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A Family Journal for the Dissemination of General Intelligence, Miscellany, Agricultural, Commercial, Political and Religious Information.
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MACON, GA.,
FRIDAY, MARCH 0, 1868.
{VOL. III.—NO. 15
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I^sok or NAME.-Dr. Andrews, of
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" piper, the Georgia Citizen, to that of
\ ft’hite Man’s Paper.” This change to
- e place on or about the 18th of March. It
E !* published weekly, and furnished to
fcaiiicr*at three dollars per annum, in ad-
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ertr, subservient to the political end
u< t„ be accomplished.”
KHAKCIIISEMENT OF
. STATES.”
The tyranny from which wc at the South
are suffering so sharply, is not wholly unfelt
in the States that adhered to the Union in
the late war. We have a striking illustration
of this in the case of Mr. Thomas, Senator
elect from Maryland, who was denied his seat
by the body to which he had been chosen
strictly in accordance with the forms of law*
The only argument assigned for his exclusion
was that he supplied his son with a small
amount of money for his necessary expenses
when the latter left home against the wishes
and entreaties of his father to join the Con
federate army. There is no father of proper
sensibilities who w >uld not have done the
tamo thing, and it is not alleged that Mr.
Thomas ever, by word or deed, otherwise
favored the Confederate cause. He was
known throughout the war as a consistent
Union man, and for this simple act of pro-
Senate, on the Stanton Affair.
Washington, February 21,1868.
To the Senate of the United Slates:
I have received a copy of the resolution
adopted by the Senate on the 21st instant, as
follows :
“Whereas, The Senate have received and
considered the communication of the Presi
dent, stating that he bad removed Edwin M.
Stanton, Secretary of War, and has desig
nated the Adjutant General of the army to
net as Secretary of War ad interim ; there
fore,
“Resolved by the Senate of the United
States, That under the Constitution and laws
of the United States the President has do
power to remove the Secretary 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 designato another officer to per
form the duty of the office ad interim, and
by its preamble, is made expressly applicable
to the removal of Mr. 8tanton and the desig
of the power of removal. And it is plain, j the entirei Tenure-of-offlce act is unconstitutional,
,h„, it Sm. had b,™ no proviso, tbit power j ““SK Zt SmKHPuJ “I,. “SS
would just as clearly have been taken irom which I had tbe bouor to submit to Congress
him, as far as it applies to the several heads when I returned the bill lor its consideration,! have
of departments, but for reasons no doubt retrained from making a removal of any officer
satisfactory to Congress, these principal offi- ! contrary to the provisions of the law, and have
. ,, ° *, only exercised that power in the case of Mr. 8tan-
cers were specially provided for, and *3 to ton, which in my judgment did not come within
the express and only requirements is that the its provisions. I have endeavored to proceed with
President, who has appointed them, shall, in the greatest circumspection,and have acted only
sr Fifteen or twenty millions dollars in
j Itw sold Saturday at Gallaher’s Ex
it in New York, at 142 3 8al431 4,
it; it 10 o'clock at night at 143 1 8.
jr]t is stated that Attorney General
: ry. Judge Block and Charles O?Conor,
will defend tho President before the
tx in the event of his impeachment. *
gr IMjnr Gen. Geo. II. Thomas has telo-
jhtl lo Washington, declining tho prof-
el hurts of Licuteuant General and Gcn-
vidiDg his son with money under the circum-1 nation to act ad interim of the Adjutant
stancesstated.be was denied a scat.in ^ army Without therefore, at-
„ ... tempting to discuss the general power of re-
Senate by the Radical majority, and his State I moral as to all officers, upon which subject
deprived of her constitutional right to rep-1 no expression of opinion is contained in the
rcsentation in that body. resolution, I shall confine myself to the ques-
. . , „ „ tion as’ thus limited—the power to remove
2\ow, what does all this mean ? No man I j b e Secretary of War. It is declarcdin the
liis senses will say that the .reason set up resolution that under the Constitution and
for Mr. Thomas’ exclusion is nnytbiDg more laws of the United States, tho President has
or less than a mere pretext, or apology, and n ,° P°" ^ r wmovotlie Secretary of War and
,, . q . * , .. . . „ ’ „ designato any other oflicer to perlorm the
that the Senate, weak as it is intellectually I dtuils e f Utat offioe ad Interim,
on the Radical side, does not contain three As to tbe question of power under the Con-
men of minds so stupid as to have been influ- stitution I do not propose a£ present to enter
enced by it. The real and only cause was, | u P on its discussion. The uniform practice
Mr. Thomas is ^Democrat and not a Repub- f r ?“ the beginning of the government as es-
„ ■ , .... , , , , tablislied by every. President who has exer-
lican. The- Senate has deliberately cstab- c - lsed t he office, and the decision of the
lished the precedent that no man of politics Supreme Court of the United States, have
different from their own shall bo a member settled the question in favor of tbe power of
of their body. This is clear. The servants the President to remove all officere, excepting
» .. , , - . a class holding appointments of a judicial
of one. portion of the people have set them- cbara cter. No practice or any decision has
selves up as masters of the other portion, and ever excepted a Secretary of War from thm
claim the right to say when and by whom general power of tbe President to make re-
Sovcreign States of tbe Union shall bo repre- movnls from office. It is only necessary then
1. Ike public councils. Tb. OMb I JttttSfl
tion says each house shall bo the exclusive
without the advice and consent of the Sen
ate, remove them from office. The conse
quence that as to my Cabinet, embracing the
officers designated in the first section, the act
takes from me the power without tho con
currence of the Senate to remove any one of
them I have appointed, but it does protect
such of them a9 I did not appoint, nor give to
them any Tenure-of-office beyond my pleas
ure,
On examination of this act, then, it shows
that while in one part of the section provis
ion is made for officers generally, and in
another clause there is a class ot officers
designated by their official title who are ex
empted from the general terms oftlie law, and
in reference to whom a clear distinction is
made as to the general power of removal,
the first clause of the section makes the dis
tinction that such officers enumerated as
holding office under the appointment of the
President, tbe power of removal can only be
exercised by him with the consent of the Sen
ate, while as to those who have not been ap
pointed by him, there is no likelihood ot a
denial of bis power to displace them.
