo low and selisb., Every membor of that court must subscribe toa solemn oath to adjudge and determine ths case according to the law and the evidence. Now all partisan prejudice must be Jaid aside, all political motives buried under the fearful alternative of committing a perjury, which, though it may not be detected and punished by statute law, will, in the judgment of all future goverations, condemn the guilty one toa dishonorable and ignominious remem- Drance in history. This is a feature of the trial but 1ittlo thought of by those who, judging from the action of the House, so ippastiy predict a sentence of guilty by the Senate, Indeed, ¢' radical partisans, when found endowed with reason and inteliect, admit that there is but a small chance fora conviction of Mr, Johnson, Though asa body these partisans, “whistling to keep their courage up,'’ declare that withia thirty days Benjamin &, Wade will be the incumbent of the ‘White House, the droppings of private conversation be. tay the utmost anxiety and a gonoral doubt of the auc. eas of their echomes, The Probable Course of Chief Justice Chase. To-morrow the Senate will be informed in proper m: ber of the impeachment of the President, The C Justice is then to bo notified of these proceedings by the Senate, and his attendance invoked, without which Attendance ao further stepsean be taken, It is alto. gether probable that the Chief Justice will accommo- date the Senate in the incipient stages of the trial—that ia, in the organization of the court, the summon- ing of the respondent and the necessary wit. nesses by giving hie attendance whenever it may suit the pleasure of the Senate, But it must be borne im mind that the Supreme Court of the United States, of which body the Chief Justice is tho presiding officer, fe now in ression with # docket crowded with important cases awaiting its action, It ie not probable feetion will be closed within two months yet; Mei probabie that the Chief Justice will relinquiab his fact our The President hones ee a we ee SEES ORE, Te 2 eee YORK HERALD, TUESDAY, FEBRUARY 25, 1868—TRIPLE eat as the presiding officer of that court, of ite most arduous duties, te preside over another court It tg, therefore, quite probable that the haste evinced by ‘the House in crowding this impeachment through will meet with a severe if not dangerous check in the post- ponement of the trial for two or three months. ‘There aro reasons for believing that such will be the result, The action commenced by Mr. Stanton against General Thowas wil! probably be carried ultimately to the Suprome Court, where the argument will tura mainly upon tne validity of the Tenure of Office bill, amd the opinion them rendered will settle the constitutionality or uBconstitutionality of thatact, As the impeachment is based upon the validity of this act, should the Supreme Court before {ts adjournment decide the act repugnant to the letter and spirit of the consti- tution, the President stands acquitted without « tria), and @ pro forma verdict of acquittal must be rendered by the High Court of Impeachment. 11 is by no means likely that the Chief Justice wil! consent to the trial of this question of the constitutionality of a by one of the bodies that enacted {t, wh:ie he is identified with another cours constituted aimost exclusively to de- termine such questions, Hence he wit! more readily avail himself of the opportunity afforded him of de- the trial to order that the proper tribunal may juestion, at the Capitol. The beautifui snow, whirling gayiy among the weird and attenuated Dranches of the old trees in the Capitol grounds, an4 enveloping everything in a mantle of im- maculate purity, was destined to be trampied ruthlessly under foot by coumtiess peaai extremities this morning and its virgin whiteness reduced to a congiomerate of congeated wud, s:ush and snow, A!! along the avenue which leads to ti ation the track of am army might be trac abie footprints that marked the surface of the approacn,. The miserabie Street raiiroad cars deposited their burdens every five minutes at the gate of the Capito: entrance, aad the throng of procese:omists was momentarily augmented unit i$ ecemed as if the capacity, oat as it 1s, of the Capitel, would fail to bear the strain of invading humaulty that surged aga‘nst. i portals. The flag above the Rouse wing fluttered be. fore tts customary time, and asevery eye in the pro- cession of visitors rested for a moment upon its well known form, the impression was wrougnt that Congress was intent upon some uasual business, and that the premature appearance of the fag augured a portentous meaning. The Rotunda, with the exception of its cool, subduing atmosphere, was a placo of much attraction, It was intereeting to watch the strangely varied crowd of alght-scers, as complex in variety as the colors of Josoph’s coat, Here was the hirsute and awkward rep- reeentative from the West, with a ng escort of three or four or half a dozen of those extraordinary female specimens trom our great Occidental empire, who think the show of Trum- intere buil’s pictures, “free gratis for nothing,” almost as cheap asa cucua, Thon, agsin, a knot of country bumpkins, with abbreviated pautaloons turmed up to exhibit boots of formidable size, oblivious of the boot- black's art, went from picture to picture, from the “Landing of Columbus” to the “Surrender of Corn- waili,”’ and wondered, no doubt, if anything in crea- ton was