The New York herald., 1868-02-23

was ius. therefore, that without undue delay, Andrew
eracsd II the arguments OF the gentleman from Marv
land r Phelp were correct that the President should
have at the head OF the various departments men in
wnom he could rely he would then besides Deihg .
bloody usurper become powerful DICTATOR II thele
poverty among the iaoorers Of the country, ana
troubles in the centres OF trade and finance those VINO
suffered knew TO whom 10 ascrbo their sunerngs' u
was TO Andrew johnson.
Mr. BECK tdeml OF Ky addressed the House seAnss ma
prepared 10 take the last fatal leap although tho only
ground assigned or impeachment was that the PRESIDENT
tutonalty Of the Tenure Of Once act Was that sum.
cent ground for impeachment He commended that u
the bounden duty Of the President take steps to
test tho question and that the President would be fase
70 his trust as hef Executive Of the nation II ne dd nos
do SO II the Congress passed law deprving the Pres-
dent of his powers COmman der in Chief Of the Army
striking down the right OF trial by jury suspendng tue
writ OF habeas corpus In time Of peace ana witnoa.
just cause, would 1t not be the duty OF the President 70
take TO test the consuonality OF such acts
No man out OF insane asylum would claim that ~
not and yet that was the only ground Claimed ior
the resolution OF impeachment The President had the
undoubted right to do he had donerenove the sec
reary OF War and communicate the iaot 10 .nS
al iaerim. That right was clear, according 10
to the writings Of Madison Chancellor Kent and Chiel
Justice Story and any attempt to set that right aside
was unconstitutional, null and void and II was Ipe
Presidents duty to have the quest tested iudclaiiy
He claimed tnat even the Tenure Of ONCE bill iise dd
OF Secretary stanton, for only ap'
piled to the Cabinet officers appo nted by Mr. Johnson
and Mr. stanton was not OF them. Senator Sher-
man. Of the Committee Of Conference that bill had
taken that ground and had argued that ihe law
would not apply either to the sec.say OF war 'aS
State. Surely, therefore, under these circumstances,
the President was justified in believing that ne nad
right remove either OF those officers The President
was guilty of no illegal act The right Of removal was
loyal right and Of the tenure of office applied TO
Mr. the President had complied With the law py
communicating TO the of the removal of
secretary stanton. For this assertion OF constitutional
legal gn ne & was 70 os sc
of sanding by the constitution in this attempt 10 re-
move the President.
Mr.. LOGAN, (rep.) Of H., spoke in support OF the
resolution He did not understand the question as II
understood by some who had discussed il. 1t was
not material whether the President democrat or
republican, whether it the third time or the hrs
time that he had been presented Tor impeachment
whether he had commit cd other crimes not; but
the question was whether he had violated penal
statue of the United States, and whether, IN tina.
case, he was amenable to impeachment he qn0ted
the language of the Tenure OF Oce act to SHOW tha
without the consent OF the Senate the President coud
not appoint to Office or remove from office the case
II The President gave a Commission, to such
an Office, without tho consent OF the Senate
msdemeanor and therefore liable to impeachment
II could not bo claimed tnat the President was gnoran
OF the law for it presumed. no matter how violent
the presumption was on the part Of the resident sna'
jcted himself TO shp penalties provided it. Mr. John.
son was quite guilty OF something. or whatf OF In.
descretonf No. but Of plain, palpabe, intentional
violation Of the law. The President stood before the
country to-day the vioator OF pubic law, and it was
and II so what course should be taken to punish him.
There had not been reconstruction law passed by Con-
hand upon and obstruc.ed Ever since the aposacy OF
thas man. two years ago he hsd in every possible way
insulted the nation by his conduc, and dsgraced his
high Office. but he had dragged In tho slime and llth OF
demagogism the Presidential robes Of oifce
Mr. PHELPs inquired whether the impeachment Of the
President would not cnch the doctrine Of negro suffrage
on the country in spite of the will Of The peopley
Mr. LOGAN did NOT know that negro suffrage mad any
| thing 10 do with the question.
