The New York Herald Newspaper, February 25, 1868, Page 4

4 struct! of the Tenare of OfMce act T have elles my power to remove Mr. Stanton, Whether the act was consusutional or aot, it was alwaya my opinion that {t did aot seoure him from removal. I be thas there were douvis as to the copsiruction of the law, and from the Gret deomed tt desirable that atthe eartlest possible moment these doubts shoud be set led aud (he true construction of the act fixed by the decini Supreme Court of tl ‘United States, My order of sasponsion in August | was intended to place the case in such @ position as would make @ resort to @ judicial decision poth necessary and proper, My understanding and wisnes, howe nder that order of suspension were frustrated, aod t 6 14. order for Mr. Stauton’s removal was a further step towards the accomplishment of that a Trepeat, that my own convictions as to the irue construction of the law and as to tho constitution- alicy wero well seltied and wore sustained by ever: member of my Caoinet, including Mr, Stanten himself. Upon the question of constitutionaiity, each one in ture deliberaicly advised me that the Teoure of OMice act was upounstitutional, Upon the question whether as Lo (hose members whe were appoinied by my prede- cessor that act took from me the power to remove them, one of ihose members emphatically s ated in the presemce of the others siiting ia Cabinet that they did not come within the provisions of tbe act, and it waa no protection to them. No one dis- sented from this construction, amd I understood them all to acquiesce in its correctness, In @ matter of such grave consequence I was not disposed to rest upon my own opinvon, though fortified vy my con- Suitutional advisers, I havo therefore sought to bring ‘the question, at asearly aday as possible, before the Supreme Court ot the Uaited Statos for final and au- thoritative discussion, In respect to as much of the Fesolution as relates to the designation of any oft! er to ‘act aa Secre:ary ot War ad interim, | have only to say that I have exeroised to's power within the provisions | of the Grst section of theact of February 13, 1 y 1 in force, fo far as they ave applicaole to vac moval I undersiaud to be bivct of ad ineim appointments in tho | vartments # ands, ay to the War Oillos, a3 fol~ | ‘he section uf the act of August 7, 173%, usad rovision for a vacan -y io the very case of a removal @ beat of the War Departmen’, and upon such av ve and custody of the records, boo! to the emiet cierk, Next, by the acc of tne Sth of \ eight, 11s provid od that in case of vacancy by death, absence from the seat of government, ness, &e., of the teud of the War Department, U deut may auslorize a person to pertorm the ¢ the offico unt ! a successor 18 appointed or the disablity removed. The act, it will be observed, does not provide for the case of «Vaancy caused by removal, Yuen by the first section of the ace af February 13, 1795, it is provided that in case of any vacancy the President | may appoiut a person to pertorm the du- tices while the vacaucy exists ‘These acia are | followed by that of the 20th of February, 1863, by | the first section of waicu provision ts again wade ora | vacancy cau-ed by death, resigna‘ion, absenc> trom weot of government heat a executive departmeat; and epon the occurrence of such | ven to the President to authorize | whose app \lu' meat secretion, to pert rm ices vatil a successor be appointed, or unut such absence or inability by 8.ck- ness shall cease, piovited slat no one vacancy aiiall be supplied in tho mauuer aforesaid for @longor term than | 1X month-. This law, with sum: mod fications, re-enacts the act of 1792, and provides, as did that act, for the sort of vacan- cies to be tiled; vut like the act of 1792 it makes no provision for a vacancy occasioned by removal. It vas | Tefereuce aliogrtuor to vacancies arising from o:her causes According to my coustruction of tuo act of | 1863, while It impliediy repea's the act ot 1752, regulat. | ing the vacancies tuerein deseribed, it has mo bear! er Upow $0 mMucu Of the act of 1795 as appli y caused by removal, Tire act of 17%, theretore, | furnishes (he rave for a vacancy occasioned by removal. | One 01 ti) Vacauelss exprossiy referrod to 1m | of August, 1789, croa.ing tno Doparte ly there is bo expre: rout be uct of 1195. The repeal, if ticre fs any, is by inplica ion, and can only be admicted #9 far as there isa ciear iocon-isiency between tue two acta Thoact of 1795 15 invonsistent win tha of 1353 as to ® yacuncy 0 casiuned death, revignatin, | absence or s.ccuess; but notat all inconsistent as to a waoavey Gus d by removal, Itisassurediy pr per buat the Fresident s.oud have the same power to fil! tom. porarily & vacancy o.ca\oned by remcva! as he hag to supply place mae vacant by death or expiration of a term. ii, tor iust toe incumben office should by ound who! tions, and tue ps : diate expuision, a rem dy should exist and be at once | supplied, ond ime be allowed the Pres: dium in ¢ nation of an offle therefore, for an ad inttrim appointment is just as great, and indeed may be creater, | tm cases of remo-at tuxn ia any other. Before it bs beld, there.ore, tnat the power given by the ect of 17 fm cases uf removal, is aDrogated by suceeet tio, af Xpress repeal ought to appear. So who. power snoud certainly no. 08 takeu away by 100: } cation. It may oe, however, that in this, ag in otlier cazes | * implied reveal, do.bis may arise, It 18 coutessediy one 0. he and debacable questious which arise in wutea. If, apou such a question, errone sus construc ion 1 subsmil | lawn cho matter it was Edwin | Impeacame. porwls of | Tees Lessaess pect tur to Liniself, was rusuing madiy and | sigued to un NEW YORK HERALD, TUESDAY, FEBRUARY 25, 1868.—TRIPLE SHERT., these reasons he would give bis vote for impeachment, Mr. Coox, (rep.) ot Ilt., being allowed one minute re- maining unexpired from Mr, Ashley's time, declared that io voting for the resolution of impeachment he held that uot only bad ghe Tenure of Oftico law boen violated by the President, but that if that law had got been in existeuce the President had exercised a powor ent rely unwarranted by the constitution and lawa of the United States, Mr, Borer, (dom.) of Pa., addressed the House in op- | position to the resolution, and contended that as to the charges alluded to by Mr Ashley and which had formed | the basis Of the former proposed action of the House for impeachment, the House was precluded by its action | and could not renew those charges, so that tho sole and single act on which Congress proposed to conviilse the country was the removal of E. M, Stanton aud tho appointineut ad int-rim of General Lorenz» Tuomas. He did not beticve that the people were so much in leve with E M. Sianion or so wedded to the reconstruction polley wh:.h kept for three years w Iling States out ofthe ‘Union as to sustain Cong:ess in ita revolutionary proceed- ings, He contended that even thougn the Tenure of Oitice law were constitutional there was no violatioa of it, either io letter or to spirit, in the removal of Mr, Stanton, If he bad been appoined by Mr. John- fon the question would have presevted a ditferent aspect, but as it was Edwin M, Stanton had only himself beon an ad inerim Secrotary of War, Mr, Stanton was the appointee of Abraham Lincoln, and if the act had oven in existence one month atter the termination of Mr, Lincow's inistration his functiovs as secre.ary of War #ould ceased by th very beruiy oi tue uct, and he hai ever since contiaucd iu viice simply a the plvasure of the Prosideat. tHe delied any gectieman on tie o-hor aide to point out any provision of ihe :evure of Olice law whieh bad beca violated oy tue Prosident. Mr, Myers, (rep.) oc Pa., femarked that the President, in Phang above sho .enure of Oillco act, had violated the consutuuioa, Mr. Boyer arcued that the only material question wi whetuer Livre Was a vacancy in the office of > f of War, If there was wo President had a rigtit either to jet Mr, Sianiow coutinue to diachar,e the functions of the office or to give him wouce to quit, for hy was merely, by the very terms of the Teaure of Ville law, A tena al surance, Li any persua ad vlowted bn Stanton himse who was holdiug oa to tne villey a! pired. ; Mr Kesey, .) of N. ¥,, addresied the House in 8 ipport of the resoluuion, argwing, a3 a question of taw, that tue President 4 oud be impeacued. He o suionded that Androw Joun on nad ny ter.n of ollice as President Of the Unied Siates, Ho was simply Vico Prosident, acting ay Previd nt Lhere.ore bo held that (here was no force in the polut made by the geuileman from Pennsyivania (Mr. Byers Ne minisiorial oilicer, bo beid, bad wrigut to Cuuleaye the cop<tiutiouanty of any ia» uule-s it impaired bis personal . Ia roter- eace to the Waraing apd meuace cy Brooks’ remarks oa Saturday ta Ca @ an atte upt so std be mate to suspaud the President peodig impeach- meni, he caimed tuat when the impeacum: ot way tor ao indic ubie acy turd it was the Same us @ criminal pro- ceed ay, wid cue court having Jurisdiction of the ollence must mecessar.ly ave jurisd.ciiou of the persoa of t cruminat aud bave full contrut o. bis movemenis. Thy Criminal, Wuere.ore, a4 @ mater of course had no poser to penerin his oitioat functions, Suppose tho Pro dent in time of war we.e impeached for tro a shuuld, peadins impeach "nt, propose to del! the enemy Lue apis, ths army, bis jadgos aud what wo preveat him from doimg wo a4 Commanuer- in Caief if tue Linpeacument Coart nad not the power to Te train hum fa the exerct-@ of Lis functions?’ Jt Was housnse 10 day that a court could try a prisoner gutless When it kad jurisdictiva of tay persoa tied, Even suppose iho ttal 0. a Presidont for treason suould end in cunvictiou, Low is tne jutgment to be en orced HM the crimica had concrol of the army aud navy? It goomed, tuereiore, very plan when ua oificor Waa im- Aud su.utdoned tu appedr bevore te Senace tor Mis powers to perform official iarctions were He b-leved taa. a law goverasng (ne su! oud be passed, but that oven w.tho it a spovial not the Construction of .ho law and tne constl.aton was @s ue hat couea tol Sr, Cake, (Fe). of Va, suppoi resolution of Ho bad oven receu ly amon: his con- stilueuts aud bid found among tho.a no apoloxist Lor Audrew Jouus u, Sud Le veueved tout th: puvtic mind Was ready for to event of bis tmpeschiasnt. ‘To trifle } longer wt. to: qiestion was to trifle witn the just de- mada of the loyal wen of the naton, Around Eiwia M, Siaaion were gathering tho sy wpatd 68 of tue people. bir. Beans, (reps) of followed oa the same yied ue ous iniauce to Mr. PRICE, (rep.) ol Lowa, jud for two loag years tae po pie in Congress aad at Veen aseping waich aad ward at the y, aud tuat Andrew Jounsvu witha funo sly ou hs we. dir, BLANK, (rey.) Of Me, having twonty minutes as- said thas the ivuse was about to uct unger tue *feue constitution, Was aut, luerelure, Recessary ior the gentiew: Olb-r Site to wara Congress to beware tor it was nut prop sing to dv am. tuing outdo t con tution, He uid at uoderest a my “ “ion; bay ne dia yoo duty to tase, 10 piace before the Senae the res ons | Diagn wae eocoiry would by aru couvulzod Dy tne aren whic ased in} Althoagh (nave 1 ° x4 every membe tus | Movement, ior they knew that Congros hud she au void, and aitnough Iv coucurret ia’ that —opiaion veto message which I had the honor to suv mit to ‘ougress wuen 1 returaed the bill for reconsid raion I have refrained from waking a re~ moval of any oflicer contrary to the provisions of tho law, end Dave exercised that pow ria the cxee of Mr.’ Stazton, whveb, in my judgment, did not come | weata sive! I pave endeavored to proceed | cir e mspection sud have acted only in eptiona: case, carefully following bave marked out for myseif as a | | general ru, aru uny to execute all laws, thongh Passed 2. ¢. My object ons, on ore of co t10U- | aity, In the ‘pererout instance 1 have aot, | or to appea, to that final ardiior ue constuution for the a axtion ious To this course I have been n ob! © tue powel 8 waich rest opon me teaver be tue cv Icould not ail & public duty s0 rative. If what was pombie mee been o ued been fal'y advise removed Mr. Siaoten that in thus defenaw to my oauds wy own removal ot wave Lositated, actuated by pubic sf the uiguest character, [ earnvstly sinst the resoution of the Senaie which o woat 1 bave done with a viortion of the oa aud laws of the United tes, ANDREW JOHNSON Wasnrveros, D. C., Feb. 22, 1863, HOUSE OF REPRESENTATIVES. The Great Devote he Impeachment Qn: tien=— Adoption of the Ren @ tmp the President of the United Sent Wasuasctun, Fev, 24 1863, Long before ten o'clock this moraiug tho gailerios of the House of Rep esoutatives were denscly crowded. ‘The doorways and passages were also packod with spec- tatore. Hundreds were prevented from even o'aining ach sanding roota within the range of {he voices of the Sspoakers, diuch excitement every wbere oxista THR IMPRACEMENT QUES The House roassembied at ten o'clock and resumed the cousideration of the impeachment resoluiion, the Interval beiween this Louraad noon being lectinically | Togarded us beiougivg ty tho session of Saiurday. Tho | desks of ihe members were very sparsely occupied at | the opening of the proceedings, but every seat in the Galleries, save some ia the diplomatic gallery, was tillod. ie was opeved by Mr. p.) of Valo, | who deoiared that he approached the great question at ‘thing but ibe spirit of & partaan, He ox- egret (nat the House bad not long rince | Preierred ariicies of impeachment against Mr, Jolinson, and be prop Dahow inthe past administration of the President aci# which 1a bis opinion warranted im- Peachment, He felt sure that when this trial look piace Defore the Senate, and evidence of other crimos was Given, tho verdivt of the people would be that the aot for which he was now inpeached was the least of hic crimes, The man (Mr. Jolintony had atiempied to assume legisiative and judicial os well as Executive functions, He hed made an allie ance with the lae “public enemy, appointed the worst revela to office, returned to tue their property, and was responsibie for toe mussacres at Meun- phis and New Orleans and for tho biood of wil tbe Union men that bad been wurdered io the Soulb, His Purpose bad been and would be to prevent recoustruce ou, to have the rebol States cast their electoral vote for bimeeif of his nonines, to order tho counting of the electoral votes of those states inthe House of Kepre- | nave! vilicers of tue coumiry! sentatives, and if not obeyed in that to procipitave a fevolution oa \he country, The House was uow brou.ht face to face with » man who was recognized as an enemy" of the government and as» strong ally and friend of ihe lon cause—a mam whose pubic aod private acts bad beom marked by violations of law, In this coaneciion | Post Otice Deparunens, he fead extracts trom his (Mr. Asbley’s) speech pro. posing Impeachm: ‘hus proclaiming that the government was one constitutional law, mot of usurped power? ‘When two months ago the se voted down impeachment he had encouraged loyal men to keep ‘heir hear, and that time would vindicate them. He did not pow onult im that vindication; he had much rather that the acts of this acctdeaial President would fall to the grovad, or that he bad so adm government on to bring it back to the pat union and prosperiiy, The impeachment of this man Was necessary, if not for tbe eafoty of the nation, at Toast to teach on to fulure Presidente and to vind!- (ale the matchiows Coastitution of the eountrr. j eve him moray ,uuty of impeacaable offeac | thao | the | Of the .ouse and fadeosed wo It tor 18 Loro. jt im March tas. Dare the House oats longer abrink from the exercise of ite powor in res | the matiou—confrouced as we are thie day by culng the goverument from the uvvrper and | of AiOEH, For | tom of the Venure of Oilice bill was wast Fou | twority to’ do it, and Ghat there was a necussity tur ‘the execcse of tnat aushori y, Ho sub.oitted thet | there was nv ques iow of Law inJoived im tho ma.tor at j al, ibe Prestuvut wad opeuty aud pisiniy viviated the law, throwe dows tae gauoviet, aud dared Congress (0 the issue, Congress must acosps the cua.ionge and must mye. the 13 ue, Dros, (1ep.) of Mich., having two minutes ‘0 him, said oat if the whole democratic party, aud every otuer pany, wer clamoring at the doors of esd Wud s@eniog Vengeancs against every wun who Auppurted (ac impeachinent resovution, he trusted there Was OL & Menoer-Prsdeat why Wwotld not 60-0 for ic on couyicon and without regard to any turoats. Mr. Wasduvane, (Pep.) of Li, declared (hat bh’ should Vote of wuewesulitiou bsiore the Huse, Acting with a m jerky of $.