It would be a violation of the plain mean
ing of this enactment to place Mr. Stanton
upon this footing as these heads of depart
ments who have been appointed by me. As
to him, this law gives him no tenure of Office.
The members ot my Cabinet, who have been
appointed by him, are by this act entitled to
hold for one month alter the term of my office
shall cease, but Mr. Stanton could not, against
the wishes of my successor, hold a moment
thereafter. It he was permitted by my suc
cessor to hold for the first two weeks, would
that successor have no power to remove him ?
But the power of my successor over him
would be no greater than my own. If my
suocessor would have the power to remove
■Mr. Stanton, after permitting him to remain
a period of over two weeks, because he was
not appointed by bim, but by his predeces
sor, I, who have tolerated Mr". Stanton for
more than two years, certainly have the same
Tight to remove him, and upon the sapie
ground, namely, that he was not appointed
au extreme and exceptional ease, and will carefully
follow the course which I have marked ont by my
self as a general rule, faithlully to execute all
laws.
I hare appealed and sought to appeal to tbsc
final arbiter fixed by the Constitution for the
determination of all such questions. To this
course I have been impelled by the solemn ob
ligations which rest upon me to sustain, invio
late, the powers of the nigh office committed to
toy hands, whatever be the consequence; if
merely personal to myself, I could not allow
them to prevail against a public duty so elear to
my own mind, and so. imperative of what was
possible had been certain if I had been fully
advised when I removed Mr. Stanton. That in
thus defending the trust committed to my hands,
my own removal was soon to follow, I could not
regularly proposed “shall be valid to all in
tents and purposes, as part of the very letter
of the Constitution, when ratified by the Leg
islatures of tlirce-fourths of the several
States.” The incorporation takes place by
act and operation of law, at the very instant
that the last State in the required number
lias, by its legislative approval, ratified the
amendment. No further action is required,
nor can any inaction elsewhere stay the con
summation, even for an instant.
Conceding that the office of Congress ends
with the transmission of the proposal to the
States; and that all subsequent effective ac
tion must be exclusively in and by the sev
eral States, it will be difficult for any jurist
to deny that each State is precisely like an
individual about to form a compact, free to
give or withhold it, just as long as any other
of the requisite number is in the same condi
tion. And here also the letter of the Consti
tution is admirably concise and precise. Its
language is that the amendment shall become
valid “when ratified” by the Legislatures of
hare hesitated. Actuated by public considere- the required number of States. There might
tions of the highest character, I protest against have tieen a cavil as to the import had it
the resolution of theSonate which charges me in
what I have done with a violation of the Const!
tution and laws of the United States.
(Signed) Andbbw Johnson.
Washington, Feb. 22, 1868.
Can a State Withdraw Its Ratification of a
Constitutional Amendment, and When!
IPmionc Republican.—Major James
fcitofConnecticut, hitherto a Republican
11 soldier of the Union, has written a
(dig letter to tho Norwich Grant Club
- 3 ; "“"dicrship and office. lie scorns
kcm with a CluD • mu.j l». and ar-
tstdbt.and for the most part addressed
d * who sympathize with the Radical
?ia its war on the Executive,' the Su
ae Court, the .peoplo of the North and
muy of the nation,” and assigns the
ring sound reasons for his course
'caneof “liurrah, boys 1” will not blind
-pic to the issue now before them.—
propose to hold the Radical party
! -countable for the present condition
f.'uatry and the di9graco their legisla
te brought upon it at home und abroad,
tbe record of that party before me, I
'paferto go with those who were wrong
ee now right, than thoso who were right
‘ ir wrong.
■ thought Southern Radicals were ca
ff one honest patriotic impulse,"we
■J urge this case of a Northern Republi
'poo their consideration. He proposes
wont from the vilo faction, while they
-S in to fill his place.
Wiuoiho Words.—Commentingupon
tr received from one of its correspond-
- Louisiana, in which the writer says
tawscs no signs in the North of that
I resistance, to rho despotism exer-
‘‘Tertis South, the chains of which
mutually fit the limbs of the other
' six States, as they do now the ten
!tra States, the New York Express says:
P 8 . tienfe > good friends! The
* which is brooding over (be North is
S*Uj,isnot indifference, is not subniis-
-'Urpstion or tyranny—but the calm
"*• i f 10 8torm - ^ ,e g rca t heart of
fifp.e for the moment is too full for ut-
. -bat the time is near at hand when
fx* 1 * xnd Traitors, who are now tear-
^ we Temple of Liberty by piccc-
: > ‘o be summoned by them to account
^ tbe chains tlmt are preparing for
^ be put on their limbs. The govern-
btn these sappers and miners are now
ecutivo under the laws of the United States
to remove from office n Secretary of War.—
judge of “the election and qualification of I The resolution denies that under these laws | by'mer’buTrny predeccssor!
