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has removed Edwin M. Stanton from the office of lins, Fragin, Drake, Ferry, Harlan, Morrill of Maine, Mor

YEA8—Messrs. Anthony, Cameron, Cattell, Cole, Coņk. Secretary of War.

Mr. Drake moved to amend the amendment of Pomeroy, Ramsey, Ross, Sprague, Stewart, Sumner, Thayer, Mr. Dixon, by inserting a preamble, as follows: Tipton, Irumbull

, Van Winkle, Wade, Willey, Williams, The Senate having received and considered the Wilson, Yates—28.

NAYS-Messrs. Buckalew, Davis, Doolittle, Edmunds, communication of the President of the United Hendricks, Patterson of Tennessee—6. States, stating that he had removed Edwin M. Not VOTING.-Messrs. Bayard, Chandler, Conness, CorStanton from the office of Secretary of War, it is. Henderson, 'Howard, Howe, Johnson, McCreery, Morgan,

bett, Dixon, Fessenden, Fowler, Frelinghuysen, Grimes: Which was disagreed to.

Norton, Nye, Saulsbury, Sherman, Vickers-20. The amendment of Mr. Dixon was disagreed

The resolution, as amended, was then agreed to-yeas 4, nays 33, as follow :

to without a division. YEAS-Messrs. Buckalew, Dixon, Doolittle, Hendricks—4.

NAYS-Messrs. Anthony, Čanieron, Cattell, Chandler, Cookling, Conness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Henderson, Howard, Howe,

Acceptance of General Lorenzo Thomas.

1 Morrill of Maine, Morrill of Verinout, Patterson of New

WAR DEPARTMENT,
Hampshire, Pomeroy, Ramsey, Sprague, Stewart, Sumner,
Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams,

ADJUTANT GENERAL'S OFFICE, Wilson, Yates-33.

WASHINGTON, February 21, 1868. Not 'VOTING— Messrs. Bayard, Cole, Davis, Fowler, Grimes, Johnson, McCreery, Morgan, Morton, Norton, Nye, His Excellency ANDREW Johnson, President of Patterson of Tennessee, Ross, Saulsbury, Sherman, Vickers, the United States. Wade 17. Mr. Chandler moved to amend the resolution delivered the communication addrossed by you

SIR: I have the honor to report that I have of Mr. Edmunds, by adding thereto the words; to the honorable Edwin M. Stanton, removing as a violation of the rights of the Senate, and him from the office of Secretary of the War Deunauthorized by law. Which was disagreed to.

partment, and also to acknowledge the receipt Mr. Wilson moved to amend the resolution,

of your letter of this date authorizing and eminserting a preamble, as follows: Whereas the powering me to act as Secretary of War ad inSenate have received and considered the communi- for the confidence reposed in me, and will en

terim. I accept this appointment with gratitude cation of the President of the United States, stat- deavor to discharge the duties to the best of my ing that he had removed Edwin M. Stanton, Secretary of War, and had designated the Adju

ability.

I have the honor to be, sir, your obedient sertant General of the Army to act as Secretary of

vant, War ad interim; and by striking out all after

L. THOMAS, Adjutant General. the word " Resolved,” and inserting, as follows: by the Senate of the United States that, under the Secretary Stanton "Relinquished Charge ” of Constitution and laws of the United States, the

the War Department. President has no power

remove the Secretary of War and designate any other officer to per the War Oʻfice till after the vote in the Senate,

Secretary Stanton remained in possession of form the duties of that office ad interim.

Mr. Yates moved to amend the amendment of sitting as a court of impeachment, on the 26th Mr. Wilson, by striking out all after the word of May, on which day he addressed this com

Resolved,” and inserting, as follows: That the munication to President Johnson : removal of Edwin M. Stanton, Secretary of War,

WAR DEPARTMENT, and the appointment of a Secretary of War ad

WASHINGTON City, May 26, 1868. interim, during the session of the Senate, is simple

SIR: The resolution of the Senate of the resistance law and revolutionary in character, United States, of the 21st of February last, deand that the Senate disapproves of the same, and claring that the President “has no power to readvises the said Edwin M. Stanton, Secretary of War, not. to surrender the office to any person other officer to perform the duties of that office

move the Secretary of War and designate any whomsoever.

ad interim," having this day failed to be supWhich was disagreed to. Mr. Corbett moved to amend the amendment and voting on the articles of impeachment pre

ported by two-thirds of the Senators present of Mr. Wilson, by striking out all after the word ferred against you by the House of Representa"Whereas” in the preamble, and inserting the tives, I have relinquished charge of the War words: The President has informed the Senate that he has removed the Secretary of War, Hon. Department, and have left the same, and the E. M. Stanton, and appointed Adjutant General in my custody as Secretary of War, in care of

and property, heretofore Thomas to act as Secretary of War ad interim, Brevet Major General Townsend, the senior therefore be it; and by striking out all after the Assistant Adjutant General, subject to your diword “Resolved,” and inserting in lieu thereof

rection.

