rtr.
7SA*H BUYEiis/rAK^T) ; nCE7
SAVE YOUR GREENBACKS!
NEW
FALL AND WINTER GOODS,
just received,
At J. M. SHOEMAKER'S Store,
AT GREATLY REDUCED PRICES'
Hiving just returned from the East, vre are now
opening h large sto>'k of Fill and Winter Goods,
which have been BOUGHT FOR CASH, at nett
cash prices, and will be SOLD CHEAP. This be
ing the only full stock of goods brought to Bedford
this season, persons will be able to suit themselves
better, in style, quality and price, than at any
other store in Bedford The following comprise a
few of our prices, viz :
Calicoes, at 10,12, 14, 15, 16 and the
best at 1$ cents.
Muslins at 10, 12, 14, 15, 16, 18, and
and the best at 22 cents.
All Wool Flannels from 40cts. up.
French Morinoes, all wool Delaines, Coburgs, Ac.
SHAWLS—Ladies', children's and misses'
shawls, latest styles; ladies'cloaking cloth.
MEN'S WEAR—Cloths, cassimeres, satinctts.
jeans. Ae.
BX)TS AND SHOES--In this line we have r
very extensive as-ortment for ladies, misses, chil
dren. and men's and boys' boots and shoes, all sizes
and prices, to suit all.
HATS—A large assortment of men's and boys'
hats.
CLOTHING—Men's and boys' coats, pants and
vests, all sizes and prices
SHIRTS, Ac.—Meu's woolen and muslin shirts;
Shakspeare, Lock wood and uiusltu-luied paper
collars; cotton chain (single and double, white
and colored).
GROCERIES—Coffee, sugar, syrups, green and
black teas, spices of all kinds, dye-stuffs, Ac.
LEATiIEK —Sole leather, French and city calf
skius, upper leather, linings, Ae.
We will sell goods on the same terms that
we nave beeu for ttio 1 ist three mouths—cash, or
note with interest from date. No bid debts con
tracted and no extra charges to good paying cus
turners "o make up losses of slow and never paying
customers. Cash buyers always get the best bar
gains, and their accounts are always settled up.
J. M. SHOEMAKER,
Bedford, 5ep.27,'67. No. 1 Andeisou's Row.
10 per cent, saved in buying your
goods for cash, at J. M. SHOEMAKER'S cash and
produce store, No. I Anderson's Row.
aep27
/ IREAT BARGAINS!
VX
The undersigned have opened a very full supply ,
of
FALL AND WINTER GOODS.
Our stock is complete and is not surpassed in
EXTENT.
QUALITY AND CHEAPNESS, j
The old system of
• TR US TING FOR EI E R''
having exploded, we are determined to
SELL GOODS UPON THE SHORTEST PROFIT '
VOR
CASH OR PRODUCE.
To prompt paying customers we will extend
a credit of four mouth.t, but we wish it expressly j
understood, after the period named, account will be
due and interest will accrue thereon.
BUYERS FOR CASH
may depend upon
GETTING BARGAINS.
n0v1,'67 . A. B. CRAMER A CO.
GOODS!! NEW GOODS!!
The undersigned has just received from the East a
large and varied stock of New Goods,
which are now open for
examination, at
MILL-TOWN,
two miles West of Bedford, comprising everything
usually found in a first-class country store, j
consisting, in part, of
Dry-Goods,
* Delaines,
Calicoes,
Muslins,
Cassi mere,
Boots and Shoes,
Groceries,
Notions,
Ac., Ac.
All of which will be sold at the most reasonable
prices.
Lip Thankful for past favors, we solicit a con
tinuance ol the public patronage.
Call and examine our goods.
may24,'67. G. YEAGER
FIRM! NEW FIRM!
GOOD GOODS ARE DOWN!
SCHELLSBURG AH EAD!
NEW GOODS! NEW GOODS!
just received and will be sold
AT GREATLY REDUCED PRICES.
Call at BLACK A MARBOURG'S,
in Schellsburg,
IF YOU WANT CHEAP GOODS of any kind!
We have no big stock of old goods at big prices.
