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IMPEACHMENT OF PRESIDENT JOHNSON

TRIAL AND ACQUITTAL, In our Almanac for 1868, we gave the initial, of Secretary of War before the next meeting proceedings in the first attempt to impeach of Congress. Very respectfully, yours, the President of the United States. The move.

EDWIN M, STANTON. men was begun by the Hon. James M. Ashley (Rep.) of Ohio, who proposed the following

To the President. resolution on the 7th of January, 1867: "I do impeach Andrew Johnson, Vice-Presi- EXECUTIVE MANSION, WASHINGTON, Aug. 12, 1867.

SECRETARY STANTON'S SUSPENSION. dent and acting President of the United States,

Sir: By virtue of the power and authority of high crimes and misdemeanors. I charge him with a usurpation of power and violation of law, and laws of the United States, you are hereby

vested in me as President by the Constitution in that he has corruptly used the appointing suspended from office as Secretary of War, and power; in that he has corruptly used the par- will cease to exercise any and all functions perdoning power; in that he has corruptly used the taining to the same. You will at once transfer veto power; in that he has corruptly disposed to General Ulysses S. Grant, who has this day of the public property of the United States ; in

been authorized and empowered to act as Secre. that he has corruptly interfered in elections, and committed acts, and conspired with others to

tary of War ad interim, all records, books, commit acts, which, in contemplation of the Con- papers, and other public property now in your stitution, are high crimes and misdemeanors."

custody and charge. Very respectfully, yours, Mr. Ashley appended a resolution directing To Hon. Edwin M. STANTON, Secretary of War.

ANDREW JOHNSON. the Judiciary Committee to make a thorough investigation in the matter, and the House on the

EXECUTIVE MANSION, WASHINGTON, Aug. 12, 1867. same day, adopted the resolution by 107 yeas to

Sir: The Honorable Edwin M, Stanton having 39 nays. The Committee began to take testimony on the 6th of February, and continued at inter been this day suspended as Secretary of War, vals for several months. On the 25th of Novem- you are hereby authorized and empowered to act ber, they sent in an enormous mass of testi

as Secretary of War ad interim, and will at mony (printed in 1163 pages), and submitted

once enter upon the discharge of the duties of therewith their report, or rather three reports. structed to transfer to you all records, books,

that office. The Secretary of War has been inMessrs. Boutwell, Williams, Thomas, Lawrence, and Churchill, agreed in favor of impeachment papers, and other public property now in his and submitted this resolution :

custody and charge. Very respectfully, yours,

ANDREW JOHNSON. Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes To General ULYSSES S. Grant, Washington D. C. and misdemeanors.

HEADQUARTERS ARMIES OF THE UNITED STATES. Messrs. Wilson (of Iowa) and Woodbridge

WASHINGTON, D, C., Aug. 12, 1867. did not favor this course, and on the test vote there were in favor of impeachment, 57, a!! Re transmit to you a copy of a letter just received

Sir: Enclosed herewith, I have the honor to publicans; opposed, 108, of whom 63 were Republicans and 41 were Democrats; absent or from the President of the United States, notifynot voting 22, of whom 18 were Republicans ing me of my assignment as Acting Secretary of and 4 Democrats.

War, and directing me to assume those duties at For seven months little was said or thought once. about impeachment. About the ist of August, In notifying you of my acceptance, I cannot however Mr. Johnson's hostility to Mr Stan: let the opportunity pass without expressing to ton, Secretary of War, began to take tangible shape, and on the 5th of that month (not being you my appreciation of the zeal, patriotism, permitted by the Tenure of Office bill to sum- firmness, and ability with which you have ever marily turn him out of office) he requested the discharged the duties of Secretary of War. Secretary to resign. Mr. Stanton replied in a With great respect, your obedient servant, qualified refusal. We give the correspond

U.S. GRANT, Generál. ence:

To Hon. EDWIN M. STANTON, Secretary of War. EXECUTIVE MANSION, WASHINGTON, Aug. 5, 1867. Sir: Public considerations of a high character

WAR DEPARTMENT, constrain me to say that your resignation as

WASHINGTON CITY, Aug. 12, 1867. Secretary of War will be accepted.