EDWIN M. STANTON, the words: That we do not concur in the action

Secretary of War. of the President in removing the Secretary of

To the PRESIDENT of the United States. War and appointing the Adjutant General to act as Secretary of War ad interim; that we deny

Secretary Stanton's order to Gen. Townsend the right of the President so to act, under the is as follows:

WAR DEPARTMENT, isting laws, without the consent of the Senate. Which was disagreed to.

WASHINGTON CITY, May 26, 1868. The amendment of Mr. Wilson to the resolu GENERAL: You will take charge of the War tion of Mr. Edmunds was then agreed to--yras Department, and the books and papers, archives 28, nays 6, as follow:

and public property, belonging to the same, sub

ex

ers-15.

ject to the disposal and direction of the Presi- 1 of the illegal and unconstitutional acts of the dent.

EDWIN M. STANTON, President of the United States.

Secretary of War. Which was rejected-yeas 19, nays 21, as Brevet Major Gen. E. D. TOWNSEND,

follow : Assistant Adjutant General. YEAS—Messrs. Cameron, Cattell, Cole, Conkling, Conness,

Cragin, Drake, Morrill of Vermont, Patterson of New Hamp

shire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Action of the Senate upon the Nomination of Wade, Williams, Wilson, Yates--19. General Schofield.

Nays—Messrs. Anthony, Buckalew, Corbett, Doolittle, Ed.

munds, Fowler, Frelinghuysen, Henderson, Hendricks, John1868, May 29—Mr. Edmunds offered the fol- son, McCreery, Morgan, Morton, Norton, Patterson of Tenlowing preamble and resolution :

nessee, Ross, Sprague, Trumbull, Van Winkle, Vickers,

Willey-21. Whereas, on the 23d of April, 1868, the Presi.

NOT VOTING—Messrs. Bayard, Chandler, Davis, Dixon, dent nominated John M. Schofield to be Secretary Ferry, Fessenden, Grimes, Harlan, Howard, Howe, Morrill of War, in place of Edwin M. Stanton, removed"; of Maine, Nye, Saulsbury, Sherman–14. and whereas, in the opinion of the Senate, the said

The amendinent of Mr. Frelinghuysen was Stanton has not been legally removed from his then rejected—yeas 15, nays 22, as follow: office, but inasmuch as the said Stanton has relin YEAs-Messrs. Buckalew, Corbett, Doolittle, Fowler, Frequished his place as Secretary of War, for causes linghuysen, Hendricks, Johnson, McCreery, Norton, Patter. stated in his note to the President: Therefore

son of Tenuessee, Ross, Sprague, Tipton, Van Winkle, VickResolved, That the Senate advise and consent NATS—Anthony, Cameron, Cattell, Cole, Conkling, Con. to the appointment of John M. Schofield to be ness, Cragin, Drake, Edmunds, Morgan, Morton, Patterson

of New Hampshire, Pomeroy, Ramsey, Stewart, Sumyer, Secretary of War.

Thayer, Wade, Willey, Williams, Wilson, Yates-22. Mr. Willey moved to amend Mr. Edmunds's Nor VOTING-Messrs. Bayard, Chandler, Davis, Dixon, resolution, by striking out all after "Resolved," Ferry, Fessenden, Grimes, Harlan, Henderson, Howard, and inserting That the Senate advise and consent Huwe, Morrill of Maine, Morrill of Vermont, Nye, Sauls

bury, Sherman, Trumbull-17. to the appointment of John M. Schofield to be

The resolution offered by Mr. Edmunds was Secretary for the Department of War, in the then agreed to-yeas 35, nays 2. as follow : place of Edwin M. Stanton, hereby removed. Which was debated and withdrawn by him.

