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

— IMPEACHME Trial of President Andrew Jolnsen fer High Crimes and Misdemeanors. Conclusion of Mr. Nelson’s Ar- gument for the Defence. + Groesbeck to Speak in the Presidents Behalf 'To-Day. hh SPECIAL TELEGRAM TO THE HERALD, WASHINGTON, A’pril 24, 1865, ‘whe attendance at the impeachment trial this ‘morning was very slim. Mr. Nelson occupied the entire day in his speech before the High Court, Although Iris effort displayed a want of sufficient Preparation, yet portions were reccived with evident approbation, Towards the end Mr. Nelson contined lumself more closely to kis subject, and grew partic- ularly impressive in his peroration, ‘Tomorrow Mr. Groesbeck will continue the argu- ‘ment forthe defence. This gentleman this evening completed his preparation for the occasion, As the last act in the grand impeachment trial @raws near the interest felt in the isene is greatly in- tensitied. Everything that appears likely to exer- cise the slig infuence on the minds of Senators ‘towerds either conviction or acquittal is diligently Passed around and used unsparingly by the gossips to enforce their views as to what will be the result, Although nearly all whit, when asked the question, that they believe faiihyuliy in the integrity and up- xightness of the Senate as a body, they may be heard within the sume hour using arguments to prove that this, that and the other purely polité cal issue will certainly control the decision of designated Senators. One of these controlling inthe ences is said to be the aspirations of a number of Senators to the Vice Presidency for the ensu- ing term. It is held by some that those Senators who are casting covetous eyes towards the Vice Presidency cannot consistently with their own inter- ests ip that respect yote to place Ben, Wade in the White House for the remainder of the present term, ag that would be tantamount to a surrender on their part of all hope for themselves, It seems to be gen- erally conceded that tf Wade gets possession of the Executive patronage for the ten months inter- vening between this time and the next inan- guration, the least he will aim to accomplish will be his nomination for the Vice Presidency. ‘The installation of Ben Wade in the Presidential chair will, therefore, be the virtual settlement of the question regarding the Vice Presidency. Not- withstanding tiis, it is not to be supposed that any Senator will permit such a consideration to bias his vote on the merits of the impeachment case, ‘Another argument used by conservatives in weigh- ing the probabilities of the Senatorial verdict on Ampeachment is that a considerable number of Sena- torp are deeply incensed at the late conduct of the House ln postponing action on the Russian treaty Jor the purchase of Alaska until the Ist of May, It appears that the Senate regard the pas- sage of that bill within the period designated for the payment of the money as a matter involving, to a great degree, our national honor, and those who are most interested in securing ita success feel highly indignant at the dilatory movements of the Mouse in staving off all action upon it till the im- peachment trial is over. ‘Thus it Is claimed that a number of Senators entertain no good will towards the House, and, consequently, but little more towards their pet scheme of impeachment. As with the preceding story of the aspirations of Senators to the Vice Presidency, a strict and impar- tial judgment upon the honorable character of the Senate forbids the belief that the animosities engen- dered by inharmonious action between ‘the two houses of Congress in other matters cap possibly exert the smallest influence over the minds of Sena- tors tn casting their final vote on impeachment. Searcely a day passes but something transpires to show the desperate eforts made by the impeach- ment leaders when they were framing the articles against the President to glean the field thoroughly for every act or word of his that could be twisted ‘into a misdemeanor. A few days before the articles ‘were reported to the House the committee having ‘charge of their preparation repeatedly urged the Public Printer to hasten the printing of the list of ‘pardons granted by President Johnson to coanter- Feiters, forgers and perjurers, in the confident be- Hef that it would be found that the President had abused the pardoning power. It was fully intended ‘at that time, it is asserted, to frame an article charg- ‘me the President with an injudicious and illegal exercise of Executive clemency; but when the re- (ports from the Attorney General's office came to hand the jfoposition was speedily abandoned, as ‘mothing appeared therein on which the fimsiest ‘Kind of a charge could be grounded, PROCEEDINGS OF THE COURT, Twenty-secoud Day. UNITED STATES SENATE rece ad WASHINGTON, April 24, 1968, At the opening of the court this morning the Chief Justi ated that the first business in order was | the consideration of the following order offered yes- | terday by Senator Grimes:— Ordered, That hereafter the hour for the meeting of the Senate, sitting for the trial of the impeachment of Audrew Joinson, President of the Uuited States, | shail be tweive o'clock meridian of each day, except | Sunday. i vr Was adopted by the following vote:— mnators Anthony, Davis, Doolittle, Ferry, Fessenden, Fowler, Grimes, Hendrick, Johnson, MeCreery, Morgan, Morrill of Vt., Norton, Patterson Ramsey, Sauisbury, Truinbull, Van Winkle, \Wiekers, Willey and Yates—21. Na ators Conkling, Conness, Cragin, Bi- mands, b wn, Howe, Pomeroy, Sprague, Stewart, Sumner, Thayer, Tipton and Wilton—ts, Senator EoMUNDS then offered an order to admit | dhe oficial reporters to report the speeches on the | final deliberation of the Senate, which was objected to by Senator Sumner ond went or wnder ihe rule Mr. NELSON resumed und concluded his argument dn sapport of the proposition that no offences are frepeachatte except Uiose which were deemed crimes and misdemeanors by the common law at the time the constitntion wes passed. Referring to the por- tion of Mr. Boutwell’s speech whieh Ulustrates the President's alleged perverse nature — by Wis treatment of a gentleman who was to have heen one of his counsel, Mr. Nelson’ maie a siatement that Judge Black withdrew from the case simply because the President refused to wend vessels to seize Alta Vela, a refusal made on te ground of public duty against solicitations of friends and iroplied threats of enemie’, Referring to | the application to seize the island the counsel sai J wish to call your attention particulariy to the fact | that ali these transactions took place before these | impeachment proceedings were commenced, and that the charges have been made since, Another fact $M favor of the President is that, while Ido not make nod will not make any Jraplications against the bon- erable Managers, these recommendations to which 1 have rved were signed by four of the honorabie entlemen whom the House of Representatives have hirusted with the «duty of managing the im- peachment against him. Let me suggest af wingle idea vith regurd to fmpeachment., If | thi President went to wat with a weak and feeble Power and gained the island, it would see at he did so in fear of the Manag aud io feat of losiig the hugh and valuable services of dudge Bi Ti he refused to do what they oailed th was danger that he would ex- ek, und it was under this delicate that this question was presented to ident. He w between Seylla and Charyb- dis in forming his ermination in regard to the t No matter Which way he might determine leurity might be assailed, but the honorable Managers must know the President less familiarly than | do if they suppose that he couid he driven or forced by any consideration to do what he thought wrong. He is a tan of a peculiar disposition. By careful management he may perhaps be led, bot itis a delicate and dim- cult natier to do that,’ With his peculiar disposition ne wan under heaven can compe him to go one theh ond