@ Pepubiicaa members of tho Muss ho bad o.: hineriy .wvored inpeacument against tue Presi- Geut of \me Uni ed staes—not becaase ho did uot be Tot because be did not execrate bis adminisirativn, but | Decause He 10lt thar in the cad-6 as Lere.ciore presentad acher bs in there migut be & doubt of his coaviction brauch out on @ doubiul experiment had Deen disposed no. to seek dmpoachment, hope that the President, warned of t would 80 veadust bimself as to resoruing to we provited by tue comsti- tauon, But al such Boves had been disapporned. Every act of forbearance had beeu but a fresu javiiet oo to fF her and mor at bad tung bin et agat vary tus governweat Ny vulwarks of the wa aad overri sing The ra ived Woen (he people s represeuta't longer delay the vind cation of tue consiitut bigs tue parkway of day was plate. He scorn th. eats wuica tad Doce mide upon tus Moor. He feared | Gentlewen nad nue road nstory if tnoy hel oot lwarued (hat in ali contesis Letweea au cuive aud tho Comms the repro-entutives ©. the people Lad triumphed in tue oad. Tiat g vat pary Which with patriovisus, cvurage, Qdeliiy aut Dervis bad Carried the country iu triurnpt and glory througa Wve war Would not now fait in its grew miss100; that party which ovetoa:ne tue Undivided Aud compae sireugs HI tue rebels in att ‘ ported by the sympacuy of two-Ufihs of ali the vo ere tates Rus 1m OFen rebeiliou, would not nuw be ome by a ont Of merceusry cainp follower rupt wud trecsunable aum.niscration, The ime had now cume Wurn the President should be prop iy impea ued for Mi inst great orime guramitied aainst the coustituuon, His longer coutlacauce ia oltiee wat a perpevual and enduring menace the peace sud prosperity of tho country stole otttviat carcer of the Piesudent 1 marked py a wicked disregard of all tie ubliz:t ons of puolic daty, aad by « degree of peridy, tres very and sude uuheard of ja tue nistory of the raters of afree peopl. Ad mendacious us he was malignan, he bad used bit official pus.tion to burl down avd destroy the io bost iv the laud, His ado. Proioaged Fariare tgainst all tho material tatereste of the couairy, Tt bad Proviraved business, {6 tad oppressed labor, destroyed Slates, Impaired (he puolic eredit and sapped the public inorals Surrounded vy red-handed revely, advisea avd 1 by the worst meo thas ever crawied Like il. thy tr piles at the footstool of power, ho has used ail tne Yast auilonly Of tue government to preveot a reunion of tbe (ho restoration of tho harmony, peace aud bapy the country, The toyal men in tue revel Stnves have brouvht to @ condition under Nis adain- istration iro the coutompration Of whic uil mom Feo with hore fapinw, inceatiariem, rovbery and ail tue ori 40 the Wuols land, anv ew to the toug list of vict wand uate Win sucha dypattmonte of the goverauont tad aud corrupt to sa extent wuich ia the tistory of avy country in ey General, not sacsiicd with mediini (atvugh whieh so many mal robbers, coun tore and puble plunderers have been par- doned amt turned loose upon the country, hes, witit Osive ‘ations and hoasial audacity, prociatined tat he Wil Boe vindicate the lawauf Cugress, Luok at (he Navy Deparment, with ta profigacy, Ite Oxtravagaace, Topberies aud persecutions of tue houest aad best talk ¢ r Ths adininietratioa of the Treasury pa went was char, the m¢ og frauds, with countlors millions of revenue soloo to go into the pockets of Shioves, part tod prunderers, OF 9 make Up @ Yast Hiticat fund to d-raoralize and corrupt. the people. Rie iptertor Department, with (he lan: Jobbing ena a mirats aud corrupt exten of betore the Howe by raigued A comm|tioe of the Hvuse, and the state Dopartmont, NgHed before tie rulers of the earth for its failure Hoate the rights of the naion and the citizens of tas state and BB tareatontag bo the bational exis: yt ar! that @ held dear to posterity, where ie the patriot mano! any political ‘coranloaatcas wh does not call Upon ( orgress to nLeraly do its wh day and purge this capital of the c.imee which now doill the nagion? Darity the delivery of Mr, Washburne’s terminated and (ue reguiti sar {he regular logi enced. ant AN» (derm.) of Pa, obtained the foor, da few minute 'Qime to Mr, Way) burae to conciuas remarks because of the sanders uitered by bit against the President, and proceeded to aaarese the House against the impeachineut resoiuiion, He argued that the resolution Of impeaciument was a mig take, and that ay impeachment of the Iresideni on the idea that Secretary stantoa was within the pro co. y Mr, Wooo! refusing toy! | | Bo appeal: ty the people, bas courted such an appeal, | chief of the old French police, would have called worse tuaa @ crime» blunder. Wauatever exeoutive power u federal goverument was vested ia the — Presiden’, was tbe sole trus- tee of the people in rogerd, In tne luattor of appoint went to office and the treaty making functions # chec< was lunposed upom the Presiteut; but justances the power exercised was the 10@ concurrence of the Senate was only & I wi Presid-nt’s, Tegulation for the exercise of power, advisory discretion, not an executive power, ness And Colnpirtone-s OF this executive power in the ne separ dls of the President was @ doctrine ess hurmouy of tae sysiem of goverument and to the re- sponsibility of tue President to tie people, If Cou- gos =meddled with it Congress bec mo a (res. passer, and 13 act an impertinent muility, and (Lo President was nob to be impeached for disrogarding 4, He quod extracts from tho debate ia the First Congress vpoo the Fxeeutive dopariments, and argued Ubut that deoa'e xectled this question ab luleiy, aud demonsirated the utter uuconstitudonaity of (he atoi Marce 2, 1867. He aiso argued that by the very items of Liat act saelf Mr Stanton did not como wituid its scope, aid quoied rena or Sherman aud Me-srs. Spalding and wiuguan as aking that same view of Wwe Jaw woen it wus uader cons deration, Mr, Jounson was @ man of the repudlicaa party's owa cuoosing, and he veruy believed that the President was irying to restore the Uuion, to pucificate the couutry and to al- sniuisier Dis high ollice with a faithful rogard to the ud- ligations of the constitution and the best in- torests of tue peope. He geemel to him to be ao tr frioud of thi wuole of his country—a faithful pubic offices dentitiet to Cablowt advisers whe were his iriends, and not nis enemies. pagress bad tar better sustain suen @ man in Lia cua Lubwoual rights, and address itsait to tue retiel oft Suflerivg country, ihn ty Wu6 ets 1. u@ 1 nd (is povplo's money in mjeachinent of a anni il pabuc vervunt, om Charges that are botu fulse and fold, At the risk of deuunciadon be (Me, Woodward. denied the rgut of the Seuute ty ty wn tmp achmont ile House was not composed, a8 the coustitauon required, of mombors “ohosen by ihe people Of the several tates," uor was the Seuaie compured of “iwu Senacors from cach stato,’ Im cunctision he gaid :—Mr, Speaker, so sure am I that the American poop!) wul respect this objecton that If L were the I’resident’s © unelior Lwouid advise wim, tf you prefer articies of iunpeacument, tv demur both 10 your jurisdiction and {0 Wat of the renaty, and to issue @ proclamation tuat wile be held hitnselt impeachable for misdemeanors in otllea betore the consiitutioual tribuoais, lie uever Wo ilt s: bjset the oflies ie holds tm tra-t fur tie people fo tho irregular, unconstitutional, fram ntary bodies Way propose W strip Lub ofa, Such a proclamation, wilu the army and avy in band to sustain tt, would maeet & popt respouse that would mai end of | inpenchuent and tne impeacters. Mr. Witgoy, (rep ) of Lowa chairman of the Judiciary Commistes, west Ootuiued the Moor and addressod tue Housg tu support of the imp acamoent regulation, He sadt:—ir, Speaker, ine puuite peace is again disturbed by tho President 0. the Uuited tates, Ho denies to the nation that repose which it so much needs, fe will nui obey tho law, and vy it bo ius be judged. 