Historical Newspapers of South Carolina

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mmmmmm?mmtmmm?mmtm?ammmmmm?mm^mm COLUMBIA. Frilay Moniing, February 20, 1868. The Impeachment Muddle. The impeaohme- f. agitators in Congress are resorting to various subterfuges for the purpose of sus? pending Mr. Johnson from tho per? formance of. his-, official duties. Mr. Kelsey, in the House of Representa? tives, in commenting upon Mr. Brooks' threat against the removal of the President by any means save by regular trial, stated that tho im? peachment, being for an indictable offence, was the same ns a criminal .proceeding; and the court having jurisdiction of the offeuce, must ne? cessarily have the custody of the person of the ncousod and control of his movements. Mr. Kelsey, there? fore, inferred -'that the prisoner had no power to perform his official func? tions." The Richmond Dispatch calis attention to a fact which many per? sons seem to misunderstand-tho dif? ference between "impeachment" and .'conviction." Impeachment is equi? valent to indictment-nothing more, nothing less. Read whnt the Con? stitution of tho United States says: *'ARTICLE I. SECTION 2. The House of Representatives shall choose their speaker and other officers, aud shall have the sole power of impeach? ment" So, then, as the House has com? pleted its action, the impeachment of the President is complete. The next thing will be his trial, and then his acquittal or conviction-which the Senate decides. Wo publish in an? other column an important message from President Johnson, bearing on the subjects whioh gave rise to this third attempt at impeachment. The New York and Washington papers state that despatches by telegram have been pouring into Washington from all posts of the Grand Army of the Republic, in different sections of the country, urging Congress to re? main ii rm in the attitude it hos taken. There is a remarkable unanimity in the advice tbat the course of Congress bo opposed to violence. John A. Logan, ox-General of volunteers, and now member of Congress from Mis? souri, is now in Washington, acting as Commander-in-Chief of tho Grand Army. Per contra. Numerous let? ters aud telegraphic despatches of encouragement, and proffering aid in soldiers, etc., have como to the Presi? dent. We shall await with consider? able interest the grand finale to this revolutionary proceeding. PROPHECY FULFILIIED.-"If the in? fernal fanatics and Abolitionists ever get power in their hands, they will over-ride the Constitution, sot the Supreme Court at defianco, change and mako laws to suit themselves, lay violent hands on thoso who differ with them in their opinions or dare qnestiou their infallibility, aud final? ly bankrupt the country and deluge it with blood." [Daniel Webster, March 7, 1850. (The above appears in tho Phila? delphia Age, of Monday, in perhaps a dozen different places, and each time in capital letters.] ?-???-? DEATH OF AN UNITED STATES OF? FICER.-The flag at tho Citadel was at half mast yesterday, in cons?quence of the sudduu death of Maj. John McCleary, eausod by hemorrhage of tho lungs. Maj. MeClenry was Cap? tain of the Sixth United States In? fantry, and received the brovet rank of Major for gallantry on the field at Gettysburg. Ho bore a high roputu tion as an excellent officer and cour? teous gentleman. 11 Charleston News, 21th. Yazoo City, Miss., has boen visited by a disastrous conflugrntion, destroy? ing most of tho business portion of tho place. The Mayor's office, post office, calaboose and market-houses are some of tue buildings destroyod, the whole number of houses burned hoing sixteen. The fire was con? fined to tho business portion of Main and Jefferson streets. I i The President'* Message?. Th? President on Monday ?Anfc bnok to the Senate, the ra es sagos pre? viously sent on Saturday, but which reached the capitol af ter the adjourn? ment of the Seriate. Ohe of them nominates Hon. Thomas Ewing, sr., of Ohio, to be Secretary of War. The other is P " 3ply to the Senate resolution of "briduy night, relative to the appointment of Gen. Thomas ns Seoretary of War ad interim. The latter is a lengthy document, cover? ing thirty-seven pages of foolscap. We present an abstract of its con? tents: The President briefly refers to the fact that ench of his predecessors had exercised tho prerogative of removal, and that the Supreme Court had de? cided that the authority was lodged in the Executive by the Constitution. Ho then says: It is only necessary, then, that I should refer to the power of the Executive, under tho laws of tho United States, to remove from offico a Secretary of War. The resolution denies that under these laws this power has any existence; in other words, it affirms that no such author? ity is recognized or given by tho statutes of the conutry. What, then, aro tho laws of tho United States which deny tho Presi? dent the power to remove that