What he believes to be right, and although new that by rejecting this claim up enemies, aud aithongh he was well a powerful juhucnee might be broaghs to bes wre that a Y ageinst ae im on his t 4 Pa N 8) the land, brn) ‘one e | his Dla prepared to say that, Black had abandoned him | poses as judicial a ving, aad an attempt to commit that NEW ‘that ft might be trumped over end to the other, that Sunes although the. President new: that ; iit, ame a E'tloud would be raised against him, he was i ‘elond were thunders wor! bee he Figen g ey ae He plaved himself upon the principles of the eons stitution, faithful to the its of the people who had exalted him to that high position, unmindtal of self and regardiess of consequence: and he was determined not to be driven to an which he believed to be wrong; determined not to use the whole power of the United States against a Little, feeble Power that had no capacity to resist, He Was determined not to be used as an instrument in the hands of anybody or any set of men under heaven to carry on a spectiation which he believed migut be carried on with dishonor to the govern- ment or disgrace to himself if te consented to be concerutd in i, 1 aah 76 then, to weigh his con- duet, to allow an impart anenient and look this statement of facta ia the face and pronounce upon it a8 you have to pronounce upon this impeachment, When you come to look over the whole of the Presi- dent's conduct 1 think you will find that’ like the grave charges presented by the konorable lanagers yesterday, they will vanish away, and “like the baseless fabric of a vision, ‘leave not a wreck behind.” 1 trust that the conclusion of this trial will be such, Although the President is now passing through the fiery furaace, and althougn he is now for very act being called to give an ac- ‘count, he fears not the investigation, he challenges ‘the utmost scrutiny that can be made into his con- duct, while, as I have said, he hurls no deflunce at the Senate and does not desire his counsel to say a word that shall be offensive to this body. Yet he defies his enemies, as he always has done, and appeals to his own motives of purity’ and honesty to vindicate him in this case’ as in every other. lustead of being a matter for ac- cusalion against ihe President of the United states, in the view that J entertain of it, and in the view which I think ever Bit, minded tan will en- tertain, hia conduct will elevate him a head and shoulders taller in the estimation of every high minded man, and it will be regarded as one of the Most Worthy acts of his life, that he could not be coaxed nor driven into a wrong act, This Alta Vela affair is referred to a8 though the President had done something wrong. What wrong did he dot How did any failure result from Judge Biack’s refasal to act as counsely Did the President discard Judge black and tell him he did not want him to appear more in his case? No, sir; itwas upon his own voluntary motion that he withdrew from the case, If the President has done him an injury he knows it, but his counsel know it not, and I leave it for the judgment of the world to determine how much of justice there is in the asccusations,’which are so strongly made against him. Senators, allow me to cail your attention to another paragraph in the ‘speech of the honorable Manager who last addressed you (Mr. Boutwell). itis not my purpose or in- tention to endeavor to answer at length that able ‘and carefully prepared argument which the honor- abie Manager has made. I must leave the notice of that to those who are to follow me on the side of the President; but there is another paragraph which reads in these words :—‘ Hav! indul his Cabinet in such freedom of opinion when he consulted them in reference to the constitution- ality of the bill, and having covered himself and them with public odium by its announce- ment, now vaunts their opinions, extorted a power and given in subserviency, that the law itself may be violated with impunity.” This, says the President, is the exercise of my constitutional right to the opinion of my Cabinet. I, says the President, am respon- sible for my Cabinet. Yes, the President is respon- sible for the opinions and conduct of men who give such advice as is demanded, and give it in fear and trembling lest they be at once deprived of their laces. This is the President's idea of a Cabinet, but jt is an idea not in harmony with the theory of the constitution, In another place the gentleman speaks of the members of the Cabinet as being seris—it was the advice of serfs to their lord, of servants to their master, of slaves to their owner, Mr. Nelson re- winded the Managers that they had put in evidence # message which showed that their friend Stauton had proffered the advice thus characterized, and that he now might cry out “Save me from m, friends!’ if they made him out the servile seri. Alluding briefly to the high commendation of the President, written by Mr. Stanton in 1865, and to the strangeness of the fact that the President ig only now imy hed for oifences against the defunct ‘Thirty-nintth Congress. He then continued:—Is it not passing strange that another Congress should take up offences against that Congress and make them matier af grave accusation against the President The charges fee against him by the House of RKepresenta- ives is that he has been gutlty of an intent to sub- vert the government of the United States, &c., é&c. J gcriptee- 4 the first article of impeachment.) The fact , it memory serves me right and 1 have not been misinformed, the fact is the House of Represen- tatives, when they considered these articles referred to— {The Chief Justice was here compelied to call the Senate to order, as it was impossible to hear the speaker on account of conversation in the hail and gaileries.] Mr. NELSON, resuming—The House of Representa- tives refused to entertain these articles of impeach- ment against the President by a solemn vote, and if there were any law in this tribunsl—as the gentlemen say there 1s not uniess it be that law of Parliament which they rely upon and which amounts in fact to no law at alli—if there were any law here, or any application by a of the principles of the law, 1 wonld avail myseif of,the doctrine of estoppe which was so learnedly expounded by one of the learped Managers, and | would insist that tne House of Representatives, with all due deference and re- spect, after having voted down this charge that the President had siandercd and maligned tue Congress of the United States were estopped srom making any accusation of that kind against the President of the United States now, But 1 hoy 1 may say without offence that still the Senate of the inited States, sitting here as a judicil tribuna!, can look to the circumstances ander Whicit these charges were preferred without any disrespect whatever to the House of Representatives, en you go to the circumstances under which these charges of impeachment were preferred you have at least evidence that they were done without any grcat amount of deliberation in the House, and possibly under the influence of that excitement which great assemblies as well as private individuals are liable to experience, and which this assembly of grave and reverend signors who are empanelied here under the constitution may look upon, and must regard in con- sidering the hearing of the facts in the case, when articles of Impeachment were presented against Warren Hastings in England. They were the subject of long and anxious debate in the Variiament before they were presented and Senators maintain that it is your province and your duty to look to this fact and not to give the sume importance to accusations made under these cireumst 8 That you would to those wade under more ¢ i deliberations, especially when the House of Representatives had a suort ume before ac- guitted the President froma large number of the j; charges presented against him in the ingenious report presented by the committee. Under these cir- cumsiances it will be no