1 do not ap)roach tuis cave under tue spur of Lave or the heat of passion, [is presence I depiore, but ius do- mands 1 will respect and obey, As @ Representa it is my duty tu see that the 1aws of the United States aro no. deted by @ crimiuat in office if within the terms of the cunsittution a reme- dy can be found. ine presence of tho crimiual 16 a palpablo tact; the remedy is plain avd in- Giaputablo, anu-trua tue pyrivemance of the duty 1 w:il not suriak. An impeucument of the President of the United States is mado inevitable by bis own deliberate criminal conduct, us proses ed (0 us by the cago which now cummauds ‘our aitentioa. We cannot oxcaps this coveiusion if we would, for tue Vresident would hodgo Us about wits new acts of zrea er cnurmicy, if tucre 1s uny iosi¢ in his course of procedure, whica woud wi lag. compel us to take up tay gauge that he har now de- tiantly cast at our tet, Heretovore his challenges uave bova, im my judginei ia due forin o} law or Btampel with tne *characwer of rea! crimes and tsdeweanvrs, and tnerefore 1 have resisted ao resort to tue extreme remedy waich tho constinucn Las piaced in our bunds, Verbaps 1 nave been more cau tious than most wen would have beon; but no rcrets come to me vp this account, for Tetul vchevo I did my duty, fue Considerations which weigued upoa my mand and mouated my conduc: in the ca.e wita which the Commies on ths Judiciary of this House was charged ae not be tound in the pres nt case, log.c m the formor caso 18 made plain, uot to say por- fect, by 8 Boyuence ia the pregentons, Lhe President Was working to an cod suspected by others, kuown to himseif, His theu means wore not kKaown totso taw as beatigess misdemeanors, either by the common law the He Las preseated to ax & sequence ahigh mudemeanor knowa to the law and deliued by Stavute, If we pormic tuts to pase uncnatfenged vy that high power w.tu waich tue cubetituuen bas clothed us Bo man can Measure the future troubles of this republic, For one Lam not vlog to wait for an ascertainment Of the UaKB wn quautices of future Presdeuual crimes and malsdemeanor. We bave one before us, the elements Gud 13 quauii x» accoriained, and [am in favor of wip- ing it from the execu.tve b.ackbuard by an | upeachment of the criminal #uo placed 1 tuere, source 0. regret to we, cud it must to the people of thi pabite; but I wit face it they Wil meel 1, by asscrtiug tue msudordination of the Prostdent to sae jaw of the tand, He is no. @ waker of the law nor a jugge thereo, and 4 is enougi tor bim to know that the cunstitution which he ts sworn to Preserve, protect and to defend says that “tho anall lako care that the laws stad be raitbfully executed.” Waat awe? aro pissed in pursuance of the 3 of that c ution which he is sworn to Preserve, protect and defend, And how are tueso laws to be passodf By the two houses of \ougress, with the approval of the President, or io such “case as ho does net approve be shall returu it win his olections to that Huuse in | whica ft shall vave originated, who shall eater the ob- jecsioas at large on tuotr journal and procesd to re- ooneider it, and if afver auch reconsideration two-thirds of that House shatiagres to pas the bili it shall be #1, logetner wita the vb,ecuuns, (0 the other House, by which i shall Liowise bs considered, and if ap- br vet by two-thirds of that House ft shalt becowe .” Whatk nd of alaw? One wulcn the Presi Buall take care {i be faiubtully éxetuged. Phe cunktitu- ake him a judge of the law, but an excoutivs thereuf, aud ho is bound to oxecute that which the lawmaxing power decrees to be the iuw of tue land, Whatever may bo his opinion of she jaw asa mere individual member of the nuitunal Tamily, he ts bound t» yield to that nigher duty which the constitution imposes on bia ag aa officer of tue State. 1, bis conscience terbid he may resign the trust, but he has no right to rovain the power of a pablic otiice and subordinate that to tho judgment of A mere individual member of the community 7 pavon whie | power fur the bas eivtned him with execudve roemont of tts lawa, As a pubiic a cau bo properly entered in his be 3 hut only sworn to execute the law, bu 80 Dossesses the righ: of iesiznation. If nia conscience will not permit him to execule @ given law he way resitn his trust and leave to his successor tho portorm: ance of a duty which his judg wert as an iadividual Wl not surrender .o bis obi. «ons a8 a pubiis oiticer, A wilingness ty sulbmi .o the peiaily prescribed tor volabion 0. @ utw may to seme extent excuse disobedionce oo the part of a private citizen aud at sue UME Hat Nutting to tae pubile officer, Tne may at any timo Ly esignutioa become a private cit zen, but the form i cannot b come a pubile oillccr in this countey excep! by the suffrages of nis tolluw ciZ0a% A he Accopls the result of their sulfrages he the moves his individ salty into that of ag offt ial creawre Whicu binds vilicer to be itself by an oath as an Executive do that which a8 @ mere individual y Not beiere just, rgb oF constitutional, Agceptauce removes Lica from tue spel bis judgment onstiiution im cullve power im order that take caro tho: (he Iavs be faithfully executed. base of this power, whether ft be by an im- proper exercise of 1 or by necict oF retusal to exercise 1, 15 @ breach of official duly, But tc is not overy breach 01 official duty taut cam bo charged az a crime or mi-demeaoor agains. the delinquent ollicer, Whatever ao bt may have accen In ©! cuaiacter of the uificial conduc one er cases of tho criminal mvolved tn them, the We are now cou. idering presents no basta on which Bot to say dotin Hy, the ata doubt, Doubersioly President has violited a ps ther ol the law eays CO ding $10,000, or Oy iinprisvument not exceeding Ave } years, oF by bo. sa'd panist neats, ip the discretion of bhe Chirk (ot of Mares 2, 1567, eootlon six), All of soe | Circumstances attenvant upon this case show that tho President's acuion war deliberate aud wil ‘ul, Tuere i mot wo chade of excuse or pal- Jaden in toe case as |t is presented to us Porversely he Las rusbed Myon Lis own destruction, Obstinatoly he hes toreed upon # an issue im whch we must join OF prove ourse!ves uowortiy representatives of a free pe pl, We have not songht this issue, bat ha ro urted to every legitimase means to avon it, Wo b ed no Wudus desite to exorcise the itn er which is { in this Hout the axpress terms of the eore desire (9 pags this cup from our Mined not to rink iif @- caps were pot cut ol OF the presesce of a Pablo duty, wo at Inst find, elves compaliod to inke its vory diogs, Adecont E wv ollicer, 8 paciotio eitert to avoid a ovilision between two departments of tue goveriment ever ested by this House, soem to [ave been most atrangely misvadersteod by the President, Our refusal to abuse a powor or to resort to iteven while ® more doubt at ty our right to exercisa it Could bo urced tu Oppocit oo thereto seems to have been construed by him into a license to trample on even the penn: satites of the T ult is before w Tue President chatienyes hisbonors bis constitutional o Jaws be faint his oath of office faulted. by the con iu. ydeflauity caa's before bia and deol! ‘oo that be will decide w jaws ure consticational and that such only stand the test of bis judgment will he respect, enforce or obey. This is bis case, He pay elected to base it on a penal matuio, It is for ue to traverse this case and put it to tuo country. Anything lov than this woul! be a shame fui abuse of high trist and a criminal abandonment of duty, | To iny charge sbull neither of these otfeaces be piaced, Mr. Speaker, it tins been urged this debate That the Presidout’s vole object Ie to secure a jig ment of the courts ## to the constitutiomallts tne fcr regulating the tenure of certain civil offices Such intént will wot justify the commission of @ edo neanor. courte . would (he fact that bis intent was to have tont question decided bea good plea io am indictment fora vciaiom of iis provisions? Who \s 89 insano as to assert #0 preposter+ ous & proposition’ Whoever sots in the way for thé purpose suggested it ab hia porli, The risk botong# to the President in this caso aot fo tho law. ‘This plea in his de once was nos tie resuit of tuadvert it ance of mistaken judgment + cool eale ation avd aeliberate = purposs, He commited a high misdemeanor io order wo ro ® judgtcont of the court, Sir, we mil ify bie desire by referring bis case to the highest tribunal known to tue consiution of tae repubiic—the High Court of Impeachment. To that august tribunal wo wilt t this case, and with it the !aw aod the crimnal, have his day im court and be brouzht tor his own good aud that of bis successors in office aud tat of 1! Uniied States Ciothed wih all the great powers of bis igh offlcia! station, he is as completely subordinate to the law of the republic as the numbtest of ita citizens, The public welfare, ihe repose of the nation, the interes. of our institutions, the sa'ety the republic itseif require that all one official or o:herwise, shali be solemoaly taught that the law of this iand is no respecter of persous; that tho bigh and low, rich and poor, the public officer and t rivate citizen, are eacl und ali alike amunuble to its ‘imperial demands, subject to its high coramends, subordinate to its suprem> auttority, The tajesiy of the law must be assorted, though it si from bis oxalied porition the Cuief Magistrate of the nation, We deplore the mecossivy, but we must obey the voice of the law, I speak a0. a3 & partivan, Dit aga custodian