The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-12
WASHINGTON, February II.


A. senate.
Mr.. CHANDLER, of Michigan, moved that the
Senate take up the resolution offered bv him on
Saturday last, nstructing the Judiciary Oommittes
to inquire whether Andrew Johnson vice Pfesi.
dent ano aoung President of the United States
had any authority to appoint provisional Go.
Chandler said
Think this resolution is very important az this
lime. IL the President had no authority Of law
under the CONSTITUTION to appoint provisional Go
VeIhors ior the states lately in rebelon, then the
action OF those Governors falls. There have been
no governments established over these States and
the inception itself was illegal. Now, sir, desire
mat tne committee on the Judiciary should make
an early report upon this subject. II is to the
president, and IL is due to the country that these
am not lawyer, and am hardly ompetent to
decide for myself still less for the Senate whether
there was any such authority.
we Know, Mr.. President, that when Andrew
johnson, through the bullet Of J. Wilkes Booth
secame President of the United States, the rebels
had laid down their arms and that all Of these
rebel States were held by military powers; and
nnder this military power Andrew Johnson had
right to appoint military governors, not only fer
every one of the States lately in rebellion, but for
every city, had he fit so to do. The laws of
war are as we'll understood as the written Constr
tuition or the laws of peace. They regulate, go
Vern and control all civilized nations.
When MIR. Lincoln desired to create q govern
Pent IN Iennessee ne 4 f the IInfseS StaIe
aud as Brigader General in the army Of the United
States he appointed him Governor OF Tennessee.
This he had a right to do as Oommander-in. Chief
Of the army But, sir, II is another, and very diff
terent thing to appoint provisional governor.
believe, sir that IL is an office unknown to the
Constitution and laws of our government, and an
office which, in my judgment, he had no authority
TO create. Those governors were not sent to the
Senate for confirmation, nor would IL have made
them any more governors If we had confirmed
them because the Senate and Andrew johnson
together could not have created the office If there
was no authority of law Then, sir, It required
the House of Represen tatives and the Senate and
Andrew johnson united, having first enacted
thus appointed. Now, Mr.. President under the
laws Of war, as have said, he had right to hold
these States by military power and force. These
laws of war have been changed from age to age.
They are arbitrary; they are simply the will of the
eonqueror Under the laws of war in ancient
times prisoners of war were remorselessly put to
death The laws, from age to age, became modi-
fled, but late as the year 1866, as late as the
month OF July, 1866 the laws of war empowered
the conqueror TO levy all the expenses of the war
upon the conquered. When Prussia conquered
Austria she not only took from Austria what pro-
Vinces she desired TO take but she actually COM
PEELED Austria to pay thirty millions Of forms for
the expenses OF the war. When Austria annexed
Frankfort on the Main, she made Frankfort pay
for the expense for conquering her. Under the
laws of war the conquered must submit to the will
OF the conqueror, and the United States had per-
feet right under the laws of war; to make these
rebels pay the whole expense incurred by this GO
Eernment in putting down the rebellion.
Mr. President If Andrew johnson, in violation
Of law, in violation of the Constitution and with,
out authority under the laws of war, has assumed
and exercised power that did not belong to him,
but which belonged TO Congress, then do not
hesitate to say, and say it with deiberaton, that
for this one act, and il alone, Andrew johnson
should be impeached. 1 say it, sir, one of his
judges. say 1t understanding the force of what
say that If he is guilty of this act of usurpa-
tion-if this one act was without authority of law
of the Constitution or the laws of war, them sir,
he should be impeached The judge on the bench
has the right to say that If the man before him
guilty of murder then he ought TO be hanged; if he
was guilty of horse stealing then he should be sent
TO the States prison. The Judge has right to say
this; and have right M to say that II Andrew
ne is charged, then he ought TO be impeached for
that act and that alone.
But, Mr.. President, there are other allegations
made against Mr.. johnson, acting President Of the
United States. 1t is alleged, Mr.. President, know
not whether 1t be true false, that Andrew john
in railroad rolling stock throughout the south;
that he delivered over this property without au-
thority of law, to the rebel railroad agencies and
1T is alleged again that the railroad rolling stock
sent from the north TO the south, amounting to
many millions of dollars in value, was, without
authority OF law, and IN violation of law, by ex-
press order of Andrew johnson, sold on credit
70 those rebel railroad organizations.
II this allegation be true, then say that Andrew
johnson had as much right to put his hand into
the Treasury of the United States and take out so
many millions of dollars as he had to sell that
stock to the southern railroads credit, and for
that act, if he be guilty, say he should be I'M
peached and removed. Sir, this is a government
OF law, and the President is mere executive
officer to carry out the law. He is sworn to obey
and execute the law, and if he fails in that duty he
is amenable to the law, the same as any other in
dividual in the United States
1t is alleged, again, Mr.. President, and 1 know
not whether the allegation be true or false but it is
alleged, that Andrew johnson, without authority
of law, and in violation of law, ordered the col
lection of the direct tax levied upon those rebel
States TO be stopped. know not whether this be
true false. The allegations made, and be true
If in violation of law and against law he ordered
this thing to be done-then for that act Andrew
johnson should be ifhpeached and removed.
1t is likewise alleged, Mr.. President that An
drew Johnson has, in direct violation of the Oon-
stituton, which says he shall have power, by and
with the advice and consent of the Senate, TO make
treaties, provided tWo-thirds of the Senators
cur and that he shall nominate, and, by and with
the advice and consent OF the Senate, shall appoint
ambassadors and other public ministers and con-
suls, judges of the Supreme Court and all other
officers OF the United States whose appointment Is
are not herein otherwise provided tor which shall
be established by law-I say IL is alleged he has
violated this provision Of the Constitution
The Constitution has appointed as his advisers
the Senate of the United States, and the Senate OF
the United States must advise as we'll as consent
The Constitution declares. Now, sir, il is al
legged that in direct violation Of this clause of the
Constitution, he not only has not advised with the
Senate, but he has deliberately appointed men who
have been rejected by the Senate. / know, sir, IL
may be SAID that this thing hes been done before,
General Jackson did reappoint men who had been
rejected by the Senate.
patton General Jackson should have been i'm.
peached by the Congress of the United States
But, sir, will pass that over, and come to an
other allegation yet more startling. It is alleged
and know not whether it be true false, but II
is alleged-that Andrew johnson made appoint
ments during the recess OF the Senate by removing
the incumbents, and during the late long session
of Congress did not send the names to the Senate
at all, but on the adjournment OF the Senate with
out consulting the Senate, and IN direct violation
of the Constitution and of his oath of ofice, he
appointed those men, never having sent them 4
the Senate at all l know not whether IL be tru
or false, but II 1t be true, then say Andrew John
son snopld be impeaehed for this one act and 10
Il alone.
Sir, If the Congress of the United States permit
such violation OF the Constitution TO go unpun