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IMPEACHMENT OF PRESIDENT JOHNSONTRIAL 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 movemen was begun by the Hon. James M. Ashley (Rep.) of Ohio, who proposed the following resolution on the 7th of January, 1867:

EDWIN M. STANTON.

To the President.

States,

"I do impeach Andrew Johnson, Vice-President and acting President of the of high crimes and misdemeanors. I charge him with a usurpation of power and violation of law, in that he has corruptly used the appointing power; in that he has corruptly used the pardoning power; in that he has corruptly used the veto power; in that he has corruptly disposed of the public property of the United States; in that he has corruptly interfered in elections, and committed acts, and conspired with others to commit acts, which, in contemplation of the Constitution, are high crimes and misdemeanors."

Mr. Ashley appended a resolution directing the Judiciary Committee to make a thorough investigation in the matter, and the House on the same day, adopted the resolution by 107 yeas to 39 nays. The Committee began to take testimony on the 6th of February, and continued at intervals for several months. On the 25th of November, they sent in an enormous mass of testimony (printed in 1163 pages), and submitted therewith their report, or rather three reports. Messrs. Boutwell, Williams, Thomas, Lawrence, and Churchill, agreed in favor of impeachment, and submitted this resolution:

Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes

and misdemeanors.

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SECRETARY STANTON'S SUSPENSION. EXECUTIVE MANSION, WASHINGTON, Aug. 12, 1867. SIR: By virtue of the power and authority and laws of the United States, you are hereby vested in me as President by the Constitution suspended from office as Secretary of War, and will cease to exercise any and all functions perto General Ulysses S. Grant, who has this day taining to the same. You will at once transfer been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. Very respectfully, yours, To Hon. EDWIN M. STANTON, Secretary of War. ANDREW JOHNSON. EXECUTIVE MANSION, WASHINGTON, Aug. 12, 1867.

been this day suspended as Secretary of War, SIR: The Honorable Edwin M. Stanton having you are hereby authorized and empowered to act as Secretary of War ad interim, and will at once enter upon the discharge of the duties of structed to transfer to you all records, books, that office. The Secretary of War has been inpapers, and other public property now in his custody and charge. Very respectfully, yours, ANDREW JOHNSON.

To General ULYSSES S. GRANT, Washington D. C.

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WAR DEPARTMENT, WASHINGTON CITY, Aug. 12, 1867. SIR: Your note of this date has been received, informing me that, by virtue of the power and authority vested in you as President by the Constitution and laws of the United States, I am suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same, and also directing me at once to transfer to General U. S. Grant, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in my custody and charge. Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United

States, without the advice and consent of the Senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary. But inasmuch as the General commanding the armies of the United States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to submit, under protest, to superior force. Very respectfully, yours,

EDWIN M. STANTON, Secretary of War To the President.

WAR DEPARTMENT,

WASHINGTON CITY, Aug. 12, 1867. GENERAL: Your note of this date, accompanied by a copy of a letter addressed to you, August 12, by the President, appointing you Secretary of War ad interim, and informing me of your acceptance of the appointment, has been received. Under a sense of public duty I am compelled to deny the President's right under the Constitution and laws of the United States, to suspend me from office as Secretary of War, or to authorize any other person to enter upon the discharge of the duties of that office, or to require me to transfer to you or any other person the records, books, papers, and other property in my official custody and charge as Secretary of War. But, inasmuch as the President has assumed to suspend me from office as Secretary of War, and you have notified me of your acceptance of the appointment of Secretary of War ad interim I have no alternative but to submit, under protest, to the superior force of the President. You will please accept my acknowledgment of the kind terms in which you have notified me of your acceptance of the President's appointment, and my cordial reciprocation of the sentiments expressed. I am, with sincere regard, truly yours, EDWIN M. STANTON, Secretary of War. General ULYSSES S. GRANT.

On the 13th of January, 1868, the Senate took up the matter, and a resolution was passed, 35 to 6 (party vote), that the Senate did not concur in Mr. Stanton's suspension.

Then ensued the following correspondence: HEADQUARTERS ARMIES UNITED STATES. WASHINGTON, D. C., Jan. 14, 1868. SIR: I have the honor to inclose herewith copy of official notice received by me last evening of the action of the Senate of the United States in the case of the suspension of Hon.