disparagement to the House, no disparagement to yourselves, 10 look at che fact that these charges were hastily drawn up, and if, upon a sober view of the facts, yeu shouia believe that these charges come to you in at least a question- able shape, so far as the circumstances under which they were udopted were concerned, it will be fection upon the House, should you so decide, than it would were a private individual only con- cerned, As the House of Representatives is composed of men of flesh and blood like ourselves, 1 trust they will consider it no disparagement to say that they were acting under (he impnjse of feeling, and did that which, upon sober second thoughi, they would not do over again. We ali know huiwan nature weil enough, at least in our Own persons ami character, to know that when we are in passion, in hate or jn excitement we are apt todo things which, upon reflection, we have reason to regret, und these actions while they ore, ina great measure, excusa- ble on account of the haste and passion in which they are committed, yet they are actions which do not command the same power and mfuence ta society that they would do if they were the result of grave and careful deliteration, Now, Senators, J will have to call your attention to these different articles of impeachment, though It is rather a disagreeable thing to tread this mill horse round, and take them up one by one, and make brief comments on them, 48 18 My purpose to do. ‘Though {| Know the subject is becoming stale and dreary, not only to the Senate, but to those who gather around to hear this investigation, yet I can- not, ia wccordance with my sense of duty in this case, take may seat until 1 offer some considerations to tle Senate on each one of The articles of impeack- ment: although ti must become to dome extent a tedious business, yet { do 40 because, Senators, if you. follow the precedents of other cases, you will be required to vote npou each one of these articles separately, and wil have to form your judgments and opinions on each in a sepa- rate way. Now, tn regard to the first article of im- Peachment, It may not be out of place to look to that article as it is presented, and to state very briedy the article itself, [ do not propose to go through all the verbiage of that article, nov to repeat all that is said in the answer, but the principal features of it fare these (the speaker here quoted the articie in sub- stance and the answer of the President thereto, then continued):—Now, one word or one thought, Senators, before entering upon the consideration of this first article, which 1 concetve Is applicable to ali the articles; indeed, much of what we have to say upon the first article applies to all the other articles and involves, to some extent a necessary re- petition, but | shail endeavor, as far ast can, to avoid such repetitio Now, all these articies of im- ehment, or nearly ali of them, cha removal, if yon follow the precedents of trials of impeach- ments which we have already had in the United States, and especially if you follow the decisions in, the British Parhament, there ought to be something subetantial in the articles preferred aguinst a man. Now, what is it that is provided for by the Civil Ten- ure bill? Why, i¢ is the removal of a person, and that ja what is charged in each one of What I may, for want of a better word, call the counts of this indictment. Now, Senators, if you follow the law and the rujes of law that have been adopted in other cases and look to them as being a guide to some extent, aithough not binding and obligatory to all intents aud pur- roceedures, What is the tamiliar rule of the law? There ia not a judge or lawyer in this Senate who does not know that in every law book that has been written for two lundred years adistinction is taken between a crime and an at- ust as, tempt to cortmit acrine. ‘The distinction ix Why, ae. broad and wide as Vennsyivania avenue, cording to statulory regulations almost everywhere and even according to the common law, mind one thin aud an at nd a different thing, mpt vo commit mn Burgin other another and a aiffoxent thing, Now, Ao in oar Destress 0! Senate, as lawyers and judges, if Yaded for by the icarned be ‘the true seine, that the Civil Tenuye Is consti- tational and that the President hay ng power to re- move, except with the advice and consent of the Seuate’ ‘then, Senators, L ask you, how is it that tue Presidest cau be found ity of removing My, Stanton from ofitce, ta¥inup the premises of the honorable gentlenien to be Goytect, when there was no removal at ally tt there was an atterapt | to ‘remove there ig no sort of doubt; | but there was no removal from the ol fice at all, und ou do not bring it | within the Civil ‘Tenare bil unless you have a case | Oi removal, I$ is Bol a case of removal. But if their | construction be trae it is a case of an attempt to | Temove # person (Tom otice, 80 that it is iu) le for the honorable Managers to exeape the diiemuna which the nature of their cases places them in, OD ‘the first count 1 desire to maintain briedy three pro- positions:—Fust, that the Tenure of Office bill is wu- constitutional and void; second, that if the Civil Tenure of Ofice bill is not uncoustitutional, it does not embrace such @ case as the reuoval oi Mr, Stan- ton; and third, if both these propositions are erro- neous, that the President acted with a ijaudable and honest motive, and is, therefore, not guilty of aby crime or misdemeanor, On the first proposition, a5 to the unconstitutiouulity of the Civil Tenure of Ottice Dill, as it has not been done already in behalf of the President, 1 avail myself of the occasion to remind you of certain things which occurred in the debate of 1789, alhough [ know they are sealing, sprays to every Senator | address; yet I regare hese things as material and important to our line of defence, and, at the risk of wearying the patience of the Senate, I must ask the privilege of presenting briefly the views | entertain on that subject. In the House debate which occurred ou the 16th of June, 1788, on the bil for e: lishing an Executive Department of foreign aifuirs, Mr. White moved to strike out the words ‘to be removable from oltice by the President of the United States.” He advocated this because the Senate had the joint power of appointment. His views were sustained by Messrs. Smith, of South Carolina; liun- nm, Sherman, Jackson, Gerry and Livermore, were ‘opposed by Messrs. Benson, Ames and others, as is shown in “Seaton’s Debates,” (vol. 1, iP. 4730 608). Mr. Madison said in that debate it was evidently thé intention of the constitution that the First Magistrate should be responsible for the execu tive Separsments, and that so far therefore as we do not make the ofticers who are to aid him in the duties of that de) ‘nt responsible to hit he is not respon- sible to his country, his argument mainly on the constitulional provision that the executive power be vested in the President, Mr. Sedgwick sald, “If expediency is at all to be considered, gen- tlemen will perceive that this man is as much an in- strumentin the hands of the President as the pen is the instrument of the Secretary in corresponding with foreign courts.” If, then, the Secretary of For- eign Affairs is the mere instrument of the President, one would suppose, on the principle of expediency that this ofMicer should be dependent upon him. { say it would be absurd in the highest degree to continue such a person in ofice con- —~s- ever stood within the Senate States, It wasd'seussed, and i cussed, yet he persevered in his the power and authority of the President of the United States to remove from office and make b 4 pointments, A resolution was introduced it e Senate, I believe, in reference to the removal of Mr, Duane, te the effect that the President of the United States, in his late proceeding, had violated the con- sutution, ‘That resolution passed the Senate, A gentioman, who is now no more, but whose name weil Known in tie political history of the United States—Mr. Benton—took up tite subject. Ihave not referred to the history of the debate with sufficient accuracy to tell you how Jong he continued to agitate the question. My own recollection is that it was for several ere an remember, a8 the Senators will remember, the remarkable expression which Mr, Benton used. “Solitary and alone,” said he, “1 act tis ball in motion.” THe determined that that reso- jution, censuring the action of the President, should be expunged from the records of the Senate. He debated it time and again with tremendous energy and power, witil wt last the resolution was expunged from the records of the Senate of the United States, and that is the latest record we have in favor of the power of removal. So far as that action of the Senate of the United States goes, it is in favor of the power and anthoriiy for which Uhaveargued., There are two other subjects to wnich I desire to brin bey attention in this connection, But let us see first ow far we have progressed in the ment. Ihave sbown you the opinions of Mr. ison and Mr, Sedgwick and others in the debate of 1789. 