YEAS—Messrs. Anthony, Buckalew, Cameron, Cattell, Coler

Conness, Corbett, Doolittle, Drake, Edmunds, Fowler, FreMr. Frelinghuysen moved to amend Mr. Ed linghuysen, Harlan, Henderson, Hendricks, Johnson, Morgan, munds's resolution, by striking out all after "Re. Morrill of Vermont, Morton, Patterson of New Hampshire, solved,” and inserting That the Senote advise Stewart, Thayer, Tipton, Trumbull, Van Winkle, Vickers, and consent to the appointment of John M. Scho- Willey, Williams, Wilson, Yates 35. field to be Secretary for the Department of War,

Nor VOTING-Messrs. Bayard, Chandler, Conkling, Cragin, in the place of Edwin M. Stanton, who has re

Davis, Dixon, Ferry, Fessenden, Grimes, Howard, Howe, linquished that office.

Morrill of Maine, Nye, Saulsbury, Sherman, Sumper, Wade Mr. Henderson moved to amend the amend. –17. ment of Mr. Frelinghuysen, by striking out the The preamble was then agreed to-yeas 28, words " in the place of Edwin M. Stanton, who nays 13, as follow : has relinquished that office.”

YEA8—Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Which was rejected.

Conness, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, Mr. Stewart moved to amend Mr. Freling. New Hampshire, Pomeroy, Ramsey, Sprague, Stewart, Sum

Harlan, Morgan, Morrill of Vermont, Morton, Patterson of huysen's amendment, by striking out all after ner, Thayer, Tipton, Wade, Willey, Williams, Wilson, YatesResolved," and inserting That the Senate advise

NaysBuckalew, Doolittle, Fowler, Henderson, Hendricks, and consent to the appointment of John M. Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Schofield as Secretary of War, in place of Edwin Trumbull, Van Winkle, Vickers-13. M. Štanton, who has been forced to retire from Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maiae,

Nor VOTING-Messrs. Bayard, Chandler, Davis, Dixon, the discharge of the duties of said office by reason Nye, Saulsbury, Sherman–13.

66

28.

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THE ARTICLES OF IMPEACHMENT AND REPLY,

VOTES IN THE HOUSE, AND JUDGMENT OF THE SENATE.

Proposed Impeachment of President Johnson.* Resolved, That Andrew Johnson, President of

1867, November 25—Mr. Boutwell, from the the United States, be impeached for high crimes Committee on the Judiciary, submitted a report, and misdemeanors. representing the views of the majority, (Messrs. Mr. Wilson, for himself and Mr. Woodbridge, Boutwell, Thomas, Williams, Lawrence, and and Mr. Marshall, for himself and Mr. ElChurchill,) and closing with this resolution: dridge, submitted minority reports.

December 7-The resolution above recited was * Continued from page 64 of the Manual of 1867, or page

disagreed to-yeas 57, nays 108, as follow: 190 of the combined Manuals. [No report was made at the Yeas-Messrs. Anderson, Arnell, J. M. Ashley, Boutwell, July session.]

. Bromwell, Broomall, Benjamin F. Butler, Churchill, Reader

W. Clarke, Sidney Clarke, Cobb, Coburn, Covode, Cullom,

EXECUTIVE MANSION, Donnelly, Eckley, Ela, Farnsworth,Gravely, Harding, Higby, Hopkins, Hunter, Judd, Julian, Kelley, Kelsey, William

WASHINGTON, D.C., February 21, 1868. Lawrence, Loan, Logan, Loughridge, Lynch, Maynard, SIR: By virtue of the power and authority Orth, Paine, Pile, Price, Schenck, Shanks, Aaron F. Stevens, and laws of the United States you are hereby ficClurg, Mercur, Mullins, Myers, Newcomb, Nunn, O'Neill, vested in me as President by the Constitution bridge, Robert T. Van Horn, Ward, Thomas Williams, Wil- removed from office as Secretary for the Depart: liam Williams, Stephen F. Wilson-57. NAYS—Messrs. Adams, Allison, Ames, Archer, Delos terminate upon the receipt of this communica

ment of War, and your functions as such will Beaman, Beck, 'Benjamin,

Benton, Bingham, Blaine, Boyer, tion. Brooks, Buckland, Burr, Cary, Chanler, Cook, Dawes, Dixon, You will transfer to Brevet Major General Dodge, Driggs, Eggleston, Eldridge, Eliot, Ferriss, Ferry: Lorenzo Thomas, Adjutant General of the Army, ver, Haight, Halsey, Hamilton, Hawkins, Hill, Holman, who has this day been authorized and empowHooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, ered to act as Secretary of War ad interim, all son, Jones, Kerr, Ketcham, Knott

