The New York Herald Newspaper, May 15, 1868, Page 3

NEW YORK ‘HERALD, ‘FRIDAY, MAY 15, 1868.—TRIPLE’ SHEET. 3 ‘ an fy aed a ance the } sent of the Senate; and Mr. Stanton was such ‘understand the accusation contained in the eleventh | verse, and the fear that He will not govern it wisely | of action, bb got ty of the Sapreme Court J had | officer, whatever might have been his tenure s article, it 1s substantially this—that on the 12th day | and well would mot excuse me for a violation of his | should go abot eee Se Kl and Bins people been and were 80 ‘on the subject that I | office, oo Ed ag yg ES nyt the President speech de- | law. that reconstruction or other acts of Congress ‘ conld net secortain Shale 1 know them io | pointed to hold the pleasure of the in that the ninth Congress were void and that he would so decide Y nor acted ty ‘tie act of tareh 2, Won, the preat | to exers Wve power thereby intending 10 OPIION OF SEXATOR WILLIARE, Say. cock hat be. coulis. _.be lnpecched. tor > . doul 1e Cor e im ci for dent had iy to remove him from office on- Gat tne legato of sala Congress was valid conduct so indecent and 80 disastrous te the THE PRESENT PROSPECTS OF THE TRIAL as yon expronen ‘Bdesire thatl shoals aoe snes ae of rotraasy, and consequently cannot be Soot A cae 80 far as bene 3 te WASHINGTON, May 14, 1868, ha S004 order ae nockenyt are Hu pphries, tied "| cessor in my nce favorable to conviction, [pro | I'l Sere not satinded of the conswuction ‘given | touding to deny the power of said” incon. | MF. Wiutrams, of Oregon, said in the secret ses- | Dy unanimous vols of the Benate of high orlimes mised were ou the poe of my conclt 1 as herein Gf hoon of Mareh at Panonid welt hest Pgh teed rye pe to Se constitution, vera = tie itt! «sh katts org niencancre for what he seid in ° public soon @8 ascertain result on one con' a high misdemeanor, BeEe declaratio: PRESIDENT—Deeply impressed se e city of Nashville on the 20sh Decem- ‘or two of the articles, I have endeavored to ascer- } for what was done by him on the of r, | on the dist day of February, attempted to pre- | my {bility and duty in the case now before | Per, 1840. Whether ‘Andrew dolinson shall be re- The Managers Taking More | tain that resut. 1 cannot and Inow write you to | The least that could be said of the application of the | vent the execution of the act of st respons Moved from office or not is the least question in this ‘ (and be assured that I say it in that | first section of that act to the case of Mr. Stanton is Oy SLT SS MTDLIng (0 Gevien magne So preven, the Senate, I shall vate for the conviction of the Pres- gase, minde Up as lasues are. To acquit 1s to decide ony. an oa alwi extended to me, and ton comes Pritain it the aot do by the Present did ry of var after the had refused to concur phos re sips the. proving at ‘the. eonstivution ieee | Testimony ~* wi men pet i 0 Which now. undiminished I'have ever entertained | not remove him, and Ne is stil Secretary of ampension. ‘Second. by unlay ‘attempt- | Upon the ground that the removal of Secretary Undisguised contempt of the authority, end the for you) that your request on this subject has placed | War. It was at most. an attempt on to means to permit the execu of ton and the appointment of Adjatant General | will of the Senate, remove from and appoint min e most difficult and delicate possible the part of the President which he might well be- | Appropriation act for the s rt of the army for the | Thomas, as charged in said articles were in violation toomce. To acquit {s to hold that the laws of the Letter from Senator Henderson to the | ton. 1am saustea do not realize it, I have | lieve he hada right to make. The evidence fiscal year June 30, and that further, 10 | oF tne constitution of the United States, To decide | 224 are not what they are written down in the given it the most serious consideration, both on your | failed to show any design on the part of ie eee 08 ld declaration, he unlawfully ‘at- Sonatifutian 0! statute books of the country, but are unwritren, and ri Del ti and Ls account, and copeciany on account 9 dent to effect his purpose by force or violence, It pted Bae exe on of ne x otherwise would be to say that the President has the u may Ad tue eheaown wil ot one man bahia toe an Bl ts prese} 5 issuan Mare! wi 16 Was ve ofice of t rit cour! Missou egation, Fie resuit of that’ consideration is tha having been Which failed of He intended eect’ To dopose the | guilty of @ bigh misdemeanor in omce, ou the 3st | Seclut# and unlimited power at all times and "ndSF | may take judicial notice Of history, atid “by what I com, asa me: of the we to Constitutional Chief Magistrate of s nation Fel ', 1868. I nave already stated, Bt, cicamennoes . 10, romere mand aP- | have a right to know in this case, I have been sor- pe to try ane a Lx to x) temeriel elected by the people on grounds so slight would, in Sane CS A SrHCl6, Pas 160 aa oe point to office; and that so much of hye ena Fejpotandiy brongat to the. ‘conclusion justice, accordiny ie We evi- the conferred ‘at on ol [- man; 1e ce Be Declares His Purpose to Wote | ence r cannot now ‘ossiiy escape’ the duties im. | oi che Benato which outa Hot ve\vundned to tae | Agua, 1806, am fairly eniitied to te constuction | ‘We, Comstitution as provides that | the Presi ofhis administration tas een to rate or ruine thi josed by the obligation. It was for the House of | country or tothe world. To construe such an act | there put upon it and reported in thia article. There nominate and by and wi e he has endeavored by usurpation and abuse of his According to His Convictions epresentatives to prefer articles of impeachment. | asa high crime or misdenfeanor within the meaning | were no such words said, nor can they be fairly im- | vice and consent of the Senate appoint,” is of no | veto to subordinate the legislative to his personal It is for the Senate to try them; aud the members of | of the constitution would, when the passtons of the | plied. The words were that tt was not @ Congress and Declines Resigning. the House have no more f to dictate or control | hour have had time ig oath be looked upon with | of the United States but only of a part of the States, the judgment of the Senate in the premises than | wonder, if not with derision, Worse than this, it | Taken lite! these words were true; but a Con- members of a grand jury paeehing 8b indictment | would Infiict a wound upon the vi structure of ofa of the States be a constitutional pare - eae fice) verde ue tee tit on oar government waich, Se ‘woul a HNN ~~ of omnes Ve id wh and Sask of crime. An ono’ speak for | The second article 18 fou upon the 3 ‘ormly oogaiad a The Speeches of Senators Fessen- | the P of reflecting on your action, for I dis- | authority, addreased by the President to General | ninth Congress. ‘The declaration being tly sus- tinctly disclaim such purpose, Rogwing 96 do mak Lorenzo Thomas, ‘dated Fel le of an innocent meaning, and all of his official den