The New York Herald Newspaper, May 18, 1868, Page 3

face p Tg = oi e that Johnson has indicated the precise party of the contemplated Cabinet appoint- oaueainenemameeenenD aie, Tae Saw, Sat Gal to se ot ennant abilities, challenge the confidence The Present’ Prospects of the seepe on nomen, a Case, _ mence Thelr Dirty Work, The Impeachment Managers will commence to- : 2 pe, or erent oamatp ey abo Expected Change in the Presi- fo determination of the Senate upon the articies of impeachment dent’s Cabinet. Denial of = Report About Chief Justice Chase. ‘There is no trath whatever in the report that Chief Justice Chase called yesterday on President Johnson to congratulate him on the result of the Senate's vote on the eleventh impeachment article. The following is the opinion of Senator Trumbull, Position of the Acquitting Re- publican Senators. The Impeachment Managers and filed on Saturday, in the impeachment case:— the Alleged Corruption of ‘To do impartial justice in all things appertaining to Senators. the present trial, according to. the constitution and laws, is the duty imposed on each Senator by the posi- on he holds and the oath he has takerl, and he who falters in the discharge of that duty, either from per- sonal or party cohsiderations, is unworthy his posi- tion and merits the scorn and contempt of all just meny The question to be decided is not whether Andrew Johnson is @ proper person to fill the Presidential office, nor whether it is fit that he should remain in it, nor, indeed, whether he has violated the constitution and laws in other respects than those alleged against him. As well might any other fifty-four persons take upon them- selves by violence to rid the country of Andrew John- son because they believed him a bad man as to call upon fifty -four ators, in violation of their sworn duty, to convict and depose him for any other causes than those alleged in the articles of impeachment. As well might any citizen take the law into his own hands, and become its executioner, a8 to ask the Senate to convict ouitside of the case made, Tosanc- tion such a principle would be destructive of all law and all liberty worth the name, since liberty un- regula; by law is but another name for anar. chy.. “Unfit for President as the people may regard Andrew Johnson, and much as they may desire his removal, in a legal and constitutional way, all save the unprincipled and depraved would brand with infamy and contempt the name of any Senator ‘who should violate his sworn convictions of duty to accomplish such a result. / Keeping in view the prin- ciples by which, as honest men, we are to be guided, let us ingiire what the case is. The first article charges Andrew Johnson, Presi- dent of the United States, with unlawfully issuing an order, while the Senate was in session, and without its advice and consent, with the intent to remove Edwin M. Stanton from the oifice of Secretary for the Department of War, contrary to the constitution and the ‘‘act regulating the tenure of certain civil oftices,” passed March 2, 1867, 1t will be observed that this article does not charge a removal of tie SENATOR TRUMBULL’S OPINION. The Feeling Throughout the Country. WASHINGTON, May 18, 1868, The Feellng in Washington Over the Vote on the Eleventh Article=The Carpet-Baggers Packing Up for Chicago. The chief subject of discussion to-day, with the cir- qes of pohtical conservatism here, is the extraordt-' nary and unprecedented action of the radicals on yesterday in adjourning the court while the verdict was in process of being pronounced, and had really been somewhat more than half decided. That this arrangement was cut and dried admits of very little doubt. Wiliams’ motion to put the ‘eleventh article first was ‘pending since last Tuesday, and was an eminently strategic move to secure a test vote on impeachment without allowing a verdict to be recorded. The eleventh artt- ele was certainly regarded by the radicals as the Strongest, and that being defeated it was easy to see the fate that was sure to befall the other ten, Wil- itams sprung his motion to adjourn os if by preconcerted understanding. The strong radical vote it received gave additional color to the impression that the matter had been provided for beforehand. Ofcourse if the vote had been proceeded with the President would have been acquitted; but the word acquittal not being found in the vocabulary of the impeachers, it ‘was necessary to try some desperate experiment to avoid such a contingency. But the people asks why adjourn the court? The country is not 80 ‘stupid as not to see that the President is virtually acquitted, and the subterfuge of the impeachers in Postponing the actual verdict, as desiring more time for reflection, ig regarded as too transparent to de- ceive anybody. Sound republicans characterize the action of yesterday as one more monstrous act of folly in the list of the many foolish deeds perpetrated recently by the radical party. Conservatives de- nounce it with indignation as a most flagrant Piece of partisanship; as the expressed: resolve of thirty United States Senators to filng the obligations of their oath aside, and prevent, by every means within their power, the rendering of justice to the man they have been sworn to try after a fair and judicial manner. And now it is asked, what is the object of the adjournment? And to this question a dozen answers are suggested. First, the Chieago Convention desires to meet and separate without being compelled to admit that impeachment has failed, as according to all radical predictions it cannot possibly fail while there is # single article left to vote upon. Then, by placing the prospect of Ben Wade's suc- ceeding to Andrew Johnson posterior to the Chicago Convention, and thus to some extent nullifying his chances of being placed on the ticket with Grant, fome of those Senators fostile to Wade and favora- not made an oifence by the Tenure of Office act or any other statute; but, treating it as if the Presideni’s order had been ‘obeyed and an