M PHELPS thought 1t had as much to do with 1t as
tho points that tho gentleman was talking of:
Mr. LOGAN resuning, declared his belief that the in
tent.on Of Andrew johnson was TO naugurae another
rebe,on and revolution In the country. Referring to
the remarks Of Mr. Brooks warning the majority Of the
coming revolution he said thero was danger OF blood
| beng shed for that gentleman while that gentleman
him (Mr Brooks) warning that the peol 70 would not
sustain Andrew johnson, Il he had nooody but demo.
any moro fighting. paushter) How many. men
could he get TO stand by ,he slde OF An
by them for a week he believed that within one
week after Andrew johnson was hurled from power
a man would then take the Presidential chair VIII,
would sec that the laws are executed. Through IN,
management OF the Secretary on tho Trensury and hi
street; but soon as andrew johnson impeachcd
gold would so down twice as fast.
side OF the question. He thought IL too manifest that
Congress sought 10 usurp tho powcrG vested by the
| stitulien In other departments of the government He
| did not propose to make speech now, but no had
speech before him-a speech coming from the pass
speech that needed no revision ana could not be inter
| ruptsd-and be would ask TO have II read on this
occaion. He then sent 10 the Clerks desk and hat
read by the Clerk washingtons Farewell Address
MIR. PErRRs made the point OF order THAI the reading
OF the Address not pertinent to the question
tho House IL was interesting, As chapter Of the Bib
would be- bat vas not germane to the question.
The Speak r pro TEN. Mr Blane) sustained the point
OF ORDER and the rcadngcf the Address suspended
| Farewell Address tna, were exceedingly pertinent
to the discussion and he proceeded to refer TO an
| comment on them. Tho proposed impeachment va
the result Of that vile party spirit which permea,e
the land, and therefore in order for him to
washingons warning against the baetul effect OF part,
| spirit He read the extract referred TO- He arguet
that the whole question involved question of tn
construction OF law, and he believed the President
right IN hi. construction of IT. Nothing bu: the blind
Of party spirit would attempt 10 mako he Presl
dent responsible TO the penalties Of the Tenure Of on c
ACT for by the very terms OF that act the offices OF al
| the secretaries appointed Dy President Lncoi
| we're vacant IN Que month after Mr. Liccoin'
| death. This precedent once established that tns
dominant party could deihrops the executive power
The nation, how much more sable would bo the Amer'
| oan republic than was tho republic OF MexicoS Thh
TO free government. He argued from Kent, sior,
and other authorities that il absolutely necesaI,
lot the president 70 have control or the WHOM
the laws were to be executed. He drew distinction
botNoen the appointment, OF oiice under u,
| Tenure Of Office sct and tho assignment OF a mil
| tary officer TO perform tho duties Of the Office az
tnterim, and argued that the latter did net brin.
the President within ne provisions of The Law.
Mr. scnEscS tcp.) ~ oh o, inerruptng nofiled "r
| Holman that he had prevailed Mr.. Peters with
draw his objection the reading washn.on's Fare
| vel Address (laughter.l
Mr.. HOLMAN vas pleased at thai, for he considered
Wash ng ons Address much oetter speech than ne
| could make
The half hour allotted eacn speaker having yusi
expired the Address was not read, but Mr. Holman had
permission to have il ned n his speech in the Go
Dr. IsGrRsoLI, rep OF H., spoke favor OF the i'm
peacnmert resolution. Referring to Mr. Brooks re-
MARKS that the people OF the country against
action Of Congress ho would place against the statement
OF thnt gentleman Testimony, winch he had Just re-
ceivcd from illinois 10 the shape Of teegrapnic de-
spitch from the Governor OF that State Ho would ask
\ II to be read from the Clerks desk
Mr. NBIacK, tdem Of Md, raised The point Of order
that y Vashingon's Farewell Address not order
telegram from the Governor OF lllnols could
order.
The SPrAErr pro tert tMr Bainol said TO would do
eide that question after he had heard despatch
daughter
ihe despatch was thcn read as follows
SPRINGFIELD, Ill. Feb -, 1865
The usurrations Of Andrew johnson have created a
profound sensation In tho Sato HIS laet the
q traitor HIS rcascn must be checked Tho duty Of
Congress seekas pniu The people Of nss attac he'd
the Union, firmly believe will d. rnand his