its members,” simply meaning that the elec- bhis power has any existence; in other words | Under this construction of the Tcnurc-of-offlcc
tions shall be conducted according to law, ltaffi . rtns that ™ sudi authority is recognized | act, I Dave never doubted my power to remove
r _ ° ..-’lor given by the statutes of tbe country.— mm, whether tho act “was constitutional or not,
and the members elect shall have the qualm- 1 w(,of then are the laws oftlie TTmferl States ' have always been of tho opinion that 5t did
cations prescribed in the Constitution; yet which deny the President the power to re- | Uowe've^a^hcre“vroTub'ts'a., 1 to “the "con’
these Radical revolutionists claim and exer- move that orncer? I Know but two laws structionof the law, and from the first deemed it
cise the ri"ht to nre=cribc other oualificationq bear u P on tLia questior. The first, I desirable that at tho earliest possible moment
cise ti.e n D nt to prescribe! oilier qualifications - n or(kr Qf Js tfae nct of Au „ ust 7tll > these doubts should be settled and the true con-
tlmn thoso named in the Constitution, and to i780j crcatins th ’ c Department of War, which ;
exclude from membership, in their discretion, after providing.for a Secretary as its princi- j of pension ia fegSrt ^t^TuitodeS^to
all persons whose political views happen not pal officer, proceeds as follows : place ihe case in such a position as would make a
to cnaftre with their own Tt i<? hv this onm- “Sec. 2. And be it further enacted. That J resort to a judicial decision both necessary and
to squ ire witu their ov. n. it is Dy this sum- . JtNj be j n tbe department an in - P ro l ,cr - understanding and wishes, however,
mary process that the rights of tho States are f . , >, • , j unchir that order of suspension was frustrated, and
. , , . 7 . ... I fcrior Officer, to be appointed by tbe said the lata order for Mr Stnnton’a rsinnvnl Wfi» B
to be overthrown, and their representation m principal officer, and to be employed therein ’ further step toward the accomplishments of that
the national councils subjected to tho arbi- ns he shall deem proper, and to be called < purpose. 1 repeat that my own conviction as to
trary.will of a hand of self-constituted olignr- Chief Clerk in the Department of War, and | SS? J&fc.jSS
J who trhnnoeor tho cowl lirinoinnl nflionr chill i COD 5‘l‘Ul!01)aJlly were Well settled, and were SUS-
cbists at Washington. ? VUo > wnen ? T ? r the sam principal omccr shall | taincd b e7e merab er ofmv Cabinet, including
. . . be removed from office by the President of i Mr. 8tanton himself upon the question of cou-
Tlicrc is no avoiding this conclusion. In [ the United States, or in any other case of va-1 etitutionality. Each one then deliberately ud-
prqof that Congress is animated by purely I Tenure of-cfllce was uncou-
parly motives we have omy to cite another ’ ^ lining to'the said department.” .
case that was transpiring in the House, while f tis that this act passed by a Con-! took from me the pow^e Femove mem^one of
the Senator from Maryland was being ostra- gress many of whose members participated these members, in the presence of the other, sit-
ciscd in tlie Senate. A man named Butler, in the formation of the Constitution, so far J ring in Cabinet, declared emphatically they did
I „r ,1,. *„ not come within the pravisions ot the act, and it
from the State of Tennessee, appeared as K rom denying the power of the President to . w a5 no protcciion to them. No one dissented
claimant for a seat as Representative He lemo Y v . tbo . be 7 rctary of .”*f* recognized it j f rom this construction, and I understood them all
1 . . as existing in the Executive alone, without; to acquiesce in Its correctness In a matter of
contcsscd that lie had been a “rebel," that lie the concurrence of the Senate, or of any i such grave consequence, I was not disposed to
had warred against tho Union, and that’ he other department of the Government Fur- ! Xsdmtiond adhere.’ I^hafe/Thera^ort
could not take tho iron-clad oath. His de— j tuermore, this act does not purport to con— i gotujht to bring the question, atan early a day as
votion to the Radical Dart u however was M er P ower Legislative authority, nor possible, belorc the aupreme Court of the United
\otion to t ie Radical ymrry, nowever, was fact was t h e rc any upon the Executive.— I States lor final and authoritative diecusaiOD. In
fully established, and he was forthwith ad- i recognition of the power by this act is ; respect to eo much ot the resolution as relates to
mitted to his scat by a party vote and released therelorc'complctc as a recognition under tlie j
from taking the oath! I Constitution itself, for tucrc was no other j this power under the provisions of the first 6ec-
' . , ,• source or authority from which it could be ! tion of thenct of February 13. 1TO5, which, so lar
W hat is to become ot the States and the 1 derived. j a ® they arc applicable to a vaeauey cansed by re-
liberties of the people, if this extraordinary Tbe other act which refers to this question jnovals, I jttnderstand to bo still in iorce. The
. . , . , . « , I . . , 4 . ^ . legislation for the subject ol ad interim appoint-
usurpation is submitted to? How long can I is that regulatiug the tenure of certain civil } ments in the Executive Department stands as to
government of any kind be maintained when °® c r es . passedby Congress on the second day , the War office us follows■
, . •, 7 ... . , . I of March, 1867. The first section of that act The action of tho act of the 2d of August, 1758,
the fundamental law of the land, and all re- j sbj ^ f 0 u 0W jn«j words: “That any person I made no provision lor a vacancy In the verj-
strictions upon Congressional power,arc thus holdin" any civil office to which he has been e® 50 of a removal of the head oftbc ar Depart-
set aside for the advancemeut of a political I appointed by and with the advice and con— j and custody of the records, books ind papers to
party? Maryland has thus been excluded I se >U of the Senate, and any person who shall j the chiet clerk. Next, by the act of the 8th of
‘ ‘ _ J hereafter be oppointed to any such office and May, 1792, section 8, it is provided, that in case of
from the Senate, and although we know I 8 haU become duly qualified to act therein, ! vacancy occasioned by death, absence from the
nothing of the history of the new Senator 8baU b entitled to bold office untfl avie- j
from Kentucky, being a Democrat or sympa- cessor sliall have been in a like manner ap- 1 a person to perlorm the duties of tho office until a
' - ii *° u P* ct was created by the peo-
^ people, and by tho people it will
. '„ km ul> at whatever hazard and at
• co *t The aervant* of the people
1° he their masters—but woe to
"Captions and toaltwch betroxali
“* B *he day of settlement comes.