oflicer? I know but two laws which bear upon this question. The first iu the order of time is the Act of August 7, 178'.), .creating tho Department of War, which, after providing for a Secre? tary as its priucipal oflicer, proceeds as follows: ..SECTION 2. And be it further enact? ed. That them shall bo in the said department au inferior officer, to be appointed by the said principal officer, to be employed therein as ho shall deom proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shnll be removed from office by the President of tho United States, or in any other case of vacancy, shnll, daring such vacancy, have the charge and custody of all reoords, books aud papers appertain? ing to the said department." lt is clear that this Act, passed by a Congress many of whoso members participated in tho formation of the Constitution, so far from denying the power of the President to remove tho Secretary of War, recognizes it as existing ia the Executive alone, without the concurrence of tho Se? nate or of any other department ol the Government. Furthermore, this Act does not purport to confer thc power by legislative authority, noi iu faot was there any other existing legislation through which it was be? stowed upon the Executive. Thc recognition of the power by this Acl is, therefore, complete as a recogni? tion under the Constitution itself; foi there was no other source or authori? ty from which it could bc derived. He then quotes tho first section o! the civil tenure Act of March 2, 1867, and in reference to its conclud? ing proviso, says: Tho proviso that follows proceeds to fix the term of office of the sever heads of departments, whoso te?an no ver had been defined before, bj prescribing that they "shall hob their offices respectively for aud dur lng tho term of the President, h? whom they may have been appoint ed, and for one month thereafter subject to removal by and with tin advice and consent of tho Senate.' Thus, as to these enumerated officers the proviso takes from the Presiden tho power of removal, except witl tho ad vico and consent of tho Senate By its terms, however, before ho cat bo deprived of the power to displac? them, it must appear that he himsel has appointed them. It is only ii that case that they havo any teuur of office, or any independent right ti hold during tho term of tho Presiden and for one month after tho cessa tion of his official fuuetious. Th proviso, therefore, gives no tenur of office to any uuu of these officer who has been appointed by a forme President, beyond ono month afte tho accession of his successor. He further states that the only ap poiutment ever conferred upon Mr Stanton, as Secretary of War, wa that conferred by Mr. Lincoln; ont nftor noting tho distinction betweo members of the Cabinet, and otho civil o (licors established by the pro viso above alluded to, says: "Tho consequence is, that as to m Cabinet, embracing the seven officer designated in the first section, th Act takes from me tho power, with out the coucurrence of the Senate to remove any of them that I hav appoi^Led; but it does not proteo such of them as I did not appoint nor give to them any tenure of office I IwTnn? my p!c".r.V?. ~ " I It would be a violation of the plain I meaning of this enactment to place Mr. Stanton upon tho same footing as those heady of departments who have been appointed by myself. As to him, tbis law gives him no tenure of office. The members of my Cabi? net who have been appointed by me, are by this Act entitled to' hold for. one month after the term of my office shall cease; but Mr. Stanton contd not, against the wishes of my successor, hold a momeut thereafter." He asserts that under this construc? tion of the tenure of office Act, ho has never doubted his power to re? move Mr. Stanton, but says that, owing to doubts which existed as to the construction of the law, he, from the first, "deemed it desirable that at the earliest possible moment those doubts should bo settled, nnd the true construction of tho Act fixed by decision of the Supremo Court of the United States. My order of sus? pension, in August last, was intended to placo tho case in such a position as would make a resort to judicial decision both necessary and proper. My understanding and wishes, how? ever, under the order of suspension, were frustrated, and the hito order for Mr. Stanton's removal was a further step towards tho accomplishment of that purpose." In respect to so much of tho reso? lution as relates to the designation of an officer to act as Secretary of War ad interim, I have onlj* to say that I have exercised this power under the provisions of the first section of tho Act of February 13, 1795, which, so far as they are applicable to vacancies caused by removals, I understand to be still in force. Tho legislation upon the subject of ad interim appointments in the execu? tive departments stands, as to tho war office, as follows: "Tho