more marvellous, Again, @ quiet family might be seen, probably the relatves of one of those unobiru. sive members of Congres s whose service to their country is recorded not in words but in deeds, gazing at the de- lightful picture on the north side of the Rotunda, repre- senting tne Father of bis Country talking philosophy to one of bis Boswellian admirers while overlooking a fcene of the most natural beauty. The picture iz a familiar one, but none the less attractive. In ums Rotuuda to-day a, misiature panorama of Amor! an society might be discovered, The substratum, tho middle layer and the upper erust, were all delight fully blended, Ine Jogislator from the West met his brether lawinaker from the East; the visitor from the extreme limits ef the Union—say Oregon, or possibly Alaska—met some old frieud from New York or Ponn- syivama, and for aconsderavio sha.e of the forenoon the ample floor of the Rotunda was a grand vantage ground or field of recognition, and it might be recoa- ciliation, that to the disinterested and benovolent ob- server was @svurce of truc enjoyment, The impeachment of President Jonnson might have been the source of all this unusual gathering, but noth- ing could be detected tn the facial expression of the host of visitors who lounged about the Rotunda, carcored along the ample corridors or peered imto every nook and corner of the Capitol building, but a look of curi- osity, a feeling which moves people at all times to rusb where something unusual in ths everyday Listory of life ts about to transpire, littie heeding what its nature or ultimate consequence may be, Your correspondent had but litte time to observe these features in the events of tals memorable day, for his attention was chicfly directed to other and more im- portant quarters of she Capitol. Leaving the Rotunda for the House, where all the interest ceu- tred, @ perfect jam was experienced on the way. Horo were numbers passing in counter currents, some for the senate, others for the House, and others with dishearted looks for home, Some stood to stare at Vinnie Ream's sculpture, and try to discover a resemblance in the plaster cast of Old Ben Wade with the original enigma that presides over the Senate and aspires to hold the next reception at the White House, Doctors, lawyers, tore and a hundred other profes- sions too numerous to mention jostied each other in the old fron rajled passage way that leads through the contre of the quondam assembly hall of Congross: Moving further ou the entrance to the lower legislative chamber is reached, and around it surges an eager crowd hailing from all sections of the country. One man wants to see tho momber from the Fifth or Fifty-ftth district, and the usher at the door is supposed to koow where every mumerica! section of the national domain is situated and who Is Its fortunate representative. Another wants to go in on the floor and see some of his old acquaintances, And still another cannot see the gallantry or hospitality which denies himself a 4 his interesting female acquaintances seats on the foor, ‘Stull furthor on, over the tosselated pavement and tura- ing to the left, another masa of human beings is found clinging to the marble balustrades and wrapt in mute admiration of the great, broad, Saring fresco of a party of hardy pioneers surmounting the perils of the Ameri- can Desert and planting the fag of freedom on the crags of the Rocky Mountalos. This was a scene of interest to those who had uo chance of approaching the gaile. ries, and they were the outside crowd who promenaded the corridors of the galleries for four hours to-day, vainly endeavoring to hear a word (rom the fire-eating mouths Of the radicals, Further on, sti! up the marble steps, and turning once more to the right, there was another mate of curiosity seekers peering over each others, shoulders down into the vasty deep of the Congressional pit, from which faint sounds emitted that indicated the progress of the great political perturbation The unoficial visitors found themselves suddenly confronted with @ barrier on the hall of the gallery, and fair ladies, for whom one might dewre a better fate, wore cruelly turmed away to seek am the rude throng of men some vague glimpse of the bear gar Delow, The regular representatives of the press, aad ‘det | the impromptu 1s bogus repres@ntatives of the same’ passed the barrier, and turning te the left started with sanguine popes for comfortable quarters in their own legitimate gallery. Here, however, was another di(f- culty, The members of the body which has been so instrumental in giving the country its recent galvanic and hygienic shock had on the previous evening con- cluded to motify the Speaker of the House that 1: Would be well to confine the accommodations of the Reporters’ Gallery to members of the prees alone, This guggestion was literally acted upon by the Speaker, and ndreds, strange to say, were denied edmission, though they earnestly asseverated that the press of the country was @ependent upon their representation ip the coveted gallery of the reporters, The correspond- ents deemed it wise to petition the Speaker anew to medify his well intentioned order so as to embrace two or more from each leaa'ng paper. This was acceded to and the hearts of many were rejoiced. The Scene In the House of Repre tives. Let as now take @ view of the interior of the House as it appeared while this ever memorable debate was ‘pn progress, Looking