actual removal had taken place, would such removal, had it been con- summated, haye been a violation of the constitation irrespective of the Tenure of Ofice act? The ques- tion of the power to remove from office arose in 1789, in the first which assembied under the constitution, and, except as to oilices Whose tenure was fixed by that instrument, was then recognized as belonging to the Pres- ident; but, whether as a constitutianal right or one which the Congress might confer, was lett an open question. Under this recognition by the Congress of 1789 every President, from that day till 1867, had exercised this power of removal, and its exercise during all that time had been acquiesced in by the other departinents of the government, both Jegisiative and judicial. Nor was this power of re- movai by the President exercised only in the rece. a: of the Senate, as sume have supposed, but it was fre- quently exercised when the Senate was in session, and without its consent. Indeed, there is not an instance on record prior to Pi of the Tenure of Oilice act in which tie consent of the Senate had been Invoked simply for the removal of au oificer. It is appointments to and ble to acquittal, because of their aversion to the anon dl the Senate, nor President pro tempore of the Senate, might change | her, 1300, the Senate having been in session from the thelr votes to conviction, if it could help any other | 17th of November preceding man but Wade on the ticket with Grant. Again, it ey, Lis pine mage che is said, the Arkansas Senators and those of several | tary of state.” Here was @ positive dismissal of & other Southern States will be admitted very soon, and enrolled among the judges in the High Court, thus insuring conviction beyond peradventure. Their ad- mission ts not likely to take place before the next meeting of the court, but the court can be conveniently adjourned to take’ them in at another time. It is also sald that various charges are to be trumped up about corrup- tion on the part of the republican Senators who | APPumtment of doun Marshall, voted for acquittal, and their expulsion from the reanrat of Picker! Senate demanded; and this being carried through, | Shall was n the road to conviction would be easy. All this con- stitutes the Sabbath gossip of Washington, and much more is no doubt attributed to the impeachers as their motive for postponing tne fate of Andrew | the 19th of December, 1 Johnson. pmo = the ‘toe the Since the termination of the impeachment bug- M ee Ling aboo has been postponed until ‘‘a more convenient ek * Lng season,” somewhere in the dim future, there seems to be no pressing necessity for the presence Seed Bastin. june 20, of the army of carpet-baggere that has been | jsaac quartered in our midst for the past two or three weeks. Thay feel that their “occupation has gone” to some other locality, and they are following it with wier, at Ne the least possible delay. The hegira of these politi- | Postmaster at New ( Steever, eal locusts commenced yesterday, bat the grand | Postmaster at Muwaukee, all of whom had previously Fush was reserved for to-day. Tne evening trains | of the Reamce, ware ooveraiiy romevel tr the eee: for New York and Baltimore were literally stuffed | dent during the sessions of the Senate in 1860 and ‘with carpet bags and their owners, most of whom are en roule for Chicago. President Jounsen and His Cabinct. The following statement is predicated on informa- tion derived from highly respectable sources:—It is generally known here that some of the members, if not all of President Johnson's Cabinet, have signified ‘8 willingness to retire from ofice, and hence there is much speculation on that subject. Promi- nent gentlemen of both parties, in conversa- 1861, of special agents, and it was not till some time after removals that nominations ei ai the al du thing in the histot uy oF the wer of nates ageing the tenure of the offices it establishes and make them able boy a the hoo the aren oy —“ of the \- jent Senate together, or expiration of fixed period, | entertain no doubt. ‘The pe Mon reeenty, agreed. in ‘sentiment hat much | Bucky atne sta Sega exc ye of the trouble between Congress and the President Senavaie for crimes and misdemeanors; and if the constitution admits of removais in no other way, then a person once In office would hold for life un- ed, @ construction which all wouid ad- Fprings from the defect of the Executive administra- tion under our present form of government, and that if the ministry here, as in England, would retire and give place to onein accord with the expressed will of First Co: the creation of the ment people, we shonid have had peace long ago. Recon- War, in 1749, recognized itas existing in oe wing straction under the President’s plan having been re- | dent, by mreyeaag that the chief clerk should t jected, itis now thought by Congressmen of both par. | form the duties of the principal officer, called a Ree. retary, “‘ whenever the said Baten o in wy orner’4 4 of vacancy. or case 0 act the power of the ties that he will agree to admit Southern representa- tives in any way practicable, in order that the na- tional in terests of the South may be heard and cared for in Congress, tary of War, either du the recess or jon of Position of the Senators Who Voted for | tion in tint respects and waster iene an yea ° Acquittal. Power bel to the it, under the ‘The statement that the President has made any rw — statute creating tthe Office, is not Promises to conservative Senators voting for his | material so far as relates to the power ‘acquittal, to support or aphold them by the power of 4 J ss og dM, ti ae re hat omoer. his administration, is untrue, Tenure of Uiiice act, March 2, 1867; andhad the Prax. ‘Those oy greed soa sepa oem at fer tet Logg 2 for songs of thes one . ry claim to be as d ly oppored to President John- passage woul son's political course aa are the moat earnest raai- | Waniiy, Pe, contended by au ol, OF water he bot pote prosering. tn known tha ty | Sn prs Hee Bea SS le