of a trust whose sacred character Urges me to @ strict vbservance of mv daty, 1 will vole for the pending resoiution to tho ena that the law may be vindicated by the removal of an unworthy public wervaut from ad official position which he lias dix. honored by 118 perverse disregard of duty and bis unjast contempt of tue supremacy of the law, Mr. Wooosripss, (rep.) of Vt., sustained the im- peacument resolut Ho declared bis belief that in bo otuer way than oy imp°achment could the majesty of the Jaw and the fature safety of the republic be maiutaipes Withit eat bad committed three acts io direct and positive violation of ud under such circumstances and surroundings as tocouvince nim that they were committed with evil in'ent, The first act was a formation of a new military department; the second was the@emoval of Mr. Siaoton as Secrotary of War, aud third was the appoint: mont of General Thomas as Secretary of War ad int -rim. was called apon to portorin, rogretted it. No personal friend ot tne Presideat would have been betier pleased than himself to have seen Mr. Johnson remain iu the Exeoutive coair until the-end of bis constitutional term of u! But tho President had assumed a pre-~ rogative dangerous to the liberty of the people. The throats of the gentioman from New York (Mr Brooks) did not intimidato them, Their constituents were look- ing to them and expecting every man would do his a ‘Tho commorcial cenires might for a day be and the natlonal securities abroad m gnt essed; but @ people ever jealous and watcaiul of thoir Hberties would thank God that their representatives had courage enough to meet tne omorgenoy. If tumult, and riot, and bloodaied would follow thoy woud not be caased by the execution of law, Hle woud assure tue gentieman from New York Brooks) that if gsuch wonld be the result ten thousand swords would | ap from their acabbards, a million bayo- nots glisten in the sunshine, brave heroes would fill up the ranks, the honor of the old flag would be wain- tained, peace and quiet.ve restored, aud the nations of the ear(h would again learn that the goverament of the United States was a goverument of law Mr. Woop, (dem.) of N, Y., addressed the Houce against the impeachment resolution, He said this pro. ceeding is as unwarranted as it is unprecedented he President has been gulity of mo I or moral offence under the constitution and laws. The grounds on which tne resolutioa of impeacument is sought to be maia- tained are ali frivolous, techuical and utterly unworby of avy attempt at refutation. If any brauch of the gov- eroment has been guily of high crimes and misde- meauors is ig that which would usurp all power and make the co-orJinate branches subserviont to its will and to ite seltish, partisan signs, Tuo Prosident bas been careful to maiotain his oath of ofiice, which requires him to “preserve, protect and detend the constitution to the boat of his adiity ;" and this is tne extent of his offonding, and no more, It the House, aided by a like spirit and for a itke motive in tho Senate, shall consum:nate this proceeding and displace the Chief Magistrate of the nation under so slight a pretext it wlil commit an cffence greater ia extent than that attempted by the ieaders of secession in 1861, Their effort was 10 accomplish territorial disintegration; this effort ie to disorgunize and disrupt the government wself, If carried through the publie credit receives a fatal biow, bocause the instability of our politicat {n- Siitutious becomes tmauifest; and this basis, upon which now rest all monetary and p oprietary ine terests, will be shaken. As a consequeuce, too, th groat ‘industriat interesta will becomo para yzel, taxation will become materially eabaaced, the currency bo Lurther dopreciated, trade und commerce des'royed, and the people, taugat by the example of Congress, will teura to disrupt and disregard the authority of tuo otticial power, 80 necessary for the procectivoa of ive, Mberty and property. ‘Thus would social and portucal evils follow, alike gubveratve of priva‘o aud public good, Will the nocessity for the romuval of the President justtiy the probab lity of such resulls? Can the American people afford euch experi- ments at this time? Is our national condition in that square position (o warrant au expsciment so fraught with possibie dargers? If such considerations have no weight with the majority of this Mouse can that party bear the responsibility it will tnus ineurf Can It ‘axe upon itself tue odium of all extraordinary and revolutionary proceedings? Can it escape from the conzequeuces incident so violent a remedy for Mpagiuary wrongs, whem no motives of public good will gustain it? implore gentlemen to pause before thess impending calam ties, Let them reflect upon the per- sonal consequences of the siep they are about to tke, If the danger te the country aad to the continued ex- istonce of their party can excite no alarm, let them romeiabor their oath of offi e, the constituency to whom each must render bis account, and the individual liabiiity thas incarred, In our posiiion as members of tuls House we are not our ownagents; we are here in & representarive capacity, Nor’ do wo re flect sions the voco and wishes of the liticlans nt home. Under the theory and jaws Of oUF Cuintry We are ail cho 5 people, whose wants and wi mpersonate fluor, To their happiness and prosperity lot us dest inverests lot us be faithful, us bow with ob-dience, vo that wo t thom without fear and withvut ro- whl epeedily come when all of us must render an account of our stewardship, not only to our friends and noighoors, but toGod and our country, Let as try so to discharze this duty that, whothor liviag or dying, in public or private life, in the presence of our families or our Maker, we can justify and maluiain our condnet, Mr, Pryry, (dem.) of N. ¥., followed on the samo side, arguing In support of the constituuona! power of the President in tue matter which ts the gr she charge ag d_roterring to the great im- portance, as bearing on the subject, of ti to in the First Congress, which Mr. Woodward haa qaoved. dectared that no wermber should vote on the rosolation without consultiag that debate. He averred that at no tine since 1739, whon the question was sett ed, down to the passage of the Tenure of Oitice law m 1567 had the foc of romoval been exercised in auy ober way than y the President, The President had never coasulted the Senate in reference tw that matter, whotuer im ression or not, The power oi removal was one and indivis.ble, The constitution nowhere divided it, Mr. Pouann, (rep.) of Vt, having five minutes allowed bim, next epoke in support of the linpeachment revo!u- tion, He had hoped there would have buea no cause for renewing the movement of impeachment, but in that he had beeu divadpoinied, The President bad openly and ostentatiousty violated @ iaw of tie land as if (0 tavite impeacument, If his conduct were allowed to pass uorebuked it would be claimed by himseif and his frieuds as a ph over law, ramen of Me. stoxes, (rep.) of fenn., having ten m‘nates allowed him, spoke on the sa j@ of the quostion. dir, Pixs, (tep.) of Me., having sis minutes atiowed him, stated the grounds ‘on which ne sustained the res- olution of impoacnment, Mr, Nicnossox, (daa.) of Del., opposed the resoln+ tion, and dociured pis bellof thut tne assumed vivlation of tas Tenuro of Oilico law wae a inere pretext, and thas the true motivo for the proposed impeachment was to bs found in tho determination ta remove tho Pres dent, not osiacie in the path of reconstruction, but & drerued obstacle to tha uncoastitutional meseuros to be resorted to tor party succe: Mr. Minn, (rep.) of Pu, sustained tho resolution, Tt was to be rogrotted, he gait, tuat @ republic not yet xe coutury old should ba ecatied upoa to Impeach tho highest oificer in the government. those republicaa members who had horetofo Ayaiust impeachment, but now che question presented @ diferent aspect, It was clear that Andrew Johnson, President of tho Un'ted States, had recently been gaily of high usurpation by setting the laws at deflance and offorMy an iavult to Congress; therefyre be wayel vore for the resolution, Mr. Jupp, (rop.) of I! . said. that his past action In Young for tho impeachment of Andrew Johnson had mat With the approbaiion of his coustituen a ust recoived a dospu jon in voting for th as follows: — b which justith rosviution. The despatch » Fed. 24, 1869. Ml party of the chime nt of son. A mi evening fo give expre 1. B. OTIS, Chairman, Mr, Hanvixa, (rep.) of T!l., said that bis constiuents had ucted him to un to Lis voice and volo With the ropreseatatives of the loyal m/ilions in demanding th — of the criminal who occupied the I’r jenoy, Mr. Patye—T y!old two minutes to the aoa. General Suanks, Mr. SHANKS, (rep ) of Ind.