SIR: Your note of this date has been received, Very respectfully,

informing me that, by virtue of the power and ANDREW JOHNSON, authority vested in you as President by the To Hon. EDWIN M. STANTON, Secretary of War. Constitution and laws of the United States, I am

suspended from office as Secretary of War, and WAR DEPARTMENT, WASHINGTON, Aug. 5, 1867. will cease to exercise any and all functions per

SIR : Your note of this day has been received, taining to the same, and also directing me at stating that public considerations of a high once to transfer to General U. S. Grant, who has character constrain you to say that my resigna- this day been authorized and empowered to act tion as Secretary of War will be accepted. as Secretary of War ad interim, all records,

In reply, I have the honor to say that public books, papers, and other public property now in considerations of a high character, which alone my custody and charge. Under a sense of pubhave induced me to continue at the head of this lic duty I am compelled to deny your right, un. Department, constrain me not to resign the office der the Constitution and laws of the United

States, without the advice and consent of the ' by the Constitution and laws of the United Senate, and without legal cause, to suspend me States, I suspended Edwin M. Stanton from the from office as Secretary of War, or the exercise office of Secretary of War. In further exercise of any or all functions pertaining to the same, of the power and authority so vested in the or without such advice and consent to compel President, I have this day removed Mr. Stanton me to transfer to any person the records, books, from the office, and designated the Adjutant papers, and public property in my custody as General of the army as Secretary of War ad Secretary. But inasmuch as the General com- interim. Copies of the communications upon manding the armies of the United States has this subject, addressed to Mr. Stanton and the been appointed ad interim, and has notified me Adjutant General, are herewith transmitted for that he has accepted the appointment, I have no the information of the Senate. alternative but to submit, under protest, to su

ANDREW JOHNSON. perior force. Very respectfully, yours, EDWIN M. STANTON, Secretary of War

On the 21st of February (the day the above To the President.

communication was received), the Senate, 28

30 6 (party vote, 20 not voting), passed this: WAR DEPARTMENT,

Resolved, That under the constitution and laws WASHINGTON CITY, Aug. 12, 1867.

of the United States, the President has no power GENERAL: Your note of this date, accompanied to remove the Secretary of War and designate by a copy of a letter addressed to you, August any other officer to perform the duties of that 12, by the President, appointing you Secretary office ad interim. of War ad interim, and informing me of your On the 21st of February, Gen Thomas acceptacceptance of the appointment, has been re ed the ad interim appointment by this letter: ceived. Under a sense of public duty I am

WAR DEPARTMENT, compelled to deny the President's right under the

ADJUTANT GENERAL'S OFFICE, Constitution and laws of the United States, to sus

WASHINGTON, February 21, 1868. pend me from office as Secretary of War, or to authorize any other person to enter upon the His Excellency ANDREW JOHNSON, President of discharge of the duties of that oftice, or to require

the United States: me to transfer to you or any other person the

Sir: I have the honor to report that I have records, books, papers, and other property in my

delivered the communication addressed by you official custody and charge as Secretary of War,

to the honorable Elwin M. Stanton, removing But, inasmuch as the President has assumed him from the office of Secretary of the War Deto suspend me from office as Secretary of War, partment, and also to acknowledge the receipt and you have notified me of your acceptance of of your letter of this date authorizing and emthe appointment of Secretary of War ad interim powering me to act as Secretary of War ad inI have no alternative but to submit, under pro. terim. I accept this appointment with gratitude test, to the superior force of the President. You for the confidence reposed in me, and will enwill please accept my acknowledgment of the deavor to discharge the duties to the best of my kind terms in which you have notified me of your ability. acceptance of the President's appointment, and

I have the honor to be, sir, your obedient serymy cordial reciprocation of the sentiments ex ant, L. THOMAS, Adjutant General. pressed. I am, with sincere regard, truly yours,

EDWIN M. STANTON, Secretury of War. General ULYSSES S. GRANT.

