The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-03-28

<Ai. Souhifu OucTtt an tuht uits~H
cause for delay be shown, the trial proceed forthwits
after the filing of the replication.
Mr.. Bingham expressed the satisfaction Of the man.
ayers with the amendment, which was adopted, and
the Court adjourned till the 23d of March
Miscellaneous.
WASHINGTON, March 1.-THE Senate has ccnfrm-
ell the nomination of j. Ross Browne as Minister to
China, and c. j. Tuckerman as Minister to Greece.
RICHMOND, March 12.-The trial of JEFF. Davis il
postponed by Judge Underwood to the l4th Of April.
CONCORD, ". H., March I5.-The correct returns
make Harriman's majority $3.50. The House OF
Representatives stands 1872 Republicans snd 1873 De-
mocra:s.
The Henry Chaunesy, with mails and passengers
fer this port. sailed from New York on the Ilth.
Gen. M'Cook, Minister Resident at the Sandwich Is
lands, is among the latter.
CHICAGO, March ia Washington special re-
ports that Hancock has been ordered by the Presi-
dent to return Immediately to Washington, and take
command of the Atlantic Division.
Hundreds of applications are being made for Office
when Wade becomes President.
Mark Twain sailed on the Chauncey for Cali
fornia
NEw York, March I6-The Heraid.s special saws
it Is understood that the expectations of an attack
from the Virginia shore have, within the past few
days, taken a more substantial form than at first an-.
~ticipated. 1t is known that an order has just been
issued from the War Department directing 40 army
wagons, with teams and Transfers. to be kept in
readiness to move at . moments notice, fI the
transportation of supplies. Private orders have also
been issued to the commanders of garrsons about the
city to keep their commands, both officers and men,
in quarters.
Since the excitement of Friday last the health of
Thad. Stevens has assumed more serious symptoms
Of decline than at any other time since his arrival
here. 1t is thought by those intimately acquainted
with every phase of his failing condition that It ia
very doubtful whether he will again be able to leave
his room.
The Predicate Apology.
The document is in the Presidents own hnn5-
writing. A large portion OF the message Is devoted
r.. an arrtr Shn ulnU Ia nnxun N h rnzI}a
to remove the Secretary of War, and quotes section
2 from the Act of August Z, 1888, creating the De-
partment of War, to show that Congress recognized
the power of the President TO remove the Secreta-
ry of War without The concurrence Of any other
branch of the Government. In regard to the Ten
IRE OF Office Act, he declares that Secretary STAN
tan was not appointed by him to fill the Office, and
therefore the case does not come within the scope
of its provisions. He says: Stanton only remain
ed in office by Johnson's sufference, and the law
was not intended to protect such an incumbrance,
by taking from the President the power to remove
him. He says, however, that be was aware there
were doubts as to the proper construction of the
law. and he therefore deemed it feasible that all
doubts should be settled at the earliest possible
moment, and the constitutionality of the Recon-
struction Act settled by the Supreme Court. His
order suspendiDg Stanton, in August last, was i-
tended to place him in such a position as would
make a resort to a judicial dicision both necessary
and proper; his understanding and wishes. how
ever, under that order were frustrated, and the late
order for Stantonis removal was a further step to-
ward the accomplishment of that purpose. He re-
peats that his own conviction as to the true con-
structiOn of law and its unconstitutionality were
well settled and sustained by every member of his
Cabinet, including Stanton himself.
In respect to designation of an ofsceT to.act as
Secretary of War dd interim, he says he exercised
that power by authority of the provisions of the
first section of the Act of February 18th, 1895, aud
argues the case at great length. The message con-
cludes as follows:
1t may be, however, that in this, as in other cases
of implied authority, doubts may arise. 1t is con-
fessedly one of the subtitle and debatable questions
which arise in the construction of the statutes. III
upon such a question 1 have fallen into an erro-
neous construction, / submit whether it should be
characterized as a violation of official duty and of
the law. L have deemed it proper, in vindication
of the course which l have considered il my duty
to take, to place before the Senate the reasons
upon which / have based my action. Although /
net that the entire Tenure of Office Act is unconsti-
tutional, and therefore void. and although it has
expressly concurred in that opinion In the veto
messages which L had submitted to Congress when
i returned the bill for its consideration, 1 have re-
Trained from making the removal of any officer
contrary to the provisions of the law, and have
only exercised that power in the case of Mr.. STAN
ton which, in my Judgment, does not com within
It's provisions. L have endeavored to proceed with
the greatest circumspection. / have acted only in
an extreme and exceptional case, carefully follow
ing the course which have marked out for myself
as a general rule, faithfully to execute the laws,
though passed over my objection on the ground of
consttutionality In the present instance / have.
appealed, or sought to appeal. to that final arbiter
fixed by the Constitution for the determination of
all 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 Oh
fee committed to my hands. Whatever be the con-
sequences merely personal to myself, 1 could not
allow them to prevail against public duty. so clear
to my own mind, and so imperative. If what was
possible had been certain if 1 had been fully adj
vised when Iremoved Mr.. Stanton that in thus de-
tending the great trust to my hands, my own re-
moval was sure to follow, 1 could not have hest
tated. Actuated by public considerations of the
highest character. / earnestly protest against the
resolution of the Senate, which charges me in what
| have done with a violation of the Constitution
and laws of the United States.
[Signed1 = ANDREW JOHNSON.
Washington d. c., February 22d, 1868.
CicAGo, Feb. 24-Republican members of Con-
gress declare their belief that the President can be
impcached. tried. convicted, and removed within
the next one hundred days. They say Republicans
cannot now avoid the issue which the President has
forced upon them. Having taken the FIRST step they
must prosecute the work to its conclusion.
European News.
LONDON, March 9.-The Morning Post SAYS the
following is the plan presented by the Government in
relation to Ireland: LIST, Consideration of the Church
| question shall be postponed until a Commission on
the Irish Church Establishment, already appointed,
shall have made a report. ID, Another Commission
shall he appointed to inquire into the relations be-
tween the landlords and tenants in Ireland. Sd.
The Irish railroads shall be subsidized by the Gov
eminent
LONDON, March 10-The Prince of wales is about
to visit Ireland, and is to be a Knight of the Order
of St. Patrick.
The War Office has received additional dispatches
from Abyssinia. The military situation is unchang-
ed. Rassem, the captive official, says he thinks
King Theodore will release all the captives upon
the arrival of the British army near his headquar-
ters.
CHICAGO. March I2-The text of the treaty with
the North German Confederation is published.
According to article one, the North German Bnnd
covenants to accord to Germans who became natu-
rallied citizens of the United States and reside in
that country Eve years. the same rights and privii-
eyes as those of native born citizens Of the Republic.