—Mr, Speeker —My opinion i# (bat in this gravo emergency of ihe nour we suouid peak bat one word and sirike but one blow, aud T des.re that the blow should come first, I am tired, sit, of this Protracted diseusmon, which postpones an hour that the © have loug dosired tosee i am in favor of the | death of Andrew Johnson, and think that we @ impeachment without debate, [am ‘NOt surprevod that oue who bogan his i’rosidential career in drunkenness shouid end it in crime, u0G8, (dom.) of Wis, addressed the House in mm to the resolution, He asked whether the believed or expected that o\lewan (rom it wae posible for this dppartments to exist when not only warri not only ® spy tial coanciia of the otaer, but a known and determined enemy bolding tus position agains: bis ovn pronounced convictions of con- atitutional poe and daty? He believed that thie was part a great 20d to get rid of the Executive and to jarest all the powers of the government, It was the erecution Of & groat aod determined purpose to subvert and over. Ahrow the constitution and to dostroy alt the constitu. onal departments ot the goveroment. It was the carrying out of purpose long sinc» formed by the most Fedicai of the republican party, In proof of this he went to the ‘’a desk aod had read notes of a conver. gation had last fall with a prominent member of the Republican Executive Committee of Mary/aud, in whieb the purpore waa foreshadowed of removing Mr. J and putiiog in his piace one who would use t carry tho Freadontial election if doubt that this conspiracy wo «MF CaRy, (rey allowed tim, spoke in ih, ) of Onjo, beving five minutes ST tate. oe to the resolution. Ho doctarod that fair minded men, not inftenced by malig. Baut party zeal, could not justify the atiempt to turce wpon the President a Cabinet Minister who was bis avowed cnemy, Ho (Mr, Cary) desired (hat the Supreme Court ebouid be juvoked tw decide ti constitutionalty Of tue Tenure of Oilice law,*end if it should decide that pecmereae strewn comets never appoinsed, au: want, the hecident Must. submit, of he (sr, Cary) would unite tn the effort to burl him from bis piace. Mr. Haicur, (dem,) of N, J., having five mioutes silowed him, protested against the iinpeachment pro- Coedings in tue name of lis cousituents. tstack, (dem.) of Ind, followed om the samo Bide of tne question. Mr, Eupaiwcg, having a rainute left, sald, lo allusion to Mr. Judd, that ho (Mr, 3 not governed in his course by tue action of cy Mr, BROOMALL, (rep.) of Pa, sustained the If be had only 1m view the good of his party, he would be incimed to say to the President ot the United stetes, “Go on piltug up iniquity oa iniquity unitl be shall bury himself and his followers so deep iuat tho hand of polit! cal resurrection sua.l never reach him or them, The act for which the President was now to bo |: Peaohed was not ono of his greatest, but 01 of bis smallest offences, It was, however, the Crowning act—the apex of the great -pyramid of bis iviquities. “It was the act which had drivon tne American Congress against ita will aud reluctantly 40 the position where forbearance not only ceaiwd to be a virtue, but became a positive crime. He contended, in Tesponse to arguments on the other side, that Mr. Jposon’s recognition of Mr, Stanton as Secretary of War made it aa appointment. If sir, Johnson wore not now impeacred Congress had better repeal the 1:apesch~ ing power and declare that the President, uke the king, can do bo wrong, Mr. Pius, (1 of Mo,, followed on the samo side of y Ir. 4 ing that t President bad, by violating the law, subjected himself to impoachmont, and discussing the cir-umsiances at- tonding the President’s conduct, showing its criminal character, ‘ Mr Vay Hory, (rep.) of N, ¥., sustained the resolu- tion, insis'ing that thejact of the President in tho remuval of Mr. Stauton was a wilful violation of the taw. declared that the. country could have uo repose while Mr. Jounson was ia oifice, and that there could be vo legal reconstruction under his adumini-t ation unless tt were accompished in apite of him aad over the ons as cles which tio has constantly presenting. Ho would vote for tho reso\u fon, believing that in doing so he would be pertorming nis duty, Mr. BUTLER, (rep.) of Mass,, noxt addre sed the House 1p support of the resulution of tmpeucoment, which He sustamed in a long lezal argument. He rajected with tho utmost unsper sable loathing, scorn aad contempt the pretended legal dotge that the Preaidoat 1s caty ime peachabie fur indictable crimes as unsound iu law, faliacious tm reasoning and dangerous in pro- ciple; and he continued, if we wore cervain of purity of iatéution aud ‘patriotism of motive we might pass over, if we could not forgive, those vicla- tions of law aow presonted; but we mournfully remem- ber tue act by which the President was toduc ed tito bis high offlce—tis change of purpose, which became so painfully ev:dent in the aummer of 1365—tbe men fresh from the halis of treason and tne flelds of bod ho took for” bis friends aua counaollora—bis attempts to usurp the powers of Congress in re-estab- lisbing the governments of the robeil.oas States, bis open deflance of the faws in restoring the Souvuern ratt- roads to their rebellious owners, aithough forfeited by the outraged lows of the country; bis aypomt- ment to ofiloe of tho: wuo dared pot add Perjury and treason by takiog the tost oath prescribed by law, whlie he made public avowal using his owa chaste language, that he “wou.d kick oul of ollice every true man who shoud susta.n the Con- gress of the United Staves,’ fue brokerage in pardons, whic! nt on with his knowiedge, tf uot by nis cvn- extending not only to p litical offences but to felons and murderers, to counterfeiters and f rgers of the lawfal money of the nalion. which other rulers hold to be petty treason and worse thay murder; bis pablic attacks upon « ongross and tureats to overthrow it; the in- discriminate use of the veto power tom reater extent than that of ail the other Presidents who have preceded him combined; his obstinate opposition to prevent the pas- sage of wholesome laws, both opou and covert, to every jaw passed by Concress over nis veto to reconsiruct the geveramen: and bring back the country to 1s for mor condition of p nd prosperity, for the purpyse of consorting and counseling with traitors and — inaugurat: the massacres and assassinations at Nusbville aad New Orioaus; his re- ftusat to allow a s.ngie murderer wo be punished im the S uthorn states, where Union mea unter his rulo and because of bis nouesecutioa of justice havo boon slain by thousands; bis attempt, by military orders, backed by the opini n of hus .ogal advisers, 10 thwart the exe. cution of tho acts of ‘ongress by tho military com- mundors who were cuarged therewith; his taking advan- tage of the provisions of the very civil tenure act which he now deomwres unconstitutional to suspead tne eflicient oiticer whom ho nsw seeks to remove for no other reason than that he as «pposed bis neiar~ 013 deaigns; bis compassing the removal of the faitatut servant of the country, tho gailant Sheridan; tis ate tempt to draw inio a conspiracy wi.u bim-elf the genes ral officer of the armies of the United states so as to get Posseasion of the nilitary torce with which to exe. cuie bis purposes of subordivating the government—a corrupt undertaking, 10 which was so neariy successful thas we have to disboliove bis own plighted veracity and that of a majority of his Cabinet to doubt whetuer, in fact, ho did uot succeed. sucn aad all point te the sing!e couciusioa that waat we are now examining tx bat cue act in the drama which, if performed to its proposed close, would be the overihrow of tho Congress of the United States, the abr un of its !awa amd the restoration to power of the rebellion which the valor of our army sad vavy has subaued. For a tithe of those acts of usurpation, lawiossness aud yraey our fathers dissolved thei¢ connccuioa with ing George; for les than this King James lost his throno and King Cuarles toast his Lead, whiie we, tho ives of the people, oniy adjidge that th re 1s H ause shown why Androw Junns should be leprived of the oifice he hay desecrated and of the power he bis bi and, if convicted by the c art to which we shat! wd hita, be forever incapable