, Koontz, Latin, George v. records, books, papers, and other public property Lawrence, Lincoln, Marshall, Marvin, McCarthy, McCul. now in your custody and charge. lough, Miller, Moorhead, Morgan, Mungen, Niblack, Nichol

Respectfully, yours, son, Perham, Peters, Phelps, Pike, Plants, Poland, Polsley,

ÅNDREW JOHNSON. Pruyn, Randall, Robertson, Robinson, Ross, Sawyer, Sitgreaves, Smith, Spalding, Starkweather, Stewart, stone, Ta To the Hon. EDWIN M. STANTON, ber, Taylor, Upson, Van Aernam, Van Auken, Van Trump,

Washington, D. C.
Van Wyck. Cadwalader C. Washburn, Ellihu B. Washburne,
Henry D. Washburn, William B. Washburn, Welker, James

Which was referred to the Committee on ReF. Wilson, John T. Wilson, Woodbridge, Woodward-108. construction, with authority to report at any RESOLUTION OF INQUIRY.

time, together with a resolution offered by Mr. 1868, January 27—Mr. Spalding moved a Covode, as follows: suspension of the rules, to allow him to offer this Resolved, That Andrew Johnson, President of resolution:

the United States, be impeached of high crimes Resolved, That the Committee on Reconstruc- and misdemeanors. tion be authorized to inquire what combinations

REPORT OF COMMITTEE. have been made or attempted to be made to obstruct the due execution of the laws, and to that from the Committee on Reconstruction, made the

1868, February 22-Mr. Thaddeus Stevens, end the committee bave power to send for per- following report: sons and papers, and to examine witnesses on

The Committee on Reconstruction, to whom oath, and report to this House what action, if was referred, on the 27th day of January last, any, they may deem necessary, and that said the following resolution : committee have leave to report at any time. Which was agreed to-yeas 103, nays 37, and thorized to inquire what combinations have been made or

Resolved, That the Committee on Reconstruction be anthe resolution was adopted-yeas 99, nays 31. attempted to be made to obstruct the due execution of the OTHER MATTERS REFERRED.

laws; and to that end the committee have power to send

for persons and papers and to examine witnesses on oathi, February 10—The evidence taken on Impeach- and report to this House what action, if any, they may deem ment by the Committee on the Judiciary was, on

necessary, and that said committee have leave to report at motion of Mr. Thaddeus Stevens, referred to

any time; the Committee on Reconstruction, and the com

And to whom was also referred, on the 21st mittee was given leave to report at

day of

February, instant, a communication from time.

any February 11—The correspondence between Hon. Edwin M. Stanton, Secretary of War, dated General Grant and President Johnson, relating

on said 21st day of February, together with a to the retirement of the former from the War copy of a letter from Andrew Johnson, President Office, was also referred to the Committee on

of the United States, to the said Edwin M. StanReconstruction.

ton, as follows: February 13-The Committee on Reconstruction

EXECUTIVE MANSION, are reported to have voted down resolutions of

WASHINGTON, D.C., February 21, 1868. impeachment offered by Mr. Thaddeus Stevens.

SIR: By virtue of the power and authority The vote on a motion to lay them on the vested in me as President by the Constitution table was, yeas 6, nays 3, as follow:

and laws of the United States you are hereby YEAS–Messrs

. Beaman, Beck, Bingham, Brooks, Hul- removed from office as Secretary for the Departburd, Paine-6.

ment of War, and your functions as such will Nays-Messrs. Boutwell, Farnsworth, T. Stevens-3. terminate upon the receipt of this communica

tion. The Final Effort at Impeachment.

You will transfer to Brevet Major General IN HOUSE.

Lorenzo Thomas, Adjutant General of the Army, 1868, February 21—The Speaker, by unani- who has this day been authorized and empowmous consent, laid before the House'the follow- ered to act as Secretary of War ad interim, all ing communication from the Secretary of War:

records, books, papers, and other public property

now in your custody and charge. WAR DEPARTMENT, Respectfully, yours, ANDREW JOHNSON. WASHINGTON City, February 21, 1868. To the Hon. EDWIN M. STANTON, SIR : General Thomas has just delivered to me

Washington, D. C. a copy of the enclosed order, which you will please communicate to the House of Represent- of Representatives the following resolution,

And to whom was also referred by the House atives.