fronf*the Reporters’ Gallery, where, after all, the very focus of intelligence was concentrated, there appeared « perfect reclangalar sea of faces. Away in the remote cornera, thickly wodged and evi- dently uncomfortable, was a mass of humanity that nothing but a serious political upheaval could have Drought together, Siretching away on the length of this rectangle, tier above tier, white and black, radical and Teactionist, was @ serried auditory of men who gave 20 token of the feelings, but satin imperturbable mood from the beginning to the end of the proceedings. In one of the transverse galleries a formidable show of ladies beamed brightly on the otherwise monotonous picture. Row after row, rising hove the other, displaying all the colors. of the ra:nbow, and many other shades te which the ra:nbow {9 a stranger, spread away from side to side of the chamber. if of the opposite transverse aspect, and many @ furtive by eome of the grave impeach the direction of tho fair divinities hedgea’ in by the metallic lattice work abov The Great Debate on Impeachment. And then at ten o'clock commenced the debate, to which, of course, aii ears wore directed. Ashley began the fray—Ashbiey the synonvme for impeachment, ‘he discomiited hero of a simi:ar bygone tournament rose up like a disregarded prophet to vindicate his past pree dictions, and in a vo:ce of ommous meaning told the assembled legisiators, who were wont to use towards bim the Isnguage of reverent Hebrewism, that the time had come when b:s political apocalypse was near ita realization, and when his prophecies were about being fufiled. Cook, of Iilinols, infected with the genius of Ashley, followed, and prociaimed bimself a supporter of impeachment measures, Cook made littlo impression, but he andica ed, aa a slraw does, the cur- rent of the stream. ‘ben Hoyer, of Pennsylvania, a thin, nervous, ciear spoken aemocrat, stood up and spoke as the henchman of the Executive, His sentences were woll (urned and-his manner earnest; but his pearis Of rhetoric were trowa away upon unappreciative eal Kelsey, of New York, spoke in turn with a cautious and del.berative stylo, as though his words wero of golden moment and the fate of the nation was in Kelsey’s keep- ing. He buried his animus against Jubnson, and of course had no objection to impeachmeat, He was fol- lowed by Cake, of Pennsylvania; Beamun, of Michigan; Bisir, of Michigan, aud Washburas, of Iilii- pois—light end heavy artillery in repetition pouring red hot shot into the Presidential lines, Woodward, of Pennsylvania, stood up to stem the radical torrent and to speak a word of praise for the forlorn Executive of the nation, His words were well chosen, but they were read from written page: delivered without eny attempt at di-play, and iu @ tone mmaudibdio to the great mass of hearer. Then followed in a radical rush Wilson, of Tow: Wooddri of Vermont, and Batler, of Benjamin's tribe, each m bis own way proclaimig the degres of patriotism that burned within him, and arguing the beauties of impeachment. Wood and Pruyn replied, Fernando with manuscript to refrosn bis memory, and Prayn with the associations of the hour to prompt bis fancy to Its bighest flighta Poland, of Vermont, next relieved himself on the republican side, Stokes, of Teoneseee, with the ghost of Browalow hunting his vision, spoke strictly to the radical text, and saw, as he professed, the salvation of the Luman race in tue im- peachment of Andrew Johnson. Judd, of Illinois, once our Minister to the house of Hapsburg, woinlucuced by the monarohical inspiration he might bavo imbibed wnen abroad, weut io also for impeaching the chief ruler of the nation. Eldridge, of Wisconsin—the irrepressible Eldridge, great in all things democratic—raised bis sonorous rotce against the threatened measure; and so did Taight, of New Jersey; and ¢o did Niblack, of Tndiaca, Theo hike avalanche came down Broomall, of Pens:y!vania; Benton, of New Hampshire; and Bout- well, of Massachasetts—three great B's swooping down upon the poor defenceless democrats, crashing them to the earth by sheer force of numbers, and knook- ing (the wind to all appearances out ef the forlora band of Executive defenders, Boutwell felt at home. It was poetic justice to kim to revel im the anticipated victory he once essayed so earnestly to ac- complish; and now he saw in his mind's eye the hoet of docialmers in his own party who opposed just the same measure he once vet ore so ably advocated coming around to beg bis pardon for their short sighted policy. After soven hours of protracted debate, the solemn question before the great body of the representatives of the poopie having been discussed with a delibera- tioa aud calmness commensurate with the importance of tho issue involved, Thaddeus Stevens, of Pennsy!