E. M. Stanton, Secretary of War. According to the provisions of section two of an "An act regulating the tenure of certain civil offices," my functions as Secretary of War ad interim

ceased from the moment of the receipt of the within notice. I have the honor to be, very respectfully, your obedient servant,

U. S. GRANT, General. His Excellency A. JOHNSON, President of the United States.

WASHINGTON, D. C., Feb. 21, 1868. To the Senate of the United States:

On the 12th day of August, 1867, by virtue of the power and authority vested in the President

by the Constitution and laws of the United States, I suspended Edwin M. Stanton from the office of Secretary of War. In further exercise of the power and authority so vested in the President, I have this day removed Mr. Stanton from the office, and designated the Adjutant General of the army as Secretary of War ad interim. Copies of the communications upon this subject, addressed to Mr. Stanton and the Adjutant General, are herewith transmitted for the information of the Senate. ANDREW JO SON.

On the 21st of February (the day the above communication was received), the Senate, 28 06 (party vote, 20 not voting), passed this:

Resolved, 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 perform the duties of that office ad interim.

On the 21st of February, Gen Thomas accepted the ad interim appointment by this letter: WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE. WASHINGTON, February 21, 1868.

His Excellency ANDREW JOHNSON, President of

the United States:

SIR: I have the honor to report that I have delivered the communication addressed by you to the honorable Edwin M. Stanton, removing him from the office of Secretary of the War Department, and also to acknowledge the receipt of your letter of this date authorizing and empowering me to act as Secretary of War ad interim. I accept this appointment with gratitude for the confidence reposed in me, and will endeavor to discharge the duties to the best of my ability. I have the honor to be, sir, your obedient servant, L. THOMAS, Adjutant General.

Secretary Stanton remained in possession of the War Office till after the vote in the Senate,

sitting as a court of impeachment, on the 26th of May, on which day he addressed this communication to President Johnson:

WAR DEPARTMENT,

WASHINGTON CITY, May 26, 1868. SIR: The resolution of the Senate of the United States, of the 21st of February last, declaring that the President "has no power to remove the Secretary of War and designate any other officer to perform the duties of that office

ad interim," having this day failed to be supand voting on the articles of impeachment preported by two-thirds of the Senators present ferred against you by the House of Representatives, I have relinquished charge of the War Department, and have left the same, and the books, archives, papers, and property, heretofore in my custody as Secretary of War, in care of Brevet Major General Townsend, the senior Assistant Adjutant General, subject to your direction. EDWIN M. STANTON, Secretary of War. To the President of the United States. Secretary Stanton's order to Gen. Townsend is as follows:

WAR DEPARTMENT,

WASHINGTON CITY, May 26, 1868. GENERAL: You will take charge of the War Department, and the books and papers, archives and public property, belonging to the same, subject to the disposal and direction of the Presi15. Secretary of War. Brevet Maj. Gen. E. D. TOWNSEND, Assistant Adjutant General.

dent.

EDWIN M. STANTON,

1868, May 29.-Mr. Edmunds offered the following preamble and resolution :

Whereas, on the 23d of April, 1868, the President nominated John M. Schofield to be Secretary of War, in place of Edwin M. Stanton, removed; and whereas, in the opinion of the Senate, the said Stanton has not been legally removed from his office, but inasmuch as the said Stanton has relinquished his place as Secretary of War, for causes stated in his note to the Pres

ident: Therefore

Resolved, That the Senate advise and consent to the appointment of John M. Schofield to be Secretary of War.

Mr. Willey moved to amend Mr. Edmunds's resolution, by striking out all after "Resolved," and inserting That the Senate advise az consent to the appointment of John M. Schofield to be Secretary for the Department of War, in the place of Edwin M. Stanton, hereby removed.

Which was debated and withdrawn by him. Mr. Frelinghuysen moved to ame.id Mr. Edmunds's resolution, by striking out all after "Resolved," and inserting That the Sen te advise and consent to the appointment of John M. Schofield to be Secretary for the Depart ment of War, in the place of Edwin M. Stunton, who has relinquished that office.

Mr. Henderson moved to amend the amendment of Mr. Frelinghuysen, by striking out the words "in the place of Edwin M. Stanton, who has relinquished that office."

Which was rejected.