1 have shown you the opinions of Judges Kent and Story, two of our ablest American commentators, | have shown you the opinion of Attorneys General, eminent in their profession and standing high in the conti. dence of the country. Ihave shown you the action of the American Senate in tie expunging resolution. I thns present to you what I me call, in the lan. gui of Judge Story, an unbroken current of authority in favor of the proposition that not only is the Civil Tenure bill unconstitutional, but that the President has the right to remove from office which he claims in his answer and I maintain, Senator that, whether he was right or wrong, this current 0} authority for eighty years is sutticient to throw pro- tection around him, When I show, as I have done from the opinion of Mr, Speed, that, in the absence of judicial determination, it 1s the sworn and bounden duty of the President of the United States to judge of a constitutional question for himself, I do not present to this Senate any novel doctrine, It is not for me to say whether the doctrine is right or wrong. .My opinions are of no sort of con- sequence in this Senate, If my arguments are well founded and well supported, they will have influence, and if not they will be rejected. So it ig not necessary for me to say what I think, but [ maintain that that is no novel doctrine in the United States. I told you yesterday that the President is @ democrat of the strictest sect; 1 told you that he was really naintained by a democrat in the Convention which nominated Mr. Lincoln and himself for Presi- dent and Vice President of the United States, That was not a democratic convention. It was a conven- tion pompased of Union men without any reference to the old lines of demarcation between whigs and democrats; it wasa convention which assembled of the United dis- trary to the will of the President, who is respon- sible that the business be conducted with propriety, and for the general interest of the nation. Upon that debate I merely suggest that it states plainly the affair as it exists between the President and Mr, Stanton, and, as this debate ov- curred soon after the adoption of the constitution, and as several gentlemen who had participated in no res, the formation of the constitution, among them Mr. Madison, one of the ablest writers who ever wrote on this subject, not even excepting Alexander Hamil- ton, also took part in the debate, we must give It the highest consideration. And if there be anything in the doctrine of the law, which is applied ‘to every other case, that when a decision of a legal question is made that decision should stand, and if there be anything in the doctrine of stave decisus, I maintain, Senators, an opinion which, so far as I know, lias neither been controverted at any time except during the time of Andrew Jackson, and an opinion which has stood for nearly eighty years, is not an authority, then I can conceive of nothing that is suficient to be taken as a precedent. If, according to the Engligh law, &® man protected in his real estate afier sixty Years’ possession, and if, as in my own State, seven years’ adverse possession gives a good title, why may we not argue, and argue with propriety, before the American Senate that when this question was settied eighty years ago, and when the decision has never been controverted until the present time, ex- cept on the occasion to which I have referred, I .do maintain, Senators, a8 earnestly as Lam capable of maintaining any proposition, that that decision is an authoritative conclusion, and is a principle bind- { ing and obligatory on this Senate, and that you must foilow it, on the same principle that judges are in the habtt of following judicial determinations in reference to the rights of property, which have been long acqu in, and have become principles of law. Mr. Nelso. y {to argue this point at length, and rel ng to the effect of the Supreme Court decisions, said:—Unless L have misread the constit tion of United States there is no provision th declaring that the decision of the Supreme Court of the United States shail be finai and conclusive and authoritative in questions of law. The framers of the constitution assumed that there was a certain state of things in existence at the time they made it; they assumed that the history of English jurispru: dence would be known to the American Senators; in other words, they assumed that there was ar would continue lo be acertain amount of knowled: and information in the world. Lt was therefore wi them to put in the constinution that th the Supres binding. administra: , Hie argument that Dmake isthar while t ition of the United States does not specify that | ecisions of the judges shall force of authority in the land an in reference to the opinions of the yet on any fair construction or an; ment, U argue that, under the act of 1789, the opinions of the Attorney General may be regarded by the Prestdent, and by al! others who have todo with that opinion, as a valid authority and should be -sxul- tcient to justify bis action in any given case that may be covered by that opinion. ‘The act of Sep- tember 24, 1789, provides that there shall be appoint- ed an Attorney General of the United States, whose duty it shall be to prosecute and conduct ali cases in | the Supreme Court in which the United States are. concerned, and to give his opinion of questious of law when required by the President of the United States, or when required by the heads of any of the departments touching matters connected with their respective departments, ‘Take the two provisions tu- ther-—the provision in the constitution that the resident may call on these ofticers for advice and in- formation, and the provision in the act of L798 that te may call on the Attorney General for advice and opinions. Then | maintain, Senators, that whe: opinions have been given in cases, as appenr with the one under consideration, these opinions arc inthe nature of judicial opinions, and are a perfect shield and protection to the President if bring his acts in those particular cases wit spirit and meaning of them. Mr. Nelson refe: the opinions of Attorney General Wirt, Attorney Get eral Berry, Attorne, neral Legare, Attorney Ge ral Nelson, Attorney General Orittenden and Att General Speed on several potuts having affinity with the question of the pow and ee In rete be to Mr. Speed that that gentieman stood very high iu some «| of the United siai nd his opinion was entitied (o much weight in th sArters. Henator CONKLING asked whether the opinion of { Mr. Speed was published in the volumes of opmion= | of the Attorney Generals? ir, NRLSON said it Was not, but that le hy » oer. tifled copy of it. He proceeded to read un extract from the opinion as follows; | more th It in bis duty (meaning the President) to do all that be bas | the power to do when aceasion rejuires the exercise of at- thority, ‘To do less