Our stock is nearly all fresh and new. Look at
some of our prices :
MUSLINS, from 10 to 17 cents.
CALICOS, from 8 to 15 cents.
CLOTHS and CASSIMERES at reduced prices.
DRESS GOODS, all kinds, cheaper than before
the war.
ALL WOOLEN GOODS 25 per cent, cheaper
than any that have been sold this season.
Gloves,
Hosiery,
etc., etc., etc.,
very low.
Groceries,
Queensware,
Wooden Ware
Ac., Ac.,
at the lowest market prices.
If you want Good Bargains and Good Goods,
call at .BLACK A MARBOCRG'a.
Schellsburg, Dec. 6m3
NEW ARRIVAL.—Just received
at M C. FETTERLY'S FANCY STORE.
Straw Hats and Bonnets, Straw Ornaments, Rib
bons Flowers. Millinery Goods. Embroideries,
Handkerchiefs. BeMd-trnuraiDgs. Buttons. Hosiery
and Gloves, VVhite Goods, Parasols and Sun-Um
brellas, Balmorals anil Hoop Skirts, Fancy Goods
and Notions, Ladies' and Children's Shoes. Our
assortment eon.an.g all that is sew and desirable.
Thankful tor former liberal patronage we hope
to be able to merit a ooutinuanee from all our cus
tomers. Please call aud see our new stock.
nay3l
®!jc Bcitforit
BY MEYERS & MENGEL
prti-<T>oods, &t.
/GLORIOUS N E W S!
FOR
THE PEOPLE!
TELL IT! EVERYBODY TELL IT!
COTTON NO LONGER KINO!
G. R. O.ST ELI A U<.
Are now receiving at their NEW STORE a
large and carefully selected stock ot new and
CHEAP Dry Goods, Furs. Clothing, Carpeting*,
Oil cloths, Hats, Caps, Boots, Shoes, Wall papers.
Willow-ware, Queens-ware, Oils, Tobaccos, Segars,
%
Ac., together with an extensive assortment of Fresh
Groceries, which for extent and CHEAPNESS is
unrivaled in Central Pennsylvania, all of which
they offer wholesale or retail at prices that defy
competition. Piles of calico prints and muslin
from 61 cents up to sublime quality.
They invite all to call, see for themselves and
be convinced.
TERMS —POSITIVELY CASH AN DELIVERY, un
loss otherwise specified.
Beoford, Pa.. Dec.13,'67m3.
QHHK) DOLLARS REWARD! !
: Just received at the New Imperial
BARGAIN STOKE,
A handsome assortment of
NEW SPRING GOODS.
As goods are now advancing daily, and no doubt
will be much higher, we think families cannot buy
too soon G. R. OSTER A CO.
fb2Bui2 I
DBAOOO DOLLARS WORTH!!
nb
of Boots and Shoes of every description and best '
Manufacture, just received and For Sale 25 per
cent Cheaper than heretofore.
The Boot and Shoe Department of
G. R OSTER iV CO
has become a leading feature in their business. |
and is now the place to get Good as well as Cheap
Boots ar.d shoes, as they have the largest and best
assortment in town. teb2Sm2
J|ATS! HATS!!
dust received the leading N w Spring Styles of
o**tits, Bys and Children's Hats, much cheaper
than heretofore. We woul i call special attention
to the Gents Self-conforming Casstmere dress Hat,
also the Velvet finish Seif- conforming Flexible
Band Hat. These Hats will be found to be very
desirable, being very soft in band and conforming
immediately to the shape of the head.
tcbjßm2 G- R. OSTER A CO.
A NOTHER VETO ON HIGH
PRICES!
I
you CAN SAVE MONEY
by buying your GOODS of
MILLER & BOWSER,
Mann's Corner, ... BLDIORD, Pa.
They are now opening a choice variety of
NEW AND DESIRABLE
FALL AND WINTER GOODS.
Dry-Goods,
Ready-Made Clothing,
Fancy G .odd,
Notions,
Cotton Yarn,
Hats and Caps,
, Boots and Shoes,
Groceries,
Queensware,
Wooden ware,
Tobacco and Cigars,
Brooms, I
Baskets,
Ac., Ac., Ac.