Mr. Stewart moved to amend Mr. Frelinghuysen's amendment, by striking out all after "Resolved," and inserting That the Senate advise and consent to the appointment of John M Schofield as Secretary of War, in place of Edwin M. Stanton, who has been forced to retire from the discharge of the duties of said office by reason of the illegal and unconstitutional acts of the President of the

United States.

Which was rejected- yeas 19, nays 21, as follow:

YEAS-Messrs. Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Morrill of Vermont, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Wade, Williams, Wilson, Yates-19.

NAYS-Messrs. Anthony, Buckalew, Corbett, Doolittle, Edmunds, Fowler, Frelinghuysen, Henderson, Hendricks, Johnson, McCreery, Morgan, Morton, Norton, Patterson of Ten

nessee, Ross, Sprague, Trumbull, Van Winkle, Vi kers, Willey-21.

NOT VOTING Messrs. Bayard, Chandler, Davis, Dixon, Ferry, Fessenden, Grimes, Harlan, Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman-14.

The amendment of Mr. Frelinghuysen was then rejected-yeas 15, nays 22, as follow:

YEAS-Messrs. Buckalew, Corbett, Doolittle, Fowler, Frelinghuysen, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Sprague, Tipton, Van Winkle, Vickers

NAYS-Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Edmunds, Morgan, Morton, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Wade, Willey, Williams, Wilson, Yates-22. NOT VOTING Davis, Dixon, Ferry, Fessenden, Grimes, HarMessrs. Bayard, Chandler, lan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Nye, Saulsbury, Sherman, Trumbull-17.

The resolution offered by Mr. Edmunds was then agreed to-yeas 35, nays 2, as follow:

Cattell, Cole, Conness, Corbett, Doolittle, Drake, YEAS-Messrs. Anthony, Buckalew, Cameron, derson, Hendricks, Johnson, Morgan, Morrill Edmunds, Fowler, Frelinghuysen, Harlan, Henof Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Vickers, Willey, Williams, Wilson, Yates-35.

NAYS-Messrs. McCreery, Norton-2.

Conkling, Cragin, Davis, Dixon, Ferry, FessenNOT VOTING Messrs. Bayard, Chandler, den, Grimes, Howe, Morrill of Maine, Nye, Saulsbury, Sherman, Sumner, Wade-17.

The preamble was then agreed to-yeas 28, nays 13, as follow:

YEAS-Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Drake, rill of Vermont, Morton, Patterson of New Edmunds, Frelinghuysen, Harlan, Morgan, MorHampshire, Pomeroy, Ramsey, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, Yates-28.

NAYS-Messrs. Buckalew, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, bull, Van Winkle, Vickers-13. Norton, Patterson of Tennessee, Ross, Trum

NOT VOTING-Messrs. Bayard, Chandler, Davis, Dixon, Ferry, Fessenden, Grimes, Howard. Howe, Morrill of Maine, Nye, Saulsbury, Sher

man-13.

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meanors. They therefore recommend to the
House the adoption of the accompanying resolu-
tion. (Signed) THADDEUS STEVENS, GEORGE S.
BOUTWELL, JOHN. A. BINGHAM, C. T. HULBURD,
JOHN F. FARNSWORTH, F. C. BEAMAN, H. E. PAINE.
Resolution providing for the impeachment of
Andrew Johnson, President of the United
States.

Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office.

February 24.-This resolution was adopted yeas 128, nays 47, as follow:

YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Roader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Griswold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McClurg, Mercury, Miller, Moore, Moorhead, Morrell, Mullins, Myers, Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburne, Elihu B. Washburne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Mr. Speaker Colfax-128.

NOT VOTING-Messrs. Benjamin, Dixon, Donnelly, Ela, Finney, Garfield, Hawkins, Maynard, Pomeroy, Robinson, Shellabarger, John Trimble, Robert T. Van Horn, Henry D. Washburn, Wil

liam Williams-15.

James F. Wilson, Logan, Julian, and Ward, on the latter.

February 25.-Mr. Thaddeus Stevens and Mr. John A. Bingham appeared at the bar of the Senate and delivered the following message:

On the same day, on motion of Mr. Thaddeus Stevens, the appointment of a committee of two to notify the Senate, and of a committee of seven to prepare and report Articles of Impeachment against Andrew Johnson, President of the United States, was ordered, with power to send for persons, papers, and records, and to take testimony under oath.

