The Montana post., 1868-02-29
The following Is the vote on the impeacb-

Ashley Of Nevada, Ashley of Ohio, Bailey,
Baker, Baldwin, Banks, Beaman, Beattie, Ben
ton. Bingham. Blaine, Blair, Boutwell,, Brem-l
well, Bromsll. Baekland, Butler, Coke. Church
in, Clark of Kansas, Clark of Ohio, Cobb, Co
burn, Cook, Cornell, Covode, Cullur,, Dawes,
Dodge, Driggs, Eckley, Eggleston,, Elliot,
Farnsworth, Ferris, Ferry, Fields, Grave1ly,
GrisWold Halsey, Harding,' Highly, Hill,
Hooper, Hopkins, Hubbard of Iowa, Hubbard
of West Va, Hulburt, Hunter, Ingezsoll,
JenekesJ Judd, Julian, Kelly, Kelsey, Keteh-
am, Kitchen, Latin, Lswrence Of Ohio, Lin
coin, Loan, Logan, Loughridge, Lynch, NAL
10y, Marvin, Mccarthy, McClnrg, Mercy,
Miller, Moore, Morehead, Marylll, Mullins,
Myers, Neweomb, Num-, o'Neil, 0rth, Paine,
Perham, Peters, Pike, Pile, Plants, Poland,
Polsley, Price, RauIn, Robertson, Sawyer,
Schenck, Schoneld, Sely ,Shanks, Smith, Spaul-
ding, Starkweather, Stevens of N. H, Stevens
of Pa, Starkes, Tahee, Taylor, Trowbridge,
Twitchel, Upson, Van Aernam, Van Holm of
N. Y, Van Wyck, Ward, Washburne of III,
Washbum of Mass. !, Walker, Williams of Pa,
Wilson of Iowa, Wilson of Ohio, Wilson of
Pa, winslow, Woodbridge, Mr.. Speaker; 126.
Nays; Adams, Archer, Axtell, Barnes, Bar
mum, Brek, Boyer, Brooks, Carey, Chanler,
Eldrilge, Fox, Getz, Glassbrenner. Galladay,
Grover, Haight, Hallman, Hitchcock, Hub
bard of Conn.,, Humphrey, johnson, Jones,
Knott, Marshall, Mccormick, Mccullough,
Morgan, Morrissey, Munger, Niblack, Nichol-
SON, Phelps, Pruyn, Pandall, Ross, Sitgreaves,
Stewart, Stone, Tabor, Trimble, of Ky, Van
Aukee, Van Trump, Wood, Woodward; AZ.
Tbs announcement of the result ELECTED no
manifestation, but the immense audience
which had filed the galleries and corridors
| all dal, had gradually dispersed until reduced
| to les than one fourth the original number.
Stevens, of N. H, moved to reconsider the
vote ty which the resolution was agreed to /;
also to lay the motion for reconsideration on
the table. The latter motion was agreed to,
this bling the parliamentary mode of making
| the decision final. Stevens. of Penn, then
moved the following: TL --I
Resolved, That committee of two be ap-
pointed to 20 to the Senate, and at the bar
thereof, in the name of the House and of &ll
the people of the United States, to impeaeh
Andrev johnson, President of the United
| States, of high crimes and misdemeanors in
Office, md acquaint the Senate that the House
will, il due time, exhibit the particular arti-
cles of Impeachment against him, and make
| good he same, and that the committee de-
mand hat the Senate take measures for the
appeannce of the said Andrew johnson, to
answer said impeachment. E.
Resolved, That committee of seven be
appointed to prepare and report articles Of
impeachment against Andrew Johnson, Presi-
dent d the United States, with power TO send
for pe'sons and papers and records, and to take
testimony under oath.
TheDemocratic members attempted to re-
sort &C flibustering, but were cut of, after m
inefedual effort. On motion to suspend the
rules % as to bring the house Immediately 60
n voteon the resolutions, the rules were sus-
pendeo and the resolutions adopted. Yeas, l24
nays, 2. The Speaker then announced the
committees as follows:
Committee to announce to the Senate the
actiouof the House, Messrs. Stevens, of Pa.
and Bingham, of Ohio. ..
impeachment, Messrs. Boutwell,, of Mass, Ste
vens, d Pa, Bingham, of Ohio, Wilson oi
Iowa, logan, of Illinois, Julian, of Ind, anC
Ward, Of N. Y. The House then at at p
minute past o'clock, adjourned.
The President sent to the Senate, yesterday
Lengthy message, giving his reasons for tn,
removsl of Stanton, which were read and or
dered Finted. The document is in the Presi
dents bwn hand writing. A large portion o.
the massage is devoted to argument showing
the pofer of the President to remove the Sec
retary Il War. He quotes section from tn
Act of Aug. 9TH, 1889, creating the Depart
ment q War, to show that Congress recog
nized he power of the President to remov
the Secretary without the concurrence o
any branch of the Government lie cites tn
Tenureof Office Act; declaring that stanton
was no appointed by him, and therefore doe
not cone within the scope of its provisions
He says that Stanton only remained In ono
, by Johson's suffrance, and the law is not In
tended o protect such an incumbent, by TAX
ing from the President the power to remov
him. lie says however, tnat ne was aNar
there we're doubts as to the proper construc
ton of the law, and he therefore deemed
feasible that those doubts should be settled a
the earliest possible moment, and the construC
ton ofthe Act fixed by the Supreme Court
His oruhr suspending Stanton in August, las
was intended to place the case In such pos
ton, 81 would make the resort to judicia
decision both necessary and proper. His ur
derstanling and wishes, however, under tina
order were frustrated, and the late order fc
J Stanton's removal was further step towarC
! the accomplishment of that purpose. he II
, peats TINT his own conviction as to the tru
: construction Of the law and its uncohstitI
tionaliy, were we'll settled and sustained b
every member of the Cabinet, including Star
ton himself. In respect to the designation {
: an officer to act as Secretary of War, ad inte
: i'm, he nys he exercised that power accordin
to the PROVISIONS of the first section of tt
act of February 18th, 1795. He argues Il
|, case at great length. The message conclud
, as follows:
cit nay be, however, that in this, as in otl
D er cases of implied repeal, doubts may aris
: 1t is co1fessedly one Of the subtle and debati
Y BILE questions which arise in the constructio
of Statutes. If, upon such question, ha'
fallen iato an erroneous construction, su
q NIT whether il should be characterized as
9 violation of official duty and Of law. ha'
o deemed it proper, In yindication OF the cour
;. which have considered it my duty to tax
i TO place Detofe tne SenASe ene AeAsons up
= which have based my action. Although
have been advised by every member of n
. Cabinet that the entire Tenure of Office Act
. unconstitutional, and therefore void; o
= though have expressly concurred In tn
opinion in the veto message which I submit
: ted to Congress wheA returned the bill (
= consideration, have refrained from makil
the removal of any Officer contrary to &
10 provisions of the law, and hsve only exercis
{. that power in the case of Mr.. Stanton, whlc
:, in my Judgment, did not come within its pr
+ visions. have endeavored to proceed with {
l. greatest circumspection, and have acted on
ID in an extreme and exceptional case, careful
l. following the course which 1 have mark
ct out for myself a general rule, faithfully
1t execute the laws, though passed over my Q
{. jections on the ground of Unconstitutional
j. In the present instance, have appealed,
le sought 10 appeal, to that final arbiter fixed
D. the Constitution for the demonstration of