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(Ljje J’tVerri Union
Js published Weekly in Miliedgertl/e, Ga.,
Corner of Hancock Wilkinson Sis.,
At $3 a year in advance.
ADVERTISING.
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sequent continuance.
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liinnicationa or Editorial notices for individual benefit,)
eftarged a« tiansieut advertising.
LEGAL ADVERTISING.
Sheriff's sales, per levy of ten lines, or less,
*• Mortgage fi fa sales, per square.
Tax Collector’s Sales, per square,
Citations for Letters of Administration,
i. •• “ “ Guardianship,
Letters of application for dism’n from Adm’n,
n .* •* “ “ “ Guard’ll.,
Application for leave to sell Land,
Notice to Debtors anil Creditors,
Sales of Land, Sec., per square,
“ perishable pioperty, 10 days, per square,
Estrny Notices, 30 days,
Foreclosure of Mortgage, per sq., each time,
LEGAL ADVERTISEMENTS.
Sales of Land, Stc, by Administrators, Executors
or Guardian*, are required by law to be held on the
first Tuesday in the month; between the hour* of 10
in the forenoon and three in the afternoon, at the Court
House in the Countyiu which the property is situated.
Notice of these saies must be given in n pub ic gn
zette 40 days previous tortlie day of sale.
Notices for the sale of personal property must be
given in like mnuuer 10 days previous to sale day.
Notices to the debtors and creditors of an estate
must also be published 40 days.
Notice that application will be made to the Court of
Ordinary for leave to sell Land, Sec., must be publish
ed for two months.
Citations for letters of Administration, Guardian
ship, Ac., must be published 30 days—for dismission
fram Administration, monthly six months—fordismis
non from Guardianship, 40 days.
Rules for foreclosure of Mortgage nui'l be published
monthlv for four months—for establishing lost papers,
for the full space of three months—forcouipelliug titles
from Executorors or Administrators, where bond hue
been given by the deceased, the full space of three
months.
Publications will always be continued according to
these, the legal requirements, unless otherwise or
dered.^
Hook and Job Work, of all kinds,
PROMPTLY AND-NEATLY EXECUTED,
AT Tlllh OFFICE.
eanie in and congratulated the newly
married and expressed surprise at seeing
her here. ’ With a blush she answer
ed,
“We did not expect to come, but
father was ill, and so John had to take
his place to introduce ‘cheese’
The dining room was full; but amid
the rattle and din I heard cheese a hun
dred times.
I became confuse* and ordered fur
supper.toastedcheese and cheesecakes.
The-waiter looked puzzled, hut tilled
my order which seemed to create
mirth—why, I could not tell.
\Ve®ueceeded in procuring rooms.
At last, thought I. I am free from that
cheese, but alas ! scarcely had I closed
my eyes when they were opened by
a curious sound in the next room.
‘*Hic—hie—eh—»lieese—iiie—taint
ed milk—eh—eh’s hie—a fool. I say,
waiter—hie—bring me some cheese—
and a milk—hie—punch—eh.”
At last I slept, and my dreams were
fearfully and wonderfully made. Me
thought I was a large howl of milk,
whose quality was to be tested by a
committee appointed for the purpose.
Said Committee wore the dress of far
mers, but I am certain the lips of Mr.
Greeley, as he quaffed a draught of the J
pearly liquor, said, “Rather sweet, j
pleasant to the taste, but too much j
j impregnated with the ammonia of re-j
i hellion to exactly suit me.” Mr. Bon-
S CI1EDULE OF MACON AND AUGUSTA
RAILROAD—
Leavj Camak daily at 12. 30 p m.
Leave Milledgeville 5 3o a. rn
Arrive at Milledgeville 4-IOp. in.
Arrive at Camak 9.00 *. m.
Passenger* leaving Augusta or Atlanta on the
Day Tassenger Train of the Georgia Kailioad
will m<ke close connections at Camak forinler-
point* on tbe above Road, and also for
Macon.
I’assi tigers leaving Milledgeville at ;r,30 a. m
reach Atlanta and Augusta the same day. and
will make close connection* at either place for
tbe principal points in adjoining States
EL W. COLE, General Superintend'!.