>£t) Division" ov Texas.—Mr. Ste-
•Jid. will, «t an early day, bring
a bill for the division ot
."othree States. Such a proposition
i r g with the proceeding* of that
.,'**1 body that passes under the
“Congress, and we shall not be eur-
■•xdoption, especially as old Thad.
^ ! he Great Mogul of Radicalism.—
disregard of tho Constitution
i . °f G ®eo of Radical Congress
. * D this as in all their other
.• *° Constitution says in so many
, a ° new State shall bo formed or
•n the jurisdiction of any other
a!** We have already seen in th
Virginia, that makes no sort
'i‘' n the interests of the Radi
•".’.' I. The Constitution
. -mall consideration in Congrea-
^ bif'V' Out.—It seems that Apa-
hn. played out as a cotton
tired tl hhe war 125,000 bales
,-v Tliis season, however,
! "0, the total receipts have
Ite 8tock > I|830. 'i'hc total
*0r hales, of which 3,056
••“os and .1,808 to New York.
thiscr with that party, wc predict that some
such frivolous pretext will be trumped up in
bis case, to result finally in liis rejection.
Kentucky has already been disfranchised in
the nouse, and there is no reason to suppose
that her rights will command n greater de
gree of respect at the hands of those who
have just voted to exclude Senator Thomas.
It is difficult to say what is to come of
these usurpations. It is hard to reach them
through the forms of law, for the law con
templates no such outrages and makes no
provision for them. As the Radical party in
Congress continue to exercise arbitrary power
under the pretext of authority from the Con
stitution. the country, we suppose, must sub
mit to the outrage upon its rights for thetime
being,or resort to means that will precipitate
a conflict at arms. In view of all the troubles
of tbe times, we sometimes think it would be
best for us, could some champion of the Con
stitution arise, to grasp the sceptre of dicta
torial power, and with bayonets and camion
as sanctions to bis authority, ban# “P these
insolent traitors and usurpers and proclaim
the law as established by our fathers ns sacred
and supreme over all. The sword in the
hands of a patriot, and hacked by the peo
pie, might now work wonders in the cause of
liberty and constitutional government
these distracted States. And to this it must
come if some other way of escape from pres
ent embarrassments be not speedily devised
and carried into practical effect
One thing is sure—we cannot long remain
as we are. The mild and just principles of
the Constitution must be revived in one way
or another, or else we must rapidly decline
into a despotism. It is a serious question for
the statesman and patriot, whether we have
not reached that point where constitutional
forms are impotent to protect the rights of
the States and people, and resort must again
be bad to that original, inherent power
through the severe exercise of which free gov
ernment was originally established on the
American continent. It is a grave issue, aDd
the people have the right to decide it. They
should bring to its consideration minds puri
fied of every corrupt thought or selfish am
bition, and imbued with an earnest desire for
the country’s good.
; the War Department, tho President may authorize
. . a person to perform the duties of tho office until a
pointed and qualified, except as is herein or successor is appointed or the disability removed,
otherwise provided; provided that the Sec- | The act, itwilt be observed, does not provide for
rrtnrv of State of the Treasure of War of the ease of a vacancy caused by removal. Then
retary of State, of tue i rcasuir or war, of , by the first section of the act ol February 13,1795,
tbe Navy, of the Interior, the I ostmaster i it is provided that in case of any vacancy the Pres-
General, and tho Attorney General shall hold ident may appoint a person to perform the duties
the offices respectively for .and during the while the vacancy exists. #
term of the President by whom they may These acts are followed by that of the 20th of
have been appointed, and for one month ! February, 1803, by tho first section of which
thereafter, subject to removal by and with Provision is again mado for a vacancy caused
., , »„ | by death, resignation, absence from the seat of
the advice and consent of the Senate. _ I government, or sickness of the head of any Ex-
The fourth section of the same act restricts * ecutive Department, aDd upon the occurrence of
the test of office to the limit prescribed by “ e.
the law creating them. That part of the
first section which precedes the proviso, de
clares that every person holding a civil office,
to which he had been or may be appointed,
and with the advice and consent of the Sen
ate, shall hold such until a successor shall
have been in like manner appointed. It pur
ports to take from the Executive, during the
such a vacancy, power is givon to tho President
to authorize tho head of-auy other Executive
Department, or any other officer in either of
said departments whose appointments are vest
ed in the President, at his discretion, to perform
tho duties of the said respective officers until a
successor be appointed, in such absence or ina
bility by sickness shall ccaso, provided that no
ono vacancy shall be supplied in the manner
aforesaid for a longer period than six months.