and Williams. What you have done and sald springs from the best | stantial of t being consistent with that meaning, tt would be of motives as well as the kin of feels My | was issued in violation of the constitution and con- Bh @ different one which he did not duty in the premises I cannot shirk, nor can I divide | trary to the visions of the act regulat! the ress. In view the foundation of the article it with others. If I resign before the conclusion of tenure-ot certain ¢ civil officers without the advice and | fails. But whether in pursuance of that article or WAsHINGTON, May 14, 1868. the trial it strikes me that I come short of the obli- | consent of the Senate, that body being then in sessi not did he unlawfully devise the means to prevent But two members of the Board of Impeachment | gations of my oath and unnecessarily subject myself | and without the authority of the law, there being st the execullon of the law of March 2, 1867, in the man- ib in tne, comundiaadl to. | t the imputation of .weakness or somet! worse. | the time no vacancy in the office of the Secretary of ner charged? The first specification reste, if upon Managers were presen! 2 room If L remain and do my duty my constitueuts at present | War. In the view I have taken of the first le saying, upon the letter to General Grant, dated ‘@ay conducting the examinatica of witnesses in ref- | may condemn me, but will not when they hear my | there was legally @ vacancy in the Department of | Fel 10, 1868. This letter must be taken as a ‘erence to the im) ment trial. ‘These were Messrs, | reasons; and the people of Missouri have noreason or | War. Mr. ha been removed on that | whole, and pot considered by detached From peach! Butler and n, Mr. Bingham was in th desire, I hope, to strike me down without a hearing. | same day, and the letter of authori ‘states the | that letter I am satisfied that the President expected Logan, . fe room | ift stay withhold my ute, 08 you request, you prs d is cated thereon. It isa wellestab- | General Grant, in case the Sent should ‘once or twice, but for a few minutes only. Several | are © aware Lor the res ae piihe She, anne o6 it lished principle of nw that were two net fgg tia bn Eee s Mr. rate were - | vot iversely. 4 per! @ Buc | act are lone at same ie, one n, im, 80 pec old pessoa af ans stra sarily fia ee cessor should come, perhape & ee sense of dell- of which in its nature pee the’ other, | he it have an op) pend to fill the office before gers ents o' ington, which con- | cacy would prevent him from every prece- | they must be held as intended to take effect in their | Mr. Stanton resumed the performance of its duties, sumed the entire day. Subpcnas were issued for | dent on this subject by casting a vote at Ifhe | natural order. The question then is, whether a | with a view of pompeling Mr. Stanton to seek his Mr. William W. Warden, of the Philadelphia Ledger, | Satsilent It would be the same in result, té pe, Cy ep ne ea 8 PEROT a eee onty tacenat eae tacit ive vo! versely, voted affirmatively, @ designation of some person to act legally and Mr. Wiliam M. Evarts, one of the President’s | secured conviction, this manner crobiainiog convic- tempor as Secretary ad. interim? Fone answer | moving Mr. Stanton before he should have ume to counsel. Mr. Warden was in waiting all the after- | tion would likely neutralize in the end every advan- | to this question will depend, to a extent, | resume the functions of Secretary of War, if the noon, but was not examined. The object of the | tage to be derived from impeachment. Hence I have | upon an examination of thestatutes. Mr. Fessenden | President had a right to remove . It has been resolved to remain at my post and discharge my duty | here quoted from all of the various laws which have | seen by my remarks upon the first article that I Managers in thus recommencing the hunt for evi- | as jt is given me to know it, and appealing to | been by Congress giving the President power | think the President had sucha right. The design, Gence against the President 1s said to be to institute | Heaven for the rectitude of tentions and the | to fill vacancies in the various departments, and | then, if the President entertained it, was not unlaw- @ thorough investigation into reasons why certain | integrity of my conduct I shall follow the dictates of | argued at length to show that the President was | ful. As to the second specification it has not, that I my conscience to the end of this trial and throw my- | empowered to make the ad interim appointment. | can see, any proof to sustain it, and if it had, it is Parties are so confident that the impeach- self upon the judgment ofa generous People for my | Continuing, he sald:—If, therefore, the removal is | not quite apparent how an attempt to ment trial will end in acquittal. They sus- Mong peo mince i ue tee not contrary rome act, ascpe i ‘the designation of meereds ie any +8 te <00t sR ris unfair ‘o Messrs. . lerso! . @ person to discharge the duties temporarily, and | suppor’ conside! P Pode tO aren eans have Deen nsed by the | o, 4. Newcomb, J.J. Gravely, J. W. McClurg, B. F. | a Netter. of authority. tasued in ahoh a cag | anhtention to Violate the Civil Tenure acty which Presiden duence Senators, and have had their | roan, J. F. Benjamin. is not prohibited. In confirmation of this view, it | seems tobe the gravamen of this article. No evi- spies and detectives on the qué vive throughout the Delegations Trying to Win Over Doubtful | Will be noticed that the eighth section of the act of | dence whatever wus adduced to show that the Presi- whole trial. The Managers, after having closed their March 2, 1867, expressly recos tne power of the | dent had devised mepns or in any way attempted to pat 3 5 : » - i Senatore—Insulting Language. President, without the advice and consent of the | prevent the execution of the act to provide for the case, have, without the slightest regard to justice, | ne Tennessee delegation that watted upon Sena- | Senate, to designate, authorize or employ persons to | more efficient government of the rebel States, It resumed the search for evidence to constitute | tor Fowler to request him either to resign or with- | perform the duties of certain offices temporarily, | has been assumed in argument by the Managers that another articie against the President. They hope to thus confirming the authority conferred by the pre- | the President in his: answer claims not only the . hold his vote on the final question on impeachment, der the constitutic Tit be able to mak Sh priors: imi ceding acts. conclusion, therefore, is that as the | right under stitution to remove eMicers make out a charge of bribery. s extra- | met with no better luck than the Missouri delegation | President had a legal right’to remove Mr. Stanton, | at his pleasure and to suspend officers ordinary proceeding on the part of the Managers | that waited on Mr. Henderson. The Tennessee | DOtwithstanding the act of March 2, 1867, he