Augusta, Jan. 7, I86S. 04 if.
Schedule of the Georgia Railroad.
DAY PASSENGER TRAIN.
(Daily. Sundays excepted
Leave Augusta at
•• Atlanta at
Arrive at Augusta, -
“ Atlanta
NIGHT PASSENGER TRAIN.
I,ea»e Augusta at 8.15 P. M.
“ Atlanta at — - 5.45 P.M.
Arrive at Augusta 3.u0 A. M.
“ Atlanta * 6.45 A. M
BERZEI.IA PASSENGER TRAIN.
Leave Augusta at 4.00 P- M.
“ Bux.lit at .... - 7.10 A.M.
Arrive at Augusta ... — 8.50 A.M.
“ lterzelia ----- 5.45 P: 41.
Passenger* for Milledgeville. Washington and Ath
I. «
Dream of the far; yet unforpotten years, -
W hy comes thy haunting imago *o me pow,
Why are ti e shadows of the unwept tears
In s'iJa ss cast upon the pure pale biowi
n.
What haunting nienaorMajabimirer from tbe past,
And ouce again my Wfft'snysterious thrill.
What golden gleams from long ago are cast,
Ado fondest dreams of old my fancy fill!
Ill-
Dr. tint w ithout form or substance .definite.
Visions Ely Sian of all dreaming Yu^ith;
When Life was Hope and Hope was infinite,
And Eden's glory seemed anear in sooth!
IV.
While through those “windows of the soul.’’
thine eyes. +
There shines a gentle sotil so “^veet and ead.’ 1 '
Unbidden, all sweet aspirations ri*e.
With purest Love or dewy Pity glad.
V.
A face like thine—so gentle, sad, and pure.
Erst filled the inmost temple of my soul;
And, teal or ideal, did allure
My heart, like Orpheus strains of love or
dole.
VI.
Aye. and thy very name do h sweeping wing
All sw eetest dreams of simple, carele** youth;
When, through each fleeting day, aew joys did
spring
From brimming founts of purest love and
truth.
VII.
A name is thine that garners each bright gleam,
That o’er my brightest past illusive p’ays
A nf me to wake again most tender dream,
And bring again to me lost Eden days.
VIII.
Dear is that morn I met thee—9weet will be
The dream of winged moment* shared with | ner declared til at its freedom from lilt:'
thee— -
Ah! why liould joy so evanescent be,
And fadeless only in the mtmory!
31E 91 OB IE H.
by mary e. tlckek.
cream of popularity rendered it useless
in his eyes; while Bennett, Jr., said
that if it could be milk, and then milk
punch, he would like it, but one steady
diet he could never endure. Mr. Mul-
laly thought (good little man) that he
would not object to a glass or two
onrjoice and a while, although he had a
cow of his own; while Mr. Hall said
that according to his fancy, the milk
was good, pure and just rich enough to
suit the popular taste. Mr. Wood sug-
Or th<* waving in the wood-land, of tbe grand old gested that they save some of it Ullti
Ah, life is full of memories, of evanescent gleams,
Ofbeatitifnl realities, which haunt ns like
dreams.
Touch a baip chord, long neglected, and the plain
tive music thrills
Lika tiie gently falling rain-drops, or tlie n:ur
muring of rills,
,7 3<I A.M
.5.00 A.M
..3 3.it*. M
.o.I'JP. M
forest trees,
In the distar.ee groaning, moaning, like the wild
complaining seas.
Yes they haunt us, memories haunt us, yet I can
not tell you why.
’Tis perchance life is but dreaming to such souls
as you and 1.
True, life has stern realities, but we let troubles
die
And grasp the pleasures to our hearts; dreamers
like you and 1.
We pluck the fragrant flower, but the thorn, we
cast away—
For juy lasts long in memory, pain lingers but a
day!
And ever in my heart of heart*. I’ll wear the
precious flower
j gathered here, in Notbern clime, ncath the snow
covered bower.
I’ll waft its perfume on Love's wings, to stricken
sister land—
That she may know friends greet her here, with
open heart and hand.
Syracuse, Jau. 27tb, 1868.
CHEESE! !!
