The New York Herald Newspaper, March 31, 1868, Page 5

‘ _ NEW. YORK HERALD, TUESDAY, MAROH 31, 1868~TRIPLE SHEET. ERNE aca aaa Bae ETE babs a a repel a’ may become 8 “dw:—First, Vote | inthe courts, If the President had desired | the law and the action of the Senate; in other words, | think and speak what he pieases, in the manner he | ATY Of the, Untied States, and also an- | the execution of acta of Congress by the military Touses in due’ form, with the Preattenvs | solely ter test the Sonstiutiouality of the wor nie | he tnteued to mace, and’ and maker oxcentive se Pleages and where he pleases, provided always Ke | Commonly known as the” Reconstruction sact, | Cummanders, who, were therewith? These ‘ ty by pastage by Leen oy Tera gut pry enaeien. seaean ataid C8 sintance to the law cay enaiton She ctassanquces ne ak brite. Riese wae the parelane ct the | To sustain this chase ead Recpnatenction | 8c. pork aaa acts show Cogent d that 4 que Presi neglect ul CeBA ge Senate Februar; m such resistance essages. | common law offences being 0D rand atte control itary force days with objections; third, by passage by | forming them st the removal, but not ting thls Where an act has bee: “according to the | brawler or acomuon scold, which Ne may. do (if a | demlal of the authority of au charged ten n passed wy ye ; also | the government by the seizing of the Department evrerceee Comes in due form, @ velo by | purpose, which. ta thus shown to be an afterthought, | forms of the constitution by the supreine legislative | male person is ever Hable to commit that erime), but | Mis letter to neveattteral of the Army, in which he | of War was done in pursuance of his general the ® reconsideration by both houses, r would have sald, in substance:—‘Gentiemen of | authority and regularly enrolled among the public | the dignity of station, the proprieties of po: tion, romises of pardon ‘and it denn Bey to Eo) im by | design, if it were possibie, to overthrow the Congress = by @ two-thirds vote, ‘The consti- | the im order to teat the constitutionality of | statutes of the country, executive resistance to it, | the couriesies of ofice—all of which arc a | Probe Of pardon and indemnity to disobey the | of the United States; and he now claims by his an- gubstitutes this recons‘deration and passage the law eni ued ‘an act regulating the tenure of Ger- | especially in times of high party excitement, | part of te common law of the land— yea mi oe act and to hold | swer the right to control at his own will for the exe- in of ly believe ‘a8 an equivalent to the President’s signature. After ices,’ which I to be | would Ukely to uce violent collision | require the President of the United States | Me oflice of Secretary of War against Mr, Stanton | cution of this very design every officer of the army, Maat be wud ali other ‘aflcers must execute the law | Unconstitutional and void, “I have. issued” an | between the respective’ adherents of the two | to observe that gravity of deportinent, cuat finess of | {er he had been reinstated by the Senate; that he | mavy, civil. aud diplomatio service of | th ‘ ‘whether in fact constitutional or not For the Presi- | order of removal of FE. M. Stanton from the | branches of the government. This would be simply | conduct, that appropriateness of demeanor and and declared that had heknawnthas he Gi biel oey di Unii States, Hg asks yon here, Senators. dent to refuse to execute a law duly puss d because | office of Secretary of the ent of War. | civil war, aud civil war must be resorted to only as | those amenities of behavior which are part of his | 15) have acceded to his wishes ne vane —_ by 1H sole adjudication to confirm he thought it unconstitutional, after he had | I felt myself constrained to make this removal lest | the last remedy for the worst evils, It is true that h official functions, Ma stands before the youth | fhXen orher means to prevent Mr. St cia hee | wm that right, to invest him witn that vetoed it for that reason, woul effect, | Mr, Stanton shouid answer the information in the | cases may occur in which the Executive would be |-of the country the exemplar of ail that Is of worth ing tis oftices his admissions in Ns anewertha: | Power to be used with the intents and for » be for him to execute his veto" and leave | mature of a quo warranto, which I intend the Attor | compelled to stand on its rights and maintais them | in ambition and all that is (o be sought in agpiration, | fV7NS his olen: Mm mci msrele Mn bis answer that | the pu which he haa already shown, The re- the law unexeeuted. Itmay be sald he may do this | ney General shail tle at ah early day, by saying that | rogardiess o. all consequences. He admits, in sub- | He stands before the men of the country as the grave Stankoue Xuwust 12, 186%, tO Oust hita from iis nals, | SPousiblitty is with you; the safeguards of the consti- at his peril, True; but that peril is, to be impeached | he holds the office of Secretary of War by the ap- | stance, that he told Emory that the.aw was wholly un- | magistrate, who occupies, if he does not fil, t Suge of, “ rom his office, | tution against usury n are in your hands; the in- | 7, withstanding the decision of the Senate under 7 tutional and in effect took away ull his power lace once honored Washington; = 4 G terests and hopes of free institutlons wait upon your ander-in-Chief, Was it not such a law as he | higher and far greater stands ‘before the bet Ryne ey png Prom ida {9 | decision, ‘The House of Representatives has done its red he would resist? Do you not believe | world as the representative of free Institutions, as a pot duty, We have presented the facts in the constitu- been commonly oF a8 de- | partments of the xovernment and te Executive, f | that if General Emory had yielded in tho least to | the type of aman whom the suirages of afree peo- | {0 come from himself after he was 9 reinstated, | tonat manner; we have brought the criminal to your ¢lared by the Supreme Court unconstitutional, and | lay before the Senate this message that the reasons | his suggestions the President would have offered | ple have chosen as their chief. He should be the | ormy of the United States to take possesston of the | bar and demand judginent at your hands for his so therefore i itive, there might seem to be some | for my action as well as the action itself, for the pur- | him promotion to, bind him to his purposes as he | living evidence of how much better, higher, nobler | \y, Y ian ‘ot transmitted as it should have been | Steat crimes. Never again, if Andrew Johnson go Palllation, if not justification, to the Executive to | pose indicated, may meet yourconcurrence.” Hadthe | did Shermen and Thomas? Pray remeinber that | and more in the image of God is the elected tana n tie "Ge eral of the army, and the deciara- quit and free this day, can the people of tiis or any Fefuse to execute a law in order to have | Senate received sucha message the repre! tives this fy not the cage of one gentleman conversing | ruler of a free people than am hereditary fonetot Geneval Thomas tha ba: ‘ofleer of the | ther country by constitutional checks or guards atay ang Bie of office, as is now bei jone. } pointinent and authority. of Mr, Lincoln which has If, indeed, laws duly passed by Congress, cting, | never been revoked. Anxious that there shall be no matey the welfare of any considerable Bastion collision or disagreement between the several de- | 3 4 its constitutionality, tested by the court. | of the people might never have deemed it neceassai ‘wer on Inooted questions of law, but it is the | monarch, coming into power by the accident 7 “, the usurpations of Executive power, 1 speak, there- 4 Tt is possible to conceive of #0 dagrant a cuse of un- | to umpeach the President for uli an act to ute ‘it the Commanderin-Chiet, “the fountain of | of birth; and when he disappoints, all these hopes army (of (he United Btates, he felt hound (0 obey te | fore, not the language of exaggeration, but thé words eonstitutionality as to be such. shadow of justifica- | the safety of the country, even if they had dene and source of all’ power,” in the | and all these expectations and becomes the | firther the rpose and intent with which his of trath and soberness in saying that the future poli- Mon to the Executive, provided one atthe same time | the accuracy of his legal position. On th contrary, © litary officer, teaching ‘that of. | ribald, scurrilous blasphemer, bandying epithets and | Gluarations wore made, and hia denial of the | cal, Welfare and liberties of ali men