Secretary Stanton remained in possession of

the War Office till after the vote in the Senate, On the 13th of January, 1868, the Senate took sitting as a court of impeachment, on the 26th up the matter, and a resolution was passed, 35

of May, on which day he addressed this comto 6 (party vote), that the Senate did not con

munication to President Johnson :
cur in Mr. Stanton's suspension.
Then ensued the following correspondence:

WAR DEPARTMENT,
HEADQUARTERS ARMIES UNITED STATES.

WASHINGTON City, May 26, 1868.

SIR: The resolution of the Senate of the WASHINGTON, D. C., Jan. 14, 1868.

United States, of the 21st of February last, deSIR: I have the honor to inclose herewith copy of official notice received by me last even- claring that the President “has no power to re

move the Secretary of War and designate any ing of the action of the Senate of the United

other officer to perform the duties of that office States in the case of the suspension of Hon. E. M. Stanton, Secretary of War. According to the

ad interim," having this day failed to be supprovisions of section two of an "An act regula- ported by two-thirds of the Senators present ting the tenure of certain civil offices," my ferred against you by the House of Representa

and voting on the articles of impeachment prefunctions as Secretary of War ad interim ceased from the moment of the receipt of the tives, I have relinquished charge of the War within notice. I have the honor to be, very books, archives, papers, and property, heretofore

Department, and have left the same, and the respectfully, your obedient servant, U. S. GRANT, General.

in my custody as Secretary of War, in care of His Excellency A. JOHNSON, President of the

Brevet Major General Townsend, the senior United States.

Assistant Adjutant General, subject to your direction,

EDWIN M. STANTON, WASHINGTON, D. C., Feb. 21, 1868.

Secretary of War. To the Senate of the United States :

To the President of the United States. On the 12th day of August, 1867, by virtue of Secretary Stanton's order to Gen. Townsend the power and authority vested in the President is as follows:

WAR DEPARTMENT,

The amendment of Mr. Frelinghuysen was WASHINGTON City, May 26, 1868. then rejected-yeas 15, nays 22, as follow: GENERAL: You will take charge of the War Department, and the books and papers, archives Fowler, Frelinghuysen, Ilendricks, Johnson,

YEAS—Messrs. Buckaleu, Corbett, Doolittle, and public property, belonging to the same, sub- McCreery, Norton, Patterson of Tennessee, ject to the disposal and direction of the Presi- Ross, Sprague, Tipton, Van Winkle, Vickersdet. EDWIN M, STANTON,

15. Secretary of War.

Nays-Messrs. Anthony, Cameron, Cattell, Brevet Maj. Gen. E. D. TOWNSEND,

Cole, Conkl ng, Conness, Cragin, Drake, Ed. Assistant Adjutant General.

munds, Morgan, Morton, Patterson of New Hamp

Pomeroy, Ramsey, Stewart, Sumner, Thay1868, May 29.-Mr. Edmunds offered the following preamble and resolution :

er, Wade, Willey, Williams, Wilson, Yates-22. Whereas, on the 23d of April, 1868, the Presi- Davis, Diæ n, Ferry, Fessenden, Grimes, Har.

'Nor VOTING — Messrs. Bayard, Chandler, dent nominated John M. Schofield to be Secre- lan, Henderson, Howard, Howe, Morrill of Maine, tary of War, in place of Edwin M. Stanton, Morrill of Vermont, Nye, Saulsbury, Sherman, removed; and whereas, in the opinion of the

Trumbull-17. Senate, the said Stanton has not been legally removed from his office, but inasmuch as the said then agreed to-yeas 35, nays 2, as follow:

The resolution offered by Mr. Edmunds was Stanton has relinquished his place as Secretary of War, for causes stated in his note to the Pres- Cattell, Cole, Conness, Corbett, Doolittle, Drake,

YEAS— Messrs. Anthony, Buckalew, Cameron, ident: Therefore Resolved, that the Senate advise and consent derson, Hendricks, Johnson, Morgan, Morrill

Edmunds, Fowler, Frelinghuysen, Harlan, Hento the appointment of John M. Schofield to be

of Vermont, Morton, Patterson of New HampSecretary of War.