nota political pt they claim to’be as determined to carry out the Congres- | Dia tnat act, covetinntionst aca eee coi et aN #ional policy as are their more radical colleagues, | to be, =. the law so far as it related to a Secre- but they do not think that the President Tiade by a forme Prealaoae arcing Peolntment either can or wilt attempt further obstructions. | farm whlch. Sues Maseha ser” fe ieeeisemtal They hope and believe that he will change his Cabi- Wy Sim) seston ot ho 00s n= f Det to a great extent at least, and by a more liberal i i H i i polley 99 better gecord with Congress. But hatines hy do @ in tls bahar han hed and can hgve no effect on thetr judgment in passing on the articles of im ment. Prenpeeta for a New Cabinet. Tf, it ig sald, jhe impeachment had not been pend- i i i i pods noe re gen mea Shee moe er, subject by and with the since designated, composed of the most pe 2 t tinguished and eminent men of the country. It should the Senate? abpolmted "Mr Stanton Seortany of df not, therefore, create surprise if a thorough change <= Cope ag ns a him mall be made in the complexion of potttical affairs, | to hold the omee “during the pleasure of th presi. If these conjectures should be realized tt will remain | was never reappointed, elther by Mr. Liner “ae for the Senate, in view of the probable defeat of is re-election, of by Mr. Johnson since Mr. Sea tart te accept oe reece enment on the | jar, Lincoln after ‘is second term comp 4, ome DY . what, if offered ‘Mr. Jonson after Mr. Lincoln's deat jot be and accepted in good faith, must soon ead | Cdustrued a8 © reappointment during Aen . Secretary, but only an intent to remove, which ise 3 it ‘] : i iy i BA, i It has been argued that this is Mr. 's term. If this be so it was his term, and not the term curing which Mr, 3; but if this be Mr, Lincoln’s and not Mr. Johnson's term, when will the “term of the by whom Mr. Browning and the other Cabinet officers since Mr. Lincoln’s death expire? Mr. Lincoln never ap} pointed them, and if they are to hold “du the term of the President by whom they were ited [ro oer Jordin to tis theory Mr sennect, fh acco! 5 President by whom they were appointed, never had aterm, and we have the anomaly of a whom the office of President is devolv« 1s impeached as President, and whom the Senate is asked to convict as President, who has no term of office, The clause of the constitution which declares that the President “shall hold lus ofMfice-during the term of four years” does not mean that the person holding the office sha'l not die, resign or be removed during that but to tx @ term or limit durin; which he may, but beyond which he cannot, hi the oiflce. Ifhe die, resign, or be removed in the mean time, manifestly the term, so far as he is cop- cerned, has comet) an end. The term of the Prest- dential ottice is four years, but the constitution ex- pressly provides that different persons may fill the ofice during that pei |, and in popular language it is called the term of the person who happens for the time bei: sible for of War for ras son on and who tobe in the oitice. It is just as impos- » Stanton to now serve as Secretar; the term of the President by whom he ‘Was appointed as it is for Mr. Lincoln to serve out the second term for which he was elected, Both Presidential term of the President who appointed Mr, Stanton and the person who made the appoint- ment have pi away, never to return; but the Presidential office rem: filled, however, by an. other person, and not Mr. Lincoin. It apparent that so much of the proviso to the first sec of the Tenure of Civil Outice uct of March bapa! as authorizes the Secretary of War to hold e office for and during the term of the President by whom he was appointed is inapplicable to tue case of Mr. Stanton, Bs what tenure did he hold the office on the zlst February last, when the President issued the order for h'sremoval? Originail; acer to hold oitice during the pleasure of the ‘ident for the time being, and, as has already been shown, removable at the will of the President, according to the act of 1789, there would seem to be no éscape from ‘he conclusion that the President had the right to issue the order for his removal. Jt has, however, been ins.sted that if the roviso which secures to the Secre.aries the right to old their respective offices during whe term of the President by whom they have been ap- pomted and for one mon thereafter does not embrace Mr. Stanton, because Mr. Johnson did not appoint him, that then, e @ civil officer, he is within tué body of the first section of the act and entitled to hold his office until by and with the advice and consent of the Senate*a suc- cessor shail have been Appointed and duly qualified. Not 80; for the reason that tue body of the first sec- tion can have no reference to the tenure of an office expressly excepted from it by the words “except us herein otherwise Pog and the porake which Yolows, tixing a ditrerent tenure for tue Secretary of War. Canany one doubt that the law was intended to make, and does make, a dis inction between tie tenure of office given to the Secretaries and that given to other civil officers? How, tien, can it be Said that the tenures are the same, or the same as to any partic ular Secretaries? fhe meauing of the section is not different from what it would be if insiead of the words ‘every per- son holding any civil office” there had been inserted the words marsiial, district atior.ey, postmaster, and so on, enumerating and Oxing the tenure of «all other vivil officers except the Secretaries; and then had proceeded io enumerate the diferent Secretaries and fix for them a different tenure from that give to the otuer enumerated oilicers, Had the section been thus written, would any one think, in case a particular Secretary for some personal reason was unable to avail himself of tie efit of the law se- curing to Secretaries a certain tenure of office, that he would therefore have the r giit to the beneiit of the in which Secretaries Were not ment ‘The Cyd