In the New York Citizen of January
ISth we find the following humorous
sketch, by an outside observer, of things
and events which did not transpire
within the late great “ Cheese Conven
tion ” recently held there, but were all) ] impartial criticism, the pain was
lie was in luck again, and could afford
to pay for a quart or two. Last of
all rose Miles O’Reily, and I shook in
the bowl, for I knew he was a judge
of milk. You ask how 1 knew it was
Miles? Because I have seen him in a
book in the presence chamber, and in
my dream I saw him as natural as
life.
He fast d the milk, and smiled. 1
feared no longer. “My triends,” he
said, “I do not see why w r e should dis
card this fluid. It is pure, unadultera
ted by either vanity or sectional prej
udice. Try, it is not rich with
imagery, but I certainly detect the
cream of originality in even this, my
first sup Upon the whole I think the
milk good, and I move, that we sour
it with the rennet of time, pass the
curd through the mill of criticism, and
I am sure that the cheese will suit the
taste of the most fastidious.” Miles
carried the day. The rennet of time
soured me, and as I was passing
through the press of public, partial
a week ago last Saturday, and is very
entertaining:
There, woman like, I am wandering
from my subject, aud touching points
with which my sex should not med-
die except in one way—obey the laws
and spend the money. You see, I am
,n.,Ga must takeDafP.s.eager Train from Angus- disciple of MisS.Anna DickinSOU
ta and Atlanta. t , .
Pns.*«-nger* for West Point. Montgomery, S' lma. anu j\I rs . StUDtOn ; SO I 11 back tO WO-
Mnbiie and N*-w Orleans must leave Augusta on Night
Passenger train at 8.15 P. 41., to make close oonnec-
lions. #
for Nasliville, Corinth, Grand Jnnction,
Memphis, Louisville ami St. Louie can take either
irain anil make close connections.
Through Tickets and Baggage checked through to
the above places.
Pullman’s Palace Sleeping Carson all Night Pnsscn-
• ger Trains. * E. \V. COLE,
Augusta. Jan. 1868. Gen’L Sept.
rather incidental to it. It is from thej go 8eve ‘ re I awoke with the determi-
pen of a lady whose poems we noticed ,Hitiou to remain milk always—that is
1868.
Fifth Volume.
1868.
ritHE PROPRIETORS OF THIS WELL-F.STAB-
1 LISHED SOUTHERN MONTHLY announce,
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nent, that it is their design to furnish
A FIltST-CLASS MONTHLY!.
Equal in ail respects to the best Northern and English
Periodicals.
Among tbe leading serial, of the present year will
be
THE GEORGIA CAMPAIGN,
Bv the author of “ Field and Camp.’’ This will be a
South-side view of Sbei man’. “ March to the Sea.”
Battles and Campaigns of the Army of
Tennessee,
By one of tlie most eallnnt office** of that Department
Tent and Saddle in the Holy Land,
By Rrv. K. A. Holland, cf Kentucky.
Alec, a superb Serial by Col. W. T. Thomp.on,
author of “ Major Jones' Courtship.”
l’h< usual number of Reviews,.Essays. Novelettes,
etc., will also appear.
Now is the time to subscribe.
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Address SCOTT 4. PITTMAN,
Atlanta, Ga.
Jan. 20, 1888. 20 tf
M
ADAM GILLESPIE S EMPORIUM OF
FASHION,
N.. 6 Clinton Plaee,
NEW YOfiK.
Dressmakiig in all Branches.
Perfect dresses mr.de in the latest Paris style*, with
the greatest«are, and at the shortest notice.
Rrftrenctt.—Mrs. Charles F. Deems, Mrs. Mary E.
Tucker.
Jan. 21th, 1868. 26 3m
■ * - '■ . n
man’s sphere—the milky way—and
finish my cheese story.
We reached Utica at twilight on
the 8th inst. My soul was filled with
the words of the poet—which one I
don’t know.