second section of tho Act of the 7th of August, 1789, makes pro? vision for a vacancy in tho very case of a removal of the head of the war department, and upon such a vacancy gives the charge and custody of the records, books and papers to tho chief clerk." Next, by the Act of the 8th of May, 1792, section 8, it is provided that in case of vacancy occasioned by death, absence from thc seat of Government, or sickness of the head of tho war department, the President may au? thorize a person to perform the duties of the office until a successor is ap? pointed or the disability removed. Tho Act, it will bo observed, does not pr?vido for tho case of a vacancy caused by removal. Then, by tho first section of tho Act of February 13, 1775, it is pro? vided that in case of any vacancy, the President may appoint a person to perform tho duties while tho va? cancy exists. Ho thou quotes the Act of the 20th of February, 1803, which ho says, "with 8omo modifications, re-enacts tho Act of 1792, and provides, ns did that Act, for the sort of vacancies so to bo filled; but, like tho Act of 1792, it makes no provision for a vacancy occasioned by removal. It has refer? ence altogether to vacancies arising from other causes. According to my construction of the Act of 18G3. whilo it impliedly repeals the Act o? 1792, regulating tho vacancies therein described, it has no bearing whatever upon so much of the Act of 1795, as applies to a vacancy caused by re? moval. The Act of 1795, therefore, furnishes the rule for a vacancy occa? sioned by removal-ono of tho vacan? cies expressly referred to in tho Aci of tho 7th of Augnst, 1789, oreating tho Department of War." After dis? cussing the question whether the Act ! of 18G3 repeals that of 1795. be says: It may be, however, that in this, as in other cases of implied repeal, doubts may arise. It is confessedly one of tho most subtle und debatable questions which arise in the construe, tion of statutes. If, upon such n question, I have fallen into an er? roneous construction, I submit whe? ther it should bo characterized as c violation of official duty and of law. Tho message concludes ns follows: I havo deemed it proper, in vindi? cation cf the oourso which I have considered it my duty to take, tc place before tho Senate tho reasons upon whioh I have based my action. Although I have been advised by every member of my Cabinet thal tho entire ienure of offico Act it unconstitutional, and therefore void, and although I have expressly con? curred in that opinion in tho vetc messugo which I had tho honor tc submit to Congress when I returned tho bill for reconsideration, I have refrained from making a removal ol any officer contrary to the provisions of the law, and have only exeroised that power in the coso of Mr. Stan? ton, .which, in ruy judgraeut, did not comb within its provisions. I hnve endeavored to proceed with the great? est circumspection, and have acted only in an extreme and exceptional case, carefully following the oourse which I have marked ont for myself, as a general rule, faithfully to exe? cute all laws, though passed over my objectiou8 on the score of constitu? tionality. lu the present instance, I havo appealed, or sought to appeal, to that final arbiter fixed by the Con? stitution for thc determination of all such questions. To this course I have been impelled by tho solemn obligations which rest upon me to sustain inviolate the powers of the high office committed to my bauds. Whatever may be tho consequences merely personal to myself, I could not allow them to prevail ngiinst a public duty so clear to my own miud and so imperative. If what was pos? sible had beeu 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 pub? lic cousideratious of tho highest cha? racter. I earnestly protest against the resolution of the Senate which charges me, in what I have done, with a violation of tho Constitution aud laws of tho United States. ANDREW JOHNSON. WASHINGTON, D. C., February 22, 18G8. XJIOO?3L1 J.tems. The Phoenix Weekly Jitter Sheet Prices Current and Market Report will bo issued this (Friday) afternoon. Those desiring copies, will hand in their orders as early as practicable. Tho vile disturbers of hen roosts are agaiu at work. Look out for them._ Have any steps beeu taken towards adopting the > suggestions of "Pro Bono Publico," in Tuesday's Phoenix? Prompt action may secure tho desired result. The National Democratic Committee, at their late meeting in Washington, decided that there were such things as "Southern representa? tives;" perhaps the great mass of the Northern peoplo may como to the same conclusion. A daring robbery was perpetrated on Wednesday night, at tho auction room of Mr. M. W. Bythowood, on Washington street. The robbers effected an entranco by getting under tho building, chiselling tho brick hearth and removing some of the planks; after accomplishing which, they proceeded to rifle tho