LOOK AT SOME OF THEIR PRICES:
CALICO, at 8, 10, 12, 15, 10.
GINGHAM, at 12}, 15, 18, 20.
MUSLIN, at 10,12, 14, 15,18, 20.
©af Cassimeres,Cloths, Satinetts and
i
| Lat lies' Sacking, at very low prices.
| Ladies', Gents' and Misses'
She.es. Sandals and Over-Shoes, in great variety.
| Men's, Boys' and Youths' Boots.
Best Coffee, Tea, Sugar and Syr
-1 up in the market. Prices low
Feed, Flour, Ac., for sale at all
| tiroes.
Heir We invite all to call and see our
■
' goods and compare prices before buying elsewhere.
| fge&' Our motto is, Short Proffits.
&AR TERMS— Cash, Note or Produce.
oct2s,'S7
CTELLERS A EOLWELL,
WHOLESALE
C< >NFECTION E RS and FRUITERERS,
No. 161 North Third Street,
i PHILADELPHIA
feb2lmS f Orders promptly attended to.
TERMS OF PUBLICATION.
THE BEDFORD GAZETTE is published every Fri
day morning by MEYERS A MEWOEI., at $2 00 per
annum, if paid strictly in advance ; £2.50 if paid
within six months; $.3.00 if not pai<t within six
months. All subscription accounts MUST be
settled annually. No paper will be sent out of
the State unless paid for IN ADVANCE, and all such
subscriptions will invariably be discontinued at
the expiration of the time for which they are
paid.
All ADVERTISEMENTS for ales 3 term than
three months TEN CENTS per line for each In
sertion. Special notices one-half additional Ad
resoluti' ns of Associations; communications of
limited or individual interest, and notices of mar
riages r.nd deaths exceeding five line-, ten cents
per line. Editorial notices fifteen cents per line.
All legal Notice#of every kind, and Orphans''
Court and Judici-l Sales, are. required by law
■o be published in oth papers published in this
place.
All advertising due after first insertion.
A liberal discount is made to persons advertising
by the quarter, half jear, or yeir, as follows :
3 months. (5 months. 1 vcar.
•One square - - - $4 50 $6 00 $lO 00
Two squares 6 00 9 00 lb 00
Three squares - - - 800 12 00 20 00
Quarter column - - 14 00 20 00 35 00
Half column - - - 18 00 25 00 45 00
One column - - - - 30 00 45 00 80 00
•One square to occupy one inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. THE GAZETTE OFFICE has
just been refitted with a Power Press and new type,
and everything in the Printing line can be execu
ted in the most artistic manner and at the lowest
rates —TERMS CASH.
tjSp All letters should be addrcssd to
MEYERS A MENGEL.
Publishers.
AHC
(OR It I'.XI'O XII EXE.
A DDI-ON, Pa., Feb. 24, 1868.
DEAR MEYERS:—I was standing at
my desk, a day or two since, writing
an article of some importance, (at least
to me.) when Squire William entered
and told me he had seen and conversed
with my friend Meyers, of the BED
FORD GAZETTE.
The train of thought was broken.
The thick-coming fancies were all dis
pelled, and memory immediately was
busied with the buried past, buried
more effectually to me than others, as
there is now scarcely an interest, or a
link, to connect me with it. But "let
the dead past bury its dead your
place is emphatically with the living
present. You have a post in the Grand
Army of Regeneration, and this is no
time for "gentledalliance in a lady's
chamber," or for the lascivious plea
sings of the lute. The hour demands
vigorous workers as well as thinkers,
when power is in the hands of men,
without moral or legal restraint, bit
terly hostile to everything that our
fathers loved7 who are breaking down
every social harrier between the proud
race to whom this country belongs,
whose sacred birth-right it is, and who
cannot sell it for a price without incur
ring an eternity of infamy, and thede
graded race who have borne and will
bear, • lie badge of inferiority and ser
vitude, despite the mad efforts of the
misguided men, who now control the
Nation's destinies, and who will live
in History as men recreant to God, to
Country and Humanity.