E. M. STANTON,
Secretary of War.

namely : Hon. SCHUYLER COLFAX,

Resolved, That Andrew Johnson, President of the

United States, be impeached of high crimes and misde. Speaker House of Representatives.

meanors:

Have considered the several subjects referred | Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, to them, and submit the following report;

Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotch

kiss, Richard D. Hubbard, Humphrey, Johnson, Jones, Kerr, That, in addition to the papers referred to the Knott, Marshall, McCormick, McCullough, Morgan, Morrissey, committee, the committee find that the President, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, on the 21st day of February, 1868, signed and Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van

Auken, Van Trump, Wood, Woodward47. issued a commission or letter of authority to one Nor VOTING—Messrs. Benjamin, Dixon, Donnelly, Ela, Lorenzo Thomas, directing and authorizing said Finney, Garfield, Hawkins, Maynard, Pomeroy, Robinson, Thomas to act as Secretary of War ad interim, Shellabarger, John Trimble, Robert T. Van Horn, Hedry D. and to take possession of the books, records, and papers , and other public property in the War Stevens, the appointment of a committee of two

Same day - On motion of Mr. Thaddeus Department, of which the following is a copy:

to notify the Senate, and of a committee of EXECUTIVE MANSION,

seven to prepare and report Articles of ImpeachWASHINGTON, February 21, 1868.

ment against Andrew Johnson, President of the SIR: Hon. Edwin M. Stanton having been United States, was ordered, with power to send this day removed from office as Secretary for the for persons, papers, and records, and to take Department of War, you are hereby authorized testimony under oath. and empowered to act as Secretary of War ad Which was agreed to-yeas 124, nays 42. interim, and will immediately, enter upon the The Speaker appointed Messrs. "Thaddeus discharge of the duties pertaining to that office. Stevens and John A. Bingham on the former, Mr. Stanton has been instructed to transfer to and Messrs. Boutwell, Thaddeus Stevens, Bing. you all the records, books, papers, and other ham, James F. Wilson, Logan, Julian, and Ward, public property now in his custody and charge. on the latter. Respectfully, yours, ANDREW JOHNSON.

February 25—Mr. Thaddeus Stevens and Mr. To Brev. Maj. Gen. LORENZO THOMAS,

John A. Bingham appeared at the bar of the Adjutant Ġeneral U. S. A., Washington, D.O. Senate and delivered the following message :

Official copy respectfully furnished to Hon. Mr. PRESIDENT: By order of the House of Edwin M. Stanton.

L. THOMAS, Representatives, we appear at the bar of the Secrotary of War ad interim. Senate, and in the name of the House of RepUpon the evidence collected by the committee, resentatives, and of all the people of the United which is herewith presented, and in virtue of States, we do impeach Andrew Johnson, Presithe

powers with which they have been invested dent of the United States, of high crimes and by the House, they are of the opinion that An- misdemeanors in office; and we do further indrew Johnson, President of the United States, form the Senate that the House of Representabe impeached of high crimes and misdemeanors. tives will in due time exhibit particular articles They therefore recommend to the House the of impeachment against him, and make good adoption of the accompanying resolution.

the same; and in their name we DO DEMAND THADDEUS STEVENS,

that the Senate take order for the appearance GEORGE S. BOUTWELL,

of the said Andrew Johnson to answer to said JOHN A. BINGHAM, impeachment. C. T. HULBURD,

The President of the Senate pro tempore reJOHN F. FARNSWORTE, plied that the Senate would take order in the F. C. BEAMAN,

premises, and the committee withdrew. H. E. PAINE.

Same day—The committee reported to the

House the Resolution providing for the impeachment of

response

received at the bar of the

Senate. Andrew Johnson, President of the United States. Resolved, That Andrew Johnson, President of Articles of Impeachment and Votes thereon,

the Answer of President Johnson, the Replithe United States, be impeached of high crimes

cation of the House, the Progress of the and misdemeanors in office.