Mr. Willey moved to amend Mr. Edmunds's shire, Patterson of Tennessee, Pomeroy, Ramresolution, by striking out all after “Resolved,"

sey, Ross, Sprague, Stewart, Thayer, Tipton, and inserting TI

Trumbull, Van Winkle, Vickers, Willey, Wil. the nate ise (ind consent to the appointment of John M. Scho- liams, Wilson, Yates-33.

Nays— Messrs. McCreery, Norton-2. field to be Secretary for the Department of War, in the place of Edwin M. Stanton, Conkling, Cragin, Davis, Dixon, Ferry, Fessen

Not VOTING — Messrs. Bayard, Chandler, hereby removed. Which was debated and withdrawn by him.

den, Grimes, Howe, Morrill of Maine, Nye, Mr. Frelinghuysen moved to ame.id Mr. Ed. Suulsbury, Sherman, Sumner, Wade-17. munds's resolution, by striking out all after

The preamble was then agreed to-yeas 28, "Resolved," and inserting That the Sen ite ad. , nays 13, as follow: cise and consent to the appointment of John

YEAS—Messrs. Anthony, Cameron, Cattell, M. Sch"field to be Secretary for the Depirt- Cole, Conkling, Conness, Corbett, Cragin, Drake, ment of war, in the place of Edwin M. Stan- Edmunds, Frelinghuysen, Harlan, Morgan, Mor? ton, who has relinquished that office.

rill of Vermont, Morton, Patterson of New Nir. Henderson moved to amend the amend- Hampshire, Pomeroy, Ramsey, Sprague, Stewment of Mr. Frelinghuysen, by striking out the art; . Sumner, Thayer, Tiptol, Wade, Willey, words “in the place of Edwin M. Stanton, who

Williams, Wilson, Yates-28.

Nays-Messrs. Buckalew, Doolittle, Fowler, has relinquished that office.' Which was rejected.

Henderson, Hendricks, Johnson, McCreery, Mr. Stewart moved to amend Mr. Frelinghuy. Nyton, Patterson of Tennessee, 'Ross, Trumsen's amendment, by striking out all after “ Re. bull, Van Winkle, Vickers-13. solved," and inserting that

the Senate adrise vis, Diron, Ferry, Fessenden, Grimes, Howard.

Nor VOTING - Messrs. Bayard, Chandler, Da. and consent to the appointment of John Schofield as Secretary of, War, in place of Ilowe, Morrill of Maine, Nye, Saulsbury, Sher

man-13. Elvin M. Stanton, who has been forcell to retire from the discharge of the duties of Then (and before) came on the actual im. suid office by reason of the illegal and un

peachment of the President, the charges, the constitutional acts of the President of the testimony, and the trial, of which we give a

synopsis: United States.

1868, Jan. 27.-Reconstruction Committee (99 Which was rejected— yeas 19, nays 21, as to 3!) authorized to inquire into combinations follow:

to obstruct the execution of the laws. YEAS-Messrs. Cameron, Cattell, Cole, Conk.

Feb. 13.-Reconstruction Committee said to ling, Conness, Cragin, Drake, Morrill of Ver- have voted down Mr. Stevens's impeachment

resolutions: Yeas (to lay on table)-Beaman, mont, Patterson of New Hampshire, Pomeroy, Beck, Bingham, Brooks, Hulburd, Paine. Ramsey, Stewart, Sumner, Thayer, Tipton, | Nays-Boutwell, Farnsworth, Stevens. Wade, Williams, Wilson, Yates-19.

Feb. 21.-Gen. Thomas served on Mr. Stanton Nays-Messrs. Anthony, Buckalew, Corbett, notice to quit. Mr. Stanton held on, and sent Doolittle, Edmunds, Fowler, Frelinghuysen, Thomas's order to the Speaker of the House. Henderson, Ilendricks, Johnson, McCreery, Committee. After a survey of the facts and Morgan, Morton, Norton, Patterson, of: Ten- documents, the Committee made this report: nessee, Ross, Sprague, Trumbull, Van Winkle, Vi kers, Willey—21.