- , . . ., , - . „ - , . This law. with some modifications, re-enacts the
fixed time established for the Tenure-of- | ac [ 0 j ’and provides, as did tint act, for the
office, the independent power of removals, , sort of vacancies to be filled, but the act of 1792
and to require for such removal the concur- j makes no provision for a vacancy caused by re
rent action of the President and the Senate, i mpval. It has reference altogether to vacancies
‘ a - : arit-inir irom other cuuits. According to my con-
Tlie proviso that follows proceeds to fix the I g t ruc ii 0 n of the act of 1SC3, while it impliedly rc-
term of office of the several beads of depart-1 l)Cat? th„ «<>* of iw. —“nt "^‘ UC1C3
ments, where the tenure had never been dc- : therein designated, it l.as no bearing whatever
fined before, bv prcsctfMn* , ^ c d b ? removal^°t£ act’th3«
nom tficir office, respectively, for and during j urnigheg tbe rule l0I . a vacancy occasioned by re-
tlie term of tlie President by whom they may ? moval, one ot the vacancies expressly referred to
have been appointed, and for .one month ' j n the act of fee 7lh of August, 1789, creating the
thereafter, subject to removal by and with j Department of Wur. Certainly there is no express
tlie Rflvice and consent of the Senate repeal by the act ot 1863 of the act of 179a. The
the advice and consent ot me oenate. repeal,it there is aay, is by implication, and can
Thus, as to these enumerated officers, tlie : only be admitted se far as there is a clear incon-
proviso from the President for power of re- 1 sistency between the two acts,
inoval, except with the advice and consent j The act of 1795 is inconsistent with that of 1S63
of tfie Senate. By its terms, however, before i *s to a vacancy occasioned by death, resignation,
i h« rionrivpd of the tiowcr to disnlace : ab-ence or sickness, but not at all inconsistent as
fie can be deprived of the power to displace j t0 a vaeancy cauge d by removal. It is assuredly
them, it must appear that he himself lias ap j proper that tho President should have the same
pointed them, and it is only in that case they | power to fill temporarily a vacancy occasioned by
have any tenure of office, or any independent ; removal, ns he has the power to supply a place
ri"ht to hold office during the term of the I made vacant by death, or at the expiration of a
ri„ut to iy n _ ' term, or for instance the incumbent of au office
President and one nionth niter the cessation sbou j ( j be f OUU( j wholly unfit to execute the func-
of his official functions. The proviso there j tj 0 ns of other public service, should require his
fore gives no tenure of office to any one of immediate expulsion, a remedy should exist and
these officers who has been appointed by the , be at once applied, and time be allowed the Presi-
r> -i *1 »„r,.l one month after the acres- : dent lo select and appoint a successor, as is per-
Prestdenf beyond one month after the acces- mKted him o( a vacancy, caused by
ston of his .successor. In the case ot air. j deltb) ortb c termination of an official term.
Stanton, the only appointment under which i The neeessity, therefore, for an ad interim ap-
bc held the office of Secretary of War was pointment is just as great, and indeed may be
that conferred upon him by my immediate greater i n cases of removalthan in others There-
^ •liax i rDhCBnt lorethat the power given by the act ot 1795 in
predeoessor, with the advice and consent ot cascg Q fremoval!istbrogmte*by succeedinglegis-
tue Senate. He has never held from me any j*tion, an express repeal ought to appenr. So
appointment as the head of the War Depart- wholesome a power should certainly not be taken
ment. Whatever right he had to hold the away by loose implication. It may be, however,
office was fieri veil fro... »li»t original su- ,bat in ,bi *> “ ln other cases ot implied repeal,
office was derived iroui that original ap doubt8 m »y arise. It is confessedly one of the
pointment and my own influence. The law subtle and debatable quest ions which arise in the
wa3 not intended to protect such an incum- reconstruction of States. If, upon such a question,
bent of the War Department by taking from I have fallen into an erroneous construction, I
tbe President the power to remove bim.— submit whether it should_be characterized aa a
This, in my judgment, is perfectly clear, and vl fbavedre^ it propc*“ d in f indication of the
tbe law itself admits of no other construction. couree ol which I have concluded it my duty to
In all that portion of the first section take, to place before the Seuate the reasons upon
which precedes the proviso, that as to civil which I have based my ■ action, although T have
This important question was most ably
discussed last week in the Ne w Jersey Senate,
by Hon. G. W. Winfield. The 8peaker took
the affirmative side- of the question, and in
the course of his argument introduced letters
from Judge Curtis, of Massachusetts, Hod.
Reverdy Johnson and Charles O’Conor, Esq.
The views of the gentleman last named are
so strong and conclusive that we trasferthem
to our columns:—Eds. Tel.
OPINION OP CHAS. O’CONOR.
New York, February 8.
My Dear Sir: The question to which you
refer is of the highest importance and de
mands a careful consideration.
The amendment is in itself most pernicious;
it violates a great unwiitten fundamental
idea on which the Constitution i3 based. It
has Dot inaptly been termed an unconstitu
tional alteration. It.violates first principles
and is intended to perpetuate discord. Le
gitimate force it has none, and it never can
have any consistenly with the maintenance of
our institutions; consequently, whatever may
lawfully be done to deprive it ofcoloraMc au
thority, ought to done.
I need not-pursue this topic further, as I
judge from vour note you take my view of the
main question.
Your inquiry is directed to the pomt
whether a consenting State has authority to
rescind its act of ratification until tho amend
ment shall have become incorporated with
the Constitution by the concurrence of the
required number.