“No pent up Utica contracts our powers,
Foi the whole boundless continent is our.”
when upon my ear fell that word
“cheese.” Nothing so remaikable
about that ; hut imagine my astonish
ment upon hearing the same cheese
discussed by every group we passed on
our way to the hotel. A circular was
lying by my side in the carriage. The
woman’s curiosity caused me to glance
at it in the twilight. I distinguished the
word “cheese.”-
Great heavens ! I thought, what kind
of people live here? We entered the
parlor of the hotel; tw T o ladies were
talking in low tones, but I certainly
heard tbe word “cheese” from their rosy
lips.
“Can we get rooms here? asked my
friend.
“Afraid not, sir.”
Then to some one in the dis
tance !
“Coming in a moment.”
To my friend :
“I’ll see, sir.” . .
And then, as he left, he added:
‘•House pretty full of‘cheese’ ”
The sentence may have been unfin
ished, but cheese certainly was the
last word that I heard.
Soon a bridal party entered. I know
it was a bridal party, because one of
the ladies had white on her hat, white
on her hair, and white on her dress.
I can’t see why brides will always
wear white, and then blush and look
bashful, because people will find out
they are brides.
Now r , when I wai married, ever so
many years ago, I had my bridal bon
net trimmed with red, and the conse
quence is, I have been taken for an
old maid ever since. They will call
me miss, and I cannot account fof if
in but one way—I driuk tea and—
gossip.
But to return to my bride. Just as
we were leaving the room ft 'gentleman
if it takes such a powerful press of
newspaper popularity to make a cheese.
Upon reading the Utica Observer in
the morning I found the Cheese Con
vention was then in session in Utica,
which explained everything; but I
shall always think of Utica as the city
with cheese “on the brain.”
“Tire child is father to ’the iT;an,”
So utilk is ninth' r to rtie ehee-e ;
Bear with me now, perchance Lean
Some daj severest critics plea*e.
With which burst of poetry (so-call
ed) I close, signing my name in full.
Annie Babillakd,
(Vulgarly called “Nancy Gossip,-”)
oi Georgia.
TO TAKE LEA F - UIFRESSiOXS.
Hold an oiled paper in the smoke of
a lamp, or of pitch, until rt becomes
coated with the smoke; to this paper ap
ply the leaf of which you wish an im
pression, having previously'warmed it
between your hands, that it may be
pliable; place the lower surface of the
leaf upon the blackened surface of the
oiled paper, that the numerous veins
that are so prominent on this side may
receive from the paper a portion of
of the smoke ; lay a paper over the
leaf, and then press it gently upon
the smoked paper, with the fingers or
a small roller, (covered with woolen
cloth, or some like soft material,) so
that every part of the leaf may come
iu contact with the sooted oil paper.
A coating of the smoke will adhere to
the leaf. Then remove the leaf careful
ly, and place the blackened surface on
a piece of white paper, uot ruled ; or
iu a book prepared for tbe purpose,
covering tbe leaf with a clean slip of
paper, and pressing upon it with the
fingers or roller as before- Thus may
be obtained the impression of a leaf,
showing the perfect outline, together
with an accurate exhibition of the
veins which extend iu every direction
through it, more correctly than the
finest drawing. Aud this process is
so simple that any persou, with a little
practice to enable him to apply the
right quantity of smoke to the oiled
paper and give the leaf the proper
pressure, can prepare beautiful leal
impressions, such as- naturalists would
be proud to possess. ‘Specimens thus
prepared can be neatly preserved in
book form, interleaving the impression
with tissue paper.—Art Recreations.
jHlCBLY 191 POUT ANT!
Tkt Pttudr*t'< Jlmuijf.
Air Able Document.
Washington, February 24.—The
impeachment resolution passed the
House this evening by 126"to 47.
The President to-day sent to the
Senate the following message, which
was read in secret session, after which
it, was laid on the table and ordered to
be printed, the Senate removing front
it the injunction of secrecy:
To tin Smote of the United Strifes: 1
have received a copy of the resolution
adopted by the Senate on the 21st in
stant. as follows:
Whereas, the Senate has received
and considered the communication of
the President, stating that he had re
moved Edwin M. Stanton, Secretary ol
War, and has designated the Adjutant
General ot the Army to act as Secre
tary of War ad interim; therefore
Jlesolred by the Senate of the United
States, That under the Constitution
aud laws of the United States, the Pres
ident has no power to remove the Sec
retary of War and designate any other
officer to perform the duties of that
office ad interim.