Which was agreed to-yeas 124, nays 42.
The Speaker appointed Messrs. Thaddeus
Stevens and John A. Bingham on the former, and
Messrs. Boutwell, Thaddeus Stevens, Bingham,

MR. PRESIDENT: By order of the House of Representatives, we appear at the bar of the Senate, and in the name of the House of Representatives, and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office; and we do further inform the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, and make good the same; and in their name we DO DEMAND that the Senate take order for the appearance of the said Andrew Johnson to answer to said impeachment.

President of the United States, on the 21st day ARTICLE I.-That the said Andrew Johnson, of February, in the year of our Lord 1868, at Washington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirements of the Constitution that he should take care that the laws he faithfully executed, did unlawfully, and in violation of the Constitution and laws of the United States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretefore duly appointed and commissioned, by and with the ad

NAYS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Gloss-vice and consent of the Senate of the United brenner, Golladay, Grover, Haight, Hol- States, as such Secretary, and said Andrew Johnman, Hotchkiss, Richard D. Hubbard, Humson, 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 shall, McCormick, McCullough, Morgan, during the recess of said Senate, having suspendMorrissey, Mungen, Niblack, Nicholson, ed by his order Edwin M. Stanton from said ofPhelps, Pruyn, Randall, Ross, 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 suspension with the evidence and reasons for his aforesaid, having reported to said Senate such action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate,

-47.

and said Senate thereafterwards on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons reported by said Androw Johnson for said suspension, and having refused to concur in said suspension, wher by and by force of the provisions of an act entièd "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully entitled

FORTIETH CONGRESS, SECOND SESSION, THE HOUSE OF REPRESENTATIVES, U. S., March 2, 1868. Articles exhibited by the House of Representatives of the United States, in the name of themselves and all the people of the United States, against Andrew Johnson, President of the United States, in maintenance and support of their impeachment against him for high crimes and misdemeanors in office.

to hold said office of Secretary for the Department of War, which order was unlawfully issued with intent then and there to violate the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and with the further intent, contrary to the provisions of said act, in violation thereof, and contrary to the provisions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said Edwin M. Stanton rom the office of Secretary for the Department of War, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful execution and discharge of the duties of said office, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high misdemeanor in office.

ARTICLE II.-That on the said 21st day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, said Andrew Johnson, President of the United States, unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixtyseven, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority, then and there being no vacancy in said office of Secretary for the Department of War, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.

ARTICLE III.-That said Andrew Johnson, President of the United States, on the 21st day February, in the year of our Lo 1868, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in office, in this, that without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment so made by said Andrew Johnson, of said Lorenzo Tho

mas.

ARTICLE IV.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, in violation of the Constitution and laws of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Represetatives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and there the Secretary for the Department

of War, duly appointed under the laws of the United States, from holding said office of Secretary for the Department of War, contrary to and in violation of the Constitution of the United States, and of the provisions of an act entitled "An act to define and punish certain conspiracies," approved July 31st 1861, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high crime in office.

ARTICLE V.That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the 21st day of February, in the year of our Lord 1868, and on divers other days and times in said year, before the 2d day of March, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, to prevent and hinder the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March 2d 1867, and in pursuance of said conspiracy did unlawfully attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, duly appointed and commissioned under the laws of the United States, from holding said office, whereby the said Andrew Johnson, Presi dent of the United States, did then and there commit and was guilty of a high misdemeanor in office.

ARTICLE VI.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of office, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, by force to seize, take, and possess the property of the United States in the Department of War, and then and there in the custody and charge of Edwin M. Stanton, Secretary for said Department, contrary to the provisions of an act entitled "An act to define and punish certain conspiracies," approved July 31, 1861, and with intent to violate and disregard an act entitled "An act regulating the tenure of certain civil offices," passed March 2d 1867, whereby said Andrew Johnson, President of the United States, did then and there commit a high crime in office.

ARTICLE VII.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, with intent unlawfully to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton, Secretary for said Department, with intent to violate and disregard the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, whereby said Andrew Johnson, President of the United States, did then and there commit a high misdemeanor in office.

ARTICLE VIII.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, with intent unlawfully to control the disbursements of the moneys appropriated for the mili

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