had the | for inde init Periods, ttt, ise 0, all does not appear to give Mr. Johnson any anxiety, and | radicals began to argue with Mr. Fowler not alone | ight to issue the letter of authority to General | oMices thus created for indelinite periods; | & Sh te world tens ‘eo ta deal that th 1 Thomas to discharge the duties of the Department of | claim, which, mitted, would practically deprive ‘ell known that he ts desirous that the supple- | the necessity of removing President Johnson, but | War, under and by virtne of the act of 1795, | the Senate of all power over appointments and mentary inquisition be continued. Sofarashisown | giso the strength of fact anq evidence put | It has been urged, however, that the six | eave them in the hands of the President alone. The acts are concerned, ihe welcomes the investi Months’ limitation in the act of 1795, and | President does claim the power of removal, and that Ps x fe: abot va forth by the Managers in the prosecution | expired before the 2ist of February, 1863, in conse- | this includes the power of suspension; but a careful pr ge as oes a oe a ar * bi as being of so convincing and incontestable gains - the ap) Leer npr anny pe hy Secre- former bie ery pd ration fang fee a methods now being us y e re tary of War ad interim on the 12th day of August, | 20 other po an that nie! y the act of Fepublicane to infucnce the totes of, Senators | character as to leave no room for doubt in the mind | ay Of eanumable to nee the force OF {hie Srauteene | 1105, 10 eee chlor in tis departments tompors- ‘wil be-saliiited. Ti fe understood thet wit of any man that Andrew Johnson is guilty of every- | whatever may have been the opinion of the President | rily, and for a period not exceeding six months, not wut undens lat several wit- | thing alleged against him. Senator Fowler inter- | as to his power of suspending an officer under the | by appointment without the consent of the Senate, nesses will volunteer their testimony to the Board | raptea the loquacious delegates anti told them he | Constitutlony and I am of the opinion that he had no | but by designation, us described in the act, a power of Managers in reference to certain acta of the im- | 7» sey: such power. He clearly had the right to suspend Mr. | conferred by Congress, and which can be taken away felt no desire to hear any more arguments for the | stanton under the second section of the act of March | at any time if tt should be found injurious to the Peachment leaders to induce Senators to change their | yrosecution—that he had already heard quite enough | 2, 1867, and must be held in law to have acted by | public interest. Even, however, if the claim of the views and purpoees, and that his oMcial career and effect. Nothing would be necessary to annihilate all example have been to injure, degrade. and de. participation by the Senate in appointments except | moralize the country, and I believe that his removal to call the appointee in case of removal an officer ad Re ofties ell fpr oe. JP Sener Pcie = ‘énterim—that is, an office 1to hold until tt suit the | CMs! aoe Sais ose of the President to send & nomination to the peace to thenation,, 1 nat whic! is willing to agree, Untiring and exhaustive researches on behalf of the President do | THE FEELING THROUGHOUT THE COUNTRY. not show, and I venture to assert that not one single instance can be found in the history of the govern- Pol Vposg @ head of a a Crberces rcalyerat ing An Illinois Radical Congressional Convention moved and a successor appointed w! nate tion. was in session without the advice and con- stamape May 14, 1868. sent of that body. Nothing is clearer to my seanteren, %, 1088. me een ae power: ae) aye ret) oe os Information has been received that General Farns- officers of the countr; ing the ion © | worth, of Illinois, was nominated for Congress yes- Senate is one thing and his power during the recess “ial is of the Senate isanother and a different thing. When | teTday by the district which gives the largest repub- the constitution says that the President may fill up | lican majority in the United States. all vacancies that may happen during recess of the The convention adopted the following resolution :— Senate, it certainly confers upon him a power which he does not possess and cannot exercise while the Resolved, That the evidence in the impeachment Senate is in session. When removals have been | °f Andrew Johnson is suficient to warrant his con- made during the recess of the Senate, it has been alent and the good of the country demands his re- argued that vacancies made in this way have hap- | ™Oval. pened, therefore they could be filled temporarily b; The President. ‘But now it 4s proposed ty. Duilding The Colored Methodists of Washington on o includ se i a Es a a one eee y on another, A Pe eee) Impeachment. as well as e recess, an so abrogal WASHINGTON, May 14, 1868. the authority of the Senate and invest the Executive ‘with absolute’ and despotic | 1M yesterday's proceedings of the General power. I am very certain that the practice | Conference of the African Methodist Epis. of removals and temporary SEDO, stands | copal Zion church, now holding its sessions upon that clause of the constitution which refers to < the recess of the Senate, and, in my judgment, it is in this city, the colored divines indulged them- not be pelemp departure from the precedent, but a | selves in a political digression. Elder W. F. Plain vi Cone of ne Sonatitution to make one of its | Butler moved that Friday next be set apart as a day iso and equally be w ceusion of the Senate Cougea! | of fasting and prayer in all the churches to petition 2 {eatio) we bao not delegate any such power | Jehovah to inspire the Senate with wisdom sufiicient ie President. Cot May vest the appoint- der av cf rains! ment Gf aetain infetaso mite ta the fed ed from on High to render a verdict of conviction against alone, in the courts of law or in the heads of depart- Andrew Johnson, that he may be removed from the aed but Con: F en no or eae the power Chief Magistracy of the United States. He said he fe, President of remov: and appoint- | nad just learned with profound regret that the Sen- ing a head of a department without the advice of the Senate than it can veat the power in the President to | #t¢ lacked a suMcient number of votes to convict the make 2 treaty without the concurrence of the Senate. | President, and had therefore postponed a vote until Mr. Williams held that the practice of the govern- | Saturday. It had been sald that millions of money ment was not inconsistent with this view, and | have been’ sent here to buy up republican went on to cite various cases, He sald that although | Senators, and nothing short of the wer ad inerim appointments had been made they | of Almighty God could direct. the par to were not the result of removals from office. | success. His only hope was in the Saviour. He pro- After arguing at length to prove that the President | posed that they devote