Upon the evidence collected by the committee, Nor Voting — Messrs. Bayard, Chandler, and in virtue of the powers with which they have Davis, Dixon, Ferry, Fessenden, Grimes, Har- been invested by the House, they are of the opinlan, Howard, Howe, Morrill of Maine, Nye, ion that Andrew Johnson, President of the United Saulsbury, Sherman-14.

States, be impeached of high crimes and misde

meanors. They therefore recommend to the James F. Wilson, Logan, Julian, and Ward, on House the adoption of the accompanying resolu- the latter. tion. (Signed) THADDEUS STEVENS, GEORGE S. February 25.-Mr. Thaddeus Stevens and Mr. BOUTWELL, John. A. BINGHAM, C. T. HULBURD, John A. Bingham appeared at the bar of the John F. FARNSWORTH, F. C. BEAMAN, H. E. Paine. Senate and delivered the following message : Resolution providing for the impeachment of

Mr. PRESIDENT: By order of the House of Andrew Johnson, President of the United Representatives, we appear at the bar of the States.

Senate, and in the name of the House of Repre

sentatives, and of all the people of the United Resowed, That Andrew Johnson, President States, we do impeach Andrew Johnson, Presi. of the United States, be impeached of high dent of the United States, of high crimes and crimes and misdemeanors in office.

misdemeanors in office; and we do further inFebruary 24.—This resolution was adopted, form the Senate that the House of Representayeas 128, nays 47, as follow:

tives will in due time exhibit particular articles YEAS-Messrs. Allison, Ames, Anderson, Ar

of impeachment against him, and make good the nell, Delos R. Ashley, James M. Ashley, Bailey,

same; and in their name we DO DEMAND that the Baker, Baldwin, Banks, Beaman, Beatty, Benton, Senate take order for the appearance of the Bingham, Blaine, Blair, Boutwell, Bromwell, said Andrew Johnson to answer to said impeachBroomall, Buckland, Butler, Cake, Churchill, ment. Roader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge,

FORTIETH CONGRESS, SECOND SESSION, Driggs, Eckley, Eggleston, Eliot, Farnsworth,

THE HOUSE OF REPRESENTATIVES, U. S., Ferriss, Ferry, Fields, Gravely, Griswold, Hal

March 2, 1868. sey, Harding, Higby, Hill, Hooper, Hopkins, Articles exhibited by the House of Represent. Asahel W. Hubbard, Chester D. Hubbard, Hul

atives of the United States, in the name of burd, Hunter, Ingersoll, Jenckes, Judd, Julian,

themselves and all the people of the United Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laf

States, against Andrew Johnson, President lin, George V. Lawrence, William Lawrence,

of the United States, in maintenance and Lincoln, Loan, Logan, Loughridge, Lynch, Mal

support of their impeachment against him lory, Marvin, McCarthy, McClurg, Mercury,

for high crimes and misdemeanors in of: Miller, Moore, Moorhead, Morrell, Mullins, My

fice. ers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, President of the United States, on the 21st day

ARTICLE I.-That the said Andrew Johnson, Price, Raum, Robertson, Sawyer, Schenck, Sco- of February, in the year of our Lord 1868, at field,' Selye, Shanks, śmith, Spalding, Stark- Washington,' in the District of Columbia, unweather, Aaron F. Stevens, Thaddeus Stevens, mindful of the high duties of his office, of his Stokes, 'Taffe, Taylor, Thomas, Trowbridge, 1 oath of office, and of the requirements of the Twichell, Upson, Van Aernam, Búrt Van Horn, Constitution that he should take care that the Van Wyck, Ward, Cadwalader C. Washburne, laws he

faithfully executed, did unlawfully, and Elihu B. Washburne, William B. Washburn, in violation of the

Constitution and laws of the Welker, Thomas Williams, James F. Wilson, United States, issue an order in writing for the John T. Wilson, Stephen H. Wilson, Windom, removal of Edwin M. Stanton from the office of Woodbridge, Mr. Speaker Colfax-128. NAYS-Messrs. Adams,