- vania, rose to make the closing speeon, Notwithstand- ing the fechieness of Mr. stevens, he wag prosent during the larze portion of the day and listened with solemn attention. A chair bad beea placed for him by the Speaner’s desk, from which he conld observe the pro- ceedings) When the Spesker announced “the gentie~ man from Pennsylvania,” with an effort incident to bis advanced years Mr. Stevens rose from his # and tot- tering a few steps forward, and supporting himaslf upon hia cat remained for severa! moments in impress- ive fence The attention of every member was rivet- ted upon the enfeeblod form ot the great Commoner, Many of those occupying seats in the remote portions of the hall drew around the speaker to take in every ac saa it fell from the lips of one who has so long mar- ehailed the radical element In the lower branch of the national legisiature, In the densely packed galleries @ tensation parsed through the crowds, and every face leaned forward, beaming with anxious interest, A breathless silence reigned, Before the of the multitude stood the haggard aad amaci- ated form of one whose steps border om the grave, ‘With one effort, contending against the decay of the flesh, with another struggle holping tovether the won- derful energies of his mind, having reached that stage in the current of siartiipg events in pursuyt of which the { hie earthly career have boon devoted, he * the Lour of bistriumpb. To him the moment was fraught with the consummation of a line of duty whieh he accepted as imperative; to him, therefore, the hour brought the sensations which iaspire the soul with the improssive influences of victory, The suceess which now crowned bis efforta was not accom. paniod with that buoyancy of spirits, thet emotion which pours out from the soul of one preud a wrong in the prime of life, The period of such menitestations of success has passed; but a i tmark of emotion could bo seen, Tran ness lit up his countenance, but seon relapsed into that ate of torpor indicating the loss of the mental fire which go often in years past bad shone forth in words of eloquence, Ina voice trembling in articulation and feeble in utterance Mr, Stevens pronounced the words of address to the Chair, Every car now opened wide to catch t words expected to fall from the exponent of the solemn atep But o few inaudible remarks were movement of the lipa. Occasionally @single aentence mitt be traced oat in the silenve which prevaile ind thee agale the trempling Nps and tottering form of the orator alone gave evidonce of the great effort which he made to perform a duty which ho fels belonged to himeeif alone, After a fow sentences thus been uttered only by the resolutiow which bas character. ined Mr, Stevens in his determination to keep up until Was over, the completion of bis speech was re- ferred to the Chief Clerk of the House of Representa: about to be taken, followed only by tives, The speech had been previously prepared from Mr, Stevens’ dictation; and though the House and the apectators were evidently disappoint 4 in not bearing it in the voice of he whose mind gave it form, it was lis- tened to with marked attention. ‘The Vote on Impeachm: Afver the Clerk had completed the reading of the speech the Speaker announced that the hour ordered by the Rouse for taking the vote upon the resolution reported from the Committee on Reconstruction having arrived, the clerk would call the roll, The crowd, which had relaxed from its austere silence preserved during the closing Of the debate, again fixed their attention upon thecioging scene. The members, impressed with the solemn verdict they were about to pass upon the official conduct of the Chief Magistrate of the nation, remained in their seats, Keeping their eyes fixed upon the Clerk's desk, each awaiting the calling of his name and ready to respond promptly according to his convictions of the sufficiency of the charges in view of the action contem- plated, The resolution was first read, and then name after name was called in alphabetical order. ‘Aye, “aye,” followed im rapp!d succession ani voices, while an occasional ‘‘No,"’ interspersed at long intervals, came up from the domocratic side of the House in still more emphatic tones, In the Reporters’ Gallery the interest taken inthe result was even more absorbing A score of busy pens followed the responses of the members, periodically in- terspersing am observation, and then again plying at the buay work, When the name of Samuel TF. Carey, republican, was pronounced, and a solid “NU'’ was re- turned, every head popped up to take an astonished glance at so bold a violation of party discipline, and then again the peng wero at work, The ro!! was nearly completed when a second ‘NO"’ from the republican side fixed all eyes upon the mild and inoffensive looking figure of Thomas E, Stewart, of New York. Your correspondent, alive to the necessity of commu- nicating the result at the earliest moiment, as the names were called transmitted each response to the wires, and while those members towards the ciose of the I:st were being called, the vote of those in the beginning were flashing with electric fight to the North, No sooner had the fast name on the roll been announced than the result followed, and some minutes before the announce- ment was made to the House the verdict was in New York. The roll having been finished. and the preponderance in favor of impcaching the present incumbent of the Executive offiee being so marked, the crowds in the galleries readily anticipated the result. The Cierk then Pronounced the count 126 yoas against 47 noes, Excitement of the Reporters. A scene of excitement now ensued im the Reporters’ Gallery, tho representatives of the press from all parts ef the country rusbing towards the telegraph ollie to the result, A storm of despatches was heaped in, and vehemeut expressions were exchanged among the en- thusiastic aspirants to procedenco in getting off specials. The Feeling Among the Spectators, The announcement of the vote seemed to create no unusual feeling on the part of the spectators, A