Then the people are at length awaken
ed, thecryof "Rightsor Revolution,"is
swelling on the prairies of the West,
and from then *e, for some time to
come, will the nen be taken, who as
the representat ves of ideas originating
and sustained there, will sway tnis
Nation for good or evil. Let us pray
the former.
That cry is a deeply significant and
suggestive one, and woe to him who
heeds it not. Temporary political
damnation, which politicians appear
to dread more than any, or all the de
nunciations in Holy Writ, is the least
of the evils that will alilict them.
There is truth in the old adage, that i
the gods make mad, whom they intend j
to destroy, as is abundantly proved by j
the declaration of a Radical Senator i
that Congress would soon control the
Ballot Box in all the States. Control
the States, indeed! Why, you can hear
the slogan sounding now, that shall be
the coronach of the "God and morali
ty," "loil," nigger-loving crew who
strut and swelter in thecapitol, clothed
in corruption, reeking with innocent
blood, and drunken with the wine of
abomination. Before the specified
five years of the "loil" Senator, the
whole crew will have been scourged
from the Capitol and will have called
upon rocks and mountains to hide them
from the scorn and indignation of an
outraged people. May God in his
goodness avert the storm of bloodshed
and ruin, the fearful retribution, into
which these men are so madly goading
a long suffering people.
The old Know-Nothing leaders, in
disguise, fresli from persecuting and
murdering one class of our citizens,
have abandoned their old incendiary
cry, the gathering cry of the Church
burners, "America for Americans,"
and are now shouting another, eqaully
as specious, as damnable—"America
for the Africans." Oh, worse than fool
ish ! The specious cries, "Rebellion,"
| "Treason," "Loilty," will no longer
: avail you. The brass on Grant's coat,
in Stanton's cheek, cannot save you.—
The worn out twaddle of the last seven
years, is impotent for political effect
and stripped of your false colors of
- patriotism and humanity, you will be
I turned out to meet the scorn of all
good men, andt he revi lings, mayhap the
torturing, of the bad. For yourservile
tools who have hunted to the death so
many true men, who burned and uiob
, bed, and exulted in the devil's work
you set for them, will burn and rend
you, as the dogs did Jezeliel und will
employ the temuim you tought thcm f for
BEDFORD, PA., FRIDAY MORNING, MARCH 6. 1868.
your oten de .frvrtion, notwithstanding,
"that the col tied troops fought nobly."
If the foregoing, suits you, Messrs.
Editors, it i- entirely at your service,
ami you will again hear from me, if
you see fit to fprent" it.
Very trfily. # ZINGARO.
MEX SAG It I IIIK PR ESI BENT.
IS i* Reason* ft*'.' Removal or Mr.
Stanton—l nh- 4runmeiit and DefeiiHO.
WASHINGTON, Feb. 24.—The Presi
dent to-day -In' to the Senate the fol
lowing message It was read in secret
session, laid f the table and ordered
to be printed. The Senate removed
the injunction of secrecy :
To the Senate of the United States:—l
have receivedia copy of the resolution
adopted by ' lie Senate on the 21st in
stant, as follows:
"Whereas tie Senate have received
and consider" : the communication of
the President stating that he had re
moved Edwin M. Stanton, Secretary
of War, and had designated the Adju
tant General of the Army to act as
Secretary of War ad interim : there
fore
4 ' Resolved by (he Senate of the Un ited
States, That under the constitution and
laws of the United States the Presi
dent has no power to remove the
Secretary of . War and designate any
other officer to perform the duties of
that office ad interim."
This resolution is confined to the
power of the President to remove the
Secretary of War and to designate an
other officer to perform the duties of
the office ad interim , and by its pream
ble is made expressly applicable to the
removal of Mr. Stanton, and the des
ignation to act ad interim of the Adju
tant General of the army.—Without,
therefore, attempting to discuss the
general power of removal as to all offi
cers, upon which subject no expression
of opinion is contained in the resolu
tion, f shall confine myself to the ques
tion as thus limited—the power to re
move the Secretary of War.