on such au occasion Woald be prota bo abdicate hits bigh 0: The constitution is law—alnw superior and paramouut w any law be repugnant to the constitutton, it ie wold This, sald Mr. Nelsou, bears only th bil, but it is square up to ail the questions whien eniemen on the other side have argued iv connec- jon with it, Here, sald ie, is advice given to the | President by aman on whose judgment be bad a | right to rely, for be it known to you that the Presi. | dent of the United States is not himself a inwy he never studied the legal profession, and has uo elaine | or preiention to Know anything about i. Tn the | discharge of his duties he has aright to consult the | legal advisers who are given to gulde and direct hit on questions of jaw by the consitine | tion of the country, and by the act of its, | and when he finds dn opinion on file in his office or recorded in any reported volume of ihe opinions of the Attorneys General, and when he wets upon that opinion it must protect hin against ihe imputa- tion of onlawsul or improper motives; and, Mr. Chief Justice, if you see fit in the discharge of your duty to comply with the respectful request preseuted to you to deliver an opmion upon any legal question in- volved in this ease, 1 would respectfaily ask you to consider this opinion of Attorney General Speed aud to say that it is sonnd law. Allow me to call attention to the closing sen- tences of th jond which, | think, the very exaene law itself. it 1s as follows fut before such a ¢ arises, and in the absence of an authoritative expression of the law by the judicial department, it is equatiy the ditty of the officer hold- | tug the executive powers of the government to de- termine, for the purpose of lus own conduct and action, as well the operation of con#icting laws as the constituitonaiity of any law.” There, continued Mr. Neison, is the upinion of an Attorney General who is not a ny T of Mr. Jolmson’s Cabinet—not a Serf of President—who gave his opinion before the prevent incumbent came into office, There is nix opinion placed on record in one of the departments of the government to stand there, and to stand forever, #0 far as the opinion of any one will go to guide the highest executtve officer of the government. It de- clares that tf a law ts unconstitutional in the view of the President it is no law at all, and he is not bound to follow tt. It declares that the President has the right, in the abeence of any judicial expression, to constrae the law for himself, 1 need not tell the Senate that that is no new doctrine. Why, Senators, within your day and mine we all recollect an execu. tive officer of the United States, @ man of stron; will, @ Ian not possess any great vantages of education or of mental culture, but still a mon of strong intellect and of a determina- tion just as strong as his intelleet—we all recoliect Andrew Jackson, @ name who Was once potent in the United States, No name was ever so powerful in this government from the time of its foundation to the present than the name of Andrew Jackson, | were giants in those days. When Andrew Jack. wasat the heart of the United States he exercised his powers of removal, His right fo do so was called tp question by seme of the ablest men thar j, | question in favor of the views which ¢ ve all the binding | fi | Congress ax to the right of powers enumerated | dnties which are imposed upon him by the san | other terms employed In tiv | if, Tsay, together for the purpose of sustaining Mr. Lincoln, and whose view and opinion was that by sustaining Mr. Lincoln and the measures of his adininistration it would sustain the strong arm of the government in putting down the rebellion, which had not then been brought to a conclusion. In the Teply which he made when he was informed of his nomination, he remarked that he was a democrat, Now, Senators, I will read you the two opinions of Mr. Jeiferson and of General Jackson on the subject of appointments to office, and before I do so let me call your attention to one fact—keep the political train- ing of the President of the United States ever in your mind. Go to his — stand- point; look at thin, as he looked at them; ju of them as he judged of them, for you are now in search of motives; that is what you are trying to determine in this case. You are in search of the question of intention, and when you judge of his conduct recollect that he is a democrat of the Jetfer- son and Jackson school. If 1 can show you, as [ will presently, that Mr. Jefferson and General Jack- sou undertook to construe the constitution for them- selves and claimed that as executive officers they hada right to do so, when I will show you that ac- cording to the poiitical training and education of Mr. Johnson he might well believe that they had, and pleted when he had Mr. Speed's opinion confirma- tory of that doctrine, it farnishes us a satisfactory vindication and protection of the President as'to the exercise of his judgment. He then proceeded to quote from Jefferson and Jackson to show that the position assumed by the President was @ correct and proper one, We have had, he continued, a good deal of talk here about pre; atives. That was the pre- rogative which Gene! Jackson asserted that he had a right to construe the constitution of the United States for himself, independent of the judicial tribunals of the country. Hf General Jackson and Mr. Jeiferson asserted such executive power, how much more = might zw Johnsen, the present President, say:— e is @ question about which threre is some diiference of opinion between the Congress of the United States and my- self. Here js a question which has disturbed and divided the country. desire to have this question settled, 1 do not wish to settle it by my own right. 1 desire to submit to the judicial ‘tribunals of the country, and in order to do that L will exercise L staf which has been exercised from the fourgla- tion of the: government. [will Stanton, and | will put this condition in which it caa be settied by th tribunals of the country, I will invoke th the highest judicial tribunal of the e Supreme Court of the United States ‘ougress his ted, twill acquiesce in and submit to the If the Supreme Court of the United S ies the question in the other way, i will perse- letermination to appoint some oue in ite fticer of my Cabinet who is obnoxious Lo .? Now, I maintain, Senators, that there was hing wrong or illegal in that. But it is argued on the other side that after the President of the United States had vetoed u bill, and after it has been passed over his veto by two-tlurds of bot houses, it is then placed in such @ situation that le bas no right to. put any constructlon-upon it different fron that which Congress has put upon it, | cannot sec reniove e in Nictal tion of If the des this jogic of the argu A law passed by Con- and approved by the President and put upon the — statute books ts nothing more than a law, If the President of the United States exereises his veto power, and altenipts to prevent the passage of the law by refus- ing his assent, which the constitution empowers hin to give or withhold, and if the Congress of the United States pass it over his veto and it comes on the siat- ute books is it anything more than a lawy Has tt any greater or more binding force im the one case than in the other? If the Presi- dent of the United States has any power or jndgment at atl, may he not exert i in the one case just as much as he may exercise it in tie other? | cannot for the life of me see the torce of the definition which the honorable Managers are attempi- ing to ake. No, Senators, there are questions pe- culiarly belonging to the executive dopartinent which the President inuist of necessity have the right to termine for himseif; and specious, ingenious as t argument of the honorable Manager (Mr. Boutwell) was that there may be an tinptication in favor of that the and of constitution, tion im favor there ix President no iw as tw the that argument has no foundatton ing or in no authority Known