This resolution, as confined to the
power of the President to remove the
Secretary of War, and to designate an
other officer to perform the duty of
the office ad interim, and by its pream
ble, is made expressly applicable to
the removal of Mr. Stanton and the
designation to act ad interim of the Ad
jutant General of the Army. Wirhout.
therefore, attempting to discuss the
general power ot removal as to all
olficers, upon which subject no expres
sion of opinion is contained in the res
olution, I shall confine myself to the
question as thus limited—the power
to remove the Secretary of war. It is
declared in the resolution that under
the Constitution and laws of the Uni
ted States, the President has no power
to remove tbe Secretary of War and
designate any other officer to perform
the duties ot that office ad interim. As
to the question of power under the cou-
stitulion I do not propose at present
to enter upon its discusssion. The uni
form practice from the beginning of
the government, as established by
every President who has exercised the
office, and the decision of the Supreme
Court of the United States, have set
tled r fie question in favor of the power
ot the President to remove all officers,
excepting a class holding appointments
of a judicial character. i\o practice or
any decision has ever excepted a Secre
tary of War from this general power
of the President to make removals
from office. It is only necessary then
that T should refer to the power of the
Executive under the laws of tho Uni
ted States to remove from office a Se-
cretary ot War. The resolution denies
that under these laws this power has
any existence; in other words, it affirms
that no such authority is recognized
or given by the statutes of the country.
Wfiut. then, are the laws of the United
States which deny the President the
power to remove that officer? I know
but two laws which bear upon this
question. The first, in order of time,
is the act of August 7th, 17S9, crea
ting the Department of War, which,
after providing for a Secretary as its
principal officer, preceeds as fol
lows:
Section 2. And be it further enacted,
That there shall bein the said depart
ment an inferior officer, to be appoint
ed by the said principal officer, and to
be employed therein as he shall deem
proper, and to be called Chiet Clerk in
tbe Department of War, and who,
whenever the said principal officer
shall be removed from office by the
President of the United States, or iu
any other case of vacancy, shall, dur
ing such vacancy, have the charge and
custody of all records, books and pa
pers appertaining to the said depart
ment.
It is clear that this act, passed by a
Congress many of whose members par
ticipated in the formation of the con
stitution, so far from denying the pow
er ot the President to remove the Se
cretary of War, recognized it as exist
ing in the Executive alone, without
the concurrence of tbe Senate, or ot
any other department of the govern
ment. Furthermore, this act does not
purport to confer the power by Legis
lative authority, nor in fact was there
any upon the Executive. The recog
nition of the power by this act, is
therefore complete as a recognition un
der the constitution itself, for there
was no other source or authority from
which it could be derived. Tbe other
act which refers to this question and
that regulating the tenure of certain
civil offices, passed by Congress on
the second day of March, 18(i7. The
first section of that act is in the fol
lowing words: That any person hold
ing any civil office to which he lias
been appointed by and with the ad
vice and consent of the Senate; and any
persou who shall hereafter be appoint
ed to any such office and sbal! become
duly qualified to act therein, shall be
entitled to hold until a successor shall
have been in a like manner appointed
and qualified, except as is herein or
otherwise provided; provided that the
Secretary of State, ot the Treasury, of
War, of tha Navy, of the Interior, the
Postmaster General, and the Attorney
General shall hold the offices respec
tively for and daring tbe term of the
President by whom they may have
been appointed, and for one month
thereafter, subject to removal by anti
with the advice ar.d conseut of the
Senate.
The fourth section of the same act
restricts the test of office to the limit
prescribed by the law creating them.
That part ot the first section ^hich
precedes, the proviso declares that
every person holding a civil office, to
which l»e had been or may be appoint
ed, with the advice and consent of the
Senate, shall hold such until a success
or shall have been in like manner ap
pointed. It purports to take from the
Executive, during the fixed time estab
fished for the tenure of office, the in
dependent power of removals and to
require for such removal the concur
rent action of the President and the
Senate. The provisor that follows pro
ceeds to fix the term of office of the
several heads of departments, where
the tenure had never been defined be
fore, by prescribing that they shall
hold their office, respectively, for and
during the term of the President by
whom they may have been appointed,
arid for one month thereafter, subject
to removal by and with the advice and
consent of the Senate. Thus, as to
the advice and consent of the Senate.