It is declared in the resolution "that
under the constitution and laws of the
United States the President has no
power to remove the Secretary of War
and designate any other officer to per
form the duties of that office ad inter
im." As to the question of power un
der the constitution I do not propose
at present to enter upon its discussion.
The uniform practice from the begin
ning of the government, as established
by every President who has exercised
the office, and the decisions of the Su
preme Court oft he United States, have
settled the question in favor of the
power of the President to remove all
officers excepting a class holding ap
pointments of a judicial character. —
No practice, or any decision, has ex
cepted a Secretary of War from this
general power of the President to make
removals from office. It is only neces
sary, then, that I should refer to the
power of the Executive under the laws
of the United States, to remove from
office a Secretary of War. The resolu
tion denies that under these laws this
power has any existence. In other
words, it affirms that no such authori
ty is recognized or given by the stat
utes of the country.—What, then, are
the laws of the United States which de
ny the President the power to remove
that officer? I know but two laws
which bear upon this question. The
first in order of time is the act of Au
gust 7th, 1789, creating the Depart
ment of War, which, after providing
for a Secretary as its principal officer,
proceeds as follows :
"Sec. 2. And be it further enacted,
That there shall be in the said depart
ment an inferior officer, to be appoint
ed by the said principal officer, to he
employed therein as he shall deem
proper, to be called the chief clerk in
the Department of War, and who,
whenever the said principal officer
shall be removed from office by the
President of the United States, or in
any other case of vacancy, shall, dur
ing such vacancy, have the charge and
custody of all records, books and pa
pers appertaining to the said depart
incut."
.It is clear that this act, passed by a
Congress many of whose members par
ticipated in the formation of the con
stitution, so far from denying the pow
er of the President to remove the Sec
retary of War, recognizes it as exist
ing in the Executive alone, without
the concurrence A' the Senate or of any
other department of the government.
Furthermore, tliis act does not purport
to confer the pover by legislative au
thority, nor in fret was there any oth
er existing legislation through which
it was brought ipon the Executive.
The reeognititn of the power hy this
act is therefore complete as a recogni
tion under the fonstitution itself, for
there was no otter source or authority
from which it euld be derived. The
other act which refers to this question
is that regulathg the tenure of certain
civil officers, passed by Congress on the
second day of Xarch, 18G7. The first
se -tion of that act is in the follow ing
words: "Thatevery person holding
any civil office t> which he has been
appointed by aid with the advice and
consent of the Senate, and every per
son who shall lereafter he appointed
to any such offfio, and shall become
qualified to act herein, is and shall be
entitled to holdsueh office until a suc
cessor shall have been iu like manner
appointed and duly qualified, except
as herein other vise provided.—Provid
ed that the Secretaries of State, of the
Treasury, of War, of the Navy, and of
the Interior, the Postmaster General
and the Attorney General, shall hold
their offices, respectively, for and dur
ing the term of the President by whom
they may have been appointed, and for
one month thereafter, subject to remov
al by and with the advice and consent
of the Senate.
The fourth section of the same act re
stricts the term of offices to the limit
prescribed by the law creating them.
That part of the first section which
precedes the proviso declares that every
person holding a civil office to which
he has been or may he appointed, by
and with the advice and consent of the
Senate, shall hold such office until a
successor shall have been in like man
ner appointed. It purports to take
from the Executive, during the fixed
time established for the tenure of tne
office, the independent power of re
moval, and to require for such removal
the concurrent action of the President
and the Senate.—The proviso that fol
lows proceeds to fix the term of office
of seven heads of departments whose
tenure never had been defined before, by
prescribing that they "shall hold their
offices, respectively, for and during the
term of the President by whom they
may have been appointed, and for one
mouth thereafter, subject to removal
by and with the advice and consent of
the Senate."
Thus, as to these enumerated officers,
the proviso takes from the President
the power of removal except with the
advice and consent of the Senate. By
its terms, before lie can he deprived of
the power to displace them, it must
appear that he himself has appointed
them. It is only in thai case that they
have any tenure of office or any inde
pendent right to hold during the term
of the President, and for one mouth
after the cessation of his official func
tions.