w th |, “executive power,” like most o pnstitullon, are t J have shown you how Mr. Madison under- have shown you what a Instrument, sound Pease ‘The very te nical. in the debate of 17 at | wide latitude he took in dealing with ‘the words executive power,” and in arguing that the Presi- i was responsible for the action of the Cabi- whlch he called around hia. Wel if ean get from the constitution an implica to rived from the words “executive power,” or the words that “he shail take care that the are fatthfully executed,” or from some other words in the constitution relating to that pow ran derive any power in the one cuse, then the doctrine of implication arises as to ali 0 other powers that may be conferred upon bins, 1 can see no reason why you may’ not imply anything that is necessary to be done as much in favor of the Président as you may imply in favor of Congress, By the constitution mgreas Thay create a navy, declare war—imay levy taxes; bul the constitution does not say how Con. yess has fo create a navy; it does uot say Whether it « to do that partioniar act by taxation or not; it does not prescribe whether the vessels are to be iron-clad or wooden-chad; whether they are to be steam vessels or sailing vessels; it does not preseribe how much tonnage they shall have—ull these and a thousand things are left to the discretion of Congress. Congress derives the power a8 & necessary incident — under the generat provisions of the constitution to do any thing (hat tay be necessary aad proper to carry all the forevoing into effect. If tus doctrine of inapil- cation, whieh 1s absolutely necessary and essential to the legitimate and proper exercise of ehe powers | erred by the constitution upon Congress, has been sequiesced in from the foundation of the yov- ernment by Congress, why may it not be acquiesced iu for the President of the United States? Ther av Fentertain, in the distinction which t) Manager instsis upon, rt bere, at a quarter before two o'clock, * for fifteen minutes, On reassembling at twenty minutes past two o’ciock P.M. Mr. Nelson continued the ciation of horittes in support of the President's views on estion of Nis er of removal, and proceeded argue (hat the President had the same power to construe acts 4 Congress as Congress itself, again supporting his VieWa by numerous quotations. All the preceding argumenta, he held, proved the Tenure of OMee law unconstiftutional and void. At considerable length Mr. Nelsom then ciavorated the proposition that no charge can be maintained Which does not allege criminal intent, which, he said, was not done except in the fiftu' article. In the course of his remarks he spoke of the friendly embrace of Mr. Stanton and General Thomas, and | the equal division of the “spoonful of liqnot be- tween them as the most remarkable exhibiuon force on record—(great laughter)—and while gizing the honesty and siinplicity of General T expliined his language to Mr, Burietah 1 ovhers | that aiernoon as catised not only by pride of oifice but by the enlivening effects of the good liquor then consumed on the appearance of the supplemental bottle, He proceeded to give a humorous and saliri- eat account of the arrest and subsequent dis~ charge of General Thomas, ridiculing the idea that any one believed he designed to use forces Passing to the consideration of the second aud third articles, he adapted the statements in the Pres dent's ae SSR PET Ee YORK HERALD, SATURDAY, APRIL 25, 1863—TRIPLE SHEET. italic gg —S- he claimed it was not covered by the act of ine whlch claimed was violated, The ttth artic hel was not suj by testimony, ‘The sixth, in which a vlolntion ot the Tenure of omee law is also he cousidered di the élonality of that law. he sevsnth article was passed over with a denial e President's oath of office was violated by the offence eb ‘The eighth le he mei by the argument that the endéavos to obtain possession of moneys tn the War Department, even if made, was not in Violation of the Ctvil Tenure law as stated, With reference to the ninth article, be held that the Presiaent was in the linc of his duty when con. ferving with General Emory about the disposition of forces, and that no evidence whatever had been ad- duced'to prove that his purpose in that interview was evil, Considering the tenth article, he claimed that it was based on the principles which undertie the sedition Jaw, which ever since its passage had stunk in the nostrils of the American people, He heid that the President had followed the example of certain mem- bers of Congress in disregarding the amenities of expression aid was excusable for using strong language in reply to the abuse which had been heaped upon him, Mr. Nelson insisted that the preservati of the right of the freedom of speech was indispensable to maintain our liberties, After a brief consideration of the eleventh artticle, which he sald was sufficiently an- swered by his remarks concerning the precedt article, he referred to the charge of Mr. Boutwel that the President wished to control the elections in the Southern States, and asked how that could be Possibly with overs desigaated by Con; 3 in com- mand, and exerci sing control over all that region? Mr, Nelson closed his argument, which was of very great length, by saying:—As to the President assuni- ing powers not warranted by the constitution, I have endeavored, in my feeble way, to show you that he is not guilty. I say to you, Senators, that you have a solemn responsibility. have the sume fatth now that | have expressed ever since I undertook this case, The same confidence which ought to be reposed in the American Senate. | do believe that men of your character, of your position In the world, have the ability to decide this cause inpar- tially and to set aside all party considerations in its determination, and believe that the result wiil show that the country has a right to believe it. Just one word here, sir. Every lawyer in the United States is familiar with this idea, that a great many cases are put in the law books, and especially in the works on evidence, as a caution to courts and to judges and juries in regard to the improper and the unjust vel ts that have been rendered in times past. Every lawyer knows of cases where men, es- pecially upon circumstantial evidence, have been tried “and »executed, when it afterwards ap- peared upon more careful investigation that they Were not guilty. ‘These cases are not put in the books for the purpose of frightening judges and jurors from their propriety, but for the purpose of causing them to exercise a salutary degree of caution in the powers conferred upon them, and I think that even the Senate of the United States may look at the history of the world for the purpose of deriving the lesson intended to be impressed on the courts and juries by the books So, with- out going back over these things again, I can say that I think even the Senate of the United States may look back to the history of the world for the purpose of deriving some instructive lessons without undertaking to trace along the whole course of history. Some three or four examples have occurred” in the history of the world that are not unworthy of @& passing notice. The account which has been transmitted to ‘us of the murder of Casar by Brutus has raised the question for nearjy twenty centuries whether that, act was ap act patriotism and whether it was justified or not. he execution of Charles I, is another of the historical problems which has never been and never will be settled in the opinions of man- Kind, Some regard Cromwell as a patriot, animated by the purest motives; others as an ambitious man, craving for power and property, That question still remains open. But the deeds of violence committed in the world have not always been followed by peace and quiet to those who have done them. A few short years after the execution of Charles 1. and the bodies. of Cromwell and Bradshaw and one or two others who were concerned in his execution were, in con- sequence of a change in