of an exception or proviso in a statute is or take somet out of the body of the act, aud is usually reso! to for convenience as a briefer mode of deci: the object than to enumer- ate everything embraced in the general terms of the act, and then provide tor the excepted matter. The fact that the terms of the proviso which fix the ten- ‘ure of office of all Secret are such that a particu- lar Secretary, for reasons personal to himseif, cannot take advantage of them, does not operate to take from the proviso the office of a Secretary and the tenure attached to it, and transfer them to the body of the section which provides a tenure for holding ofice om which the oflice of Secretary is expressiy excepted. The meaning of this first section will be still more a by supposing @ case involving the same principle but wholly disconnected with the one under consideration. Su) were to-day, May that “two terms of ppese — ii to pass an act declaril the L Court in’ every judicial district of tie United States shall be held di the year 1863, commencing on the first Monday of June and Novem- ber, except as herein otherwise provided; provided, that two 8 of the District Court in each of the ge beige ip Ce be New York ig a e 0) on first Monday of ‘April and ember? mani- festly it would at this time be as impossible to comply with so much of the proviso as “Fequires a court to be held in the New York dis- 1868, a8 it now is for Mr. Stanton term of the President by whom ted, which ended March 4 1865. circumstance take the provision for the New York districts out of the proviso, and becai that no judge would eee ae to precisely the con- struction of an act believed to be analogous in Principle, which must be resorted to to brin; ir. Stant within the body of the first section o' the Tenure of Office act. Laying out of view what was said at the time of the pesmage of the Tenure of fet an act; and ‘g* Office act, as to its not inte: with Mr. John- son’s right to remove the Secreta Se acon by his qnd the wi leness of @ ruction of “the act which Wovid secure he had them in office ie them for life on all Senate than himself appointed, and fasven future President, unlen te Sen to tne appointment of successors, conciusion seems inevitabie, from the terms of the Tenure of OMice act a, the retar, Yar appoin. prede- cessor, is not affected by rs and that having the authority to remove that oMficer under the act of 1789 he did not violate etther the constitution or any statute in issuing the order for that purpose. But even ifa ‘uisferent construction could be ay upon the law, I could never consent to convict the Chief Ma- gistrate of a great le of a high misdemeanor anc remove him from oifice for a misconstruction of | what must be admitted to be a doubtful statate, and eneney when the misconstruction was the same m it by the authors of the law at the time of pat ies s its second article cha: that the President, in violation of the constitution and cont! to the Tenure of OMice act, and with intent to yiolate the same, issued to Lorenzo Thomas a letter of authority Se him to act as Secretary of War ad en- terim, there being no vacancy in the office of Secre- tary of War. There is not inthe hy yg Fe © act, or any other siatate, prohibiting the té&hing of such a letter, much less making it a crime or misde- meanor, The most that can said is that it was esc hg ge leas = law. The cones is required to judgment upon each cle sepa- rately, and each must staud or fall by aa ‘There is no allegation 1 thig gyticle of any design or attempt t9 We the letter or authority, or that — 4 hapr came from it; and any Senator might well he itate to find the’ President guilty of a high misdemeanor for simply issuing such @ letter, al- though issued without authority of law. The proof, however, shows that the letter was issued by the President in connection with the order for the re- moval of Mr. Stanton, which, ag has ae, been own, was & valid order. Tie qiestivs, {Nen, arises whether the President filgh’ milsae- meanor in issu to ky of 9 igh That in case of the de ment, or sickness of t° ‘of OF 08 the fe ee Secrest SEI or of polniment is not os deal a A H Seas ease [ieee Lincoln’ pointed; but appointed inde! the dou! Secret: charge t! old | 8 i. | ti y he jut | ‘These statutes contain all the legislation of Con- gana Se Subject to which they relate, It has mn insisted that, inasmuch ag under the act of 1863 the President had no authority to designate any other pecan to perform the duties of Secretary of War ‘an officer in that or some of the other Ex- ecutive ments, and then in case of vacancy to supply such only as are occasioned by death or rentgnation, his designation of the Adjutant Gene- ral of the army to supply cammporartly a ce A occasioned by removal was without authority. If the act of repealed the act of 1795 this would ibtless be 80; but if it did not repeal it, then the President clearly had the right under that act, which provided for the ymporary discharge of the duties of ‘ary of War in any vacancy by any person, to authorize General Thomas tempo! to dis- hose duties. The law of 1863, embracing, a3 it -does, all the departments, and contain- ing provisions from both the previous statutes, may, however, be construed to embrace the whole ubject on which it treats, and operate as a repeal of all prior laws on the same subject. It must, how- ever, be admitted that it is by no means clear that ihe act of 1863 does repeal so much of the act of 1795 a8 authorizes the President to provide for the temporary discharge of the duties of an office from which’ an incumbent been ‘removed, ‘or whose term of ‘office has expired by limitation before the regular appointment of a successor, It has been argued that the Tenure of Office act of March 2, 1367, repealed both the act of 1795 and that of 1883, authorizing the temporary supplying. of va- cancies in the departments, This is an entire mis- eon, ‘The eighth section of the Tenure of Ontice act recognizes that authority by making it the duty of the