general whisper ensued among friends or an exchange of ap- proval or d\sapprobation between neighboring occupants of seats, waa all the exhibitions that characterized tho action of the House, The Committee on Impenchment. A movoment was now made to withdraw, but the crowd became again seated as Mr. Stevens rose, holding in his hand an open sheet of paper. Mr. Stevens said he bad a resolution to offer, and Landing the paper to the Clerk it was read. An attempt was mado by the domocrats to wear out the patience of the House and delay the passage of the resoiution by a resort to fllll- bustering, but in this they were cut short by @ motion setting aside all diintory motions, Mr. Stevens’ resolu- tion was then passed by the same vote as upon tho rosoluton of impeachment, Tho Speaker then said he would appoint Mr. Thaddeus Stevens, of Penneyivani and Jonn A. Bingham, a committee to walt upon the Senate and inform that body of the action of the House; also Messrs, George 5, Boutwell, of Massachusetts; Thaddeus Stevens, of Penn- sylvania; John A. Bingham, of Ohio; James F, Wilson, of Towa; John A. Lovan, of Mlinois; George W. Juiian, of Indiana, and Hamilton Ward, of New York. to com- ativute » Board of Managers of the impoachmen'. Importance of the Duttes of the Lmpeachment Comasittec, Upon this committee of seven devolves one of the most important and solemn duties yot entrusted to the charge of the reprezentatives of the people, The lower branch of the national legislature to-day perform the biguest act of a judicial character lying within the range of ile extensive functions, As the representative body of the people it bas called to trial the person occupying the highest office within their gift. The ebarge accuses him of high crimes and misdemeanors, and the trial in- volves the revocation or tue support of the people's ac- tion in choosing him by their votes to the position which he now holds, His successor will bea person elevated from a position held by the votes of the repre- sentatives of the people of a single State and re- nocnced by a later verdict of the same people, The persou whom it w intended to lepose ts accused of the violation of a law enacted in tho spirit of partisan hos- ity; the successor will bea party to that law aud a judge of she guilt or innocence of the accused. The Terrors of Con Among the incidents to-day at the Capitol, the police, who were stationed in large numbers at every entrance, stopped a reporter who hada bundle of papers under bis arm, and insisted on inepectiux ite contents, to know if there was reason to apprehend that some desperate attempt might be made to biow up Congress with pow- dor or nitro glyceriue. Radicals Jubilant. ‘The radicals say that the message of the President sent to the Senate is a backing down and a surrender. Ben Wade Prepares for Ofice. Ben Wade ia reported to be already selecting his Cabt- net, with Sumner for Secretary of State, Schenck for Secretary of Treasury, Farnsworth Postmaster General, Howard, of Michigan, Attorney General, Stanton to re- main of course, a8 Secretary of Wi ad Nyo, Secretary of the Intorior. The Grand Army of the Republic. Despatches by telegram have been pouring into Wasbington to-day from all posta of the Grand Army of the Republic in difteront eections of the country, urging Congress to remain firm in the attitude it has taken, There is a remarkable una- nimity inthe aavice that the course of Congress be opposed to violence, Johm A. Logan, ex-Genera! of volunteers, aud now Member of Congress from Mis- soar, 1 now in the city acting as Commander in Chiet of the Grand Army. THE WAR OFFICE TROUBLE, The President's Letter Ordering Stanton to Vacate the War Office—General Thomas Refused Possession ef the Department. Wasnrvotom, Feb, 24, 1668, Removing Secretary Stanton, The Committee on Reconstruction have, by order of the Senate, been furnished with the following letter whieh was sent by the President to Mr, stanton, and which bas 200 horetofore bees pubiished:. Executive Ma: Wasmiatos, Feb, 21, Sin—By virtue of the power and authority vested in moss President by the constitution and laws of the Unitea States, you are hereby removed from the office of Secretary of the Department of War and un func. tone ag ouch will terminate upon receipt of this com- anication. You will transfer to Brevet Major General Lorenso Thomas, Adjutant General of the Army, who has this day Leon authorized and empowored to act as Secretary of War ad interim, all records, books, papers and other public property now ip your custody and charge. Re epecttully yours, ANDREW JOHNSON, To the Hon, Eowiw M, Stanrow, Washington, D. 0, General Thomas Agnin Refused Possession of the War Office by Mr. Stanton. Adjutant Goneral Thomas this morning entero office in the War Departmems occupied by Mr. Stanton. General 0. 