The daily phoenix. (Columbia, S.C.) 1865-1878, February 27, 1868, Image 2
COLUMBIA.
Thursday Jot?iii*, Feb. 27,1868.
Tit? Troubles Im Washington.
Naturally, much interest has been
excited in the publie mind by the
events transpiring at Washington in
connection with the order of the
President for the removal of Mr.
Stanton from the Department of War
and the appointment of Gen. Thomas
as Secretary of War ad interim. A
good deal of excitement has ensued
on the subjeot-more, perhaps, than
is justified by. the step taken-and
the action of the President has been
seized upon with avidity by the
dominant party in Congress to revive
the heretofore twioe buried impeach?
ment measure, with a view to rush?
ing it through in the most summary
manner possible. The Baltimore
Sun suggests that the steps taken by
the President might have been with
. view of bringing to the test the
constitutionality of the tenure of
office Jaw, which he hos always held
to conflict with the Constitution of
the United States, and which he, as
it directly applies to the Executive,
seems to have felt it incumbent ou
him to test. As was set forth in the
veto message of the tenure of office
bill, the question of the power of the
President to remove any of the civil
officers whose terms of service are
not limited by law, without the con?
sent of the Senate, is by no means u
new one, and the principle that ho
may do so, the President holds, has
been distinctly declared by judicial
authority, and uniformly practiced
apon by the legislative and executive
departments of the Government.
The legislative construction of the
Constitution on this subject has been
acquiesced iu and acted upon down
to the time of the passage of the
tenure of office bill, and the Presi?
dent, in the step he has taken, has
executed no coup d'etat and no act of
revolution or violence, but simply
resorted to a mode, out of several
perhaps, of having the constitutional
question legally adjustod by the civil
tribunals-a privilege which every
individual who conceives himself
wronged under a statute may claim
and exorcise in legitimate form, ac?
cording to circumstances. Theuctiou
of tho President has led to the pro?
ceeding which Mr. Stanton has taken
in causing the arrest, on a civil war?
rant, of Gen. Thomas, and his ar?
raignment nt tho bar of tho Supreme
Court of tho District of Columbia,
on tho charge of a high misdemeanor,
in having, as is alleged, "unlawfully
accepted" the office of Secretary of
War, nqd "unlawfully" holding and
exercising tho said office, contrary to
the provisions of the civil ton ure of
office Act. lu the affidavit on which
the warrant of uriest was issued, Mr.
Stanton puts forth the claim that he
"legally holds" the office of Secretary
of War, that the order of his re?
moval from that office is "wholly
illegal and void," and that tho ap?
pointment of Genoral Thomas "is
wholly unauthorized and illogal."
Thus the question is brought in this
form before the Supreme Court
of the District of Columbia.
The 5th section of the civil service
act, under which General Thomas
has been arrested, provides that any
poraon accepting or holding un office
contrary to the provisions of tho Act
shall be declared guilty of a high
misdemeanor, and, upon conviction,
bo punishable by a fine not exceed?
ing $10,000, or by imprisonment not
exceeding fivo years, or by both pun?
ishments, in the discretion of the
court. General Thomas was bailed
to appear yesterday, for a prelim?
inary hearing, before the Supreme
Court of the District of Columbia,
but iu viow of the proceedings to be
instituted by quo warranto to obtain
B> decision in the . Supremo Court of
the jjnited SUtea-of the legal ques?
tions' involved, the status of the case
may bo considered quito different
from what it then -was. Thg> 6th sec?
tion of the civil tenure Act declares
the exercise of the appointing power
in violation of the provisions of the
law a high misdemeanor, punishable
by the same penalties prescribed
above for those accepting each ap?
pointments. While this ia the legal
penalty of this Act, Congress pro?
poses to inflict npon the President a
different penalty nnd in a different
court from that which the Act pre?
scribes, by dragging him before the
Senate for a trial on impeachment, a
proceeding evidently partizan and
high-handed-such as ought to pro?
voke the indignant condemnation of
the whole country, for it is but the
imperiling of the vital interests of all
by political agitation for purely par?
tizan purposes. It is not one section
more than another that is interested
in the suppression of these desperate
resorts of politicians for the perpe?
tuation of their party power, destroy?
ing and unsettling values, disturbing
business and interrupting and de?
pressing all the practical employ?
ments of the people. But the Sun
and other conservative papers at the
North have faith that the good sense
of the people everywhere will vin?
dicate itself on this, as on other occa?
sions, against the machinations of
desperate would-be leaders.