public opinion, taken from their graves and hung by the parity that came into | ower. Louis XVI. was executed by the people of france. Did that act give peace and qulet to the French kingdom? No. It was soon followed by deeds of - bloodshed such as the world had never seen. guillotine was put in motion ALBANY, April BILLS PASSED, corporating the Young Men's Association of Cooperstown, New York; lncorporating the Local Board of the Oswego Normal Training School; Incor- Porating the Citizeus’ Mutual Gas Light Company of Poughkeepsie; Incorporating the Fulton Benevolent Association of New York; for the extension of Flush- ing avenue; making appropriations to pay the ex- penses of collecting the tolls, superintendence and the ordinary repairs of the canals; directing moneys raised for the improvement of Oneida Lake Canal to be paid tato the state Treasury; providing Lao for increasing the revenue of the canal stoking fand; the Throe-quarters of a Mill Canal Tax bill; amending the charter of the American Bureau of ea; locor- » rating the Oswego Board of Trade; for relief of St. jozepty’s church, New York; the Oswego Street Rail- road bill; providing for the examination of accounts and operations of the several commissions in , 1868. Brooklyn; defining the powers of the Eureka Basin sing and Manufacturing Company of Long Island Afternoon fe: BILLS PASSED, Anthori: the Hudson River Bridge Company to bniid a sec bridge over the Hudson river at Albany; incorporating the Peekskili Water Works Company; amending the charter of the Odd Fellows’ Hall Association at Buifalo; to provide for floating batas in New York; amending the act providing for @ railroad from Poughkeepsie to the Massachusetts: State line, BILLS ADVANCED TO A THIRD READING. ‘The Port Richmond and n Point Ferry bill; in- corporating the New York and Brooklyn tron Tubular Tunnel Company; for more effectual protection of Co hed arriving at New York; relative to the New York Opthalmie Hospital; to widen portions of Sackett and Douglass street Brooker. Amen the act relative to the Croton Aqueduct Department by appointing four commissioners, ir. TWEED asked unanimous consent to move to refer back this bill, with power to report complete, but Mr, Genet objected, Relative to taxes and assessments In New York. ‘The bill provides for the appointment of four Tax ammalasloners Immediately after the passage of this It is provided in each of these bills that the Citi Comptroller shall appoint the Commissioners, wit! the understanding that the Commissioners shall be non-partisan. ‘The Assembly amendment to the Obscene Litera- ture bill was concurred in, This amendment pro- vides that the police shall not summarily destroy property which they may seize under this act. ‘The Assembly amendment to the biil for 150 ad- ditional notaries public in New York was also con- curred in, The amendment provides for tive addi- tional notaries for each county in the Sta Ad- Journea. ASSEMBLY. ALBANY, April 21, 1868, REPORTS. ‘To incorporate the Mutaal Savings Bank of New York; to incorporate the Home Savings Bank. of New York; to provide for the completion of improvements in Third street, Brooklyn; to amend the Utica city charter. Mr. BRADSTREET, from the conference committee, on the bill to abolish the contracting board and the canal Ojai contract system, reported that the committee d agreed upon a bill having these objects in view, aud providing for the appoint- Ment of superintendents of sepa by the Canal Board. The report was agreed by .a vote of yeas 94, BILLS PASSED. i To authorize the Commissioners of the Central Park to set apart a site for a Museum of History, 0 incorporate the Brooklyn mre the Pima and and Ear Hospital; to amend the act relative to storage of combustible materials in New Yor viding that the Commisstoners of the Sinking shall be Commissioners of the Water Frout in New he House then took a recess until half-past three. - Afternoon Session, B CONVICT PRINTING Ci RACT. ‘The SvEAKER presented a communication from the Inspectors of State Prisons, transmitting a copy of and the streets of Paris ran with human gore. These deeds that are done fi es of high party and potiti- cal excitement are deeds that should adsnonish us, admonish you as to the manner in which you dis- charge the duty that devolves upon y ‘the con- sequences that may result from your no man can foresee, 1 have uo tdea that consequences such as [have described will result, but yet deeds that are done in excitement often come back in after years and cause a degree of fecling L will not attempt io de- ibe. God grant that you may so act in the discharge of your duty that there shall be no painful remem- brance, Senators, to come back npon you in a dyit hour. God grant that you may so act that you will not only be able to look death aad eternity in the Ta ut feel that you have discharged your duty, nd your whole duty, to God and your country. Tf ou will receive the approbation of men and 3 and the admiration of posterity, Ido not Know, Mr. Cluef Justice and Senators, that it is € 8 z acy in accordance with the etiquette — of the” court of justice for me to do what | we to) 6 6do now, But oT strnst — the tte will take the will for the deed, and if there is anything i overlook it. cannot close the remarks 1 have made in this case without returning my profound thanks to the Chief Justice and the Senators for the very Kind and patient attention with which you have listened to ine on this occasion, as you Insignificant and has been the argument I have have extended a patient attention little reason to expect, and I cannot y without extending to yon my thanks, it be in accordance with usage or not. pison having concluded his arguinent. atv } duarter past four o'clock the Court adjourned anti | | twelve o'clock to-morrow, and the Senate iminedi- | | ately afterwards adjourned till the same hour. ' AMUSEMENTS. | AcAvEMY oF MuUsIC—JANAUS) chek appeared in anew character last night inely, Elizabeth, Queen of England. ‘The house was crowded to excess, standing room only belig lett. ‘The play is by Dr. Laube, and is entirely duterent from the well known itn drama of the same naine. The principal character io the wan dana is the Barl of Essex, and the plot madaly binges apes hig unauthorized return from Vreland and the fil a vised attempt at revolution Which consigned him to the seuffold. If Dr. Laube had only shortened the lines of exeh of the eharacters by one-half, so a8 to bring his work within reasonabte hounds, it would be far taore Interesting amd far less tiresome, Some of the best and most ¢1 ive situa lengthy otfered, seom as if each person in the cast had his or her thousand lines allotted by mathematical rules, the character of the pro haughty. jealons queen Miss Janauschek won, perhaps, the greatest trlunpir and proved hereelf fully deserving of the high Position she occupies on the classical stage. The keene with Essex in the fourth act displayed an enerzy, passion and iuiensity which are rar nessed on our boards, Mr. Scherenberg p excellent Essex, and shared with Mi in the applause of the audience. “M: be given wi the matinée to-day, * is still ihe | and artistic attraction of the seuson, thongh for the time Mile. Tostée is of the | rouble with her throat | mana, the doctors and | . however, we | boards—the victim of the that has bothered the prinwa are happy t replaced by Mile. Flew ainps, who acts the part with ml 4 happy appre ciation of meaning. Sille. — Longehanps sings the past particularly well. she sings, indeed, the pieces that are omitied in the version given by Tostée, some because Mey are beyond the capabilities that jatty’s voice, The taveration to t Dis moi, Veni js of this clas plece, giv ts character. also quite exceptionably happy. Mrmuvway HaLt.