0, Howard-and Judge Fisher were present After the morning salutation General Thomas sald:— “Mr, Stanton, I have this morning again received orders from the President of the United ctates to assume the command of the Wer Department, 1 vow eppear the paired to General Schriver's room, then to Go: SHEET. and bduilding sasincunne the office of Secretary of War ad interi Mr, Stanton replied, ‘I do not acknowledge seach authority. I do not recognize the authority of the Presl- dent to issue any such ord T refuse to surrender the War Office, the building or the mails, records, &¢,, be longing to the Department.” Mr. Stanton further said, “General Thomas, { now order you to your room as Adjutant Genera! and to discharge tho duties of such office,” General Thomas again replied, ‘I will do no auch thing. I have been ordered to discharge the duties of Secretary of War ad interim, and I intend to do so." Genera! Thomas then left Mr, Stanton’s room and ro- rat Townsend's room and neat to Geners! Beck's room. To each of these officers he gave orders that all letters important communications, &c., coming to, going from or through their respective departments should be sent @tonce to bim, General Thomas then left, proceeded to the White House and was at once adinitted to the President. He remained but a few minutes in confer- ith Mr, Johnaon, when be ceme out and started for his home, Alter General Thomas had left the White Hou:e your correspondent was fortunate enough to obtain a short interviow with him. It isextreme!y difficul: to get ac- cess to the General in these stirring times, as ho is con stantly surrounded by prominent officials and influ. ential professors of political philosophy, and he has suddenly become of such great importance that he has but a very fow moments that are not occupied by the pressing demands of visitors. In reply to the question whether he intended to re- turn to the War Departmont to-day, General Thomas replied that he was not decided upon that question; be wasill, aud as there was no urgent necessity of his Presence at the War Department he did not think he would go there, Your correspondent remarked that ao impression seemed to be gaining ground that. he was not reso- lute enough in enforcing bia claims to bis position; that it was expected he woald bring the question as to who was to be recognized as tho head of the War Department fo an issue this morning. General Thomas answered that that question was now in a fair way to be decided, There was not tho least dis- position on bis part to flinch from the duty required of him, but he regarded it as his duty to obtain the desired end with as little trouble as possible, It ie ascertained almost beyond a doubt, however, that tho ordera said to havo beon left by General Thomas with tho assistant adjutant gonerals of the War Department to lay before him the busi- ness of the department will mot bo obeyed, Every ono in the office, from Townsend to tho messen- gers, are instructed by Mr. Stanton to obey no orders except such as emanate from him. Sovoral me nbers of the press endeavored to see Generals Townsoud and Willams this morning, but were refused admisaio n by the former. A report was circulated this morning that a writ of quo warranto had been issued in the case of General Lorenzo Thomas, On inquiry, however, 1% was ascertained that mo writ has as yet been ssued, The writ comes undor jurisdiction of the Dis- trict Court, and not, as bas beou supposed, under (hat of the Supreme Court of the United States. It ia tho op niun of the Judges of the District Court that either the clvil or criminal courts can take cognizance of the subject. Attorney Gencral Stanbery is now in the Suprome Court occupied with some business, after the transaction of which it t# stated he will repair to the District Court and apply for the writof quo warranto. The Rumored I ination of General Emory=Explanations of Mr. Robert J. Walker. 1 have just had an interview with Mr. Robert J. ‘Walker in relation to the rumored insubordination of Goneral Emory, the commander of this department, Mr. Walker is the legal adviser of General Emory, and mado to mo the following statement substantial'y :— Karly on Saturday morning (about (en o'clock) Mr, Walker was called upon by General Emory, who in- formed him that there was some danger of a collision of force betweon Mr, Stan‘on and General Thomas, growing out of the issue of contradictory orders by Mr, Stanton and General Thomas. “He rem nded mo,” said Mr, Walker, ‘that some time last year, upon his request for my opinion, General Emory bad concurred in the view that no order relat. ing to the military operations could be issued by the President or Secretary of War except through General Grant, under the act of the 24 of March, 1867, and that any such order, except through General Grant, would be null and void, and he requested mo to call on General Thomas and prevent tho issue of any such order. I cailed immediately upon Genera! Thomas, early on Saturday morning, at the War Office, and com- mupicated tohim ina frieadly way my opinion that any such order would bea nullity, and would subject him to serious consequences, especially if any such collision should occur, I toid him that he had no right, nor hal the President, to disobey a law of Congress upon the assumption that it Was unconstitutional, and that it if this were not so the President might set aside all the laws of Congress since the foundation of the government upon the ground that they were unconstitutional, That the President pos- vessed no such pow because it was not an executive, but exclusively @ judicial power, and that all the laws of Congress must be obeyed and exccuted by the President unloss their oxe- cution was restrained by the bighest judicial anthority. That to declare a law unconstitutional was not only the exercise ot judicial power, but the bighest judicial power, and only to be resorted to by the courts wherein their judgment the act was clearly unconstitutional, and that in all doubtful cases the court had