one day to endeavor to bring violated the law he referred to the claim that the | about a verdict of conviction, Resolutions were then President had the right to test the constitutionality of | adopted appointing Friday as a day of fasting and a law, and while on this subject said:—Whatever rayer. Mr. Logan, of Syracuse, N. Y., said that he may be the correct view of this question it must be had been in consultation with the Bishop of the admitted that if the President violates a penal law of | Methodist Episcopal Church General Conference, aiso Congress he does so at his peril. When impeached | sitting here, and they had decided upon aiding the for such an act, if the Senate upon the trial hold the | movement for conviction by having a grand demon- law to be unconstitutional and void, he must, | stration of the colored people on Friday night next, of course, be acquitted. But if the Senate | which was adopted. hold the law to be constitutional and valid votes, virtue of the lawful authority thereby conferred, resident did go to the extent alleged, it is not | it. must necessarily convict. Any public | Senators for Conviction Endorsed by Massa- ‘The Iilinols Congress’ nat delegation were engagea | 1",'he High Court, and with a few words by way of | Tore’ especially as he saW fit to conform in all re: | made a charge against him in. the articles | omer or private citizen may test the vallatty of a Ghnellita teadivale, j Side™a” iat tage rebuke to the impertinence of his radical advisers, | spects to its provisions, The action of the Senate | of impeachment, and however objectionable and | criminal statute by {ta violation; but in so doing he Ss. 8. to-day in preparing etter which they pro- | the senator turned on his heel and left, The radi- | upon that suspension restored Mr. Stanton to his | reprehensible any such claim might be, he cannot be | undertakes to suffer its penaltios it upon its trial, tt SALEM, Mass,, May 14, 1868. Posed to deliver to Mr, Trumbull. Upon fur- | cais are unanimous in conceding Fowler to the anti- | Ollice of Secretary of War. This suspension cannot | convicted of a high misdemeanor for the assertion of | is upheld and enforced by judicial authority. "To A large and enthusiastic meeting was held here be considered as a removal, and the subsequent re- | an unconstitutional doctrine, if he has made no at- impeachers, Moval on the 2ist of February created a Yacancy inthe | tempt to give practical effect to it, especially with- ‘The business of waiting on doubtful Senators by | office from that date. ‘The designation of Gen. Thomas | Out a case against him and a trial upon it. [am un- the step. The obstacle in the way seems to be a want ; cannot, therefore, be considered as a continuation of | Willing to close the consideration of this remarkable delegation, and bullying them into a certain course | the original resignation of General Grant on the 12th | Proceeding before adverting to some of the points pba part of the delegation. Those who | of action on impeachment, has become one of the | day of August, 1867, But even if 1am wrong In tls | which have been presented in the argumeut. ‘The ppcee sud) lon take the view that it is highly out | most monstrous nuisances in the political life of | conclusion and the President had no power by exist- | power of Impeachment Is conferred by the constitu- of propriety to attempt to interfere with the Sena- | washington. Fancy a crowd of seedy office seekers | 28 laws to appoint a Secretary of War ad interim, | Won in terms so general as to occasion great diversity torial duties of any one, and particularly in a matter syn. y y yetif Mr. Stanton did not come within the firsi | of opinion with regard to the nature of offences wi Ge Sendtce i ” hi ss and carpet bag adventurers, calling on such men as | section of the act of 1867 the second article fails, | Which may be held to constitute crime or misde- ere the Senator is moved by his convictions of | prampuil, Feasenden and Fowler, and endeavoring | ‘The gravamen of that article is the violation of the | meanor within its lutent and meaning. Some con- Justice on a question of so great responsibility as de- to induce them to forget their oaths and vote in such | Coustitution and the act of March 2, 1867, by issuing tend, and with great force of argument, both ypon termining the guilt or innocence of the Chief Magis- the letter of authority with intent to violate the con- | principle and authority, that only such crimes and th @ way as will be most conducive to the | stitution, &c., there being no vacancy in the office of | misdemeanors are intended as are subject to indict- trate of the nation in a trial of impeachment, pecuniary interests of the set of political | Secretary of War. If a legal vacancy existed the | ment and punishment as a violation of some known + Some fears were entertained last night that the vote | joafers that infest Washington. Some of th material part of the accusation is gone. A letter of | laws. Others contend that anything is a crime or on impeachment would be postponed again on Satur- b ese | authority such as that issued to Thomas is in no | misdemeanor within the meaning of the constitution day, on edhiliah of the. i “ fellows have talked to Senators with the | sense an appointment to offlce, as understood by the | Which the appoimted judges choose to consider so; y, on int of tl mess of several Senators. most provoking insolence. Mr. Fowler, who | constitution. If it be, then the power to tssue a let- | and they argue that the provision was left indefinite ‘This morning, however, it looks as if final action will ter in any case without the consent of the Senate | from the necessity of the case, as offences of public be had on the day fixed. Dr. Biss, the physician of | {&,Y¢°Y amiable and good natured gentleman, was | Cannot ‘ve conferred by Congress, It it be, the acts | officers injurious to the public interest and for which Senator Howard, reports that the Senator ts much forced to declare yesterday, on the occasion of the | of 1792, 1795 and 1863 are «unconstitutional, | the offender ought to be removed cannot be accu- ‘Tennessee delegation calling upon him, that ifasim- | The sixth section of “Act of March 2, | rately defined beforehand; that the remedy pro- better to-day, and gives it as his opinion that he will | jar crowd sceks another interview he shall order | 1867,” recognizes the distinction between an | vided by impeachment is of a political character and be able to go to the Senate on Saturday. Ifnecessary | them peremptorily away from his doors Fall appointment and a letter of authority. The Ss ~«§ the Speen at of the public against un- ill be there cma beaks: @eniato® "Ooukit peremp' teps. ing | practice has been frequent and unbroken, both with | faithful and corrupt oMiciais, Granting, for the sake he wi carried NS | to receive the assurance they desired they began to in- | aud without authority of statute law, to issue letters 1s also greatly