President, when such designations are le, to notify the Secretary of ‘he Treasary thereof; and if any one of the Secretaries were to die or resign to-morrow, the authority of the Presi- dent to detail an oftcer in one of the Depart- ments to temporarily perform the duties of the vacant office, under the act of 1863, would be unques- tioned. This would not be the appointment an omicer while the Senate was in sessiun without its consent; bnt simply directing @ person in oifice to discharge temporarily, in no one case ex- cveding six months, the duties of another office not theft filled. It is the issuing of a letter of authority in respect to a removal, appointment or employment, enter FO the provisions” of the Tenure of Office act, that is made a high misdemeanor. As the order for the removal of Mr. Stanton has aiready been shown not to have been ‘contrary to the provisions of this act,” anv letter of authority in regard to it is not for- bidden by the sixth section thereof. Admitting, however, that there was no statute in existence ex- authorizing tue President to designate the djutant General of the army temporarily to dis- charge the duties of the office of Secretary of War, made vacant by removal, till @ successor, whose nomination was tp peng the next day, could be cuntirmed, does it follow that he was guilty of a high misdemeanor in making such temporary designation when there was no law making it a penal ofence or prohibiting it? Prior to 186%, as Mr. Lincoln’s mes- kaye shows, there was no law authorizing these tem- porary designations in any other than the three de- artments of State, Treasury and War; and yet vesident Lincoln himself, on the 22d.of September, 1862, prior to any law authorizing it, issu the fol- lowing letter of authority appointing a Postmaster General ad titerim:— Thereby appo'nt St. John B. L. Skinner, now acting First Assistant Postaster General, to bé actin Postmaster Gen- eral 1! inte ty in place of Hon, Montgomery Blair, now tem- porarily absent. AKAHAM LINCOLN, WASHINGTON, Sept. 22, 1862, To provide for temporary disabilities or vacancies in tue Navy Departinent, and for which no law at the time existed, President Jackson, during his ad- ministration, made ten different designatious or appommiments of Secretaries of the Navy ad interim, Siuilar a2 interim designations in the Navy bepart- ment were made by Presidents Van Buren, Harrison, ‘Tyler, Polk, Fillmore and others; and these a) ments were made indiscriminately during the ses sions of the Senate us wellas duriug its recess. As no law authorizing them existed at the time these aa interom appointments were made in the aot aud Post Office Departments, it must be adinitted that they were made without authority of law; and y t, who then thought, or would now think, of im, hh ing for high crimes and misdemeanors the Presidents who made them? President Buchanan, in a commu- ‘nication to the Senate, made January 16, 1861, on the subject of ad interim appointments, used the follow- ing language:— Vacancies may occur at any time in the most important offices which cannot be immediately and in & manner satisfactory Wise to make a provision which would to avold a total suspension of business in the interval, and ally wise #0 to iimit the Executive discretio point- e of f intment vacation or during the ‘session of Congress, bas heen con- santiy followed during every ‘suminiatration:from the earliest a f the go ernment, and ite wittiness has never, been questioned or denied. Without going the year 1:29, and without taking into the caiculation an, chief officers wef oe LE onnd . re ment ‘Appointment oak elo the. beaber of one hundred and seventy-nine the commence- mento} Jackson's administration to tho glose of General Pierce's. This numer would probably he greatly increased ii all the cases which occurred in the subordinate offices and bureaus were added to the count. Some of them were made while the Senate was in session ; some which were made in vacation were continued in force long acter the Senate assembled. Sometimes the tempor officer was the commissioned head of another d eat, sometimes a subordinate in the same department. Sometimes the atfairs of the Navy riment have been directed «i tn- trim by a commodore and those of the War Department by a general. Importance is Lie to be given to the by th2 senate, before impeachment articies were found by the House of Representatives, of the follow- ing resoiution:— ved by the Senate of the United That und gontition tad ‘the Inves vot the te Balen the rea a 0 Secretary of War nat any olher ofleer to perform the duties of that ofleer “ras if Senators sitting as a court on the trial of the President for high crimes and eanurs would feel bound or influenced in pus ‘bet tion introduced and journment on the way ann, e orders and Thoinas were issued. Let him governed by such considerations in gulit or innocence of the accused, not b: and the facta as have been devel trial, shelter hi under such a resolu sure no honest man could. It is known, however, moval af the Sesetary o¢ War andthe denignation moval of the ‘ar al ion of an oficer ad ti m—together, #0 that those who believed either without authority were compelled to vote for the résolution. My understanding at the time was that the act of 1963 repealed the act of 1796 authorizing the desi tion of a Secretary of War ad duterim in the place of & secretary removed; but .I never ente: u rte of Wat apn by Be inca Sang e Secre ‘ar appointed by Mr. uring his first term. Believing the act of 1735 to have been repeated, | was bound to vote that the President had no wer under the law to designate a Secret of War ad interim to fill @ vacancy caused by re- moval, just as I would feel to vote for a reso- atign tat pelpher esident mn hor any of his ncdessors e er, under the law, to desig- nate ad interim Posumaster General or Secretaries 01 my kaowsety back further: than o: the Navy and Interior prior to the act of 1863; but it by m ns foi! t Of hight Sein Pom atst Washing euch temporary