uni- formly refused to interfere with the execution of the law, 1 urged General Thomas very atrongly not to jasue_any such order, except under the terms of the law, and required by it, through General Grant, and I stated that I was informed by General Emory that General Grant and officers of the army generally took the same view of the subject, and that no useful purpose could be accomplished by his issuing such an order, but that it might involve the country in civil war and widespread ruin, I further told bim tha: if he or the President had any romedy it was with the judicial tribanals, and I begged him to see the President at once pom the subject, which Generdi Thomas said he would do, in- forming me at the same time that be would not issue any such order except through General Grant I immediately communicated this information to General Emery, by whom General Thomas’ re. solution was ‘made known to General Grant, who ex- pressed his great satisfaction at the result. On Sunday afternoon I was informed by two officers of the army that is was apprehended that inasmuch as the act of the 24 March, 1867, did not apply to the mavy the Prosident ht, through the Secretary of the Navy, weue an order to the Marine Corps as the navy yard here, and through their instrumentality force General Thomas into the possession of the War Office, and urging me to see the President immediately and dissuade bim from accomplishing uch @ purpose, I agreed to do so, and went with my eon, General Walke first $0 see Mr. Seward om the subject, having full confidence (hat he yould brat a r vent aay collision, Not being able tose Mr. Seward wont (m- mediately (0 the President's, but he hed retired from the office, J could not see him then, but teft my card, {mtonding to call early on Monday morning. On look- ing at the newspapers, however, on Monday morning that the President bad very wisely to have ne collision by force and to permit (ho question te be decided by judicial tri ‘though {t might be regarded as @ very for me to advise tho President or bi Cabinet on such a question, yet where peace of t! country was Involved I thou ‘my daty to eke the responsibili. 4 ond acted accordingly. The Nomination of Mr. Ew! of War. The Senate referred the nomination of Thomas Fw: to be Seoretary of War to the Commities om Military Affaire. to be Secretary 8 you that T come to tak ~~ cea tno dng cow teas cut he wie | te mpromgn ban tages pessoas fb me | ures Feevawec bet bem rovondy popene rom | SOA SAUNT YOUN Tcome to ue posesin wf We | meseuge OF THE PRESIDENT TO THE SENATE. Tho Power ef President to Remove = Bee yef Wa Wasainctoy, Feb, 24, 1868, The Provident to-day sent to the Senate the following message, Which was read in sccret session, laid om the table and ordered to be printed, The Senate removed from \$ the injunction of secreey ;— To ree Senais ov tue Usitan States:— 1 have recerved a copy of the resolution adopled by the Senate on the 21st inst,, as follows: — Whereas the Senate have received and considered the War, and had ot sbe Army to act as herelor of the ot ulied States, That, constitution United Siates, ent has no power tia Deoretary ot designate any otaer efficor to perform the of tbat office ad interim. ‘This resolution ts conflued so the power of the Prest- dont to remove the Secretary of War and to designate other officer to periorm the duties of the office ad interim, aod by its preamble ts mac xpies ly applicable tothe removal of Mr. Stanton and the designation to act ad interim of the Adjutant General of the joived. by the senal Jaw Army. Without, therefore, attempting to discuss the general power of removal as to all officers, upon which bject no expressioa of opinion ts contained im the resolution, I suall conflue myself te the question as thus limited—the power to remove the Secretary of War, It is declared in the resolution— ‘that under the constitution and laws of the United States tho President Las n0 power to remove the Secre- tary of War and designate another officer to perform the duties of that office ad interim.” As tothe question of power under the constitut on I donot propose at present to enter upon its discussion, The waif) m practice from the beginning of the government, as extablished by evory President who has reised the office, and the decisions of the Supreme Court of tho United States have settled the question in favor of the power of the President to remove all officers excepting ® class holding appointments of @ juc.cial character, No practico or any decision bas ever excopted a Secre- tary of War from this general power of the President to mako removals from office, It is only necessary, then, that I should refer to the power of the Exec..tive under the laws of the United States to remove from office a Secretary of War, The resolution denies that under theso laws this powor has any existence, In other words, it affirms that no such authority 13 recognized or given by the ctatutes of tho country. What, then, are the laws of ine United States which deny the President the power to remove that cficor? I know bus two laws which vear upon this question, The Art in the order of time is tho act of August 7, 1789, creuting the Department of War, which, after providing for a Secretary a3 its prine pal oftlcer, proceeds as follows:— Sec, 2. And bo itfurther enacted, That there shail be im the satd department ao iaferior ollic:r to bo appointod by the said principal officer, to