—Mra. Fauny Kemble read last i | evening in ber own incomparable style Shakspearets } | | rhe rendition of “Are | “Mneh Ado About Nothing.” Tt would be super- fuons to say that ahe rendered to the life the two sprightiiest characters that Shakapeare ever drew, Beatrice and Beuedick, not to mention the uniquely ; absurd Dogherry. At the matioée to-day Mra, Ketnbie will rend “Romeo ani Juliet.” Daring next week ahe | ve the fourth and last series of her Shakapenr- | «lings in New York; on Monday evening, | “Richard JIL; on Wednesday morning, “As You | Like It? ou Friday evening her own ‘admiranie translation of Sehiller's y Stuart; on Saturday morning the reading will i#cellaneons, consist. ing of part of Ni uth,’ by Wordsworth,” armion, “Tne Building of the Ship,” sfellow; “The Haat of Grass? anonyntons, an Barbara Prietehie,’ by Whitcier—singularly enough almost the oniy real oem inapired by our recent civil war. No one who as (he least claim to being # “Shakespeare scholar” should miss the rare opportunity attorded by Mrs. Kowple's readings to hecome familiar wiih her | inielligent and powerful interpretation of the works | of the great drainatinu. 5 { A SINGULAR SUIWIDE.—A Patoka (Llinois) corres poudeut of the Warren County Trleyram relaves (be ‘ollowlng:-—A Miss Noles, of Fairfield, haa been visit- ing some relatives in town, for the past month, and, as it appears, was laboring under great mental de- pression, haying lost @ brother by the same horrible crime some two mont sin i] nose nob inpten beellity Yost she removed @ barrel were exhiblied, a from the kitchen to the cellar, and prepared it by emptying about three buckets of water into tt. Last evening she refused to retire, but to the annoyanc: he family wandered from one room to another con- tinvally, This morning about four o'clock she ap- peared in the jleeping apartment of the family and exchanged civilities ina very calm and pleasant way. She then took @ light and repaired to the kitchen, cloaing the door carefully behind her, After she had answer as a sufficient reply to them, With regard to the fourth article, which Charges conspiracy to ob- tain possession of the War Odlice by intimidation and been absent some half hour, seareh was instituted, when sig wae discovered coiled up in the barrel dead cMEK.—Miss Jauuns- | tions are loxt in a wilderness of words, and it would | | | | fationed fis, like the Curties, or by a laterally com- | ' ng deseription | saee at @ | nals whic! | class of the college, the printing contract of Sing Sing Prison, The contract was executed March 31 and took etfoct Aprill. The contractora are to have seventy-tive convicts for one yeay at sixty cents per day. BILL LOST. ‘The bill to amend the charter of the Delaware and Hudson Uanal Company was lost by 40 to 51, BULLS PASSED. ‘Toamend the act to improve Gowanus Canal, Brooklyn; to provide for repaving Union street, Brooklyn; to authorize the Justices of the Justices’ Court, New York, to take acknowledgments of deeds; to incorporate the New York Water Company; to rovide for widening Broadway, New York week, fourth and Fitty-ninth street to a width of 100 feet. Adjourned. Last evoning Mr. Waterhouse Hawkins, of London, | delivered the second of his series of lectures on Na'- ural History in the large ball of the Cooper Institute, which was weil filed with an appreciative audience, ‘The lecturer on presenting himself was very warmly received, and opened the subject with a discourse on reptiles, living and extinct, referring particularly to the uge of dragons, and how far the legends and figures representing them were founded on fact. ‘There was a strong supposition, he said, that dragons at some former period lived and were abundant in Britain and other parts of the world. He referred to the observations of Brodrip, who said that the winged, scaly, flery dragon was the most universally accepted fable throughout the world, and seemed to | exist everywhere except in nature, Now it was that exception which he wished to point out, and show hat the dragon Was not a fable nor a myth, but, uke other reptiles, & component part of “the world’s natural history, Im order to do so if was abso- | lutely necessary to remember one ijuportant | matter, which Was to waderstand things as they are | to fully comprehend what they were. He proceeded | to give graphic detineations on the blackboard of the | diferent shapes of the dragons a8 represented in works of act. The Japanese dragons were extreme- | ly derce looking and were of a more serpeuiiike form | than those of viher countries, They were said to | have the leading characteristics of the lizard, to- ) gether with | gered indications of possessin | Wings, While the Indian dragon was depicted wit | huge jaws aud projecting teeth. The form of the | dragon was aiso a Welsh insignia. Undoubtedly | dragons of the repti form and like those species ' were naturally cold blooded and appeared to have been found in the greatest abuodamce and oF the largeat size lu Wart climates, Mr. Uawkins, after j Wdverting to the romantic assoclations connected | with the dragon, gave a lengiheved description of reptiles of tie water, the earth and the air. number of Ure species of reptiles was very consider- able; most of them were terrestial, but some sus. | tained themselves ut the air, The extinet pterodacty? ‘Winged its Way over the Water like the vats; some lived habitvaily in the water, switaming by means of pressed tall. He gave a most minute and interest reptiles generally, aud uwtverted ciearly to the strangeness of their for con- tion and geographical distribution, ite alluded considerable length to the bones of & at tines wni- bad been discovered, but whose species were no longer in existence; and those bones when placed together and properly adjusted were similar tothe anetent bronze and other representations of the dragon. Mr. Hawkins, in the course of his lee- ture, made some aduirable sketches of the severat antuals upon which le discoursed, which, together with some excellent diagrams that were exhibited, mare the Interesting subj qiute intelligible to his attentive listeners, im conclusion, he considered there were sufficient grounds for beileving that the dragon Was not an Invention, because there was nothing absurd in its baving existe other reptile, He had showu that it ¢ 9 winged aniinal, a swimming one, but as to its be- ing ery, Witeh the romauces asserted, he could nob vouch, and it could only be accounted for by We fact that the phosphorescent Ught issulag trom their teeth wheu night remained was the decayed remains of the fish upon Witch he fed, After some further ob- servations the lecturer retired, aiid loud applause. PUBLIC EDUCATION, Meeting of the Vice Principals of the Male Grammar Schools. Vhe vice principals of We Male grammar schools met yesterday afternoon, pursuant to adjournment, in school No. 45, West Thivteenth street, near Sixtn avenue, for the purpose of exchanging views in rela- tion Ww the matters about to be acted upon by te Board of Edneation, looking toward —# change tm some departments of the school business, A_ permanent organization of the grade waa establisned, with Mr. Carlisle, of school No. 48, a8 President, and Mr. Myers, of No. 19, Secretary. A series of resolutions was introduced and adopted expressing the sense of the meeting tu the effect that in the annual examination no class should be held responsible for studtes of a precediug grade, and that the abolition of the introductory , & Modification of the course of pan gg tho colloge and in the first supplementary a! so #8 6to 6form §& §«6continuons = chain of instfiction, would be benoticial to the is of the ~— mate og the pay and farther, that the changin; study, as far ag the three highest era cerned, is not advisable. =, and intelligibly disenseed, and to their delegates, with power. A re unanimously adopted asking for a return by the School superintendents to the s by tives instead of by percentage si he advantages and disadvantages of bor sty ies of marking were shown by severai gentlemen present, after which the meeting adjourned, The Break in the Welland Canal Repaired. St. CATHERINES, April 24, 1868, ‘The break in the Welland canal is repaired, and vessels are passing through. ee Cee