of filiag tuat office, the ambition to bo dala nomiuated to whico has been the moving spring of all these crimes, Me. Bexcos, (rop.) ot N. EL, fvlowed ou the same side of the question. Mr. DONTE ES iy (f6p.) of Moss., next addressed the Hoase ly Sdpport of tho resglysion, Hg declared that thls was a more fortunate os asiun for thé Tams. tion of thw great public act tuun wero the former occa- gicos when ho bad sustained tue impeachment of the Vresident with moro zea! than Le now fo beileved that such demonstrations hed already been made in the House aud io the country as showed what the judygmout of the House and of the cuuatry would be on the question, He charged that tie President wes ors’, of vi la- ting the constitution and he pledged nimseif to su-taia the constivution: gecond, that he was guity of volating tho Tenure of Ofice law in removin; tho Secrotary of War without agk- ing tho advico and consent of tue tenuate He hed that ho was guilty of the latter oifence, whether the tav was or Was pot consti ution In reforence to Mr. Cary’s sugcestion to refer the matior to the Supreme Court, he said that there were fifty-fuur Senators, aud that the judgment of turty-six of tuem must be in favor of the constxutioualty of the Te.ure of Office Jaw. The Senate was for this purpose tho highest judictal tribunal of the land, and he not only hold tuat there was nv reasoa or right for tho aessump- ton that toe Senate should take the judsment «t the Supre.ue Court, or of any ovuer court; but ho bold that it would be the duty of every court, the Supreme Court a3 well as every oiber, to accept the jadicial deci: of the Senate as to whether that law ig constitutional or not. This man Andrew Johneo@, imiaing lla, who suby tied the Komee republic thr. ihe corruptions of the army ; imitating Touts Napoleon, wo trampied the repabile undor his foot and rascal ac ompire on Its rulo, through the core fuptiong which be introduced into the army, had aiso tried to seduce the a { bat it was the most glorious, ennobling, heart cheeriug evitence of the presont gene- ation that three leaders at texat in the great contest for erty, Grant. Sherman and George H, thomas, spurned the inducements of power, bad detied, wader tho law the altompts to corvupt ‘their minds or to alienate toem from the country, and bad rebuked as words could not rebuke the assumpt on of the ‘geotioman from New York (Mr. Brooks) that throe-iourths of the orwy were with the enemies of tho country, What was the bistory of this man, Andrew Johnson? Was not he the man who by bis conduct ob ihe 4h of March, 1865, brought disgrace and bumilation ov sae American people? Was no’ he the man wio by his machigatiogs had kept tea ae out of the Union? Waa not be tie man Who heed hia power as Chief Magistrate (o delay the collection of the public rovguue, Bad Lad restored to railroad companies in the South property whicn was fm the hands of the government, appropriating @ portion the money to his porsor e? Was mothe the man who would bo in the public jidginevt condommed as the greatest usurper of modora times? Tho plot, of which the removal Mr, Sinton was the outgrowtls, Was this; P to got control ot the War Pop ag in 1861, that the = minis war and the army materials might be ured for the purpose of onaming him to rucceed in aspirations tothe nett Presidency of tho United Siates. He knew that if he could corrupt ay, ! he could bend them to bis bia control, ba Domocractic Convention on the of and could » I rth of men who would support claim f idency, on the allegation, Wheh he could well carry out, and which wo other man could make good, that with the and with bis indiences among the leaders of the South he could eeoure tuo electoral vote of those ten Staves by excluding the negroes from all participat.on ia the alec- tion, If, perchance, this man cuald get suificient votes in the Norih to elect him, when added to the votes of the ton Southern States, them &» had determined, with the suppert of the army, t arated President at the hazted of @ cry) t was tul4 day that the country Of all tho army, but one ry obey his will, aud od, impotent and werk, the object aud compassion rather than of hatred This day, said be im conclasioe, the co Though there may ba a mot Mary ‘excivement, ™ aud the and tho lightning frightena the fearful, it rises morning with celasiial boauty—It will be if Bow do our duty—romove the man from the officy hords, redcom the repabiic and set an exaraple to all posterity whioh it will gladiy imitate if, unhappily, like circumstances stall again atloe, ‘tnd to posterity and to history wo may saiely The lo of the County are wadded to justice; they believe in duty, I know that this peopie, who furnished (wo and ® balf willion ‘a men for the suppression of the revellion, who passed safely through ne crisie of (he muraer of a beloved chief magisirat ean ROW With consiitutional bi jay hold upon wu neorper of tho laws and on thi ator of the const tion, on @ man who breaks oath®. Remove bim from the office he holds, preserve (he covetitution unimpaired, aod the nat oo will again, through those instrumentall- ties, bo adawnced higher id higher among tho peoples of the earth, (A hum of lease went through the au- dience on the floor gauienies,) Mr. Kerr next addressed the House in opposition to the resolution, He would not consider the question as © partisan, it roae intiaitely above that character, He find chose with whom be acted Bad no knowledge of the President's lotention to do what had led to this move- mont, They hed « fare omy «to meet the the hour, Upoa their connections owas utterly unabie to discover any single for Impeactiment, that ree above che meres — pa ‘Tho President had removed from bw Caoinet an offensive officer, Ho had doae so Late J consticution and in spite of a law of a most meaping, out which she opinions of its authors dif- fered wi He bad a right t» do this; every Preai- dent in the bistory of our government had doug as much, Tuese viows Mr. Kerr sustaiaed by citation frum law and tho events of the counsry, Mr. Barves, (dem.) of N, Y. two minutes allowed bun, spoke against the resolution, Mr. MaxzHatt, (dem.) of Hk, fotiowed on the same side, and spoke of (he power of a «mail minority of man of oxtreme views in the republican rauks for the past aix years, remarking that the majority of the House was being whipped inio this measure as it had been whioped {nto overy other measure, by their radical leaders, Mr, BINGiHas, rising to # point of order, objected to the words ‘whipped into? ‘Phe SvzakeR ruled that the words were not parila- mentary. Mr, Evokes had overruled a like point of order on grovnd that the words applied not to purt:cuar members but tos rly, Mr, MarsHatt eald, apolozeticaliy, that hurried as he hi f debate, make use of Fe ne eee toe ratarye ie regretted Chat nguage not strictly par! amentary, twa ; but be certaiuly vad not used language as rasa ag bad been used by members on the other side to embers on his sido during be progress of the debate would say, how tat individualit aud private Mop nioa hi bien awallowos up by the necessiti's of a party which bad eutored on @ revolutionary career, Tuey found tnat they could not hesuta’e, that they must go on; that eriher they or the country must go down, sad they were determined that it should no: be themselves Beforo dr. Stevens commence hi och, which he id at haif past four o'clock, dr. Bivawaw asked that hi ime bo exend-d from the hilf hour 'o which all Speeches ty day ware Imi ed toan how, ou strong Ope postin was nade on the repibl can sil» of the rouse, @ mewbers wisiung to have tue spatter brougut to & Vote ut tive o’clyoi Mr, Binouam moved to suspend the rales to enable bim to rake the motion, but oe ouly received tweniy~ two votes to sustain him, Mr. Stevens, (rep.) of Pa,, who had a seat at the Clerk's desk, commenced to reat his sp ech, but after getting through the first sentence ha ak d, on accouut of the weakness of biz vor:, that his spe ca mi cat be read by the Llork, That priviloze was graxted, and the Bpeecti Watread in a clodr, dist oot aut well emplusized tone by Mr. McPiees Mr. SruakeR—I agree with those gentlemen who hay one belor) ms, that this 1a grave <nhiect and #0: +gravely treated. It isimportan t» the high officia® who 13 tue Fubject of there char 2, aad 1 is important foanitio of forty mitions uf poste now tree and rapidly tncveasing '0 hunIred, of mitons The ofloial character of the Cutel Executive of this grand nation being tnus tnvolved, the ebay 1’ falsely made, is @ cruel