designations, The; a {hs enadow of Statutory authority (4 sate Winyou appointments. Johnsen Loan 5 and not without Hi asibiity, that he had authority wader the act of 1745 to auchorize the Adjutant General of the arm: to periorm feifipararily the duties of Secretary of War; but if that act was repealed, even then he simply acted as his predecessors had done with the acquiescence of the nation for forty years before. Considering that the facts charged against the Prest- dent in the second article are in no respect contrary to any provision of the Tenure of Office act; that they do not constitute a misdemeanor, and are not forbidden by any statute; that it is @ matter of reat doubt whether so much of act of fos authorize fasuainy as would at of the letter of authority Gen is pol in force, and if it is not that President Johneofi still had the same ‘we it as preie @ sed for many yeare Office z ad ext without objection in the Navy, Interior and’ Post Mice Departments, it is impossible for me to hold him ity of a high misdemeanor To do would, 1 So be to disregard, rather than » impartial justice Jam sworn to admin ‘What has been said in regard rged the eighth ude ane e c “ cmartictes, four, x and seven, taken, to; pi Tt is unn would have been into effect. record, and without giving the least heed to clamor of intemperate zeaiots who demand the con- viction of Andrew Johnson as a test of y faith, or seek to identify with and make responsible for his acts those who from convictions duty feel com. pated on the cage made to vote for his nittal. is speeches and the general course of his adminis- tration have been as distasteful to me as to one, and I should consider it the great calamity of the if the disloyal element, so often encouraged by hi measures, should gain political ascendency. If tue juestion was, ‘Is Andrew Johnson a fit_ person for President? T Should answer, “No.” But it is not @ party question nor upon Andrew Johnson's deeds and acts, except so far as they are made to appear in the record, that I am to decide. Painful as it is to disagree with so many political associates and whose conscientious convic- tions have led them to @ different result, [ must, neverthel in the discharge of the high responsi. bility under which I act, be governed by what my Teason judgment tell me is the truth and the justice and the law of this case. What law does this record show the President to have violated? Is it the Tenure of Office act? I believe in the con- ey gr of that act, and stand ‘ready to unigh its violators; but neither the removal of that ithful and efficient officer, Edwin M. Stanton fee I deeply regret), nor the ad interim designa- ion of Lorenzo ' a3, were, as has been shown, forbidden by it. Is it the reconstruction acts? What- ever the facts may be, this record does aot coniain @ partiele of evidence of their violation. 1s it the conspiracy act? No facts are ‘shown to sustain such a charge, and the. same may be said of the a of a violation of the Apeeo riation act of March 2, 1867; and these are all the laws alleged to have been violated, It is, however, charged that Audrew Johnson has violated the constitution. The fact may be go, but where Is the evidence of it to be found in this record? Others may, but I cannot find it. To convict and depose the Chief Magistrate of a ‘at nation, when his guilt was not made palpable yy the record and for insuficient cause, would be fraught with far greater danger to the future of the country than can arise from leaving Mr. Johnson in oftice for the remaining mouths of his term, with powers curtailed and limited as they have been by recent legislation, Once set the example of impeaching a President for what, when the excitement of the hour shal have subsided, will be regarded as insufficient causes, as several of those now alleged aga.nst the President were decided to be by the House of Repre- sentatives only a few months since, and no future President will be safe who happens to differ with a majority of the House and two-thirds of the Senate on any mIneasure deemed by them important, particu- larly if of a political character, Blinded by partisan | zeal, with such an example before them, they wiil not scruple to remove out of the way any obstacle to the focal pre cepae't of their purposes, and what then becomes of the checks and balances of the constitu. Hon, so carefully devised and so vital to its perpe- tuity? They are ali gone. In view of the conse- quences likely to flow from this day’s proceedinys, should they result in conviction pn what my judg- meat tells me are insufficient charg>s and proofs, I tremble for the future of my country. I cannot be aninstrument to produce such a resdlt; and at the hazard of the ties even of friendship and affection, fili calmer times shall do justice to my invitves, no Soe me but the inflexible discharge of duty. Senator Grime’ Vote. WASHINGTON, May 15, 1868, To THE EDITOR OF THE HERALD:— The New York radical organ of to-day contains a statement that ‘Senator Grimes’ private secretary wagered large sums in the Senate lobby on Monday that Grimes would vote against all the articles” of impeachment, Of course this statement is put forth by that paper only with a view of giving alittle color- ing to ite charge of corruption against Senator Grimes, and therefore, I think, warrants attention, aud justifies me in troubling you with this contra- diction. Mr. Grimes has no private secretary, unless it may be ga‘d that J, in my position of clerk of the Senate Naval Committee, of which he is chair- man, act somewhat in that ora So far as the statement may relate to myself, it is entirely with- out foundation. I have never wagered and have never offered to wager a cent, directly or indirectly, Lp Mr. Grimes’ yote upon impeachment, This, luke all other aspersions upon Mr. Grimes’ integrity, will be found to be both base and baseless. JACOB RICH. THE FEELING THROUGHOUT THE COUNTRY. Iurmense* Meeting of Citizens in Portland in Honor of Senator Fessenden. PORTLAND, Me., May 17, 1868. * An