hang trembiinge y ‘eonceives an equally flagrant case of stupidity, | he issued a letter of removal, peremptory in fora, law which he , on the decision of the hour, i" himself | taunts with a jeering mob, shall he be heard to say wy imbeciilty, or worse, in the Repre: | intended to be so in eifect—ordered an ofticer of is void, “with the ‘power | that such conduct is uot # high misdemeanor in of- | Power of Congress to propose amendinents fo te | sev, Butter concluded his argument at seven min- @entatives of the people and in the Senate of the | the army, Lorenzo Thomas, to take possession of fe ihe oMlcer if he finds him an apt pupil. | fice? Nay, disappointing the hopes, causing the 4 c = 4 fore * efatagte GaP a United States; but both conceptions are so rarely | the office and eject the incumbent, which he ) isi. nota high misdemeanor for the President. to cheeks to burn wih shame oxposing to the taunts pall Perea we cn stant’ Gitleharel ~~ “pepe A casi ees nt lala ble and ‘absurd as not to furnish a ground | claimed he would do by force, even at the { ass:me to lustruct the oMicers of the army that the | and ridicule of every nation the good name and fame | £ress, Y PP OF scenes at Si. Louis caused several audible titters in th ‘ification of the country and the return of the Br governmental action, “How stands 'the fact? | risk of Inaugurating insuirrection, civil commo- | laws of Uongress are not to be ovey.cd? of the chosen institations of thirty millions of people, | [ne acitoauion a — ; the gallery, particularly when, bowing ow tw the the Supreme Court so frequently declared | tion and war. Whatever be the decision 4 ty ets ee ee insurrectionary States to the Union, and has ad- gallery, particularly when, bowing low e Has Article ten alleges that, intending to set aside the | is it pot the highest possible crime aud misdemeanor ' 4 4 col 4 V1 on 6 4 the laws of Congress in conflict. with the con- | of the legal question involved, wien the case comes | rightful authority and Powers of Congress, and to] in $mMce and, under the circumstances, the SE tea een nat dooenaines Cates Bop to ae ceigitt a. raphael th Lo grenaas vad ' siltation as to afford the President just } before the fual judicial tribunal, who shall say that | bring into disgrace and contempt the Congress of the | gravamen of these charges? ‘The words are | fourteenth article, when appealed toto know if It was | "or Is, “high constitutional prerogatives. ground for belief, or hope even, that the court | such conduct of the Executive under the circum. | United States and to destroy confidence in and to | not alleged to be elther false or defamatory, | pest for the Legislature so to do; and tlis, too, after | During the delivery of Mr. Butler's address the 1 do so in a given instance? 1 think I may safely | stances and under the light of the history of current | excite odium against Congress and its laws, he, | because it is not within the power of any man, how- that amendment had been adopted by ‘tnajority ‘of | President's counsel were attentive listencrs, and took eassert as a legal fact that since the first decision of | events, and his concomitant action, is notin An- | Andrew Johnson, President of the United States, | ever high his oficial position, in effect to slander the the loyal ‘States! legislatures, and after, in thee!#ction a gee the Supreme Court till the day of this arraignment | drew Johnson a high crime and misdemeanor? Im- | made divers speeches set out therein, whereby he | Congress of the United States, in the ordinary sense | o¢ ygee, it hud been sustuined by an over: vhelming Occasional notes. The stepographic clerk of the At- mo law passed by Congress affecting the general wel- agine, if it were possible, the consequences of a de- brought the office of President lato contempt, ridicule, | of that word, so as to call on Congress to answer as | inajority of the loyal people of the Uni fates, | orney General's oMce in the meantime was indus- fare has arst, by the judgment oi that court, been } cision by the Senate in the negative—a verdict of not | and disgrace. To sustain these charges there will be | to the truth of the accusation. We do not goin, T do noi propose to comment further on thi tice, | triously taking it down at the table of the President's get aside, or held for naught because of unconstitu- | gullty upon this proposition. A law is deliber- | putin evidence the shorthand notes of reporters in | tl fore, to any question of truth or falsity. We | pecauseif rl pr Sandie shall have decided that all the ‘tionality as the groundwork of its decision. In three | ately passed with all the form of legisla- | each instance, who took these speeches or examined t upon the scandal of the scene. We would a3 | acts charged in the preceding articles are justified connsel. eases only has the judgment of that court been influ. | tive probeciure, is presented to the President for | the sworn copies thereof, and one instance where | soon think, in the trial of an indictment against a ter- by law, then so large a part ‘of the interest and pur- Mr. Bincaam, of the Managera, then rose and ‘euced by'the supposed conflict between the law and | his ture, is returned by him to Congress | the speech was examined and corrected by the | magant or a common scold, of summoning witnesses | poses with which the respondent ts charged in thts | said:—Mr. President, the Managers on the partof the the constitution, and they were cases aifecting the | with his objections, is thereupon reconsidered, and | private secretary of the President himself. "To the | to prove thatwhatshe said was not true. It is the | article would fail of proof, that it would be x shee pesiies p tes court itself and its own duties, and where the | by a yea and nay vote of three-quarters of the repre- | charges of this article the respondent answers that a | n¢ and disturbance in the neighborhood that | qimcult to say whether he might not, with House are re to proceed with the testimony to Jaw seemed to interfere with its own pre- | sentatives ofthe people in the popular branch and | convention of del of whom he does not say, | 18 the offence, and not @ question of the | equal impunity, violate the laws known as | Make good the articles of impeachment exhibited by Fogatives. Touching privileges and prerogatives | three-fourths of the Senators Reprenen ag the States | sat in Philadeiphia for ‘ee political purposes | provocation or irritation which causes the outbreak. | the reconstruction acts, Which in his mes- | the House of Representatives against the President bas been the shipwreck of many a wholesome law. | in the higher branch is passed again, notwithstand- | mentioned, and @ committee to wait At the risk of being almost offensive, but protest- Y , i s a A - ¥ It ls the sore spot, the sensitive nerve of all tribunals, | ing the Veto; 13 acquiesced in by the President, by all | upon the respondent. as President of the United tg that i 60 iets OF my fault, but that of the person | S386, Ne, leclares, ons piatuly unconstitutional | of the United States, and my associate, Mr. Wilson, ey or judicial, The first case questioning | departments of the government conforming thereto | States; that were received, and by their | whose actsI am describing, let me but faintly pic- | should he not violate them? If, therefore, the judg- | Will present the testimony. validity of alaw of Congress is Hayburn’s (2 Dallas, | for quite a year, no court having doubted its validity. | chairman, the Hon. Reverdy Johnson, then and now | ture to you the scene at Cleveland and St. Louls:—It : a ital! 3 the el CW, N—| is t D, behal the Senator of the United States, addressed the re- | is evening; the President of the United States on a aisle, westall take Jutyieat One | cee ee spondent in a speech, a copy of which the respond- | journey todo homage at the tomb of an illustrious mae ent ndént declares in the same mes. | Mtuasers, that notwithstanding the meaning of the ent believes from a substantially correct a! is | Statesman, accompanied the head of the army pe that’ Me aoa aoe intend to ‘execute them. is in| a ments which we deem important to be pre- made @ part of the answer; that the respondent | and navy and Secretary of State, has arrived in the | wonderful at all that such a speech, which seems to | sented in evidence, has been set out in the exhtbits 409), where the court decided upon the unconstitu- | Now its provisions are wilfully and designedly violated - tionality of the act of March 23, 1792, (Statutes at | by the President, with