South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1868-03-06

cease provided that no one vacancy shall
be supplied ia manner aforesaid for lon
ger term than six months
This law, with some notifications, re-
enacts the acts of 1872, and provides, as
did that act, for the sort of vacancies so TO
be filed, but, like the act Of 1899, it makes
no provision for vacancy occasioned by re-
moval. Ii has reference altogether to va
cancies arising from other causes Accord
ing TO my construction Of the act of 1868,
while it implicitly repeats the act of 1892,
regulating the vacancies therein described,
1t has no bearing whatever upon so much
of the act of lbs as applies to vacancy
caused by removal. The &C; of l795, there
fore, furnishes the rule for vacancy occa-
stoned by removal--one of the vacancies
expressly referred to in the act of the 9Th
Of-August, l7s9, creating the department. of war
Certainly there is no express repeal by
the act of 1868 of the act of l195 The
repeal, if there is any, is by implication,
and can only be admitted so far as there is
a clear Inconsistency between the acts. The
act of 1895 is inconsistent with that of
1868 as to a vacancy occasioued by death,
resignation, absence or sickness but not
at all in IONS s.ent as u vacancy caus-
ed by removal.
1t is assuredly proper that the President
should have the same power to fill tempo
rarily vacancy occasioned by removal as
he has TO supply place made vacant by
death or expiration of term. IL, for in
stance, the incumbent of an Office should
be found to be wholly unfit to exercise its
functions, and the public service should re-
quire his immediate expulsion, remedy
should exist and he Mt once applied and
time be allowed the President to select and
appoint successor, as is permitted him in
case of vacancy caused by death or tho
termination of an official term.
The necessity, therefore, for an al az
terjm appointment is just as great, and, in
deed, may be greater, in cases of removal
than in any others. Before it be held, there
fore, that the power given by the act OF
1875 in cases Of removal is abrogated BY
succeeding legislation, an express repeal
ought to appear. So wholesome a power
should certainly not be taken away by loose
implication. 1t may be, however, that in
this, as in other cases of implied repeal,
doubts may rise. 1t is confessedly one of
the most subtle and debatable questions
which arise in the construction of statutes
If upon such a question ! have fallen int
an erroneous construction, / submit wheth-
or it should be characterized as a violation
of official duty and of law / have deem
ed it proper, in vindieation of the course
which | have considered it my duty to take,
to place before the Senate the reasons up
on which ! have based my action.
Although have been advised by every mem
Der of my Cabinet that the entire tenureof Office
act is unconstitutional, and therefore void and
although have expressly c0ncurred in that opin.
ion in the veto message which had the honor 10
submit TO Congress when returned the bill for
reconsideration, have refrained from making a
removal of any officer contrary TO the provisions
Of the law. and have only exercised that powerin
the case Of Mr. stanton which in my judgment,
did not come within its provisions. have en-
deavored to proceed with the greatest circumspec-
ton, and have acted only in an extreme and cx-
ccptonal case, carefully following the course
which have marked out for myself. as a general
rule, faithfully TO execute all laws though pass
ell over my objections ON the score of constitu-
tonahts. In the present instance have appeal
cd, or sought TO appeal TO that ralArbiter fixed
by the Constitution for the determination Of ali
such questions To this course have been i'm
PEELED by the solemn obligations which rest upon
me to sustain inviolate the powers Of the high Of
fee committed 20 my hands Whatever may be
the consequences merely personal 20 myself, J
could not allow them 10 prevail against a public
duty so clear 10 my own mind and 80 imperative.
II what was possible bad been certain IL ! had
been fully advised when I removed Mr. stanton
that in thus defending the trust committed TO my
hands my own removal was sure % follow,
could not have hcsiated, aciuated by pnba con-
siicrations Of the highest character. ! earnestly
protest against the resolution Of the Senate which
charges me, in what ! have done, with a viola
ton Of the Constitution and laws Of the United
States ANDREW JOHNSON.
Washington, D. C., FEB. p, 1863.
THREE IMroRTANT THiSGs. Tire,
things to loye-Courago, gentloncss and af
fiction.
Three things to intellectual
power, dignity and graccfulness.
Three things to hate Cruelty, arrogance
and ingratituds.
Three things to delight in-Beauty
frankness and freedom
Three things 90 wish for-IIealth. friend.
and a cheerful spirit
Three things TO pray fgr-Faith, peace
and purity Of heart.
Three shiogs 20 Hke-Cordiality, good
hnmOr aud n,irihfllness.
Three things to avoid-Idlcncss, loqua-
city and aippant jestine.
Three things 20 cultivate--Good books
good friends aud good humor
Three things toeontend for-Ilonor, coun.
Try add friends
Three things 70 govcrn-Tcmper, tongue
and conduct
Three things 10 think about-Life, death
and eternity.
E1- Enjoy the blessings Of this day il
God sends them; aud the evils bear pa.
tiently and sweetly. For this day only j.