premises of all articles that could be easily re? moved. The articles stolen consisted of dry goods, fine boots and shoes, hats aud fancy articles, guns and pi* tola. The loss is estimated nt fullj $500. _ DEATH OF HON. EDWARD J. ARTHUR, During tho past fow days, tho greai reaper has been busy in onr midst. It is our painful duty to record tin death of another esteemed citizen Hon. Edward J. Arthur-who died on Wednesday night last, aged aboul fifty-four years. For several years, il has been known to his friends thu' Mr. Arthur was tho victim of iusi dious diseuse, which was fast wearing away his strength; and moro recently his attacks of illness have boen fre quent and severe. He had just re covered, and was able to be in hil office for a week, when ho was, 01 Tuesday morning last, taken violent ly ill and hurried to tho grave. Mr Arthur was a native of Lexingtoi District-having been born nm reared almost within sight of tin. city, in.which he spent his useful ant honored life. He carno to tho ba about the year 1838; and by hi energy, industry and strict persona and professional integrity, acquired i lucrative practice, and in a few year accumulated a handsome fortuno He was honored in an eminent do greo by the confidonco of the entir eommunitv. and filled in Hneeeasioi tu? offices o? Alderman and Mayor of the city, and member from this Dis? trict in tho House of Representa? tivos; and during Mio lust term, ho represented Richland in the State Senate. And in nil these positions, it is mere common-place to say that he discharged his duty with singular fidelity. Wo have not the material for a moro extended notice of this distin? guished citizen, and must leave to others tho pleasing duty of doing adequate honor to his memory. Bnt wo can write of him, that he was, iu every sense of tho word, a self-made man, achieving a marked success in life, by a singularly happy combina? tion of those traits of character which over commends success. Ho was scrupulously honest and upright; of great purity of life; of indomitable energy; of constnut zeal for the pub lie welfare. lu public life he held fixed and positive opinions, which he was always ready to express and maintain; yet, he commanded the respect of those to whom ho was op? posed, und has ended his useful ca? reer, wo v?otare to say, without leav? ing the bitterness of enmity in the breast of any one. The loss of a citizen, thus distinguished, is irre? parable; and will be lamented, not only by this community, but through? out tho State. The funeral obsequies will take place this morning, at ll o'clock, at the Washington Street Chapel, and the remains will be interred in Elm? wood Cemetery. Mn. EDITOR: YOU are requested to publish, in the Phoenix, the follow? ing resolutions, unanimously adopted at a meeting of the "Medical Society of Columbia," on the 19th inst.: 1. This Society will countenance no druggist who undertakes to change the pressriptions of physicians. 2. In writing prescriptions, every physician should tippend his initials or signature to the same. 3. In our opinion, nu druggist has the right to renew the prescription of a physician, unless such prescription should have a new date and order for renewal; and should he do so the patronngo of the profession will be withdrawn from him. R. W. GIBBES, M. D., Secretary M. S. C. ParrnoNs IN BANKHOTTCT.-Tho following petitions in bankruptcy have been filed in United States Dis? trict Court, Judge Bryan presiding: J. J. Harvin, J. J. Conyers, H. H. Lesesne, R. S. Bradwell, J. W. Erwin, john A. Burges, Philip Mc Elveen, John H. Gayle, Clarendon. J. E. Reinbert, W. W. B. James, Irby S. Wells, W. H. McLeod, R. L. Christmass, DeLorme & Moses, Wm. E. Hugbson, George W. Brown, W. B. Murray, Sumter. H. R. Easterling, Peter Johnson, A. A. Pollock, Marlborough. Eli Odom, Darlington. F. H. Glover, Colleton. Ed. G. Hume, Stephanus Ford, Georgetown. ' Mackey & Baker, W. J. Trim, Wm. T. White, Samer S. Howell, Jos. J. Groen, Nathaniel Levin, Charleston. John H. Lafitte, Barnwell. James Rois Dye, John Garkin, Kershaw. D. W. Branch. Edgefleld. Edward Argoo, John C. Fanning, Joseph W. Phillips, Orangeburg. NEW AnvEKi IHK_T_NT8.-Attention its call - ed to the following advertisements, pub? lished this morning for Hie firs? time Theo. Stark-Notice, ti it . --0 Mmnuoi-a of Council. E. A G. D. Hopo-Mackerel, etc. 1111 --f?--f ' Funeral Invitation. The friends and acquaintances of Hon. E. J. ARTHUR and family, and tho mem bora of tho Bar, aro invited to attend his funoral scrvicos, at the Washington Street Chapel, THIS MORNING, at ll o'clock. MAYOR'S OFFICE, COLUMBIA, FEHRUAHT 27, 13(?. THE mombors of tho Oity Council aro requested to meot at the Council Chamber, THI8 (Friday) MORNING, at 10 o'clock, precisely, to attend tho funoral of ex-Mavnr tho Hon. EDWARD J. AR? THUR. * THEO. STARK, Mayor. Feb 28_ State BUls at Par, T710R OOODS, at retail. H iu.oi? CIVtV.CiCi A- co.