Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-04-17

to the Supreme court Of the United
States. And then whatH Under the
law a majority of that court constituted
a quorum. Five is majority of eight.
Five G those Supreme court judges,
clothed in their spotless ermine, might
be upon the bench. All five of them
might, by unanimous concurrent nc.
ton, declare that the two lower ludg-
ments we're correct. and yet that law
was to be held, under the bill which
the gentleman supported, constitutional
| and valid. Revolution What is there
lbefore | get through ] will ask this
committee TO tell mel that the party
the gentleman SO ably leads has not
done in that direction?
But, sir, this is not all. The gentle.
man from Ohio, in that effective and
able speech TO which he treated this
House few days ago, used the follow
ing language, which | read from the
Record:
In opening this debate, challenge all
comers TO show single instance in our his
tory where this consent has been cocrced.
What consent? The consent of the
| Executive by extraneous matter injected
into appropriation bills.
This is the great, the paramount issue,
which dwaris all others into insigniiicance.
accept the gage Of battle that the
! gentleman throws down. read from
| the records and show him the instance
| he seeks. | find that on the I'd day OF
| March, 1867, thing occurred in this
| House, OF which the gentleman should
| have been cognizant, for he waB then as
now an honored member on this floor.
! | find the following message was sent
/ 10y the then President of the United
States TO the House of Representative :
| 10 the House n ReprosCutanUes
| The act entitled "An net making appro-
priations for the support Of the army
Ab, by singular coincidence that too
was an army bill, just rs this is.
The act entitled "An act making appro-
priations for the support of the army for
the year ending June, 80, 1868, and for
other purposes" contains provisions Ia
which | must call attention. Those pro-
visions are contained In the second section,
which, in certain cases, virtually derrivcs
! the President Of his constitutional functions
ms commAnder-in.c chief Of the army, and In
| the sixth section, which denies 10 ten states
of this Union their constitutional right IL
! protect themselves in any emergency by
means Of their own militia. These pro-
| visions are out of place in nm appropriation
| act.
Did the gentleman from Ohio borrow
| his recently.used protest from this oiii'
cial protest of the Executive OF the
couutryf
Thee provisions are on, Of place In an
appropriation act am compelled Ia de-
! feat these necessary appropriations II !
withhold my signature TO the act. Pressed
| By these considerations--
/ grant you, he does not say "coerc.
ed
Pressed bv these considerations, | fccl
constrained tn return the bill with my sig
nature, but to accompany It with my pro-
test against the sections which | have indi-
Gated. ASDREw JOHNSON.
March 2, 1867.
IL there no coercion therel Why.
sir. the record is full. In an act max
| ing appropriations for the sundry civil
expenses OF this Government for the
| year ending June 30, 1865. IL was pro.
Z Nlhth hEAN III tIf tfuEkA VI Alit = liAFat
| States there should be no exclusion oi
any witness on account OF color, or in
any other civil action because he is a
/ party interested in the issue 10 be tried.
Is not that extraneous matter. Yet
upon this bill the record shows that the
| gentleman from Ohio is found voting in
| the list Of yeas.
! But, sir, worse than all this, | find
| that on a memorable occasion in the
| Thirty. ninth Congress, OF which the
| gen ntlcman from ohio was likewise n
member. that occurred which will never
| fade from the minds Of the American
people. refer to the proceedings look.
| ing 10 the impeachment OF the Chief
Executive Of this Republic. which came
40 nigh resulting in conviction. On
| that occasion ! find that a colleague oi
! the gentleman from Ohio. Mr.. Ashley.
moved TO suspend the rules to allow
him to make report from the commit.
| tee on what7 judiciary No. sir.
From the Committee on Territories, in
the nature of resolution impeaching
| the President Of the American Govern.
ment for high crimes and misiemean-
ors. On the yea.and nay vote ! find
the gentleman from Ohio voted "yea."
And find further, sir, the counts
upon which those Impeachment articles
were predicatcd, hnd beg to call tho
attention of this committee 10 them.
Mr.. Ashley said
do impeach Andrew johnson, Vice
President and acting President Of tho
| United States, of high crimes and misde-
| meanorS.
! charge him with usurpa,ion Of power
and violation of law.
And now come the five counts in the
indictment, aud beg the careful atten.
ton Of this committee. for I will bring
il home to the very issue that the gen.
tleman from Ohio has courted in this
contest:
In that he has corruptly used The ap-
pointidg power.
| put the gentleman on his candor
and submit 10 him 10 say whether he
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