be employed tucrin as ho shail deem proper, and to be caiied the Clef Clerk in the Department ot War; and who, whenever the said principal oflcer sball be removed from office by the President of the United states, or in any ovher case of vacancy, ral, during such vacaney. have the charce and custody of al! records, books aud papers appertaiu- Ing to the said deparimeut It ts clear that this act, passed by © Congress many of Whose memers participated im tho formation of the constitution, vo far from denying tho power of the Presid int to remove the Secretary of War, recognizes It as oxisting im the Executive alone, wituout ite concur. rence of the Senate or of auy other department of the government. Furthermore this act does no: purport to Confer the power by legislative au hority. nor, in fact, was there any other existing legislation through which it was bestowed upom the Executl e. of tho power by this act i+, therefore, complete asa recognition nnder the constitution iself; for there was no other gource of auibority trom which it could be derived. The other act which refers to this question is that regulating the tenure of cerain civil officers, passed by Congress on the 2¢ day of March, 1867, The Sirs; section of that act is in the tollowing words:— That every person holding any civil oitice to which be bas beon appo rated by and with tue advice and consent of th reon who hail hereafter be appornted to an: 0 dinly aed ifedrto act thereto, ‘ie and shail be entitied to 10d office until a successor shail have been tn like manner ap pointed and duly qualified, except us herein otherwise that th» Bocre a@ fos of Sta @, of the Treasury, of War, ot the Navy aud of tne Inter or, tue Postmaster Gonera! and the Attorney General shail bo!d their fices ly for and during the term of the l’r s dent by they may have been eppvinwd, and subjsct to removal. by whom for one month thereafter, and with the advige and consent of tie senate, The fourth 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 whict precedes the proviso declares that y person hod ng acivil office to which be hag beeam or may be appointed by and with the advico and consent of the Sena‘e, shell bold such ofiice until a successor shall have beea in like manner appointed. It purports to take from the Executive during the fixed time estab! sivd for the tenure of office the independent power of removal, and quire for euch removal the concurrent action of the Presinent and the Senate, The proviso that follows proceeds to fix the term of offica of the several heads of depar'ments, whose tenure er had been defined before, by prescril.ng that they ‘shall bold their offices respectively tur and during tho term of the President by whom they y have been appointed and for one month thereafter, subject to romoval by and with the advice aud consent of thé Senate.” Thus as to these evumera‘ed officers the proviso takes from the President the power of removal except with the advice and consent of the Senate, By {ts terms, however, before he can be deprived of the power to displace them it must appear that he himself has appointed them. It i# only in tnat case thal they have any tenure of office or any inde- pendent right to bold during the term of the President, and for one month after the cessation of official famctions, The proviso, therefore, gives no tenure of office to any one of these officers, who bas been appointed by the President, beyond one month after the accession of hie successor, In the case of M: Stanton the only appointment under which he held the office of Secretary of War was that conferred upon him by my predecessor, with the advice and conecat of the Senate. He bas never held from me any appointment as the head of the War Department; wi right be bad to bold the office was derived from that original appointment and my own suffrance, The law was not intended to protect such an incumbent of the War De partment by taking from the President the power tc remove bim. This, in my judgment, iv perfectly clear, the law itself admita of no other just construction, We find im all tbat portion of the first section which precedes the proviro that as to civil officers generally the President is deprived of ihe power of removal; it is plata that if there had been no proviso that power would just as clearly have been taken from bim se faras it applies to the seven heads of departments; but for reasons which were no doubt satisfactory to Congress these principal officers were specially provided for, and as to them the express and only requiremext is that the President who has eppotated them shall not,without ihe advice and consent of the Senate, remove them from offies. The consequence te that, am to my Cabinet, embracing the seven omiecrs designated im the first section, the actftakes from me (be power, without the concurrence of the Senate, to remove any one of them that | have appolated; 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, im another clause there tae class of officers Gesignated by their official titles who are exempted from the general terme of the law, and in reference te whom « clear distinction is made as to the genera! yr of romoval limited im the Gret clause of po’ the section, This distinction te that, as to such of those dan teas saint pawer es bol the ty ler i 10¥a) ean only wer two weeks would what move him? Butl aould be re would mittin im 10 pointe Ned by him, ed Mr, Staaton for more