Thus, as to these enumerated officers,
the proviso from the President for
power of removal, except with the ad
vice and consent of the Senate. By
its terms, however, before he can be
deprived of the power to displace them,
it must appear that he himself has ap
pointed them, and it is only in that case
they have any tenure of office, or any
independent right to hold office during
the term of the President and one
month after the cessation of his official
functions. The proviso, therefore, gives
no tenure of office to any one of these
officers who has been appointed by
the President, beyond one month after
the accession of his successor. In the
case of Mr, Stanton, the only appoint
ment under which he held the office ot
Secretary of War was that conferred up
on him by my immediate predecessor,
with the advice and consent of the
Senate. He has never held from me
any appointment as the head of the
War Department. Whatever light lie
had to hold the office was derived from
that original appointment and my
own influence. The law was not in
tended to protect such an incumbent
of the War department by taking from
the President the power to remove
him. This, in my judgment, is perfect
ly clear, and the law itself admits of no
other construction.
In all that portion of the first section
which precedes the proviso, that as to
civil officers generally, the President
is deprived of the power of removal.
Audit is plain, that if there had been
no proviso, that power would just as
clearly have been taken from him, as
far as it applies to the several heads ol
departments, but for reasons which
were no doubt satisfactory to Con
gress, these principal officers were
specially provided for, and as to the
express aud only requirements is that
the President, who lias appointed them,
shall, without the advice and consent
of the Senate, remove them from office.
The consequence that as to my Cabinet,
embracing the officers designated in the
first section, the act takes from me the
power without the concurrence of the
Senate to remove any one of them 1
have appointed, but it does not protect
such of them as I did not appoint, nor
give to them any tenure ot office be
yond my pleasure. Ou examination of
this act then, it shows that while in one
part of the section provision is made
lor officers generally, and in another
clause there is a class of officers desig
nated by tbeir official title who are
exempted J'rom . the general terms ol
the law, and in reference to whom a
clear distinction is made as to the gen
eral power of removal. The first
clause of the section makes the distinc
tion that such officers enumerated as
holding office under the appointment
of the President, the power of removal
cau only be exercised by him with tbe
consent of the Senate, while as to
those who have not been appointed by
him, there is no likelihood of a denial
of his power to displace them. It
would be a violation of the plain
meaning of this enactment to place Mr.
Stanton upon the same footing as these
heads of departments who have been
appointed by me. As to him, this
law gives him no tenure of office. The
members of my Cabinet who have
been appointed by me are by this act
entitled to hold for one month after the
term of my office shall cease, bot Mr.
Stanton could not, against the wish
es of my successor, hold a moment
thereafter. If he was permitted by
my successor to hold forthe first two
weeks, would that successor have no
power to remove him? but the power
of uiy successor over him would be
no greater than my own. If my suc
cessor would have tbe power to re
move Mr. Stanton, after permitting him
to remain a period of over two weeks,
because he was not appointed by him >
but by his predecessor, I, who have
tolerated Mr. Stanton for more than
two years, certainly have the same
right to remove him, and upon ‘ the
same ground, namely, that he was uot
appointed by me> but my predecessor.
Under this construction ot the tenure
of office act, I have never doubted my
power to remove him, whether tbe act
was constitutional or not, and I have
always been of the opinion it did nnt
secure him from a removal. I was
aware, however, that there ycre
doubts as to the construction of the
law, and from the first deemed it desira
ble that at tbe earliest possible md 1 -
meut these doubts be settled and the
true construction of the act fixed by
the decision of the Supreme Court of
the United-States. My order of sus
pension in August last was intended to
place the case in such a position .a*
would make a resort to a judicial deri
sion both necessary and proper. My
understanding and wishes, however,
under that order of susj>enMon was
frustrated, and the late order for Mr.