improved this evening, and there is duige in abuse and vituperative threats; whereupon of authority in cases of vacancy and temporary dis- yf the argument, that this latter coustruction is the aes = ‘4 . : True one, itmust be conceded that the power thus ability almost from the formation of the governinent. little doubt that he will be out to-morrow. | yf, Fowler, conceiving very properly that no grounds | fr hac been called Into use here. by the necessity of fae mets bed “ig 3 * fi Agel great abuse, especially in times of high party excite- Grimes is much better, and should he mect norclapse | existed for this unwarrantable species of address, told | always having some one at the head of a department. ‘will be in his place on Saturday. the principal spokesman if he had any regard for his There is no prohibiting such a designation in case of ment, when the passions of the people a. are inflamed against @ perverse and obnoxious pub- ‘@ vacancy in a department. the President had no Should all the Senators be present, as expected, | seis.respect not to maxe his appearance a second | authority to issue the letter in this individual case it te officer. ao it : @ power to be Aedes with extreme caution when you once get beyond the line there seems to be no reasonable ground for further | time on such a mission. Senator Henderson had | Was at most a paper having no force and conferring delay; but it will not be at all surprising if the vote | seyverai visits from a Missouri delegation. On the | 20,PoWer. It was no violation either of the con- of specific criminal offences. The tenure of public 0 Dor mag ~~ ofice, except that of judges, ia so limited in this stitution or the law. @ fact that on the is not taken on Saturday. The republicans are de- | ret occasion they kept within the bounds of de- very next day a nomination was actually cay fund the ability to change tt by: popular sui so great that it would seem hardly worth termined not to risk a vote until they are certain | cont ianguage, but in another visit which they | sent to the Senate, though, as the Senate that there are enough Senators to secure conviction, | mage yesterday one of the company, General Pile, had adjourned, it was not communicated until the while to resort to so harsh a remedy, except in oa i tN y extreme cases, and then only upon clear. and succeding day, goes to show thht t : and they will hold out as long as there is the slight- | became go offensive that Mr. Henderson promptly | been novlesign to give anything ont thee td cata eapates one 4 In ee er - an rie Chief Magistrate of a great and powerful people living est hope of obtaining this. Every day of delay is, | pominaed him who he was addressing, and made | porary character to the appointment. To hold that they think, favorable to them. They are anxious | pire very sensible of the inefficacy of his attempt | #2 a¢t of such @ character, prohibited by no law under a written constitution there is mach more at 4 : stake in such a proceeding than the fate pf the indi- ie tf ct fe that pubitc opinion from the States should reach the | +) drag @ high toned and conscientious Senator ee LaSnaetiion of pen at wale tee Prewiicur vidual. The oMce of President is one of Goubtful Senators before @ vote is taken, because | Gown to the level of his own peculiar views of justice | mtgiit well be justified in believing authorized by ther consideration it was determined to allow any person not sot judicially, when ar- | this evening in support of the Senators who, it is give the matter more thought before taking 4 raigned for crime, to plead in bar of prosecufion his a 4 mistaken Opinion of the justice or valrdity of the law, SS ie enter aan fe oe would be to deliver over'the land to anarchy. Two | Johnson. General H. K. Oliver presided. questions ouly as to this law are before the Senate; | _ Resolutions setting forth the alleged misdemeanors one Is, Is tt constitutional? and the other is, Has | Of Andrew Johnson, referring to the fidelity of those it been violated by the President? Mr. Webster said, Senators who will vote for conviction and alluding in one of his great speeches, that “the regulation of | With mortification and shame to ‘those Senators the tenure of office is common exercise of legi-litive Moen Joined the: enemy” were unanimously authority and power.” Congress, in this particular, is a ec! Dot at all restrained or limited by anything contaiied 4 ,, THe resolutions were Rarer, SE AE ORE ny cree in the constitution, except as to judicial omcers; and | ¢9- B. Loring and Rev. Willard Spatding. = ~~ lam very sure that the Senate, after having three times decided by more than a two-thirds vote of the members present at each time that the Tenure of OMice act i# constitutional, will now regard thai question as res adjudicata. Has the President broken any of the provisions of this act? Nobody denies that the body of the first section, which pro- vides that every person appointed to oifice By and with the advice and consent of the Senate shail hold until his successor is in like manner appointed and qualified, embraces the Secretary of War; but an at- tempt is made to construe the proviso to the section so 648 to exclude that oifice from the pro- tection of that act. To maintain this ¢on- struction reliance is simply placed upon some remarks of Senator Sherman in connection with the bill, I presume, on this account, it may be ar yend for me to say that | introduced the original ti and had the honor to be chairman of the com- mittee of conference by whom this proviso was re- ported. When the bill passed the Senats the heads of departments were expressly excepted, but the House of Representatives amended it by striking out that exception, and the conference committee agreed to the House amendment, with a modification as to the time during which such officers should be under the protection of the law. ‘There was no suggesti or intimation in the committee that the act did not apply to Mr. Johnson’s Cabinet; and the only purpose of the proviso was to put a limitation upon the holding of Cabinet offices, and that in its fair construction great stress has been put upon the words “except as herein otherwise provided,” just preceding the proviso; but the fact is that these words were in the bill before the proviso The Maine Radicals Indorse Senator Morrill, Avausta, Me., May 14, 1868, A large meeting of republicans was held here to- night, indorsing the impeachment of Andrew John- son. Ex-Governor Cony agent over the meeting. Resolutions sustaining Impeachment and endors- ing Senator Morrill were unanimously passed. ‘The Missouri Sailors’ and Soldiers’ Conven Desire Conviction. Kansas OIry, May 14, 1808. ‘The soldiers and sailors of the Sixth Congressional district in convention to-day elected twenty dele- gates, and two at large, to the Chicago Convention, in addition to declaring for General Grant for Preat- dent. The following resolution was adopted:— 4 Resolved, That the delegates from the Sixth