intent to usurp to himself the Large, Vol. 1, p. 244), which conferred upon the court | very powers which the law was di ned to limit, ‘the power to decide upon and grant certificates of | forthe purpose of displacing a meritori 1s officer ‘dmvalid pensions. The court held that such power | whom the Senate had just before determ d ought | made a reply to the addreas of the committee. “i central city of the Continent. He has re rove “oolly utiere } 48 Cras Na " < could ‘not be conferred upon the court as | and should not be removed, for which h . handed | While, however, he gives us in his answer a copy of | been welcomed By the civic authorities. He uate Anpreaag aes Ritts ve roth Praline accompanying the answers and also in some an original jurisdiction, the court receiving all | act the President is impeashed in the nam. of all the | the speech mate to him by Mr. Reverdy Johnson, | has been escorted by a procession of the | «pully for you? * | of the ewer, we still are of opinion that Abd nal jurisdiction from the provisions of the Fronie of the United Staies, by three-fourths of the . eonstitution. This decision would be nearly unintel- ouse of Representatives, and presented at the bar Ugible were it not explained in a note to the case in | of the Senate, and by the same Senate that passed the United States vs. Ferrara (i3 Howard, p. 52, re- | the law—nay, more, by the very Senators who, when Peeting, United States vs. Todd) decided February 17, | the proceeding came to their knowledge, after a 104, We learn, however, from both cases the cause | redeliberation of many hours, solemnly declared of this unintelligibility of the decision in Hayburn's | theact uniawful and in violation of the constitution. ‘ease. Whien the same question came up at the Cir- | That act of usurpation 1s declared not to be a high uit Court in New York, the judges being of opinion | misdemeanor in office by their solemn verdict of not taken Irom @ newspaper, he wholly omits to | benevolent haritable societies and citizens and sol- further. [might follow this ad nauseam. | it is proper for us to introduce the documents origin- give us an authorized version of his own speech, | dlers to his hotel, He hus returned thanks in answer Tgrane the President of the United. States. further ai 7 ai sr ofadaedine aialusel ane ake eas about which he may be bot dene to kuow quite | to an address of the Mayor to the citizens who have | upon this disgraceful scene the mercy of my silence. ally, by way of gua je agin: mishaps as much, and thus saved us some testimony- | received him. The hospitality of the city has pro- To me now who can read this account of this ex- | Might arise fr imperfect copies set out in the He does not admit that the extracts from his speech | vided a banquet for him and his sutte, when he 1s | nipition, and reflect that the result of our institutions | answers. | offer first, on béhalf of tie Managers, a in the article are correct, nor does he deny that they neal expected to address the chosen guests of the | of government has been to place such a ian, 8 1036 | certified copy of the oath of office of the President @re so. In regard to the speech at Cleveland, he | city where all things may be conducted in decency | to decency and propriety of conduct, so unfit in the | © sibs sd a 5 agaiu does not admit that the extracts correctly or | and inorder. While he was resting, as one would | high ofice of ruler of this nation, withont blushing | Of the United States, whieh 1 will read: SuARS perorat his speech; but, again, he does not | have supposed he would have to do froin the fatigue | and hanging ils head in shame as the finger of | Ido solemnly swear that I will faithfally execute @ ‘ tat the law could not be executed by them ‘ullty upon their oaths. Would not such a judgment | deny that it does so so far as the same is set out. As | of the day, a noisy crowd of men and boys, washed and e tempt for republican democracy is | the oe of Pres tof the United states, and will, as, judges, because ‘tt was unconstitutional, | be a conscious self-obnegation of thelntelligent capac: | tothe speech at Br Louis, be doce act deny that he | unwashed, drank and sober, black and white, as- | Sitod te nor py some advocate of monarchynan the | tathe ned ol tay ability, preserve, provect and de yet ‘determined to pber it until the case | ity of the Representatives of the people in Congress as- | made it—says only that he does not admit it, and | semble in the street, who make night hideous by their | Oid World? What answer have you wien an intelli- | fend the constitution of the Unite ® @ould be adjudicated by the whole court, | sembled, to frame laws for their guidance in accor- | requires in cach case that the whole speech shall be | bawlin; uitting the drawing room without the ad- | gent foreigner says, “Look! see! this is the cul- ANDREW JOHNSON. they therefore, not to violate the law, did execute | dance with the principies and terms of their constitu. % as commissioners until it was repealed, whith | tion and frame oftheir government’? Would it not be ‘was done the next year. The judges on the cir- | a notification—an invitation rather—standing to all uit in Pennsylvania al uniied in a letter to the | time to any bold, bad, aspiring man to seize the Executive most humbly apologizing, with great re- | liberties of the peopie which they hud shown them- gs taat their conyicuons of aay did not permit | selves incapabie of maintaining or defending, and mm to execute the law according to its terms, pie the 76le of a Cresar or Napoleon here to estab- and took special eare that this letter should accom- ish a despotism; while thia the last and greatest ex- r Pany their decision so that they might not be mis- | periment of freedom and equality of right in the understood. Both examples it would have been | people, following the ‘ong line of buried republics, well for this respondent to have followed before | would sink to Its tomb under the blows of usurped he undertook to set himself to violate an act of Con- | power froin which free representative government gress. ‘The next case where the court decided | shall arise to the light of a morn of resurrection aaa) a :Soptics panyeenine ene ana ae nevermore, nevermore forever? wis on vB. the United States, tried in Ap r , Seventy-one, yearsiafterwards, tro justiees'd te] At five minutes before three o’clock Senator WIL- senting, without any opinion being delivered by the | 50N interrupted Mr. Butler to move that the Senate . oe fers Cray bap te | hechaal ir piece! ome take a recess of ten minutes. Cou ims, alleging that under the constitu. ER . « tien no appellate jur! isdiction could be exercised veins -amiverp:maeh obliged to the: Ben ever the Court of Ciaims under an act of Congress | ator. wale are rey igaey, Bop soe poorer sot the The Cuter Justice put the question on the motion a cision ol ie. Cou ol ims, ini deck te tna satisiactory, as it. is | ®24 declared it adopted, and the Senate took a recess wholly without argument or authority cited, | accordingly. ‘The’ next case is ex parte Gariand Ne Wal- The Chief Justice promptly called the Senate to case, Jace, 353), known as the Attorney’s Oau where the court decided that an attorney was not un | O'er at the expiration of the ten minutes, and Mr. “ GMlcer of the United States, and therefore might ares garg) - Pract fore court without taking the te: rticle nine charges that jor General Emor; @ath. The reasoning of the court in that case would | being in command of the aiiory Department ra ‘throw doubt on the coustitutionality of the law of | Washington, the President called him before him but the decision of the invalidity of the | and instructed him that the act of March 2, 1867, Jaw Was not necessary to the decision of the case, | which provides tnat all orders of tne President shall which did not command @ unanimity in the court, | be issued through the General of the Army, was un- tt certainly did not the assent of the | constitutional and inconsistent with his commission, bar, Yet in this case {t will be ob- | with intent to induce Emory to take orders directly yo le bested that the court made a rule uiring | from himself, and thus hinder the execntion of the proven. In that I beg leave to assure him and the | Vice of his friends, the President of he United States | mination of the ballot unrestrained in ihe hands of Senate his wishes shall pe gratified to their | rushed forth on to the balcony of the hotel to address | g free people, in & country where any man m fuilest fruition. The Senate shall