Stanton’s removal was a further step
toward the accomplishment of that
purpose. I repeat that my own con
viction as to the true construction of
the law, and as to the constitutiomdity
were well settled, and were sustained
by every member of my Cabinet, in
cluding Mr. Stanton himself, upon
tbe question of constitutionality. Each
one in then deliberately advised me
that the tenure of office was uncon
stitutional. Upon the question whether
as to those members who are appoint
ed by my predecessor, that act took
from me the power to remove them,
one of these members, in the presence
of the others, sitting in Cabinet, de
clared emphatically they did not come
within the provision of the act, and it
was no protection to them. No one
dissented from this construction, and
I understood them all to acquiesce in
its correctness. In a matter of such
grave consequence, I was not disposed
to rest upon my own opinion, though
fortified by my constitutional advisers.
I have, therefore, sought to bring the
question, at an early a day as possible,
before the Supreme Court of the Uni
ted States for final and authoritative
discussion. In respect to so much of
the resolution as relates to the desig
nation of an officer to act as Secretary
of War ad interim, I have only to say
I have exercised this power under the
provision of the first section of the act
of February Kith, 1795, which, so far
ns they are applicable to a vacancy
caused by removals, I understand to be
still in force. The legislation forthe
iubject of'ad interim appointments in
the Executive Department stands as
to the War office as follows: The ac-
rion of the act of the 2d of August,
1798, made no provision for a vacan
cy; in the very case of a removal of
the head of the War Department, and
upon such a vacancy gave the charge
and custody of the records, books and
papers to the chief clerk. Next, by
the act of the Sth of May, 1792, sec
tion 8, it is provided that in case of
vacancy, occasioned by death, absence
from the seat of government, of sick
ness of the head of the War Depart
ment, the President may authorize
person to perform the duties of the
office until a successor is appointed of
the disability removed. The act, it
will be observed, does not provide for
the case of a vacancy caused by re
moval. Then by the first section or
the act of February 13th, 1795, it is
provided that in case of any vacancy
the President may appoint a person
to perform the duties while the vacan
cy exists. These acts are followed
by that of the 20th of February. 1S63,
by the first section of which provision
is again made for a vacancy caused by
death, resignation, absence from tbe
seat of government, or sickness of the
head of any Executive Department,
and upon tne occurrence of such a va
cancy, power is given to the President
to authorize the head of any other Ex
ecutive Department or other officer
in either of said departments whose
appointments are vested in the Presi
dent, at his discretion, to perform tbe
duties of said respective officers until
a successor be appointed, or such ab
sence or inability by sickness shall
cease, provided that no one vacancy
shall he supplied in the manner afore
said for a longer period than six months
This law, with some modifications, re
enacts tbe act of 1797, and provides, as
did that act, for the sort of vacancies
to be filled, but the act of 1792 makes
no provision for a vacancy caused by
removal. It has reference altogether
to vacancies arising from other caeses
According to my construction of the
act of 1S<33, while it impliedly repeats
the act of 1792, regulating the vacan
cies therein designated, it baa no bear
ing whatever on so much of the act of
1795 as applies to vacancies caused by
removal. The act of 1795, therefore,
furnishes the rule for a vacancy occa
sioned by removal, one ot the vacan
cies expressly referred to in the act ot
the 7th of August. 17S9, creating the
Department of War. Certainly there
is rio express repeal by the act of 1863
of tbe act of 1795. The repeal, if
there is any, is by implication, and can
only be aduiitted so far as there is a
clear inconsistency between the two
acts. The act ol 1795 is inconsistent
with that of 1863 as to a vacancy oc
casioned by death, resignation, absence
or sickness, but not at all inconsistent
is assuredly proper that the President y ou *
should have the same power to fill
temporarily a vacancy occasioned by
removal, as he has the- power to sup
ply a place made vacant by death, or
»t the expiration of a term, or for in
stance the indumbent of an office
should he found wholly unfit to exe
cute the functions of other public ser
vice, should require his immediate ex
pulsion,a remedy sboul I exist and be
at once applied, and-time be allowed
the President to select and appoint «
successor, as is permitted by him in
case of a\acancy,caused by death, or
the termination of an official term.