The proviso, therefore, gives no Ten
ure of office, to any one of these officers
who has oeen appointed by a former
President beyond one month after the
accession of his successor.
in the case of Mr. Stanton the only
appointment under which he held the
office of Secretary of War was that
conferred upon him by my immediate
predecessor, with the advice and con
sent of the Senate. He has never held
from me any appointment as the head
of the War Department. Whatever
right he had to hold the office was de
rived from that original appointment
an<l my own sufferance.
The law was not intended to protect
such an incumbent of the War Depart
ment by taking from the President the
power to remove him. This, in my
judgment, is perfectly clear, and the
law itself admits of no other just con
struction. We find in all that portion
of the first section which precedes the
proviso that as to civil officers gener
ally, the president is deprived of the
power of removal; and it is plain that
if there had been no proviso, that pow
er would just as clearly have been tak
en from him, so far as it applies to the
seven heads of the departments, but
for reasons which were no doubt satis
factory to Congress, these principal
officers were specially provided for, and
as to them the express and only re
quirement is that the president who
has appointed them shall not, without
the advice and consent of the Senate,
remove them from office. The con
sequence is that as to my cabinet, em
bracing the seven officers designated in
the first section, the act takes from me
the power, without the concurrence of
the Senate, to remove any one of them
that I have appointed, but does not
protect such of them as I did not ap-
give to them any tenure of
office beyond my pleasure.
An examination of this act' then,
shows that while in one part of the
section provision is made for officers
generally, in another clause there is a
class of officers designated by their
official titles, who are excepted by the
general terms of the law, and in refer
ence to whom a clear distinction is
made as to the general power.of remov
al limited in the first clause of the sec
tion. This distinction is that as to
such of these enumerated officers as
hold under the appointment of the
President, the power of removal can
only be exerc.sed by him with the
consent of the Senate, wlile as to those
who have not been appointed by him
there is no like denial of his power to
displace them. It would be a viola
tion of the plain meaning of this enact
ment to place Mr. Stanton upon the
same footing as those heads of depart
ments who have been appointed by
myself. As to him, this law gives
him no tenure of office.
The members of my cabinet, who
have been appointed by ine, are by
this act entitled to hold for-one month
ufier the term of my office shall cease;
but Mr. Stanton could not, against the
wishes of my successor, hold a moment
thereafter. If lie were permitted by
that successor to hold for the tlrst two
weeks, would that successor have no
power to remove him ? Hut the power
of my successor over him could be no
greater than my own. If my successor
would have the power to remove Mr,
StlJton after permitting him to re
main a period of two weeks, because he
was not appointed by him, but by his
predecessor, I, who have tolerated Mr.
Stanton for more than two years, cer
tainly have the same right to remove
him, and upon the same ground, name
ly, that he was not appointed by me,
but by my predecessor.
Under this construction of thetenure
of-officeact, I have never doubted my
power to remove Mr. Stanton.—
VOL. 62.-WHOLE No. 5,4?3
Whether the act was constitutional or
not, it was always ny opinion that it
did not secure him from removal, i
was, however, aware that there were
doubts as to the construction of the
law, and from the first I deemed it
desirable that at the earliest possible
moment tliosedouhts should bo settled,
and the true construction of the act
fixed by the decision of the Supreme
Court of the United States. My order
of suspension, in August last, was in
tended to plat* the ease in such a po
sition as would make a resort to a ju
dicial decision both necessary and
proper. My understanding and wish
es, however, under that order of sus
pension, were frustrated, and the last
order for Mr. Stanton's removal was a
further tep towards the accomplish
ment of that purpose.
I repeat that my own convictions as
to the true construction of the law,
and as to its constiutionality, were
well settled and were sustained by ev
ery member of my cabinet, including
Mr. Stanton himself. Upon ths ques
tion of constitutionality each one in
turn deliberately advised me that the
tenure-of-oifieeact was unconstitution
al. Upon tiie question whether, as to
those members who were apppointed
by my predecessor, that act took from
me the power to remove them, one of
those members emphatically stated in
the presence of the others sitting in
cabinet, thet they did not come with
in the provisions of the act, and it was
no protection to them ) no one dissented
from this construction, and I un
derstood them all to acquiesce in its
correctness.