see the ‘perform- | what proved to have been a mob, and this he calls in | aspire to the office of Preside ance, so far as isin our power to photograph the | his answer a “fit occasion on which he is held to the | ment of a hereditary king or empe: scene by evidence, on all those occasions, and shall | high duty of expressing opinions of and concerning | where at least our sovereign is hear every material word that he said. His defence, | the legislation of Congress, proposed or com-| man, than to have such & however, to the article is that “he felt himeelf in | pleted, in respect to its wisdom, expedi- | fora ruler? Yes, we have an answ duty bound to express opinions of and concerning | ency, justice, worthiness, objects, purposes | this man was not the cuvice of the the public character, conduct, views, purposes, mo- | aud public and political motives and | president of the United state: tives and tendencies of all men engaged in the public tendencies, Observe now, upon this fit occasion, | surface by the whirlpool of service, as well in Congress as otherwise, and that for | like in all respects to that at Cleveland, when the | we grant, elected to the second plac anything he may have said on eituer of iaese | President is called upon by the constitutional re- | ment without thought that he might ev occasions he is justified under the constitutional | quirements of his office to expound “the wisdom, | By murder most foul he succeeded to the Presidency rigit of freedom of opinion and freedoin of speech | @xpediency, justice, worthiness, objects, purposes | and is the elect of an assassin to that high office and and is not subject to question, inquis.tion, impeac*- | and tendencies of the acts of Congress,” what he | not of the people. “It was a grievous fault, | 4 ment or incuipation in any manner or form whatso- | says, and the manner in which he says it. Doeshe | and grievously have we answered it)? bub ever; he denis however, that by reason of any | Speak with the gravity of a Marshall when expound. oh, advocate of monar matter in said article or its specitications alleged he | ing conatitutional law? Does he use the polished rhment gives us a re said or done anything indecent or unbecoming in | sentences of a Wirt? or, fai''ng in these, which may ch yours, With Its divine right of ‘ “ ‘STar ‘an. 13, 1862. ‘the Chief Magistraie of the United States or tending | be his misfortune, does he, in plain, ho words | kings, does not. We can remove. we are about to | The followin Ss message W as rei i from the Prest- to bring his high office mto contempt, ridicule or | of truth and soberness, endeavor to instruct the men | do—from the office he has dis; the sure Aaneot thet ASE Sypriedi Nicolay, his masts. disgrace, The issue, then, finaliy, is this:—That | and youth before him in their.duty to obey the | gafe and constitutional method of tmpeachme ASIDE: SO: ORM LARS SR IT: ARI * those utterances of his, in the manner and form in | laws and to reverence their rulers and to | while your king, if he become a buffoon, or a j which they are alleged to have been made, and under rize their institutions of government? Althougit | or atyrant, can only be displaced through the circumstances, and at the tlme they were made, je mi have been misiaken in the aptness | tion, bloodshed and civil war. ‘This, th are decent and becoming the President of the United | of the occasion for such didactic instruciions, still | monarchist! is the crowning glory of our ite é States, and do nottend to bring the ofice into | good teaching is never thrown away, He shows, | institutions, because of which, if for no SION, Jan. 13, 1862, ridicule and disgrace, We accept the issues, They | however, by his language, as he had shown at Cleve- | other reason, our form of goverament claims | 1 uext offer the ratification of the Senate in execu- are two. First, that he has the right to say what he | land, that he meant to adapt himself to the occasion, recedence over ail other governuents of the earth. | tive session upon the said nomination:— did of Congress in the exercise of freedom of speech; | He has hardiy opened his mouth, as we shall show ‘o the bar of this high tribunal, invested with all its Agen elas and second, that what he did say in those speeches | you, when some one in the crowd cries, “Now about J great power and duties, the House of Representa- In Exect are wierd were a highly gentlemanlike and proper perform- | our British subjecta?’’ The Chief Executive, sup- | tives has brought the President of the United States i i eab igi ea ance in a citizen, and still more becoming in a Presi- | ported by his Secretary of State, so that all the for- | by the most solemn form of accusation, charging i ate advise anc on ni dent of the Unitid States. Let us first consider the | eign relations and diplomatic service were } him with high crimes and misdemeanors in a3 | the appointment of Edwin M. Stanton, o mort gtaver matter of the assertion of the right to cast | fully represented, with a dignity that not even his | set forth in the several articles which [have thus | Vania, to be Secretary of War agreeably to the noml- contamely upon Congress; to denounce it as a “body | connsel can appreciate, and with an amenity which | fecbly presented to your attention, Now it seems | nation. hanging on the verge of the government;” “pretend- | must have delighted Downing street, answers, “We | necessary that I shonid briefly touch upon and Mr. WILSON read the certification of John W, For- ing to @ Congress, when, in fact, it was not a | will attend to John Bull after a while, 80 far ay that | bring freshly to your remembrance the history of ney, Sect y of the Senate. 1 next offer acopy of To which is attached the following certificate:— 1, mon P. Chase, Chief Justice of the Supreme Court of the United States, hereby certify that on the 15th day of April, 1885, at the City of Washington, District of Columbia, personally appeared Andrew Johnson, Vice President, upon whom by the death of Abraham Lincoln, late President, the duties of the oftice of President have devolved, and took and subscribed the oath of ofice above set forth, SALMON P. CHASE, Chief Justice, 1 the attestation of the document ward, Acting Secretary of State, Luow ofer the ngnina'ion of Mr. plary of War by President Lincoln, It Mr. WILSON Nerick W EXECUTIVE SESSION, } SENALE OF THE UNITED STATE M. Stanton, of Pennsylvania, to be Sec- lace of 3 1 Cameron, nowtnated to be ABRAHAM LINCOLN. ‘oath to be administered to the attorneys, in obe- | Civil Tenv-e act, and to prevent Mr. Stanton | Congress;” “a Congress pretending ‘to be for the | is concerned.” ‘The mob, ungrateful, receive this bit | some of the events of his administration of attairs raha; wee * @ieuce of the law, until it came before them ina | from holding his oftice of Secretary of War. | Union, when its every step and ae tended toper- | of expression of opinion upon the justi in his high office, in order that the intents with | te communication made to the Senate December @ause duly brought up for decision. The Supreme | If the transaction set forth in this article stood alone wate disunion” “and make a disruption of the | Worthiness, objects, purposes, and puptic and | which and the purposes for which the respondent | 12, 1887, by the President, As this document 19 ‘Gourt obeyed the law up to the time it was set aside. | we might well admit that doubts might arise as to poirm Pot not Violate it to make a test case. Here is | the su! canes of the proof, But the surroundings eomtr a ‘to this respondent as to his duty in | are so pointed and significant as to leave no doubt on inevitabie;”’ “a in a minority assum- litical motives and tendencies of our relations with | committed the acts alleged against him may be fully | 7 7 % ing to exercise power which, if, allowed to be con. the Kingdon Of Great Britain, os they fell from the, | understood. Upon the first reading of the atticles o¢ | Somewhat lengthy, I will not read it unless desired. sumnmated, would result in tons a and monarchy | hono lps of the President of the United States, | iinpeachment the question might have arisen in the | It is the message of the President of the United ‘tue case, which he will wish he had followed, | may | the mind of an impartial man as to the intents and | itself}? “a Congress which had done everything to } with laughter, and the more unthinking with cheers. | mind of some Senator why are these acts of the ] States assigning his reasons for the suspension of the ‘venture to say, When he hears the judgment of the pu of the President. No one would say that | prevent the union of the Statesy’ ‘a Congress fac- | Having thas disposed of our diplomatic relations | President only presented by the House, wien history | see retary of War, Senate upon the impeachment now pending. he lent might not properly send to the com- | tious and domineering; “a radical Congress, which | With the first naval and commerchal nation on earth, | informs us that others equally dangerous to tae g fs ‘There are several other cases wherein the vatidity of | mander of this de] ent 10 make inguiry as to the gave origin to another rebeliion;” “a Congress | the President next proceeds, to instruct in manner | the liberties of the peopte, if not more SEVERAL § rons—Rend it. ects of Congress have been discussed before the | disposition of forces; but question | upon whose skirts was every drop of blood | aforesaid and for the — aforesaid, this | so, and others of equal usurpation of powers, Mr. WiLson proceeded to read the somewhat . Supreme Court, but none where the decision has | is with what intent and Purpose did | that was shed in the New Orleans riots.’’ | noisy mob on the subject of riots, uj which his | if not greater, are passed by in silencey lengthy document, until at twenty minutes past four turned on that point. In Marbury vs. Madison (1 | the President send for General Emory | You will find these denunciations had a deeper inean- | answer says, “it is the constitutional duty of the | To such possible inquiry we reply, that the acts set 4 ing than mere expressions of opinion. It may be | President to express opinion for the pur- | out inthe tirst eight articles are but the culmination | O'clock Senator SHERMAN rose and said:—Mr. Presl- taken as-an axiomin the afairs of nations that no | poses aforesaid.” A voice calis_ out “New | ofa series of wrongs, malfeasances and usurpations | dent, if the honorable Managers would allow me I usurper has ever seized upon the legislature of his | Orleans! go on!” After a fal exordium | committed by the respondent, and therefore need to | would move to adjourn, country until he has familiarized the people with the | tie President expresses his high opinion: that | be examined in the light of lls precedent and con- possibility of #0 doing by vituperating and decrying | massacre, in which his pardoned and unpardoned | comitant acts to grasp thelr scope and design, ‘The | | Mr. STANDERY sata, as far as the counsel were con- it. Demunciatory attacks upon the legisiature have | rebel associates and friends deliberately shot down | last three articles presented show the perversity and | cerned,.they would dispense with the reading, prec ge ye {, slanderous abuse of the individvuls | and murdered unarmed Union men without provoca- | malignity with which he acted, so that the man | | Mr. SHEKMAN—I move that the Senate, sitting as a composing it have gree accompanied a seizure | tion, even Horton, the minister of the living God, as | as he is known to us may be clearly | Courtof Impeachment, adjourn until to-morrow at by a despot of the legislative power of the | his hands were raised to thie Prince of Peace, pray- | spread upon record to be seen and known of | the usnal hour, country. Two memorable examples in mod- | ing, in the language of the Great Martyr, “Father, | all men hereafter. What lias been the respondent's | Mr. SuMNnit snggested an adjournment anti! ten ero history will spring to the recollection of | forgive them, lor taey know not what they do”—was | course of administration? For the evidence we rely | O'clock; but the Chief Justice put the question on every man. Before Cromwell drove out by | the result of the laws passed by the legislative de- | upon common fame and current history as suficient | Mr. Sh s motion and deciared it carried, and the bayonet the Parliament of Engiand he and his | partment of your government in the following words, | proof. By the common law, common fame, “st ori. | Vacated the chair, partisans had denounced ft, derided tt, decried it and | that is to say you will take up the riot at New | (ur apud bonos et graves,” wasaround of indict- ‘ defamed it, and thus brougat it into ridicule and | Orieans and trace It back to its source, or to its im- | menteven. More than two hundred and forty years AN UNFORTUNATE DUPE ON HIS TRAVELS. contempt. He vilified It with the same name which, | diate cause, you will find ont who was | ago it was deter in Pariiament that common mE it is a significant fact, the partisans of Johnson by a | responsibie for the blood that was shed | fame is a good ground for the proceeding of Me Walks Three Hundred Miles. concerted cry applied to the Congress of the United | there. If ion take up the riot at New Orleans | this Hous, either to inquil i x the holidays Ferdinand Kuntsler, an un- States when he commenced h's memorable pilgrim. | and take it back to the radical Congress.” ‘This, as | or to transmit to the — conipia filstteiited: Geman, livine, te: Meshes ‘ ‘age and crusade against It. It is @ still more signifi- | we might expect, was received by the mob, com- | House find canse, to the king or fords, | soplusticated Geran, iiving In } luskegan, not far cant fact that the justilication made by Cromwell | posed doubtless in large part of unrepentant rebels, | Now, is it not weli known to all good and graye | from Grand Rapids, Mich., who had invested §7 tn and by Johnson for setting aside the a@ with great cheering and cries of “bully.” it was | men (“bonos et grares”) that Andrew Johnson en- | ticxeta of the “Bankers aud Mere ts? Grand thority of Parliament and Corgress respec “bully * for them to learn on the authority of the | tered the office of Presidentoft the United States at Presentat Enterprise,” f Chi Webster ively was aay the gsame—to wit, that | President of the United States that they might shoot | the close of an armed rebeliion, making loud denun- resentation enterprise, ol lurk, Webster they were elected by part of the people on! down Union men and patriots, and lay the sin of the | ciation, frequently and everywhere, that traitors | & Co, late of 62 Broadway, received in- When Cromwell, by his soldiers, finally entered the der upon the Congress of the United States; and | ought to be punished, and treason should be formation by letter that he bad drawn a hail of Parliament to disperse its nembers, he wt- | thus was another bit of opnions which the cou 1 } odious; that th $200 prize. Quite elated wiih bis suecess, Mr. tempted to cover the enormity of his usurpation by | say it was the high duty of the President to express | should be foste Kuntsier, who bud some other business in New York, denouncing this man personally a a libertine, that | upon the justice, the worthiness, objects, “purposes | but few of them resoived tipon coling on at once t ire his prize, ag a drunkard, another as the betrayer of the liberties | and public and political motives, and tendencies of the | charge the reconstruct and, placing lite Ucketsand ive Clark & Webster of the people. Johnson started out on precisely the | legislation of your Congress.” After sone further de- | Do not all men kno same course; but forgetting the paraile! too early, ue | bate with the mob some one, it seems,had called “Trait- | changed his course, an proclaims this patriot an assassin, that statesman | or.’ The President of the United States on this ft- | 80 far aa he was concerned, un traitor, threatens to hang that ian, whom | ting, constitutional occasion immediately took this | office, and by inliscrininate pardon to ail who the people delight to honor, and breathes out | as personal and replics to it:—" Now, my country- | “came in unto hi Who does not know that “threatening and slaughter” against this man whose | men, it Is very easy to indulge in epithets; it is very | Andrew Johnson initiated, of his own will, a cou ceeded to Washington, D. C.,a8 he had been in- services in the cause of human freedom has mar easy to call a inan a Judas and cry out ‘traitor,’ but | of reconstruction of the rebel States, which at t formed by Clark, Webster & Co. that the drawing his name @ household word wherever language | when he is called upon to give arguments and ‘facts | time he claimed was provisional only, and unttl the | of their “Grand Presentation Enterprise” would take is spoken. There is, however, an appreciable dliter- | he is very often found Wanting.” What were the | muceting of Congress dud tis action ther ne place at the national capitaion a cer ain day, On ence between Cromwell and Johnson, and | facts that were found wanting” which, in gue mind | Who dves not know that when Congress mot and un- reaching Washington the unsophiet cated 4 ch there is a iike difference in the results accomplisied | of the President, prevented hii from bet dudas | dertook to legislate upon the very subject of rec gander made inquiries about Clark, Webster & Co. by each. When Bonaparte extinguished the Legisia- | Iacarioty He shali etate the “wanting in his | struction, of which ke lad advised them in Mts mes | hu eould only learn that ti fr ture of France lie waited until, through his press and | own language on the occasion when he is exercising | Sage, Which they alone had ihe constitudonal power | of ity reputed members had frequentiy Leen arrested Tis partisans and by ais own, denunciations, i his high constitutional prerogative.” to do, Andrew Johnsen last aforesaid again changed | on charges of fraud, aud that there was to be no brought its authority into disgrace and conteimp ‘Indas Tecariot! Judas! There was a Judas once—one of | his course, and deciarcd that Congress had no power | qrawing of the kind'in Washington. Mr, Kuntaler, and when finally be drove the council of tie | the twelve apostles, Ob, yes! the twel-e aposies had a | tO legislate upon that subject; but that the two | aera orief delay, came to New York, artiving he nation from their chamber, like Cromwell, he justi- | Christ. (4 Voi atlnughter.) The | houses had only the power separaiely to judge | shout a and ¢: Cranch, 137), Chief Justice Marshall dismissed the | at the time he did? Time, here, is an isnportant ele- case for Want of jurisdiction, but took opportunity | ment of the act. Congress had passed an act in te deliver a chiding opinion against the adininistra- | March, 1867, restraining the President from issuing tion of Jederson before le did so. in the Dred Scott | military orders save through the General of the so familiar to the public, the court | Army. ‘The President had protested against that act. Geotled” tt had. no. jurisdiction,’ ut gave | On the 12th of August he had. attempted to fet Dos. the government and people a lecture upon | session+of the War OMlce by the removal of the ‘heir political duties. In the case of Fisher | incumbent, but couid only do so by appointing the vs. Blight (2 Cranch, 378), the constitutionality of | Geueral of the Army thereto. Failing in his attempt @ law was very much discussed, but was held valid | to get full possession of the ofice through the the decision of the court. In United States vs, | Senate, he had determined, as he adults, bs (12 Peterg, 72), although the power tode- | to remove Swanton at all haz and en- elare a law of Conjress in conflict with the constitu- | deawored to prevail on the General to aid him in so tien was claimed in the opinion of the court | doing. He deciines, for that the respondent quar- sequent, yet the law itself wag sustained. Thecase | rela with him, denounces him in the newspapers of Poliard va. Hagan (3 Howard, 212), and the two | and accuses him of bad faith and untruthfuiness. cases of Goodtitt le vs. Kibbe (9 Howard, 271), Hallet | Taereupon, asserting lis pret ave as Commander- 4 va. Beebe (13 Howard, 25), growing out of the | in-Chiel, ne creates a new military department of game controversy, have been thought to impugn the | the Atlantic. He attempts to bribe Lieutenant Gene- Validity of two privaie acts of Congress; but | ral Sherman to take command of it, by promotion to @ careful examination wii! show that it | the rank of general by brevet, trusting that his mill- ‘Was the operation and not the validity of the acts | tary services would compel the Senate to confirm which came im question and made tue basis of the | him, If the respondent can get a general by brevet decision, Thus it will be seen that the Supreme | appointed he can then by simple order put him on Court, in three instances only, have apparently by | duty according to his brevet rank, and thus have a fits decisions ugned the vality of an actofCon- | general of the army in command at Wash- because of contiict with the constitution, aud 4 ington, through whom he can thus transmit his each case the question of the rights aad prero- | ordcrs and comply with the act which he ves of the court, or of its ofMjcera, has been in | did not dare tranayress, as he had approved it, and troversy. The cases where the cousi{tuttonality | get rid of the hated General Graiit, Sherman . fan act of Congress bas been doubted in the e/iter | spurned the bribe. ‘The thy pce le not discour- @icia of the court, but were not the basis of decision, | aged, appointed Major General George H. Thomas to ‘@re open to otuer criticisms. In Marbury vs. Madi- | the same brevet rank, but Thomas declined. What gon, Chief Justice Marsiail had just been serving as | stimulated the order of the President just at that Secretary of State In an opposing admiuistration to | time, almost three years after the war closed, but tue one Whove acts he was trying to overtarn as | just alter the Senute reinstated Stanton, to reward dustice, In the Dred Scott case Chief Justice og service by the appointment of generals by "y—selected by General Jackson to remove tue | brevet? Why did his zea: for promotion take that i because his bitter partisanship would carry | form and no other? There are many other merito- through where Duane halted and was removed— | rious oificers of lower rank desirous of promotion. wered Wwe opinion of the court, whose oller | The purpose Is evident to every hel | mind, He sauned the dume of dissension which led to the | had determined to set aside Grant, with whom he @vi war through which the peopie have just ) had quarrelied, either by force or ud, either in f and against tust opinion the judgment | conformity with or in spite of the act of Congress, we coumry has long been recorded. | and control the military power of the country, On ius parte Garland was aecided, the the 2ist of February (/or ail these events cluster Pas ost emerging from a cunfict of arm nearly about the same point of time) he appoiuts ch only should be given in mof the disorganized States? that soon afterw: y made treasc ppointing t letters he liad recelyed tn his pocket, started of on foot, tis means being somewhat lint He walked to Toledo, a distance of about 490 intles, and being leg-weary and foot-sore he took the cars for Cleveland and Pitishurg. From thence Mr. Kunisier pro- ai firm or some ‘And a’ Moses too.” ( Sous and exciteuent of wuich had fouw Lorenzo Thomas Secretary of War and orders Stan- | fled himself by personal abuse of the individuais | twel-e aposties ad @ Christ and he never coult have bad « | of the qualifications of the members who might | Oiark, W o. formerty he ; pon the bench, ton out of the uitice; Stanton refuses to go; Thomas | themselves as they passed by him. That the aitempt | Ju44 unless he had had the twelve apostles | I T hava | be gent to each by rebellious constituencies, | iy ‘cioeed up and. nothing le | att bave playes or State organizatio - a of Andrew Johnson to overthrow Congress has fated | hlayrd the Indas Ce eerie tae i Wanker | acting under State organizations which Andrew | proprietors of the presentation enterprise hac is becuse of the Want of ability and power, not of | Piuilipe? Waslt Chartes Sumner? Johnson had catied into existence by his late fat, 1 | Gone, Mr. Kuntsier then wended iia way to. the malignity and will, We are too apt to overlook the . ® electors of which were young by his permission and | \ravorts office and made known his gri evaneces, but danger which may come from words. We are in- | gy Hf it Were not that the blasphemy shecks us, We | under his limitations? Who does not know that peura haamine, - : * shonid gather from all this that itdwei in the mind omerens. § one t | was unable to obtain any redress, duced to say that this is only talk, wait till some act | fe tive President of the United States that the oniy | When Congress, assuming lis rigntul power to peor | tors wax next visited With equa fg from other serv the bar, brongit with Urem opiniogs, is about the streets deciaring that be will pat bim out by force—“kick him out--he bag caught his Jam treading upon dangerous ground, me has | master’s word, On the evening of the 2ist a resolu- Ret yet jaid its softening and correcting hand long | tion jooking to impeachment is offered in the House. enough upon tins decwion to allow me further W | The President, on the morning of the 22d, “as early 7 $ ; ; ondine the constitution, had passed comment upon it in this presence, as