Congressional district to the Soldiers’ and Sailors’ Convention to assemble in Chicago on the 19th inst., are hereby instructed to withhold their support in said Convention from and to vote against the nomination of any members of the United States Senate who shall aspire to the Presidency or Vice Presidency and who have voted or may vote against the conviction of Andrew Jounson upon the charges for which he is now being tried. The Feeling Tennessee. the great co-ordfnate branches of the gov- i ts NASHVILLE, May 14, 1868, ernment, having its defined powers, privileges they suppose it will have great effect upon them. dnd morsitty exist ng law by a i ara Justifying = a as i ee fee very en was seca, eae oo to the fourth section, and Much interest continues to be manifested in the of ¢ removal of the President of the United States | work of the governme! other, and to be | therefore, instead of being an exception, the proviso . It is shrewdly suspected that the rival candidates ‘Another Radical Plot Being Hatched. from otiee, would in my Judgment be ininselfa | touched with as careful a hand. Anything which | is @ mere qualification of the general words of the | /Peachmnent trial, ‘The mass of republicans desire conviction. The democrats desire acquittal, though they believe that conviction would beneiit their, cause, " of Ben Wade for the Vice Presidency nomination are | nis was evidently a busy day in the radical camp, | Monstrous perversion of justice, if not of itself a vio- anxious to have conviction postponed until after the as those Senators and Representatives who have ap- lation of the constitution. The first two articles fail- ing, the third, fourth, fifth, sixth, seventh and Chicago Convention. By keeping Wade out of the | peared to be especially anxious that the impeachment | eighth must. fall with’ then. The. thinl differs White House they suppose his chances for the nomi- | tri) should come out all right—that is, for convic- | from the second oniy in allegution that the mation will be diminished and their own correspond- tion—were flitting abont ‘he city in the most President appointed Lorenzo Thomas Secretary ad . As Wade fen -tn the Geant r interim without the assent of the Senate, that bod ingly advanced. As Wade's enemi Senate | energetic manner. The War Department was | being then in session and there being no vacancy in are very powerful as well a8 numerous, it may be | Doartieniariy favored with their presence this | said office. ‘The answer to this allegation is, it was that some pretext may be found for further post- morning, and Mr. Stantor has been entertain. | 20% 90 appointment requiring the consent of the - Senate, but a simple authority to act temporarily; Ponement on Saturday, even If the sick Senators are | ing 9 sort of political suryrise party ever since | and in’ the second, there was wlegal vacance in the present. the opening of the Departm@t. From the activity | Mice existing at this tne. Of article four ti is sum. A private dinner, tt is understood, was given last | Or ine impenchers it is though that some new move. | ‘elt tosay that there is no evidence to. sustain. It There is nothing bearing upon it except the idle tall evening by Chief Justice Chase at his residence to @ | ment is being inaugurated, of which it is desirable | of Mr. Thomas himaci of what he intended Arg mumber of Senators, among whom were the doubtful | +, nave the opinion of the bading radicals in the | and he testifies under oath that the President never ones. This has produced a fresh panic among the city. What that movement is will only be fully de = i peng use of foree. What was Ampenchers this morning, a8 they regard Clase as | Vio eq on next Saturday. [ertain it is that the | Me 'Stantnl, moe cena at Of doors, not to Mr. Stanton, nor communicated to him by message. belrig the chief conspirator in the efforts to break uP | jeagers of impeachment havé found a source of en. | The interviews between General. "Thomas ard their party. It appears that the thing was not ais- couragement somewhere, and most of them display Mr. Stanton were of the most pacific char- e it, when th ests acter. The reply of Mr. Stanton when the letter beri parang win much greater confidence in tip ultimate saccess of | of the President was delivered to him, was a motive of the Chief Justice were about leaving his hospita- | their plans than they have town since the post. | to repel the idea of resistance, and the testimony of ble mansion. Some of the numerous spies whose | onoment of the vote of last ‘hesday. General Sherman shows that ‘the President, did not business it is to watch the movements of the anti- anticipate resistance. It is essential to the support conduces to weaken its hold upon the respect of the people, to break down the barriers which surround it, to make ft the mere sport of temporary majorities, tends to the great injury of our government and inflicts a wound on constitutional libert; It_ is evident, then, as it seems to me, that offences for whi hief Magistrate is removed from office, and the power entrusted to him by the people, transferred to other haods, and especially where the hands which receive it are to be the same which take it him, should be of such a character as to com- itself at once to the minds of all right think- as beyond question an adequate cause. It e free from the taint of party, leave no sonable grounds of suspicion upou the motiv of those who inflict the penaity and address itself to the country and the civilized world as measures justly called for by the gravity of the crime and the necessity for its punishment; any- thing less than this, espectally where the offence is not defended by any law, would, in my jadg- ment, not be justified by a calm and considerate Public opinion as a cause for removal of a President of the United States, and its inevitable tendency would be to shake the faith of the friends of con- stivutional liberty in the permanency of our free institutions and the capacity of man for self-govern- section. Ido not see how it is possible to conclude that Mr. Stanton is not protected by the body of the section or proviso. Mr. Williams argued at length that Mr, Stanton was entitied to the protection of the act, and recapitulated all the events that trans- pired from the time of his first suspension and the ad interim appointment of General Grant to the attempt to remove bim on the 2ist of February. Mr. Williams insisted that the Senate by refusing wo with his suspension on the first occasion and by its vote after his attempted removal had itself decided that Mr. Stanton came within the meant of the law. The President himsetf, by his official acta, had recognized this ition. Continuing, Mr. Williams said:—The President cannot hold and treat Mr. Stanton as his Secretary of War for two or three years and then, when questioned for an illegal ac! y or through such Secretary, deny his ofici; haracter and relations. If he was the President's Secretary of War for executive