In a matter of such grave consequence
I was not disposed to rest upon my
own opinions though fortified by my
constitutional advisers. I have there
fore sought to bring the question at
as early a day as possible before the
Supreme Court of the United States for
final and authoritative decision. In
respect to so much of the resolution as
relates to the designation of an officer
to act as Secretary of War ad interim, 1
have only t say that I have exercised
this power under the provisions of tiie
first section of the act of February 13,
1795, which, so far as they are applica
ble to vacancies caused by removals, I
understand to be still in force. The
legislation upon the subject of ad inter
im appointments in the executive de
partments stands as to the War Office
as follows:
The second section of the act of the
7th of August, 1789, makes provision
for a vacancy in the very case of a re
moval of the head of the War Depart
ment, and upon such a vacancy gives
the charge and custody of the records,
books and papers to the chief clerk.—
Next, by the act of the Bth of May,
1792, section 8, it is provided that in
case of vacancy occasioned by death,
absence from the seat of government,
or sickness of the head of the War De
partment, the President may author
ize a person to perform the duties of
the office until a successor is appointed
or the disability removed.
The act, it will he observed, does not
provide for the case of a vacancy
caused by the removal. Then by the
tirst section of the act of February 13th,
1795, it is provided that in the case of
any vacancy the president may appoint
a person to perform the duties while
the vacancy exists. These acts are
followed by that of the 20th February,
1863, by the first section of which pro
vision is again made for vacancy
caused by death, resignation, absence
from the seat of government, or sickness
of the head of any executive depart
ment of the government; and upon the
occurrence of such a vacancy, power
is given to the President to authorize
the head of any other executive depart
ment, or other officer in either of said
departments whose appointment Ts
vested in the President, at his discre
tion, to perform the duties of the said
respective offices until a successor be
appointed, or until such absence of ina
bility by sickness shall cease ; provided
that no one vacancy shall be supplied
in the manner aforesaid fora longer term
than six months.
This law, with some modifications,
re-enacts the acts ol 1792, and provides
as did that act, for the sort of vacan
cies so to be filled, nut, like the act of
1792, it makes no provision for a vacan
cy occasioned by removal. It has re
ference altogether to vacancies arising
from other causes. According to my
construction of the act of 1863, while it
impliedly repeals the act of 1792, regu
lating the vacancies therein described,
it has no bearing whatever upon so
much of the act of 1795, as applies to a
vacancy caused by the removal. The
act of 1795, therefore, furnishes the rule
for a vacancy occasioned by remo
val—one of tho vacancies express
ly referred to in the act of the 7th of
August, 1789, creating the department
of war.
Certainly there is no express repeal
by the act of 1863 of the act of 1705.
The repeal, If there is any, is by im
plication, and can only be admitted
so far as there is a clear inconsistency
between the acts. The act of 1795 is
inconsistent with that of 1863 as to a
vacancy occasioned hy death, registra
tion, absence or sickness; but not at all
inconsistent as to a vacancy caused by
removal.
It is assuredly proper that the Pres
ident should have the same power to
fill temporarily a vacancy occasioned
by removal as he has to supply a place
made vacant by death or expiration of
term. If, for instance, the incumbent
of an office should be found to be whol-
ly unfit to exerciso its functions, and
the public service should require his
immediate expulsion, a icmedyshouUl
ex st and be at once applied and time
be allowed the President to select and
appoint a successor, as is permitted
him in case ofa vacancy caused bv death
or the termination of an official term.
The necessity, therefore, for an < d
interim appointment is just as great,
and, indeed, may be greater, in case of
removal than in any others. Before it
be held, therefore, that the po\w r
given by the act of 1795 in ca-es of re
moval is abrogated by succeeding
islation, an express repeal ought toap
pear. So wholesome a power should
certainly not be taken away by loose
implication, it may be, however, that
in this, as in other cases of implied re
peal, doubts may rise. It i w confessed
ly one of the most subtle and debut::-
ble questions which ari-e iti the con
struction of statutes.
