The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-24
.,II1e Iohn.on UAurpa.lon.

grown more grave. The long threat
eued design of MIR. johnson to usurp
the functions of Congress and to resist
the operation of the laws of the United
States has at length come to head. He
has assumed, in defiance of the tenure
OF office act, TO remove Mr.. Stanton,
Secretary of War, and to appoint his
successor Gd interim, without sending
the nomination to the Senate. The LIST
section of the Tenure of Office Act pro-
Nides that persons holding or appoint
led to any civil Office by and with the
''advice and consent of the Senate,
''shall be entitled to hold such Office
''until a successor shall have been in
like manner appointed and duly quail
flied" It further provides that
"the Secretaries of State, of, the
Treasury, of War, &C., shall hold
''their offices respectively for and
during the term of the Presi-
"dent by whom they may have been
appointed, and for one month there.
''aFtet subject to removal 6y aud ,Cith
''the consent of the Senate" Mr.. john
son has undertaken to remove Mr..
stanton without shat advice and con.
sent.
The 5th section of the same act pro-
vides that persons accepting or exer-
"cising offices contrary to this act ara
''declared to be guilty of high misde-
''rneanor, and upon trial and convic-
"tion thereof, shall be punished by a
"iue not exceeding $4,000 or by i'm.
"or both" 1t was for violation of
this provision that Gen. Thomas was
arrested upon warrant issued bv the
Chief Justice OF the Supreme Court for
the District of Columbia.
The Senate has passed and sent to
the President a resolution declaring
that under the, constitution and laws
of the United States, the President has |
no power TO remove the Secretary orl
War and designate any other officer to
perform the duties of that officer. The
Reconstruction Committee ofthe House |
OF Representatives has with the entire |
unanimity of the Republican members
OF the committee, reported articles OF
impeachment against Mr.. Johnson, and
the hour OF 5 O'Clock this afternoon has
been set for taking the vote.
This is, in brief, the situation at WASH
ingtOn, so far as known at the present
hour of writing Sunday evening.)
There can be little doubt, from the
unanimity of the committee, that
the House will adopt the reso.
luton by the vote, perhaps, of
every Republican member. Then Mr..
Johnson, if he proposes to submit him
self TO the Constitution of which he is
30 yalorous defender, goes before the
Senate for trial: Chief Justice Chase
will preside, and the Senate will sit as
high court on oath or affirmation,
two-thirds being required to convict.
How long the trial will last it is difh-
cult to predict. If Mr. johnson be con-
victed, he will be thereby removed
from office and disqualified to hold and
enjoy any Office of honor, trust or profit
under the United States. He will, in
addition TO that, be subject to indict-
ment, trial, judgment and punishment
according TO the tenure of Office act;
that is, to fine not exceeding $4,000,
or Imprisonment not longer than five
years, or both.
Ii Mr. Johnson proposes to resist
these processes by force, Gas we might
fairly infer he does, Judging from his
declRratiuns,to the correspondent of.a
New York journal, then he is likely 10
be tried in different court and to
suffer a different penalty.
The question thus brought suuarelv
tNnfOFn Tho to
johnson or Congress is the paramount
power in,the Government. Congress
is the body which under the Constftu-
ton Is to exercise all the legislative
powers of the people. The President
is the officer whose duty under the
Constitution it is to carry out the will
Of the people by enforcing that legisla-
ton. Congress has for its constituency
all the people of the nation who de.
Tended the Government when as
sailed by traitors, and who preserved
it in spite of them. Andrew johnson,
as President, had but one constituent,
and he was an assassin.
We believe, and devotedly trust, that
both Congress and the country are
ready to meet the Issue which this
bad man, corrupted by the articles of
traitors. stimulated by strong drink
and maddened by an inordinale
egotIsm and ambition, has insisted on
forcing upon us. Perhaps If Congress
had had the nerve to do It's whole duty
heretofore, the present crisis would
either have been precipitated or avert
ed altogether. But 1t may be the coun-
try has never been quite ready to do
its duty by Congress until now, 1t
took the continued and pig headed per-
versity of this man, and the unmis-
takeable wickedness of his purpose,
becoming as II has more aud more
manifest from day TO day. to con-
vince the country that he is the
real obstacle to the pacification
OF the South and the real enemy of
business interests everywhere, and
further that 1t was unwise to assume
that such man would keep his pur-
poses in allegiance until the expiration
OF his term rendered their execution
impossible. We hope that Congress-
will proceed to execute the law with
Promptitude and rignr, for upon the
nerve OF that body land upon the nerve i
with which It is supported hv The 11ao'
pie of the loyal States) depends the
peace OF the country, II not much more ,
II Mr.: johnson shall be insane
enough to appeal to the ultima ratio. we
snail, tits to be hoped, see the man VINO 1
ZANE into the presidential chat !