immense open air citizens’ meeting was held here Saturday evening, to honor Senator Fessenden, at which John Neal presided and a large number of Prominent citizens served as Vice Presidents. Speeches were made by L. D. M. Sweat, F. 0. J. Smith, T. H. Hubbard, General 8. J. Anderson and Wm. H. Clifford. The speeches were not of a partisan character, put condemned in unmeasured terms the attempt to intimidate Mr. Fessenden by the impeachment meet- ings held in Maine and eulogistic of the Senator and his conduct. _ The resolutions framed were in the name of the citizens of Portland. They condemned the spirit which would compel the Court of Impeachment to adjudicate upon the impeachment articles in such manner as the exigencies of a political party may require, the geal of party animosity would dtctate or the ambition of political aepirants would demand. They denounce attempts to force Senators to any decision inconsistent with the obiigations which the constitution imposes as revolutionary and criminal in epirit, and as deserving the sharpest rebuke from all supporters of constitutional government and liberty. Favornbic Effect of the Vote in Savannah. SAVANNAH, Ga., May 17, 1868, Telegrams announcing the result of the im- peachment vote have been received with joy by the conservatives. The newspaper offices were thronged ‘with people anxious to hear the news. The Thad e) pals terrigied, though hopefal ofa ea S Pech. fladical office holders and seekers are chagrined and-despondent. The* ‘universal suffrage, confiscation and tron-clad test oath cliques are in a state of dreadful commotion over the news. It lg universally believed the Prest- dent will be acquitted, The patriotic and unselfish course of conservative republican Senators in voting according to conscientious convictions of duty has cheered all loyal hearts and will have a most benetl- cial effect upon the minds of the ultra Southern peo- ple, tending to reconcile political differences and benefit the whole country, Rejolcing Over the Acquittal of the President + in Springfield, Mass. SPRINGPIELD, May 17, 1968, ‘The acquittal of the President causes great rejoic- ing among the democrats of this vicinity. One hun- dred guns wer@ fired In this city last night, and one hundred will be fired at Westfield to-morrow night Democratic Jubilations in New Jersey. New Bruxewick, May 17, 1908. ‘Yesterday the democracy of this city were very jubilant over the result of the vote on impeachment in the Senate, - Last evening a procession, headed by a band of music, paraded the streets. One hundred guns were fired and bonfires blazed all over the city. was very gratjfying to the conservative republicans and democrats, but no demonstrations of a public character took place. Missouri Conservatives Rejoice at Acauittal. “Kanda Crry, Mo., May 17, 1868. An enthusiastic meeting of the conservatives of this city was held here last night, at which the fol and refused to bend to the Dehests of corrupt, party; ‘That we hail the defeat of the consplracy to remove the President saareyetiins ine gocerqanens oa oviousce of returning Justices and im and the surety of the defeat and arfmihi- , of the party which started this corrupt and revolationary Resolved, That honest men of all parties have ized conse to seteten this triumph of the conati- ution over @ WI conspiracy, of virtue and pa- trlotiam over venality and corruption. ” The meeting adjourned amid cheers for justice, tho President and the constitution, © ‘The Feeling im St. Louis. . Lours, May 17, 1968, The announcement of the result of the vote on the eleventh article yesterday produced no special ex- citement, but has been the subject of much conversa- tion. The conduct of Messrs, Henderson and Ross is being specially commented on by the republicans. NEW ZEALAND. The Wave of Intelligence and Travel from ‘West to FustRailroads, Canals and the Telegraph Circle. {From the New Zealand Southern Cross, March 26.) It is announced that steam and the telegraph will shortly span the globe. There tg to be not one girdjJe only, binding the remote with the near, but several zones of electric action and wave and wind defying motion are to annihilate distance and almost entrun time itself. New Zealand, once the Ultima Thule, will then be to London what Calais ‘was not very long ago to Dover, as regards messages at least; Japan will also be in a similar position to London. Thus the wave of civilization, originally leaving the far East, fertilizing Europe, then America, comes back again to its original shores. We may well ask ourselves what next? Can there be any more, or has our earth fulfilled its destiny, and will its end be now at hand? In the meantime it is to be hoped that the world will last our time, seeing that a good deal of work has yet to be done before the honor of adestin accomplt can be claimed. ‘There is particularly the Western Hemisphere to be properly spanned by inter-oceanic roads of igs 4 Which three new ones are now being projected. The Atiantic and Pacific will thus have tue folowing Unes-of connection:— 1. The great Pacific Ral way, crossing the greatest breadth of the northern continen: of america, taking up the long established lines from cue Lustern States to St. Louls, and thence crorsing the once boundless prairies, the home of the buitalo and red Indian. The Sierra Nevada, the eastern frontier of California, is next entered, and San Francisco, the city which bids fair to rival New York shortly, will be reached. The Californian part of the railway is now carried within twelve miles of the Sierra Nevala gap, and soon that enormous railway will be a reality. 2. The South Pacific Railway, in reference to the one immediately north of it, has now ben Projected by Fremont, the well known expiorer of Calliornia. Tuis line intends to avail itself of a more southward course, in consequence of the ubsence of snows in winter and larger and more unbroken plateaus; also to open An the agricultural cist 8 south of San Franc.sco, beginning at Los Anyeies and including Monterey. Thus will San Francisco vecome the cen- tre of an enormous commerce, of which, however, the new line af steamers to Japan and China wilt oe the most important item—the bastern pro- jucts. 