The Houses of Representatives hav?
ing passed a resolution impeaching
the President of the United States of
high crimes and misdemeanors, the
Richmond Dispatch gives the follow?
ing as the probable programme of
tho proceedings :
"The Chief Justice of the United
States will preside upon the trial,
just as in the British House of Lords
the Lord Chancellor of England pre?
sides npon similar occasions. All the
Senators are required to take an
oath (or to affirm) that thoy will 'well
and truly try and true deliverance
make,' &c. The case will be con?
ducted on the part of the prosecu?
tion by managers to be appointed by
the House of Representatives, and
on the part of the President by coun?
sel of his own choosing. Mr. Stan
bery, Mr. O'Conor and Judge Black,
are said to have been engaged by the
President. The House of Repre?
sentatives will select ns many mana?
gers as it jdeases, and will probably,
ns a compliment, select Mr. Stevens
as their chief manager. Tho num?
ber will probably bo less than half a
dozen. Tho Constitution provides
that punishment in eases of impeach?
ment shall not extend further than
removal from oflice, nnd disqualifica?
tion to hold any office under the Go?
vernment. It requires tho concur?
rence of two-thirds of the Senators
present to do even this.
"The Senute sits ns a court, and
may as a court make some order
which will virtually suspend the Pre?
sident during trial. The Scnato do
liberates with closed doors, but the
judgment is given with open doors.
"No President of the United States
has ever before been impeached, and
therefore the Chief Justioo has never
beforo presided over the Senate,
since ho does so only in such case:
"It may require weeks or months
to complete tho trial. All depends
upon the temper of tho Senate."
Th 3 reader will do well to remem?
ber that Gen. Thomas was appointed
Secretary of War ad interim, and
thut Mr. Ewing is nominated for Sec
retary of War. There is no conflict
botwoen the appointments.
Speaking of tho political move?
ments in New York State, the Now
York Herald says: "The town elec?
tions thus for in this State havt
shown Democratic gains ovor tho
50,000 majority in 18G7. Wo Lave
already given tho results in tho Coun?
ties where elootions have thus far
been held this yoar. These Conntief
represent different sections of thc
State, showing that the Democratic
gains cannot be ascribed to local
causes."
A man who always warrants hil
work-the sheriff.
VIEW? OP TH? PRKSB.-Tho New
York Tribune, reft*rtbg to the im?
peachment of President Johnson,
says:
. "There ia no avoiding this conclu?
sion-no explaining it away-no mid?
dle course. Congress raufet asBumo
the responsibility of impeaching
him. Not to do so, in the face of this
flagrant and insolent proceeding, is
to become partner in the crime. It
is no time to consider party influence
of impeachment, or its effect upon
Presidential candidates. We would
rather see the Republican party, can?
didates and all, driven to the deserts
of Arabia, than to have them trem?
ble one mon ent in the presence of
this high duty.
"We believe the impeachment,
conviction and removal of Andrew
Johnson, would work an important
revolution in the future conduct of
Presidents who might, be disposed to
usurp the powers of Congress; to
violate laws; to join hands with trai?
tors in the oppression of the weak;
to sell their appointments and par?
dons to the most worthless and aban?
doned characters; and to seek syste?
matically either to coerce Congress
into doing their will or to defeat thc
execution of the laws when passed,
The impeachment and removal ol
Androw Johnson would not onbj
remove all obstacles to the executior
of the laws, bul. would operate as ar
I example to secure the country to al
future time aguinst Presidential des
potism."
The Herald thinks, notwithstand
ing all the excitement in Washingtoi
and throughout the country, on ac
count of tho events of tho past fev
days, there need be little apprehen
sion that the conflict of authority a
the capital will result in anything bu
a mere legal struggle, and says:
"The conflict between the Exeou
tive and Congress has become ver;
exciting. Under that our republicai
institutions and the Government ar
undergoing a strain snch as they hav
never been subjected to before. . W
are in a condition when a spar'
might create a conflagration through
out the whole country. There is th
most bitter and determined war bc
tween the Executive and Congre?
Where lies the responsibility for thi
deplorable state of things? Ur
donbtedly in our Jacobin radici
Congress. For party purposes alone
and to perpetuate their politic'
power, they are abolishing as fast c
they can the constitutional powei
and rights of the President. If w
had not the examples in history c
the insane violence of extreme polit
cal parties, such a state of thing
would seem incredible in this repul
lie. A party that endeavors to mail
tain its power by destroying tl:
Executive, by violnting tho Constiti
tion, and through the support of tl
barbarous negroes, has reached tl
climax of folly and tyranny, and
bound to destruction."