Secretary for the Department of War, said Ed

Archer, Aætell, win M. Stanton having been theretefore duly apBarnes, Barnum, Beck, Boyer, Brooks, Burri pointed and commissioned, by and with the adCary, Chanler, Eldridge, Fox, Getz, Glo88. vice and consent of the Senate of the United brennor, Golladay, Grover, Haight, Hol- States, as such Secretary, and said Andrew Johnman, Hotchkiss, Richard D. Hubbard, Hum- son, President of the United

States, on the 12th phrey, Johnson, Jones, Kerr, Knott, Mar- day of August, in the year of our Lord 1867, and shali, McCormick, McCullough, Morgan, during the recess of said Senate, having suspend. Morrissey, Mungen, Niblack, Nicholson, ed by his order Edwin M. Stanton from said ofPhelps, Pruyn, Randall, Rose, Sitgreaves, fice, and within twenty days after the first day Stewart, Stone, Taber, Lawrence S. Trimble,

of the next meeting of said Senate, that is to say, Van Auken, Van Trump, Wood, Woodward

on the 12th day of December, in the year last -47.

aforesaid, having reported to said Senate such Not VOTING—Messrs. Benjamin, Dixon, Don- suspension with the evidence and reasons for his nelly, Ela, Finney, Garfield, Hawkins, Maynard, action in the case and the name of the person desPomeroy, Robinson, Shellabarger, John Trimble, ignated to perform the duties of such office Robert T. Van Horn, Henry D. Washburn, Wil- temporarily until the next meeting of the Senate, liam Williams-15.

and said Senate thereafterwards on the 13th day On the same day, on motion of Mr. Thaddeus of January, in the year of our Lord 1868, baving Stevens, the appointment of a committee of two duly considered the evidence and reasons reto notify the Senate, and of a committee of ported by said Androw Johnson for said suspenseven to prepare and report Articles of Impeach- sion, and having refused to concur in said susment against Andrew Johnson, President of the pension, wher by and by force of the provisions United States, was ordered, with power to send of an act entized“ An act regulating the tenure for persons, papers, and records, and to take of certain civil offices," passed March 2, 1867, testimony under oath.

said Edwin M. Stanton did forthwith resume the Which was agreed to-yeas 124, nays 42. functions of his office, whereof the said Andrew The Speaker appointed Messrs. Thaddeus Johnson had then and there due notice, and said Stevens and John A. Bingham on the former, and Edwin M. Stanton, by reason of the premises, on Messrs. Boutwell, Thaddeus Stevens, Bingham, I said 21st day of February, being lawfully entitled

to hold said office of Secretary for the Depart- of War, duly appointed under the laws of the ment of War, which order was unlawfully issued United States, from holding said office of Secrewith intent then and there to violate the act en- tary for the Department of War, contrary to and titled "An act regulating the tenure of certain in violation of the Constitution of the United civil offices,” passed March 2, 1867, and with the States, and of the provisions of an act entitled further intent, contrary to the provisions of said “An act to define and punish certain conspiract, in violation thereof, and contrary to the pro- acies," approved July 31st 1861, whereby said visions of the Constitution of the United States, Andrew Johnson, President of the United States, and without the advice and consent of the Sen- did then and there commit and was guilty of a ate of the United States, the said Senate then high crime in office. and there being in session, to remove said Ed ARTICLE V. - That said Andrew Johnson, win M. Stanton from the office of Secretary for President of the United States, unmindful of the the Department of War, the said Edwin M. Stan- high duties of his office and of his oath of office, ton being then and there Secretary for the De on the 21st day of February, in the year of our partment of War, and being then and there in Lord 1868, and on divers other days and times the due and lawful execution and discharge of in said year, before the 2d day of March, in the the duties of said office, whereby said Andrew year of our Lord 1868, at Washington, in the Johnson, President of the United States, did then District of Columbia, did unlawfully conspire and there commit, and was guilty of a high mis- with one Lorenzo Thomas, and with other perdemeanor in office.