Such a case is not anticipated or expressly
provided for in the Constitution; and, con
sequently, the point must be determined upon
general principles, aided-by such analogies as
judicial and political -experience may afford
During its progress to maturity, this pro
cess of amendment is strictly analogous to a
proposal for a compact made to parties who
a.o competent to accept 01 a«ehne as iucj
think fit. It is an. universal rule admitting
of no exception that such a proposal is re
vocable until accepted. Judicial authorities
numberless might be cited in support of this
proposition. I will furnish many if you de
sire. The decisions and elementary works
all concur. Indeed, it is a rule dictated by
the simplest perceptions of justice and right
reason. No one lias ever been found silly or
hardy enough to question it. It may be pro
nounced a maxim, that until all are bound
none arc bound. This doctrine cannot be
less applicable to States or public corporate
bodies than to individuals.
There arc cases where a concurrence of many
is required to consummate a work, and in
which an assent once given is irrevocable.—
Blit this always results not from the nature of
the thing, but from the forms prescribed by
some positive and controlling law of pro
cedure which dictates the precise mode of
giving assent, and necessarily precludes sub
sequent action by tbe assenting party. For
instance, the- concurrence. of a majority of
electors is necessary to elect a public officer,
but'a positive law 'dictates tho form in which
ono shall vote, and it forbids any subsequent
access by him to the ballot box. We niay
refer also to tho case of a bill approved by
ono branch of the Legislature and transmitted
in due form to tfie other.- Perhaps, if the lat-
ttr decline the common courtesy of returning
it for reconsideration, the first body cannot
revoke its vote. But here the same reason
ing applies as in the case of the private in
dividual voter.
The constitution prescribes all the forms of
procedure; the bill, when sent out in con
formity with that instrument, has, perhaps,
in strictness, passed from the control of the
body first adopting it. These and the like
are all cases of power and procedure, where
both the power and the procedure are sharp
ly and precisely defined by a paramount law.
In providing for amendments the Consti
tution of tbe United States uses only general
terms; it prescribes no forms. It follows, as
a necessary consequence, that tbe general
principles of convenience and justice, discern-
able by common sense and practical wisdom,
must control; and no precedents can aid us
except adjudications in cases which were de
cided upon general principles as contradis
tinguished from mere positive laws concern
ing procedure.
The Constitution treats Congress as a spe
cies of conveyance to frame the amendments
and send them to the several States, embra
cing in the proposal, and as a necessary ele
ment thereof, a direction that the ratification
shall be by tfie Legislatures or by State Con
ventions, as Congress may think ipost advisa
ble. No other power is conferred upon Con
gress ; no other control over the process of
ratification, either in substance or even in
matter of form, is conferred.
It is convenient that the ratification should
be certified to some common agent and the
result made public through a like instru
mentality. No more suitable recipientiu the
one case or promulgator in tbe other can be
imagined tfian Congress. But the Constitu
tion prescribes nothing of the kind ; nor can
it be maintained that either of these acts is
necessary to render tho amendment valid.—
The Judiciary is bound ex officio to take no
tice of all public legislative acts of the re
spective States ; and whenever three-fourths
oi the States shall ratify any amendment the
Supreme Federal tribunal will be bound to
hold that it is adopted, and the judges of the
respective States must acquiesce in its judg
ment.
This is plainly so in the reason of the thing;
otherwise, a ratification by three-fourths of
the States, or ali'of them,could not take ef
fect, if a simple majority of a new Congress,
elected subsequently to the proposal, should
decline to record or proclaim the result. No
such control over the States is given to that
body. Nor is this point left to general rea
soning ; the very letter of the Constitution
settles it. That instrument declares in the
declared that the amendment should take
effect “in case tho Legislatures of three-
fourths, etc., shall ratify.” But in defining
how the incorporation of the amendment
with the original instrument shall be effected,
a precise instant ot time, and a like coexist
ing of things within all the requisite number
of States, are’both referred to in language-at
once brief, comprehensive and unmistakable.
Time, place, and State-will are by the most
appropriate terms required to coincide. It is
“when ratified,” i. e., where being and stand
ing ratified, or approved by the requisite
number of Legislatures, that this new off
spring of sovereignty is to spring into exist-:
ence with full and absolute validity.
It will be seen, therefore, that the great
principles'of natural justice, analogy to all
similar things, and the very letter of the Con
stitution, concur in leaving it within the
power of each State to exercise its free will
on this great question until the same precise
pdint and moment of time. None are bound
uptil all are bound; and every State becomes
bound at precisely the same moment.
A different construction would lead toin-
admissable consequences. Congress having
no power to revoke a proposed amendment,
it ten States should pass a vote of ratification,
they would stand bound till the end of time,
though no others should assent. In. this case
the non-assenting States would stand free at
every point of time through all future ages to
adopt it. Under such a condition of the
business the States would be placed in a very
unequal condition. In process ot time half a
dozen amendments proposed by Congress at
different periods might be-thus hanging in
suspense, the reluctant States being at liberty
to adopt any one or more of them at any
moment.
Another case might bo supposed which
would servo- to show tho unreasonableness
of any other doctrine than that now asserted.
On the presentation of a proposed amend
ment, several States might reject it. Further
discussion of tbe subject in other States might
produce a general conviction of its utility.
Will it be' contended that the non-content
States might not take up the subject afresh,
and reverse tlieir first and unfavorable con
clusion ? If so, the Southern States that hayi*
rejected this amendment cannr.i-_ ratitj
it; their powers are exhausted. This, m-
ueea, may bd denied, because the Constitu
tion says nothing about rpjection.