practicable,” is seized with a sudden desire to | is done, and then it with be time to move th. “ dudes = he pose amendments to — seu | thence Mr. tsler called at the Tombs Mr. President aud Senators, can it be sald that | know how many troops there were in Washington. | But words may be, and somettines are, things— | TAsom Why he was not a judas was that He had nol | sooh an amendiuent, aud had’ subinitied | weex for ret Yesterday he. ca n to play the | iy to the States as a measure of paclti- Vappear that tis “opinion,” given | cation, Andrew Jolson advised and eoun- of fis constitutional obliyation, was e e H res of the States lately received. with eicers and hisses Whecher the | Sejled, the Legistaturrs / Ament, cheers were that certain patriotic persons named Cit might not ope it ’ in’ co nd ai his case to Justice — De saying he lad come nine hun ‘red miles to procure his prize and met. with obstacles and disappointments at ev p, at the same time pulling from the skirt of his a& large pavkoge of tekets aud letters which he had brought rom home with care, Alter hearing his story the Toagistrate, disposed to aid the unforiunate dupe to the extent of his power, sent a summnons for M Elias, one of the reputed members of Clark, Web ster & Co,, but Roundsman Croker, on reaching 62 ay could find neither Eitas nor any one con- nm with the Grand Presentation Futerprise. could be found. Kuntsler expended about $100 in searching for a prize under difteuities, and weil 1 living, burning things that set a world on tir A As a most notable instance of the power of warts, | INAS It Ww look at the inception of the rebellion through whieh | i! vUrsnan we have just passed. For a quarter of a ceutury the math took no notice of the talk of dikuy and ser jon which was beard in Congress and op the “stump,” until in the South a generation was tangnt | } ) | } ‘the possibie doabis thrown on three or four acts of | What for Just then? Was that all he wanted to Congress, as to their constitutionaltty, durmg a& | know? If so, his Adjatant General could have given r a Xperience of seventy-five yeare—hardiy one | him the oficial morning report, which would have & yeneracion—is 4 sulicient warrant to tue Presi- | shown him the condition and station of every man. dent of the United States to set aside and Violate buy | But that Was not au. He directs the commander of the act of Congress whatever, upon the piea thal department to come as early a8 practicable. Why Heved the Supreme Court would hold it une ‘this haste to learn the number of troops Observe tional wien # case involving the quesiou s! the order does not go through General Grant, as by eome before it, and especially one much discussed on | law it onght to have done, General Emory, not on ite passage, to whieh the whole mind of the knowing what is wauted, of course obeyed the order try was turned during tie progress of tie discassion, | as soon as possible, The President asked hiv if he which he had argued with all his powe: remembered the conversation which he bad Bis Constitutional ubjections, and which, after with lim when he first took command of the de- ful reconsideration, had Leven passed over his veto? | partment as to the strength of the garrison of Tudeed, will you hear an argument as a Senate ofthe | Washington aud the general di ition of troops in hy him might be hanved, or the hissing was | use Of te Inability of the President 0, play yt of Judas for the reason betore stated, | fy (ne mamber of the re Tam sorry. to say the evidence wil not | Mm the number of the ra inform os. iis answer makes the President say, that i is bis “duty public eh objects, notives and tent inthe public service.’ inotives, (+ mete them by word, and the word su into terrible, awful war, oes any one doubt th if Jackson had hanged Cathoun in tsiz for talkli nuliification and secession, which was embryo treason, the cannon of South © Fort suinter would ever have with all their fearful and deadly Nay, more; if the Cnited States 0: should doubt the truth of hile’ the iting upon by it had ent, the fact being winson and Lest any one correctness of this piece of history poet here options conceralpy the Uus common fame, We shall show ere and the conduct, views, parposes, | Legisiature of Alabaina was sof all menengazed | the reconsideration of the v« Pee ag “the charict rejected the constitutional amen: %) purposes, objects snd vi brought to the knowledge of At agai heal Joue nad opinions expressed”? about them | pig advice asked, he, by atelegrapit sage, unde United Staies, a majority of whom voted for that | the department. Emory replied that “he did dia- | and er diss fit occasion (although he seemed to | i!8 a Ws i iL .. | Probably return to Michigan @ sadder, Wiser and de very bili, upon its constitationality in_ the trial of an | tinctly.”” That was lasi September, Then, ater ex- | qualified jd net FECES=|ON a “a 4 : a | his own hand, to be produced, to show his in- | Gidediy poorer man. Later in the day Mr. Elias Merced os on the “stump,” a8 was done in Isi2 by Congress, fo have some others whose naires | tent and purposes, advised the Legislature against app aed in Court and gave Mr. Krntster $15. this executive viticer for wiifully vioiating tt before it had jaining to him fully as to ali the changes, the Presi- been decided by any court. Bearmyg upon this ques- Bent asked for recent changes of troops, Emory tion, however, it may be said that the President re- | denied they could have been made without the order moved Mr. Stanton jor the very purpose of testing | going through him; and then, with soldieriy frank- the consiitutionality of this law before the courts, | ness (as he evidently suspected what the President and the question is asked will you condemn him as | was after), said by law no order could come to him for a crime for so doing? If this piea were a wrne | save through the General of the Army, and that bad one it ought not to avail; but itis a sabierfuge, We | been approved by the President and promulgated in shail show you that he has taken no step to submit | @ General Order No, 17. The President wished to see it. the question to any court, although more thaw | It was produced. General Emory saya, “Mr. Prest- @ year has elapsed since the passaye of the act. | dent, | will take It as a great favor if you Will pertit On the contrary, the President has reeoguized its va | me to call your attention to this order or act.” Why Hdity and acted upon it in every department of the | a favor to Emory? Because he feared that he was to government save in the War Department, and there | be called upon by the President to do something in except in regard to the head thereof solely. We shall | contravention of the law. The President read it and show you he long ago caused all the forms of com- | said, “This is not in accordance with the constitu- missions and official bonds of ali the civil officers of tie | ton of the United States, which makes me Com- government to ve ultered to conform to ita require- | mander-in-Chief of the army and navy, or with the ian ments. Indeed, the fact will not be denied. Nay, in | guage of your commission.” Emory then said, ‘That ver case of Mr. Stanton he suspende is not a matter for the officers to determine, There him under its provisions; and asked the Senate | was the order sentto us approved by him, and we vefore whom he is now being tried for its violation, | were all governed by that order.” He said, “Am I .”) ‘upon the sufliciency of his feasons for actiug | to understand, then, that the Pres.dent of the United Sher ie in so doing, according to its terms. Yet tates cannot give an order but through General ‘Temlered reckless and mad by the patience of Con ‘ant?’ General Emory then made the ident & \ under his usurpation of other powers and his | short apcech, telling him that the officers of the army 1 rd of other iaws, he boldly avowsin hislet- | had been consulting lawyers on the subject—Reverdy ‘ter to the General of the army that ue intends to | Johnson and Robert J Walker, and were advised rd its pvisions, and @ummons the cou- | they were bound to obey that order, Said he, “I manier of ti troops of this department to | think it right to tel) you the army are a nnit on seduce him from his duty, so as to be | this subject.” After a short panse, “seeing there able to command, in vioiation of another | was nothing more to say,” Genera. Emory left. eet of Congress, suficiens military power | What made ail the officers onsuil .iwyers about ‘4 te enforce his unwarranted decrees, The President | obeying a law of the United States? What infuenve es of Judas Ircoriot, to say nothing of hit wae the constitational duty and right of the United States to dy fa to 7 Pa m their opposition to Congress, We shall show = ie ta ke adtiee of Andre lotmmson upon $e een eee ec cminenmenseniuniisiite me subject to the Legisiature of Sow Caro- Eis eee Cena eae fp Rares 2 Sam and this, ‘too, tn ite, winter of 1867, WAVAL INTELLIGENCE, apo aeehaee Nt not par. bongres: pposin sti: . his revolting exhihivion any further. I wit! | fatfouat anendinents had’ bean Rustaied Inthe | AM Gsticeessful attempt was made om the ret ouly show: you at Cleyeand “the crowd and | previous election by an overwheiming majority, | inst., at St, Croix, to launch the United States cor | adeno pein algiien, benign Stat sta wink | LHUs We charge that Andrew aes. President of vette Monongahela, carried ashore during the great wa " x: y ales, NOt O \deay nage each otlier, crytig, “Mind yon dignit eT ee ene onnetas card Urea ene | earthquakes in the West Indles, Some obstucies (hat naught, but also to hinder and oppose the execution | then prevented the launching of the vessel will be of the will of the loyal le of the | soon removed, and another and it is hoped a more United States, expressed in the only mode | successfui effort will be made to get her in her proper by which tt can be done, throtigh the | element agam. h Mneanssby which le attained his ballot box in the ejection of their representative. | The bark Purveyor, Acting Master Rudd, was atil! 1 led tn any man, pobiic or p ' | Who does not know that from the hour he began | at St. Croix, waiting the launch of the Monongahela, entir ti Mistaken in omimonest proprieties of | these, nis usurpations of power, he everywhere de- | after which she will return to the United States with life, The President shail tett his own story:— nounced Congress, the legality and constitutionality | the ship carpenters and mechanics Whom she car There was, two yours ago, a tleket before yon forthe Pres | of its action, and defied tts legitimate powers, and, | ried out from the Boston yard. deney. Twas placed upon that ticket, wi Inguishod | for that perpoms annonneed his intentions and car- The gunboat Penobscot was at Aspinwall on the me aa bm 5 Bh na T's a pit ried Out his parpose, as far as he wae abie, of ce- | 9th, All weil on board, fortunate,” “Vea, unfortunate. for some. that © vw | moving evers true man from office who sae. | ‘The storeship Idaho, Lieutenant Edward Hooker, high and tn justice. Cheers.) Yea, unfortunate; the | tained the Congress of the United States? { safted from Cape Town for Japan, January 27, ways of idence are mysterions and incomprehensible, | And ft is ty carry ont this plon of action | While there she was visited by a large number of agesyb crs fx del ahem ape woh ea ba that he ciaims the unlimited power of removal, people and her officers received inany friendly atten. Article eleven charges that the President, having | for the illegal exercise of which le dis before you | tions from the ettizens of Capo Town. Her passage dented in a public speech on the 18th of August, 1866, | this day. Who doesnot know that in pursuance of tle | from Rio Janeiro to Cape Town was made tn sixteen at Lf) that the Thirty-ninth Cong: was | same plan he used his veto power indiser tely to | days, She logged seventeen Knots at one time with thorized to exercise legisiative power, and denying | prevent the passayeof wholesome laws enacted for | the wind free—au extraordinary run for & sailing chee = fihen tee of mid rn ress hid valid or Dante bythee Ch A Le beg the] Pa vessel. ol atory upon Nim, or tha’ ry power to propose by the constitutional majorityover il etoes ii " v certain sidenamente to the CopstituLiOn, did atterapt | made the most determined opposition, oth open and STRENGTH oF THR BRITISH by hang ae to prevent the execution of the act entitled | covert, to them, and, for the purpose of making that | navy for 1866. sccondiang 50 the ota. the “An act regulating the tennre of certain civil PF pie effectual, yhe endeavored to array, and | fore Parliament, 18 to cost $58,900, e.g omfices” by unlawfally attempting to devise | did array, all tl jately in rebellion to set | conslats of 624 ships, Including thirty iron: oa hy which to prevent Mr. Stanton from resum. | themselves agai Congress and Against the trae | 65,000 men are ewployed to man these vessels. Ye meal ing the functions of the office of Secretary of the | and loyal men, their bors, 80 that murders, as- | with all this cnorme force and great expense the Btanton, if ejected from pce Pres that come, tr westio freedom of speech, but | Department of War, notwithstanding the refusal of | sassinationa and massacres were rife ali over the British navy ts unsatisfactory to that nati The rom at series: ot seenoes. kas Saxious, to py ‘tne entent that he conn not or propriny abe eon of ch amd “oshaect th a the senate to conent in his uspension, and ¢ he | Southern States, while he encouraged by his refusal | London papers say the Admiraity itself ts _ Png the law to be that an ejected. of | oppose the law? lng A opercepep yes he we officer of the government. Andrew Johnson, the eannot reinstate himself either by ave | ful ‘Warrant, mandamus or ether appropriate semedy then our sons and brothers, now dead in buiile oF | starved in privon, bad been alive and hippy, ar eaceful solution of the question of synvory bi found. Does any one doubt that if the intentions of | being double the amoult which he anes | at patd for the the respondent could have been carried out, anc denunciations had weakened the Gongress in { affections of the people, #0 that those who ii in the North sympathized with the reve conld have elected such a minority even of the Rep. sentatives to Congress a8, together with those seit up from the goveruments organized by Johnson ja the rebellions States, they should have forraed a mia- ority of both or ether house of Congress, that the resident would have recognized such a body as tle ligitimate Congress, and attempted to carry ou | 18 | decrees by the ald of the army and navy and the “pont geo mad, Andy?" Bully for 5 I hardly dare shock, as | mst, every x priety by © Fr attention to th aliusion to ( the sainted marty treasury of the United States, over which he now claims such unheard of and iilimitable pov ers, and thus lighted the torch of civil war’ In earnestness, Senators, I call each on does not believe by such preponderance of evidence drawn from the acts of the respondent since he has been in office, that if the ple had not been, as bow ever haye been, true and loyal to their Congress themacives, such would not have been the result of these usurpations of power in the Executive? Is deed, be seriously argued here that there is a constitutional right in the Presi- dent of the United States, who, during his oMictal life can nev aside his oficial character, to denounce, maiign, cule and contemn, openiy and publicly, the of the United States—a co-ordinate branch, of the past TU Tt cannot fai! to be observed that the dent (shall | dare to say his counsel? or are they compelled by the ext- encies of their defence?) has deceived himself as to je gravamen of the Fes to this article, It doos e knew, or ought to have known—his official adviser, | had been at work with them? The course of the Who how appears ag his counsel, could and did teil | President. In his message to Congress in December doubiless, that he alone, as Attorney General, | he had declared that the tine might come when ie eouid file an information in thé nature ofa quo war: | would resist a law of Congress by force. How could Fanto to deterinine this question of the validity of & | General Emory tel that in the Jodgment of the BRS A aa eel ee eS a A ak i saree Slant Re alk es cans he Sis» Satara iat Sea Rs eee Re he A BA Be a Sab oD “tapi eS elt SRR ES REALE I BE TO A a a a is TS AR RES EF GEOR ie SEE SITE Sa Pcl SI ea a Se a i ee ee compelled also hemes ed 9 tO event the warts on a@aingle in! be puntaved, though | to admit that the ships of the British navy are asserts that he ily come to the conclusion tc vate citizen, as 1 may reverently hope and trust | act of Mare! aise wnte provides that all military thousands of nosd men have been slain; and, fur- | way inferior to those of France ‘Unived remove Mr. Stenton at events, notwithgtanding | Re £000 Will be. has the full cunstitutional rizht to | orders shall be issued throngh the Genera) of the | ther, that he attempted by military orders to prevent | States. a Ee ne a