purposes he was such Secretary of War for the purposes of Congress. Much discussion has taken EE in this case as to the intent of the President. re is nothing of this juestion. His intent was to transfer War partment from E. M. Stanton to some other person of his choice without the consent and in deflance of the will of the Senate. This is ob- Kansas Radicals Threaten Recusant Senators with Social and Polical Execration. LAWRENCE, Kansas, May 14, 1868, Ata radical mass meeting held here last night resolutions were adopted by acclamation demanding the immediate conviction and removal of President Johnson and denouncing as worthy of political and social execration those republican Senators who shall fail to vote for conviction. Impeachment Attninder. (From the Providence Journal—Senator Anthony, radical~-May 14.) ‘The radical distinction between these two methods of procedure seems to be strangely forgotten at the present time. An impeachment Is @ legal process, tn which one branch of the Legisiature zs the accn- sat! while the other branch, sitting in a judicial capacity, and under the sanction of a solemn oath to render impartial ic according to the law and the testimony, tries case, Am act of attainder, on the 4 “4 of this (foarth) article, and also article six, that | ment. Otler offences of the President, not specified | vious and undeniable, and every Senator must be- | other hand, i# a legislative process, being introduced impeachers and doubtfi Senators happened to be | , OPINION OF SENATOL FESSEYDEN, intimidation and threats should have been contem- | in the articles of impeachment, have been prepared | lieve it. The pretext that all his proceedings for the | in elther branch and Pi throngh the same about \nst as the dinner party was breaking up, a plated by the parties charged with conspiracy under | by the Managers a$ showing the necessity for his | removal of Mr, Stanton and the appointment of | a#any ordinary bill. Ii oer agpreye er ite hence the discovery. All sorts of statements are 5 t the act of July 31, 1861. These failing the charge | removal. It might be sufficient to reply that all | Mr. Thomas was to get a luw suit is @ shallow and | cal :and not in any sense judicial. Acts of WASHIPTON, May 14, 1868, fails with them in both articles, As to the fifth and being se t afleat as to what was sald and done at = In secret session of the Senae on Monday last Mr. seventh articles the atteinpt is made to sustain them dinner ; arty. Among others, that the new political # erate | ‘under a law of Congress, passed February 27, 1804, y of witich Chase was to be the head was fairly Fessenden spoke at considerale length against im- | extending the criminal ‘laws of Maryland over so nized.) Amother ts that the Senators who have peachinent. He reviewed the jhole case, articie by | much of the District as was part of tiat State, inas- fame aoe _ | article, stating in regard to te first articte, which | Much as the common law was, Ko far as it had not mn hesi iting were finally persuaded to go for ac: “ vith atbmpti been changed by the statutes of the law of Maryiand, quittal, w.vin tne understanding that in. the new | Charges the President with athmpting to evade the | on conspiracy or misdemeanor. The President though long disused from mantfest Labi! oppression, are still recognized as a of lish law, but are expressly forbidden by the constitu of the United States, The extraordinary attempt, disclosed ini our columns yesterday, to manutacture Syed sentiment for the of bri le pressure to bear w mators engaged in the performance of sac! isdicial functions, seeks such were long prior in date to those charged in the fully investigated in the House of nd were at one time decided by a Bary of the learned ‘Committee on the Judiciary, in that body, to present no sufficient gronnd for im- peachment aud were finally disunis by the House as not affording Cag | cause for such @ proceed by a vote of nearly, if not quite two to one; but it is miserable subterfuge. One Venn made ts, the President has not removed, Mr. Stanton. Mr, Stan- ton was elther removed or he was not. Ifhe was not removed, then the appointment of Thomas was @ clear violation of the sixth section of the Tenure of Office act, for it was an appointment to fill a vacancy, Assuming that the Tenure of Ofice act is valid and applicable to Mr, Stanton, then the President could 9 Tenure of Ofice law, that it ws obvious that the | is charged with @ misdemeanor by con- | euough to say that they are not before the Senate, remove him, Sw Mr. Stanton, to avoid a | simply to convert an impeachment into an attainder, church they**would hold high positions whatever took position of the Managers waa construction that spiring with Mr. Thomas to do A act | and that body has no right to consider them against |] conflict, under the Caters of the 2ist of February had | and is thas not only an out ‘upon public decency, Place. The €ffect upon the impgachers is very de- made unlawfal by the act of March 2, 1867. This is | him, The President has had no opportunity to de- | given possession of the War Office to Mr. Thomas, He | but in direct violation of the supreme law of the moralizing. Would lead to a life tenure of olce—a supposition at | the only interpretation which Lam able, with the aid | fend himself or even to enter his denial, }-would sull have been Secretory of War, because those | land, it deserves the severest reprobation Answer of | }eviator Henderson tothe Missouri | V9" With the nature of our govrnment. The power | of the arguments of the Managers, to place upon | ‘To go outside of the charges preferred and | orders were illegal and void. What the Tenure of | of all who cherish a love of justice or the least regard to convict him because, in our belief, he com- mitted offences for which he is now on trial would be to disregard Mpg nn le which regulates judi- cial proceedings, and would be not only a wrong in itself, but ashame and humiliation to those by whom it was perpetrated, It has been further in- timated by the Managers that public opinion calls with a ioud voice for conviction and removal of the President. One Manager goes so far as to threaten with infamy every Senator who voted tor the reso- Office law intended to prohibit ana punish was action .of the President as to removals and appointments without consent of the Senate, 1, Of course, such action being in contravention of the law, would have no force, A great effort has been made to show that the removal of Mr. Stanton and the appoint- ment of Mr. Thomas were insignificant acts. ‘They might possibly be so regarded tf there were harmony an paneed in this country. Cot laws for the reconstruction of the lately in re- for constitutional liberty. ‘The Illness of Senators. From the Washington Intelligencer, May 14.) whe facts of the case about Wir. trims? illness as follows:—He was taken sick in the Senate Cham- yesterday with a dizziness in the head, but 8 Bessie teil Wirt out ae O'clock the