I concede the weight of this argument on
the mere letter; but claim pari ratione,-that
the Constitution says nothing about any rati
fication, save a ratification or assent by all
tlie required number of States, existing at one
and the same point of time. Every consent,
whilst it remains unaccepted, is naturally
ambulatory. No sound, unprejudiced thinker
will ever question the right of a rejecting
State to withdraw its assent until the amend
ment shall have become part ot the Constitu
tion.
I am, dear sir, with great resect, yours
truly, CM. O’Conor.
To Hon. C. H. Winfield. ^ the Senate, Tren
ton, N. J. _
an’ little, to feed de
hogs.”
What this Congo idiot was trying to get
at it wonld be decidedly hard to imagine,
unless he was getting ready to present a bill
to forever exempt gentlemen of tho nigger
persuasion from the aristocratic occupation
of feeding hogs! He was probably laboring
under the impression that the “bottom rail
was on top,” with tho fight between niggers
and bogs, with hogs standing the best chance
as against him.
Down in the Georgia Menagerie they have
some equally intelligent specimens of the
Congo breed. Here is a sample resolution in
troduced by a “manhood” cf infinite black
ness. It was conveyed to the clerk’s desk by
a small white boy, and as near as types will
present was as follows:'
order on Suffrage
We the People of Georgia in the convention
assembled be it or dained.
That all male Sitasons of this State are
Voters and Jurors and Be it or dained by the
People Assembled in convention that no Law
Shall Be pass By this convention to Null tho
act confured under the constitution of the
state of Georgia By No Legislature or con
vention in the State of Georgia Exept those
who Congress Have Disfranchise.
Laying aside orthography, chirography,
and respectable phraseology, the delegate
makes his ideas wonderfully comprehensive,
and it is doubtful which are clearest, his
ideas, or his inimitable manner of expressing
them!
This brilliant display of African composi
tion is nearly equalled by the following gush
ing resolution which fell suddenly one day
upon the astonished animals of the Old Do
minion Menagerie. It is the production of
the brain (?J and pen, combined, of ono
Hodges, one of the bottom rails that have
recently been elevated to the top :
Whereas there are large tracts of unculti- .
vated and unoccupied wood land swamp
and marshes which are inhabited with wild
annemals gees ducks birds and fish and
whereas hunting gunning and fishing, are
Honorable and often necessary and.sumtimes
profitable and whereas there are many poor
men laboring menn in this state which cir
cumstances makes it necessary for them to
hunt game and fish to enable them to ser-
port themselves & family .therefore be it Re
solved by this Convention that all woodland
swamps marshes creeks Rivers Lakes & Bays
in this State shall be free for all persons to
bunt gun or fish on or in as the case may bo
provident they dont destroy any private .
property in so doing."
Owing to the fact that such illustrious pro
ductions as these will be tumbled on to tho
Conventions, in spite of all the White Radi
cals can. possibly dp, it is suggested, and
strongly urged, that a “resolution .writer
should be engaged for the use of the intelli
gent brothers.” Looking undoubtedly to
the accomplishment of this object, the fol
lowing resolution was written and found lost
on the floor of the Virginia Convention by
the poor white trash, who did the sweeping
out: . ■ • ' ;
“Whereas titer bes members of dis dissern-
bly, who* fru uo fait of dar own, ar ignorant
of thp fust principles of de tre graces—ete-
moligce, sintacks and prosedee; darfore be it
“Resolbed. Dat, alo “i >
..j uc place of Reselution lighter, a gen
tlemen ob dar own seleckshun. ani-l possin al
de qualufication wlios duti it shall be to pre-
par all reselushuns, messages, and writins
thru wich the members seak to'gane de liearin
ot tlie'Conwentshun.”
These are the “manhoods” who are making
Constitutions for the States that have pro
duced the patriots of the Republic—the men
who made America proud and glorious as she
was in 1776 to 1860.
African Idiosyncrasy—“Who Frowed Dose
Brick !” .
From the Ladrosse Democrat.]
Anglo-Saxon is a big thing—a thing of
wonder, but to a genuine Congo it is.not at
all to be compared. Artemus Ward was
_entleman of much humor, of exceeding wit,
of irrepressible mirth. But his rib-tickling
and fat creating essays were the result of much
labor and weary study. Poor Artemus did
not know what native wit was, and those
who passed into dark oblivion before tbe
day of the Congo Conventions of the South,
did never see its full development, nor com
prehend its magnificent meaning.
To be suro we had some intimations,
through tho “sooty” and vulgar jokes of a
certain supposed President of what we
expect from the wonderful prodigies of Afri
can statesmanship, when they acquired full
swing. But then they were such slight inti
mations, and so weakly given, like everything
else attempted by the low Aby, that we could
not thoroughly appreciate them. s
Being somewhat prepared for grand Afri
can outbursts by many of the “L. L.’s” effu
sions we are perhaps not entirely Qualified to
discover and point out the finer points in the
following eloquent slobbering over the Black
The Votk on Impeachment.—The follow
ing is cue vote on the Impeachment resolu
tion : ... .