sons to the House of Representatives unknown, ARTICLE II.—That on the said 21st day of Feb to prevent and hinder the execution of an act ruary, in the year of our Lord one thousand entitled "An act regulating the tenure of cereight hundred and sixty-eight, at Washington, in tain civil offices,” passed March 2d 1867, and in the District of Columbia, said Andrew Johnson, pursuance of said conspiracy did unlawfully atPresident of the United States, unmindful of the tempt to prevent Edwin M. Stanton, then and high duties of his office, of his oath of office, and in there being Secretary for the Department of violation of the Constitution of the United States, War, duly appointed and commissioned under and contrary to provisions of an act entitled “An the laws of the United States, from holding said act regulating the tenure of certain civil offices,' office, whereby the said Andrew Johnson, Presi. passed March 2, eighteen hundred and sixty- dent of the United States, did then and there seven, without the advice and consent of the commit and was guilty of a high misdemeanor Senate of the United States, said Senate then and in office. there being in session, and without authority of ARTICLE VI.—That said Andrew Johnson, law, did, with intent to violate the Constitution President of the United States, unmindful of the of the United States, and the act aforesaid, issue high duties of his office, and of his oath of office, and deliver to one Lorenzo Thomas a letter of on the 21st day of February, in the year of our authority, then and there being no vacancy in Lord 1868, at Washington, in the District of Cosaid office of Secretary for the Department of lumbia, did unlawfully conspire with one LoWar, whereby said Andrew Johnson, President renzo Thomas, by force to seize, take, and posof the United States, did then and there com sess the property of the United States in the Demit and was guilty of a high misdemeanor in of- partment of War, and then and there in the fice.

custody and charge of Edwin M. Stanton, SecreARTICLE III.--That said Andrew Johnson, tary for said Department, contrary to the pro. President of the United States, on the 21st day visions of an act entitled " An act to define and of February, in the year of our Lord 68, at punish certain conspiracies,”' approved July 31, Washington, in the District of Columbia, did 1861, and with intent to violate and disregard commit and was guilty of a high misdemeanor an act entitled “An act regulating the tenure of in office, in this, that without authority of law, certain civil offices,” passed March 2d 1867, while the Senate of the United States was then whereby said Andrew Johnson, President of the and there in session, he did appoint one Lorenzo United States, did then and there commit a high Thomas to be Secretary for the Department of crime in office. War ad interim, without the advice and consent ARTICLE VII.—That said Andrew Johnson, of the Senate, and with intent to violate the Con- President of the United States, unmindful of the stitution of the United States, no vacancy hav- high duties of his office and of his oath of office, ing happened in said office of Secretary for the on the 21st day of February, in the year of our Department of War during the recess of the Lord 1868, at Washington, in the District of CoSenate, and no vacancy existing in said office at lumbia, did unlawfully conspire with one Lothe time, and which said appointment so made renzo Thomas, with intent unlawfully to seize, by said Andrew Johnson, of said Lorenzo Tho- take, and possess the property of the United

States in the Department of War, in the custody ARTICLE IV.—That said Andrew Johnson, and charge of Edwin M. Stanton, Secretary for President of the United States, unmindful of the said Department, with intent to violate and dishigh duties of his office and of his oath of office, regard the act entitled “ An act regulating the in violation of the Constitution and laws of the tenure of certain civil offices,” passed March 2, United States, on the 21st day of February, in 1867, whereby said Andrew Johnson, President the year of our Lord 1868, at Washington, in the of the United States, did then and there commit District of Columbia, did unlawfully conspire a high misdemeanor in office. with one Lorenzo Thomas, and with other per ARTICLE VIII.-That said Andrew Johnson, sons to the House of Represetatives unknown, President of the United States, unmindful of the with intent, by intimidation and threats, unlaw- high duties of his office and of his oath of office, fully to hinder and prevent Edwin M. Stanton, with intent unlawfully to control the disbursethen and there the Secretary for the Department I ments of the moneys appropriated for the mili

mas.

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