The necessity?therefore, for an ad inte
rim appointment is just as great, aud
indeed may be greater, in cases of re
moval then in others. Therefore that
the power given by the act of 1795 in
cases of reinovaHs abrogated by suc
ceeding legislation,'iin i xpress repeal
ought to appear. £io wholesome a
power should certainly not be taken
away by loose implication. It may be,
however, that in this, us in other cases
of implied repeal, doubts may arise.
It is confessedly one of the subtle and
debatable" questions which arise in the
reconstruction of States. If, upon
such a question, I have fallen into an
erroneous construction, I submit
whether it should be characterized as
a violation of official duty aud of law?*
I have deemed it proper, in vindication
of the course of which I haveconclud-
ed it my duty to take, to piace before
the Senate the reasons upon which I
have based my action, although I have
been advised by every member of my
Cabinet that the entire tenure of office
act is unconstitutional and therefore
void, and although I have expressly
concurred in that opinion in the veto
message which I had the honor to sub
mit to Congress when I returned the
bill for consideration, I have refrained
from making a removal of any officer
contrary to the provisions of the law,
and have only exercised that power in
the case of Mr. Stanton, which in my
judgment did not come within its pro
visions. I have endeavored to proceed
with tbe greatest circumspection, and
have acted only in an extreme and ex
ceptional case, carefully to lollow the
course w hich 1 have marked out for
myselfas agenerai rule, faithfully to
execute all laws. I have appealed
and sought to appeal to that final ar
biter fixed by tiie constitution for the
determination of all such questions.
To this course I have been impelled by
the solemn obligations which rest upon
metosu8tain inviolate the powers of
the high office committed to my hands
whatever be the consequence; if mere
ly pei8onul to myself, I could not al-
iow them to prevail against a public
duty so clear to my own mind, aud
so imperative ot w hat was possible
bad been certain it I had oeen fully
advised when I removed Mi. Stantou.
That iu thus defending tiie trust com
mitted to my hands, my own removal
was soon to follow, I could not have hes
itated. Actuated by [Hiblic considera
tions of the highest character, I pro
test against the resolution of the Sen
ate which charges me in what I have
done with a violation of the couatitu-
aud laws of the United States.
[signed] Axoiti-w Johnson.
Washington, February^ 22, 1S68.
TELEtSKAM*
FKO t|
lO THE PBEMMNT
IMF. PEOPLE.
The President is in receipt of hun
dreds of dispatches from all parts of
the country, from which we make the
following selections, uhuwiug that the
people are moviug:
Andrew Johnson, President:
ludiauapolis, Feb. 24.—Your friends
iu Indiana, send you greeting assuran
ces of support in your fight tor the cou-
stitution.
Andrew Johnson, President :
Pittsburg, Pennsylvania, February
24.—Your friends here are moving.
Remain firm. Be thou the ruler evjn
in the midst among rhine enemies.
A. G. Loyd, President D. C.
George H. Kevser, Vice President
D. C.
Wm. Murray,
Of the National Union Committee,
Alleghany county.
His Excellency, Andrew Johnson : *
New London, Feb. 24.—At a meet
ing of the Democrats of New London,
held this evening, the ldliowing reso
lution was adopted :
Whereas, In view of the present
revolutionary attitude of Congress,
acting as its leaders confess, outside of
the Constitution of the United States,
aud in view of the position ot the Pres
ident in resisting such action,
Resolved, That we the Democrats of
the city of New London, pledge him
our most hearty support in money,
votes, or men.
F. L. Ai.len, Chairman.
B. P. Waibols, fsec’t.
Andrew Johnson, President:
New York, Feb. 24.—Every decent
mau in New York is with you. We
will take care ot ail Gov. Geaiy’s men.
God bless you. We are ready tor the
issue. *
Andrew Johnson, Pnsident:
Puttaville, Peuu., Feb. 24.—-"Up-
hold vigorously tiie executive and ju
dicial departments ol tiie Government
against any cable that attempts to de
bt to a vacancy caused by removal. It them, 4nMi tne people will sustain
Chas. D. Hippts,
Cb'n Democratic standing Committee
Schuylkill county, Pa.
Andrew Johnson, President:
New Bedford, Mass., Feb. 24;—You
will be sustained iu executing the laws
under the Constitution iuNew Eng
land. Stand firm.—fSatumal Inteiit^en-'