Yeas—Messrs. Adams, Allison, Ames, An
derson, Arnell, Ashley of Nevada, Ashley of
Ohio, Bailey, Baker, Baldwin, Banks, Bea
man, Beatty, Benton, Bingham, Blaine, Blair,
Boutwell, Bromwell, Broomall, Buckland,
Butler, Cake, Churchill;* Clarke of Ohio,
Clarke of Kansas, Cobb, Coburn, Cook,
Cornell, Covode, Cullum, Dawes, Dixon,
Dodge, Donnelly, Driggs, Eckley, Eggleston,
Eliot, Farnsworth, Ferris, Fields, Finney,
Garfield, Gollady, Gravelly,. Griswold, Hal
sey, Harding, Hawkins, Higby, Hall,
Hooper, Hopkins, Hubbard of Iowa, Hub
bard of West Virginia, Hulburd, Hunter, In-
gersoll, jenckes, Judd, Julian, Kelley,
Kelsey, Ketcham, Kitchen, Lallin, Law
rence of Pennsylvania, Lawrence of Ohio,
Lincoln, Loan, Logan, Loughridge, Lynch,
Mailary, Marvin, McCarthy, McClurg, Mer-
cur, Miller, Moore, Moorhead, Morrell, Mul
lins, Myers, Newcomb, Nunn, O’Neil, Orth,
Paine, Perham, Peters, Phelps, Pike, Pile,
Plant, Poland, Polsley, Prince, Raum, Rob
ertson, Ross, Sawyer, Scbenck, Schofield,
Selye, Shanks, Smith, Spalding, Starkweath
er, SteveDS of New Hampshire, Stevens of
Pennsylvania, Stokes, Taffe, Taylor, Trumblo
of Tennessee, Trowbridge, Twitchell, Upson,
Van Aerman, Van Horn of New Yyrk, Van
Wyck, Ward, Washburne of Wisconsin,
Washbure of Illinois, Washburne of Massa
chusetts, Welker, Williams of Pennsylvania,
Williams of Indiana, Wilson of Iowa, Wil
son of Ohio, Wilson of Pennsylvania, Win-
dom, Woodbridge, and Schuyler Colfax,
Speaker.
Nays—Messrs. Adams, Archer, Axtell,
Crook patriotism, gotten off by the celebra- —-—— —————> — -
ted Dr. Bayne, of the Virginia Menagerie, I Barnes. Barnum, Beck, Boyer, Brooks, Burr,
whose picture we published a short time I Cary, Chanler, Eldridge, Getz, Glossbrenner,
. r 1 r\ rr„:«l,7 TTiiY.RarvJ
since:
“He was de ’pinion dat Werginia was at
least ono hundred years behind’t Masserchu
setts. When he was up dar, when Bayne
ran away he went to Massachusetts,) he seed
pigs dat weighed mor’n four hundred pounds ;
an’de Masserchusetts people call ’em pigs,
not hogs. Now, down here in Wirginia de
pig house an’, de hen house is all de same,
wid one poor little runt of a pig in de one,
and a chicken wid de gapes in de order. An’
all dis comes from de license system of taxin’
folks. He wanted de lands taxed because
he didn’t want baboons, panters, and mon
keys, and things, eating his children up and
endangerin’ dar lives’s no longer.”
Bayne has a wonderful “felikity” of ex
pression, so-called, but after reading the
above, in the proceedings of the Convention,
all were at a loss to ascertain what was under
discussion, until some white delegate informs,
by asking Bayne “if taxing lands would make
the pigs any bigger?” and tbe African pro
ceeded to elucidate as follows:
“I wo’d bleege de gentium by goin’ back
to de fat pig agin.’ (Here he softly tapped
the palm of his left hand with tho index
fiDger of the other hand.) Now fur de fat
pig; an’ in order to clar up dis subjec’ aa’
not make fun out’n it, I will state dat dey has
holes in de hog pens up in Masserchusetts for
de hog or pig to put his head fru an’ eat as
much as ever he want, an’ den take his head
back so as not to dirty up his pen an’ distroy
anything; an’ den, besides dat, dey has on de'
outside a box sorter like dis desk, (here
Bayne compared his desk to a pig trough,
which was quite appropriate,) which perfects
his food from de chickens or anything dat
has no right to eat.
“Now, a little bit of a boy feeds dese hogs
up dar, but down here it takes de marster
Grover, Haight, Holman, Hotchkiss, Hubbard
of Connecticut, Humphrey, Johnson, Jones,
Kerr, Knott, Marshall, McCormick, McCul
lough. Morgan, Morrissey, Mungen, Niblack,
Nicholson, Phelps, Pruyn, Randall, Ross, Sit-
greaves, Stewart, Stone, Taber, Trimble of
Kentucky, VanAukcn, Van Trump, Wood,
Woodward.
’ The delay of the House Committee of
seven in framing the article of impeachment
against President Johnson, is said to be ow
ing to the fact that an impression exists that
he cannot be convicted by the Senate on the
prominent charge of violating the Tenure-of-
office act. Hence the Committee has bees
engaged in framing an aiticle with a view to
secure the united party vote, and, if possible,
to avoid all doubts.
Fire.—On Sunday night last, the dwel
ling and out houses of Mr. George Amos,
two miles west of Geneva, were consumed by
fire. There was no one on the place but ne
groes. Supposed to be the work of incendi
aries.— Washington, (,Ga.) Gazette.
Lo! The Poor Negro.—We learn from
various sources that interest in the treedmen
is on the wane. Kind hearts at the North
are cooling toward these infant patriots,, half
willing to thrust them out of the national
nursery, and let them toddle or fall as best
they may. Tho feeling - with many is, wa
have done about enough for them; now let
them shift for themselves.
[Springfeld Republican.
gf The President will assign another
commander to the new Atlantic District ip K
few days. Prominent Democrats are urging
the President to appoint General Halleck in
place of Gen. Sherman.