"Thc conflict of authority sugges
tho question, who is really Comma:
der-in-Chief of the army of tl
United ?States-who has any nutho
ity over tho officers in command
tho different departments? Som
body must issue orders, and the
orders must bo obeyed. Accordii
to tl e Constitution under which A
were supposed to live, tho Preside
of the United States was Commn
der-in-Chief of the army and nav
Tho Executive was always so regard
and always exercised tho privileges
bis office in that respect. Now, ho
over, the President is ruled out ai
pronounced to havono constitutioi
rights whatsoever. Who, then,
Commander-in-Chief? Grant, Sin
man, Lorenzo Thomas, Stanton, Bc
Wade, Schuyler Colfax, Old Thc
Stoveus, Bingham, of Ohio, or wh
It is a matter of some interest to t
country to know in reaiiy
command of the army, and, for 1
matter of that, who is President."
Of course, Forney's papers, i
Press and tho Chronicle, aro wrong
np into the most hideous fret
about affairs at Washington. "I
drew Johnson, by the wrath of G
President," is charged with plotti
wor and conspiring bloody murd
besido being guilty of treason a
every other crime; and theroupon I
threatenings and fury of the t
papers reach a pitch that is alto
ther frightful.
Tho livery stables 619 Sixth avoni
New York, were destroyod by i
yesterday morning, and twenty-th
horses consumod.
THB NATIONAL DEMOCRATIC CON
VENTION.-Tho Notional Democratic
Oommitteo hold n meeting in Wash?
ington, on Saturday, 22cl inst., Hon.
August Belmont, of New York, pre?
siding. No distinction whatever was
made in the committee between
members from loyal and so-called
rebel States, and the representatives ?D
the National Convention aro to consist
of twice the number of Congressional
representatives to which eaoh State
is entitled by the last apportionment.
La this resolution no allusion is made
to excluded States. Eight States were
not represented in the Convention,
viz: California, Georgia, Florida,
North Carolina, Louisiana, Virginia,
Rhode Island and New Jersey. After
considerable debate, the committee
agreed upon the city of New York as
the place for holding the Presidential
Nominating Convention, and the
fourth of July as the time. The
only other action taken was an agree?
ment to give this annonncement, ac?
companied by an earnest invitation
to all tho opponents of radicalism to
unite in this movement to select
anti-radical candidates for the Presi?
dency and Vice-Presidency of the
United States. The proceedings
wore harmonious, and the result, it
is understood, meets the almost una?
nimous approval of the members of
the committee.
The proposition brought forward
by petition in tho Senate, the other
day, by Mr. Sumner, to abolish the
Presidency and commit the Executive
Department of the Government to a
Commission appointed by Congress,
is advocated in some journals in the
West. It is rather a significant
straw, showing the direction of what
claims to be the progressive current
of public sentiment. It proposes
substantially the same kind of De?
mocratic government which was
adopted during the French Revolu?
tion, when the Directory, appointed
by tho Convention, wielded the ex?
ecutive power of the nation. It is
a little curious, though perfectly
natural, the New York Times thinks,
that the ultra radicals of the present
day find all their models for an im?
proved government, in the worst
days of the worst government that
ever existed. No progress, it seem1?,
has been made in the matter of go?
vernment by this country or anj
other si nco t he French Roigu oj
Terror.
-?-??- ?
' ? BANKRUPTCY.-The followiug ia
H ?ist of those who havo filed petitions
for the benefit of tho Bankrupt Act
in Newberry: Thad. S. Duncan
Marshall it Brother, Peter Hair, Jus
Y. McFall, R. V. Gist, L Herbert
John W. Rhodes, Henry Summer
A. M. Wicker, Drayton J. Living
ston, W. H. Jones, Levi Livingston
J. C. S. Brown, Noah E. Rhodes
Henry Stone. _
ALMOST A FATAL ACCIDENT IN TIC
HOUSE OF REPRESENTATIVES.-Mud
excitemeut and alarm wore produced
this afternoon in the House of Rep
resentatives, by the breaking of om
of tho thick heavy plates of glass ii
tho roof, tho gas-lighter having slip
ped and falling upon it while in tin
discharge of his duty. He caugh
himself by the iron frame, thus pre
venting hi? falling to tho floor. J
R. GrTnnell, of Iowa, formerly i
member of the House, was standiu;
under tho glass at the time, receivini
tho wolcome of his friends, and heat
ing tho crash, threw np his hands
which saved his head from in
jury; his right hand was badly cu
by a large fragment of the glass, bu
not dangerously. Mr. Price, o
Iowa, was also struck by a piece c
glass, but he was not injured. Som
time elapsod before thc business c
the House was resumed.