If upon such a question 1 have fa'i. u
into an erroneous"construction, i -u■ •-
mit whether it should be characterized
as a violation of official duty and of law .
I have deemed it proper, in vindhvi
tion of the course which I have consid
ered it my duty to take, to place bt -
fore the-Senate theiv-t-on-upon which
I have based my action.
Although 1 have been advised by ev
ery member of my cabinet that the en
tire tenure-of-otfiee bill act is unconsti
tutional and therefore void, and al
though I have expressly concurred in
that opinion in the veto message which
I had the honor to submit to Congress
when I relumed the bill for re-consid
eration, I have refrained from making
a removal of any officer contrary to the
provisions of the law, and have only
exercised that power in the ease of Mr.
Stanton, which, in my judgment, did
not come within its provisions. I
have endeavored to proceed with the
greatest circumspection, an i have ac
ted only in an extreme and exception
al case, carefully following the course
which I have marked out for myself,
as a general rule, faithfully to execute
all laws, though passed over my ob
jections, on the score of constitutional
ity. In the present instance I have
appealed, or sought to appeal, to that
final arbiter fixed by the constitution
for the determination of all such ques
tions. To this course I have been im
pelled by the solemn obligations which
rest upon me to sustain inviolate Die
powers of the high office committed to
my hands. Whatever may be the con
sequences, merely persona! to myself,
I could not allow them to prevail a
gainst a public duty so clear to my own
mind and so imperative. If what was
possible had been certain ; if I had been
fully advised when I removed Mr.
Stanton that in thus defending the
trust committed to my hands my own
removal was sure to follow, I could not
have hesitated, actuated by public con
siderations of the highest character.
I earnestly protest against the resolu
tion of the Senate, which charg&s me
in what I have done with a violation
of the constitution and laws of the U
nited States.
ANDREW JonxaoN.
Washington, D. C., February 22,
1868.
WHAT WE ARE TAXED FOR.—WO
have been taxed half a million of dol
lars, says the Detroit Free Pre**, with
in the last year, to build school houses
for the Negroes in the South.
We have been taxed two millions
one hundred and fifty-seven thousand
dollars to organize the negroes of the
South into loyal leagues and get them
to the polls to vote for revolutionary
conventions in the South.
We have been taxed eight hundred
thousand dollars to pay the expenses of
negroes to ride about the South on the
different railroads.
We have been taxed to pay one mil
lion five hundred thousand dollars for
food for negroes and Bureau agents in
the South.
We have been taxed twenty-five
thousand dollars to pay school teachers
for teaching negro children in the
South.
These are a few among the many
things we have been taxed for, under
ihe Radical reconstruction policy in
the South.
When forty-two millions morearead
ded as the military expenses attendant
upon that policy, the people may begin
to understand why they are crowded
for mouey, and why taxes are oppres
sive.
llow To CONVERSE.— Among all tho
"accomplishments" which our young
ladies are expected to acquire, It is to
be regretted that the art of conversa
tion is not included. No grace of per
son or maners can compensate for a
lack of this. In youth the conversa
tion of women is too apt to be trifling
and insipid, and in middle age it is too
often confined to complaints of health
and the scandal of the day. Lively
conversation upon instructing and ele
vating topics is but little practiced;
but when it is found it gives a charm
to the society of females which nothing
else can. It triumphs over deformity
and old age, and makes ugliness itself
agreeable. Curran, speaking of Mad
ante de Stael, who was by no means
handsome, but a splendid conversa
tionalist, said that she "had the power
of talking herself into a beauty." In
dies should think of this. Tho faculty
of language is one of the most won
derful and potent for good or evil of
the powers with which we are endow
ed— hence the importance of sedulously
cultivating it.
WITHIN the past year no less than
eight thousand seven hundred and
sixteen patents for useful inventions
and designs, were issued from the pat
tent office at Washington. Truly we
are an in ventive people.
WHEN Haddock's wife kicked him
out of bed, said lie, "Look here, now!
you had better not do that again ; if
you do it will cause a coldness in this
family,"