dizziness returned, attended by namb- * these articies. Granting the itions assumed as Delegation. of removal must be found jomewhere, and it | tne foundations for the charges in these articles, meeded by all to be if its nature an ex- | th ust failif the act Senator He wilewon has addressed the following | W488 concede ey m fail if the Which the President pro: ‘waouri Con: onal Delegation:— ecutive power. He cited te opinion of the | posed to do was a lawful act and he did not propose letter to the M windiatne Cer, May It 18% earlier constitutional lawyer! and particularly | £0 accomplish it by unlawful means, The removal of Stanton is the means proposed in orde Guytieex— Wo 2p interview with you on day be- | that of Mr. Madison, that he power of re- | him from holding his omen, as charged yf ion fore yesterday,) that my position on the | moval belonged to the Present alone. Several 1 to take and possess the properiy of the United mous wish of {S. istom pares OF Ou Stat aa aa, | laws have since been enacted frich recognize this | States in his custody, as charged in the seventh ar- # 3 i has passed ticle, The right to remove him, theref lis ron feared —y balence and ip2lordshed might doctrine, Relative to the Tenth of OMice act, Mr. | of both articles. Ontaide of anyor these considera: | lution passed by the Senate touching the removal of | bellion, and thgexeration then al within he ie ness of one side and arm. Apprehensive of follow | the Pre o -smomettale og Fessenden said that act did it receive my vote } Hous 1 gh $0 Took apoa either of Mr. @tanton, and who shall DOW vote for the Presi. | diction of the War Department, rin Ditsorty ony Daralysis, he called for, assistance, and some owed my walion o jel 9 ing & charge si lent’s equi I. men ipon fe | them unconstitul and ittert| servant repo ut he an and expected sapport its men and | lwinally. 1 did vote to overtle the President's racy. The legal’ tdea eof a 'Soneplrecy we propriety of this, it is sufficient to say with to | totheir existence, Mr. Stanton is understood to be ba attack Tensor Hel measures in te co Wag canvass especially, and as T | veto, because I was not then at am not now con- | totaily inapplicable to the facts proved. ‘The Presi- deprecated tue coms anes rere ee saapaseh vinced of its unconstitutionalitypithough I doubted aah, i rp ae intends to remove a person from WwW, though pate fear cl 2 exercise of wel st tlhe Femults, yet, in order 20 place myself beyond the pos. | IS exPediency and feared that Hwould be product. | visions of a law, contendi that he hes a right to sible censure of tho % whom I knew to be my best | ive of more evil than good. Proper inquiry is, | do, pein | the law, and temporarily to friends, | at once Bro, yosert to forward to the govers- | whether the President in removiy or attempting to supply the vacancy thus created. He iasued an order ment my resignation .a¢ Senaior. To this you did | vwnove Me. stanton from the oke of Secretary of | % tat effect, and at the sane time orders another not consent; and I juested you, as wy friends, c y person to take charge of the office, who agrees to do to consult together ermine what you thought | War violated its PS Ak 4 in other words, | so, How these acts, done ander aclaim of right, was proper for me. €o do under the circum- 4 whether, if the lent had a right to remove | can be tortured into & cons iracy ander the absence stances. You did aud te result was | Mr. Stanton before the of any ific provision of haw declaring them to be ni on iorereste® a the a py rf . Such, 1s beyond my comprehension, Article eight is dis; by what has bee United States demanded tte immediate removal of ingariie. Article nine im ay ze ot myself that I not only did not vote for that resolu- tion, but opposed it® adoption. Had I voted, how- ever, it would afford no justification for convicti the President. If I did not, on examining and oo reflection believe him guilty, a de sire to be consistent would not excuse a violation of my oath to do impartial 91 » A vote ven in haste, with little opportunity for considera- ion, would be a lame apology for doing injustice to another after a fall examination and reflection. To the seggeatiog. ae I er ¢ —— 4 convietton of the President on these charges, 'y that he ia not now on trial before the poopie but be. fore the Senate. In the words of Lord Eider upon friendly to this legislation. He stands therefore in the way of the President, and his removal, and the the appointment of the executive puppet in his place, may involve the lives and liverties of thousands of inal" Pat a Pi sal Eel lon. | am surpi the opinion that the President is not imy oe for ‘thing that the law does not « acrime or a mi eanor; that he cannot be for a violation of the constitution. Suppose he should de- £ at yee itl at and was ra mers ok peel hm mation of the bowels. He ts treatment by DF. Hall OEFALCATION IN A CITY BANK. Andrew Jolnson, you ask ime to withhold my vote only without proof to support it, ‘actually dis- | the trial of the Queen, “I take no notice of what is c io Rumers—Reperted Recovery of oa ar de Of Pdi can po { oe tie to Fead nad Proved by the evidence. Referring to the atucies | passing out of dor, Because 1 am supposed, consti: | Suppose wat |b Pakeenens: wae acest eee pre Sonsider ie paper 1 fous Feouid wot, comply with coaim ie the duty: of ah a jyhom jnateta | the ausjes Bf He omes, "ie Cougtens oka Reriore: | _ There were strange end starting rumdra in Wall the request wi slegree of task is imposed to meet reprouch and pot court rate edness, corrnption treachery street yesterday afternooh, at a late hour, concerning shame to Which 1 Was @atistied you, aa larity.” The people have not heard the evid ¢ executive ome c 90 “one Be ‘here te we wonton Of 8 ¥ honorable mea, would not wish to subject we have heard it. The res; ity is not - I shall vote for conviction the me. | bad already a@poken in the Sen. them, but upon us, have not ver the Chics Magiotrete Of Chis ago, the teller of the bank in question being 4, | thong, usivety, at least so m to%iag od aca cient to aril iin = — eration ona ae soo ging howe co And viene on rat to fal “ia agk Famore, were to the vent ayalt wamiclenes x taken that oa rf the country, in speeches exites ve sole party inst the shfficteney of two ou jeavi i Tein doubt only as to one. If, with these cleat con- vee | {o law ‘ana defends root viowonce aud marten, for the... wased funds, and, thet & 8 Z $ 3 ? 2 imp penisninent 1 volte my n- | think he ought ‘con. 0 myself w the ho queation of taste or good manuers or tt intel ; those ed wom me nae = Te i rape earns oP ethiog ae at an < essed in fall sea: Tshowld now sit pitens, woud forfeit my own. respect and stand in BoeIERs be be) erie, pon perce to recor dee areas oe me, reflection reqnest ead le; your vat ™ ty required my vote to be kd cast eid, 68 might seem necessary, on some ie ve in} Omet: 1 She Mane * ald }—E nate va upon tae frotdon the of Him who @04, govern sno ee . oe 8 avr