I Wash. Cor. New York Herald, 22d.
England seems to bo thoroughl
frightened by the Feuiaus. Th
English Government has determine
to fortify all its police stations, au
has begun with those of Londoi
which aro uow provided with bullo
proof iron shutters, aud stocked wit
small arms and ammunition.
.f
Iiooal .-.teTna.
UNrvKBsrrr OJ? SOUTH CAROLINA.
In consequence of the un favorable
state of the weather, the next lecture
will be delivered on Thursday next,
the 6th of March, by Prof. Hivers.
Subject: "The connection of Epic
Poems with the history of the times
in which they were produced, illus?
trated from Homer, Yirgil, Tusso aud
Milton.",.,
MAGIC FEED.-A hog was pur?
chased by Mr. Lee, the superinten?
dent of the penitentiary, thirteen
days ago, and in, that time the animal
bas gained twenty-four pounds. If
Mr. Lee's prisoners increase in the
same proportion, he will soon be
compelled to enlarge his cells.
NEEDS RECONSTRUCTION.-The
weather, as well as the State, needs
reconstruction badly. For several
days there has been a surfeit of rain,
cold and slush, which j according to
the prophecy of a learned pundit,
will likely culminate in an earth- fl
quake, or some other equally terrible fl
event to-day-the 27th of February; fl
although another equally learned, fl
puts off the affair until the 27th of I
March.
DEATH OP A FAVORITE ACTRESS.- fl
The New York papers announce tho fl
death on the 22d instant, of a talent-1
ed comic actress, Mary Gannon, fl
Twenty-seven years ago, she was re-fl
garded one of the most fascinating H
danseuses then on the stage. She fl
pirouetted in Columbia for severalfl
seasons, completely turning the headsfl
of the young men. While exhibit-H
ing her skill in horsemanship, in ourfl
streets, she was thrown and veryfl
severely injured, and the'night efl
her re-appearance the old theatre wasfl
jammed, and Mary was repeated lyfl
called before the curtain to receivefl
the hearty congratulations of thosefl
present. Mary abandoned Ter psi-fl
chore early in life, and applied her-H
self studiously to the higher branchesfl
of the histrionic profession. Thatfl
she achieved the utmost success isfl
proven by the very complimentary H
manner in which the papers speak of fl
her-the theatrical critic of the TW-fl
bune asserting that "in losing her, I
the American stage loses the best fl
comic actress of this generation." fl
Her last appearance on the stage was I
at "Wallack's, on tho 27th of Jami- I
ary, aud when she laid aside her fl
stage dresses, that night, sho said fl
that sho should never use them again, fl
She had long kuowu that the end was fl
approaching-that the black curtain I
was about to fall. She has passed fl
away in the prime of her years and fl
in the fullness of her fame; aud shel
is happy iu leaviug a name that will fl
often bo thought of with a sigh, and fl
that will never be mentioned without fl
a smile.
Sorao surprise has been manifested j
by philologists at tho fact that the fl
word "sack," variously spelled, is fl
found in many languages. Ono of I
tho most ingenious explanations is fl
that of Becunas, who said that at the I
dispersion of mankind at tho foot of Kg
tho tower of Babel, every one ?uok S
away his valuables in a sack, the fl
most indispensable article for a long M
journey, aud that no one forgot the fl
name of the thing which was all in all I
to him.
MAIL ARRANGEMENTS.-Tho post!
office open during tho weok from S.'.j fl
a. m. to 6 p. m. On Sundays, from fl
lJ?to2??p. m. I
The Ci.arleston nud Western mails fl
are open for delivery at 2 p. m., and fl
close at 9 a. m.
Northern-Open for doli very ut I
101 j II. m. closes at 1 p. m.
Greenville-Open for delivery at 3 fl
p. m., closes at 8 p. m.
NEW AnvKKTi.HKMENTS-Attention in call - fl
cd to tho following advortieemonts, pub- I
lifdiod this morning for the first time:
Regular Meeting Acacia Lodge.
Fisher A- Ileinitsh- -A Real Paiu, kc.
A. Y. Leo-Calisthenic flail.