8. The Tehauntepec Railway. Where the narrow southern frontier of the Mexican province of Oajaca adjoins Chiapas an isthmus is formed by tue entrance of the navigable river of Guasacuaio Oy 3 to the Atlantic, The backbone of America, the Northern Andes, seem to have disappeared aitugether at this point, and show their existeuce merely by discon- nected ridges and solitary mounts. ‘This line has been under discussion eyer since 1853, and thongh perhaps presenting the least obstacles of any line, yet its execution has been delayed the longest. ‘4. The sovereign State, or republic, of Honduras has quite lately set on fogt a sclieime of inter-oceanic railway. The republic of Honduras is one of the tive Central American republics, and the otuer four owe Honduras a great debt for having rid their territories of the filibuster Waiker, @ man totally inadequate to the self-assigued task of regenerating Central America. His success in Nicaragua in 1854-55 was owing to tue virulence of faction there, and the enormous supplies of men and means poured enthusiastically forth by the Southern States. About five thousand Americans lost their | lives in that il!-conaucted enterprise, mostly from disease. One-half of that nuinber would have been suiticient to conquer the five states instead of one only. | Pim’s line of railroad from Monkey Point, Mos- quito Shore, to Relijo, State of Nicara sua. 6, The old steamboat transit by the river San Juan from Greytown, through the Lake of Nicaragua to ‘San Juan dei Sur, 7. ‘The Costa Rica line of inter-oceanic railway. Its establishment was celebrated by a giaud banquet reported last mail, Thus line, though opening ne ve treasure box of Central America, will have enormous difficulties to surmount. We don’t know at this prescut moment whetuer the line will take to the Sarapigui river or tne salt Creek river, the only two possible outlets; but in either case all that has yet been accomplished by mudern engineers Wil be required to get over the terribly abrupt changes towards the Atlantic, Towards the Pacilic the levels are easier; and an exceient harbor, Punta Arenas, in the Nicoya Gulf, will be a great advantago to shipping from our side,’ Tie repubile of Costa Rica holds In Central America the posit.on tat Chile held in South America as regards order und industry. Dif- ficult monntain ranges isolated the young country from-its turbulent neighbors, While the rest fougiit and wrangled, Costa went to work without fear of disturbance. The elevated pinieas of tuat repub- lie, five thousand feet above the of the sea, gives a delicious coolness to its climate; mah grows mure robust and actively inclined, and iudustry, there- fore, is a national characteristic, About twenty- eight years ago the first few piants of coifee were brought to Costa Rica by aGerman. ‘This .offee trade now forms an imporiant item even in the immensity of the London market. The rst qu:ity of Cos'a Kica coffee, however, comes not yet into tue mar- ket; it 1g very superior to rea: Mocha, and kept entircly for the consumption of tue luxurious “ricoa” of&Costa Rica. does a country pre- sent to the traveller in search of veauty suci a com- binauon of attractions as nature aud cultivation have done in this, There you see circles of the wild- est ridges sheltel valleys teeming with cultiva- tion; a girdie of wning rauges compasses the whole table land laid out in green farins aud town- ships like @ chequer board, whe over the whole towers the snow capped peak of Carthugo, glittering in the tropical sun, a dazziiug janduurk for the mariners of the Pacific as well as tue Atlantic Ocean. <= We now come to the well known Panama Rail- way, the first of all these lines in actual operation. The experience paid for in lives and money in that enterprise Will save & great deal of both in the news lines about to be opened. 9% The Darien canal. The phoenix that will rise from the ashes of defunct adventurers on that line has not been heard of as yet; but it will not be long before the whole world will hear of it, and wonder some day at the enormous profits tealized trom that undertaking. Strange to say, though apparently #0 near to Panama on the the whole area that can bly comprise the I ites for the future canal as yet a perfect terra Since the Scoich colony at Darien died out no one has been much in that country, owing principally to the determined ms which the natives thelr territory. They are called the San bias indians, and are an industrious, honest and fine race of men. The government of New Granada clalms the sove- tin Spanish ot but, a# no taxes are levied, are visi the In- dians probably care little about nomi- nal sul All traders, even, who fre- qoens coast are not ‘allowed to have jous there for their habitation. fuey have to © ayes Shotr Dative trader, who, o Retr rotten, siees faces ike articles of exchange manded, cacao (chocolate nuta), cocoa nuts, vanil cocoa nut off and tortoise shell. 7 commis ine howpstall ptains and traders. A law condemns a min for selling or showing naive gold. The Of that mecal im their country is well several traders, but no one hus as yet been e* Fok charmed ine of sous Has Indian wW. It is left for tie executors of tue Grand Canal to break that charm. When the natives of couniry, We aup- the world shall pass th a ee pose the poor Indian will have is mest ¢ ‘ use and generosity. But wi h that yt roand the vilization now winding fuobe ie comin, ‘and the sooner the canal is begun berter for New Zealand. GENERAL NEWS ITEMS. ¢ Lake City paper thinks the prevalence of dts cases in (he States ashame. A husband ‘could be divorces! half @ dozen times out there wita- out noticing the difference, ‘Wash Spraciing, @ colored barber of Louisvile, hu soeee taxpayers, ind whe oo ae being, it ia even re- M4 con " James Guthre when ‘Treasury, has just died of