wrong If. on the other ha: aud usuroutions charged agaioxt bin are tra’, fw gully of as atrocious attenprs to usurp the tiberty and do-troy the nappiness of thi. nat on as were ever perpetrated by the mus: det stabls tyrasxt wh» posed bis felow mon, Let us, there.ore, di-cuss these ques tons in no partisan spirit, bat wiih leg accuracy and impartial justice, The people de. no victin and t willeniure no usurper. the churges, so iar aa £ anal: disc i¢8 them, Androw Jona. gon Ls charged wiih att hi other tranc.es of tho govern nen’, with attempting to obs ruct and resist the execution of the law with misprision of brivery aud in the open vioiation of laws, wach declare hs acts a misdemeasor and -ubject nim to fluo ant imprisonmen’, and with romeving from «ffice the -ecretary ot War during tue se sion of the Senate without the advi-e or con:ent. of the Senate. and wita violation of the sixth foction of the act en itled an act g the tenure of certain civil efflo-rs, ‘There offeuces cuarged ‘u the papers refor- the committee which I may consider themselves, Ia order ‘o sustain tew and distinct npting to usurp to more by peachment under our canst! ntion I do not bold im. hat it {8 neccssay vo proveactine is an indiciadle nce, or any act modum in se. I acres with the dis tinguished centeman from Pennay!vania on the ottier House, who holds tnis to bo a puroly political pr ceedin, It i+ intended fore re nev for malfeasance: in offic» and to prevent the coutinuane: theroo’. Be- yond that ft is not intended ava per nal punishment for past offences or for future exarnie, Impeac'm: under our conaiituton is very diferent from im- peacament undert e Enghiss law. The framers of our constitution did not rely for safety una thy avenging dagger of a Brutus, but provided peac fal remedies, which should prevent that necessity Eugland hat two systems of jurisprudencs—oa. for trial art punishment of common offend ra, and one for the tral of men ta higher stations, whom it was found ditt salt to convict betore the ordinary tribunals, This Isiter proc ediug was by impeachment or by bills of attamder, gen- erally raciiced §=to §=6pumish ~~ officia male'ace tors, ut the svetem son degenerate! {nto political an personal persccution, and men were tried, coudomned and executed by this courttrom malignant Motives Such was the condition of the Englixh ia) when our cons‘itution was irimod, and tho Conventi determ.ned to provide aga oat the abu e of thet gy power, so that revenge and punishment sould sot joflicted up 0 poiitical or personal exemies Hence the whole puni hment was mae to con-ist in removal trom office, aad bills of attainder were wholly prohibi-ed. We are to treat this question, then, as wholly poittt- cal, in which, if an officer of (ne governmont abuse hi iat OF pt to pervert it to improper purporer atev rhe lism tive, He bécomes aubjes to impeachment and removai from office. The oftence Doing Indic abie dovs not provent impeacomen , bat te not nece-rary to -ustain 1, (Se@ Story ommentaries on the Consiiiution, ‘Madison, and others.) Such is the opinion of our elementary writers, Nur cal Shy tite of impeachment tried his gountry found where any gtirmot Was fade to prove thé offence criminal and fadic‘able, Wat, then are «he official misdemeas- ora of Audrew Jonnson disciosed by tne eviveuce? Ou the 2d day of March, 1867, Congre<s passed an act entitled *An act rej \ pop the tenure of = yh colvih oficers,"’ Amoug dther provisions 1 thas ne officer who had apo! be a sit ae advice and consea! of the Senate shoul bo removed from oMog wittout the con-ent of the Senate, and that if during va cation a susp nviou should be made for cau 6, such cause ehould be reported to the senate within twenty days after their next meeting, If the senate should deem the reason of the suspeo ton # fic ent, tien the officer shoul be removed and another appointed in nfs Atead ; but if the Senate should re use to concur with toe Preal- dont aud deciare the rea-on: in uffic‘eot. then the officer suspended should forthwith resume fanciious of bis office, aad the powers of the person performing ite dutres should cease, It 14 expecially provided tuat othe ceoretary of War shall ow oilice during the term of the Presisent b whem hs may have been appointed, and or one moa hb’ horestter, unies: removet by and witht.e oneeutot tho 3 asaoead. Ontne 12h of August 1867, during the Teceds of the Sens 6, the President rem ved the Secre- tary ot War, whose erm of oifice hal n t oxpired. re- quiring im to surteuder itice, wih the publio Prop-rty, aod sppornted ral U'yssen 8, Gray Secretary of War ad in’erim, Whon Andrew John son arsumed tue oillce of Presid: be tovk the oath to obey ‘he constitution o the United Fates and to take care that che laws b» fatthintly erecured. Thi was @ soloma and enduring obiiganion. exemption from it on acco nt of becentition at he time it was sdministered to bim, An aticmpl s= to obstruct =the execution of" the Iaw—ood @ mere omusion = amvaniing to which would have been a misdemoat a darmg and bold conspricr— et by him to induce the the Army “to aid” im in defeat ng tho opera'ion of this law, and when he had suspended the Secretary of War be appointed General Grant S:cretary ad inter with the avow d pnrpyse of preventing the operation of Vat law i Bevate should decide io favor of the Secretary; aud bo ays that the G ners did enter into such « conspl any to aid bln in obstiagting tue petun of tho rejrcted Secrotary, votwithsaud.hy ths Seis night decidom bis faver, Tnis is denied by the General, and a question of veracity, rather angnly discussed, baa ari seem to consider q to tho public. In this they are mistaken, man rach and which 13 the maa of falseboud is of ne more public importance than if it occurred obscure individuais, If Andrew J>tinson tel then he ts guilty of a high oMecial miedemea avows his effort to pr vent the execution of the laws. It the General commanding felts tho truth, then the Preal dent ts ga lty of « bigh misdemeanor; tor he declares tho same thing of tho President, denying only his own complicity, No argument cin + ake this point plainer than the statement of th. culprit, If he aad the Gene. ral told the tr th, then he committed wilral perjury by refusing to take cure that the jaws sn uid be duly exe- cured. 10 show the anim ity knowledge w which this law was viviated we have only to turn to the proceedings of the Senate wotitying mim of bis Lilogat and void conduct, and thea to consitor that bo nas since persevered in attempting to eatorce it. Im. doed, to ahow his utter dsregard of the Iaws of his country we bave only ty tnem to his Inet sage, in wh: proctatined (0 ths pablis taat of Cougrese are unconstitutional an! net binding on the people. Who after that can ay toat such a mantis it 49 occupy the Execative chair, whose dity it is dicate obedience to and see that those very law faitatally obeyed? Then tho great beauty of the romo~ ial and preventive process is clearly dem: mstrated. He t# dui and blind who cavnot see its neos sity and the beneficial results and purposes jal by impeachment, By the sixth section act roferrea to it is provided that every removai, ment or employment made or exerc sod contrary of tuis act, or countoratening or | autuority tor or ia respect . declared tbe dé. mi semen ir, wnd upon trial and conviction be punished by fins not excerding impricopment not exceeding tive yours, nishments, ia the discretion of the court, , Andrew Jobnaon, on the 2iot ‘day of February, 1868, icnved his eommissionary fetter of authority to Loreazo Thomes, appo'n ing him Secretary of War ad inerim, and commanding him te take jon of tue Departwwen: of War and to ejecs the incumbent, FE. M Stanton, ihen in lawful possession of enid office or bord gan Now, in deflance of this 7. mo : bee d stood ~— would undeniable official mirdemeaoor, not on); Iniedeniahor pert, but declared to be so 4 iisoif, amd the party made Indiotable and unisbable in @ criminal proceeding. If Andrew J: hn- gon escaped with bare removal trum office; if he be not floed and Lan pp to in the penitentiary afierwar 1 thank may 0 weak and not bis own inne rove on the trial ity of — mispriciom offering General Grant, if violence to assume in his stead the ponalties o endure the imprisoument prescribed by iho favs, Bribery is one of the offences speciticaily enumerated for which the President may be impeached and removed from office, By the constitution, article 2, section 2, the President has powor to norajnate, and by and with the advice an@ CONTINUED ON TENTH PAGK.