Trial, and the Judgment of the Senate. February 24—This resolution was adoptedyeas 128, nays 47, as follow :

FORTIETH CONGRESS, SECOND SESSION,

IN THE HOUSE OF REPRESENTATIVES U. S., YEAS- Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks,

March 2, 1868. Beaman, Beatty, Benton, Bingham, Blaine, Blair, Bontwell, Articles exhibited by the House of Representatives Bromwell, Brooma!!, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cor of the United States, in the name of themselves nell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggles and all the people of the United States, against ton. Eliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Griswold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Asahel

Andrew Johnson, President of the United W. Habbard, Chester D. Hubbard, Ilulburd, Hunter, Inger States, in maintenance and support of their imsoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, peachment against him for high crimes and Kitchen, Koontz, Laflin, George V. Lawrence, William Law

misdemeanors in office. rence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McClurg, Mercur, Miller, Moore, Moor ARTICLE I.—That the said Andrew Johnson, head, Mor roll. Mullins, Myers, Newcomb Nunn, O'Neill

, President of the United States, on the 21st day of Polsloy, Price, Raum, Robertson, Sawyer, Schenck, Scofield February, in the year of our Lord 1868, at WashSelye, Shauks, Smith, Spalding, Stark weather, Auron F. ington, in the District of Columbia, unmindful Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, of the high duties of his office, of his oath of Van Wyck, Ward, Cadwalader C. Washburn, Ellihu B.Wash office, and of the requirements of the Constiturburne, William B. Washburn, Welker, Thomas Williams, tion that he should take care that the laws be James F. Wilson, John T. Wilson, Stephen F. Wilson, Win- faithfully executed, did unlawfully, and in vio, NÁrs_Messrs. Adams, Archer, Axtell, Barnes, Barnum, lation of the Constitution and laws of the United

06

States, issue an order in writing for the removal office, and in violation of the Constitution of the of Edwin M. Stanton from the office of Secretary United States, and contrary to the provisions of for the Department of War, said Edwin M. an act entitled An act regulating the tenure Stanton having been theretofore duly appointed of certain civil offices,” passed March 2, eighteen and commissioned, by and with the advice and hundred and sixty-seven, without the advice consent of the Senate of the United States, as and consent of the Senate of the United States, such Secretary, and said Andrew Johnson, said Senate then and there being in session, and President of the United States, on the 12th day of without authority of law, did, with intent to August, in the year of our Lord. 1867, and during violate the Constitution of the United States, the recess of said Senate, having suspended by and the act aforesaid, issue and deliver to one his order Edwin M. Stanton from said office, and Lorenzo Thomas a letter of authority in sub. within twenty days after the first day of the stance as follows, that is to say: next meeting of said Senate, that is to say, on

EXECUTIVE MANSION, the 12th day of December, in the year last afore

WASHINGTON, D. C., February 21, 1868.

SIR: The Hon. Edwin M. Stanton having been this day said, having reported to said Senate such sus

removed from office as Secretary for the Department of War, pension with the evidence and reasons for his you are hereby authorized and empowered to act as Secreaction in the case and the name of the person tary of War ad interim, and will immediately enter upon designated to perform the duties of such office the discharge of the duties pertaining to that office.

Mr. Stanton has been instructed to transfer to you all temporarily until the next meeting of the Senate, the records, books, papers, and other publio property now and said Senate thereafterwards on the 13th day in his custody and charge. Respectfully, yours,

ANDREW JOHNSON. of January, in the year of our Lord 1868, having

To Brevet Major General LORENZO THOMAS, duly considered the evidence and reasons re Adjutant General U. S. Army, Washington, D. C. ported by said Andrew Johnson for said suspen. Then and there being no vacancy in said office sion, and having refused to concur in said suspen- of Secretary for the Department of War, whereby sion, whereby and by force of the provisions of said Andrew Johnson, President of the United an act entitled "An act regulating the tenure of States, did then and there commit and was certain civil offices,” passed March 2, 1867, said guilty of a high misdemeanor in office. Edwin M. Stanton did forth with resume the func ARTICLE III.-That said Andrew Johnson, tions of his office, whereof the said Andrew President:of the United States, on the 21st day Johnson had then and there due notice, and said of February, in the year of our Lord 1868, at Edwin M, Stanton, by reason of the premises, on Washington, in the District of Columbia, did said 21st day of February, being lawfully entitled commit and was guilty of a high misdemeanor to hold said office of Secretary for the Depart; in office, in this, that, without authority of law, ment of War, which said order for the removal while the Senate of the United States was then of said Edwin M. Stanton is in substance as and there in session, he did appoint one Lorenzo follows, that is to say:

Thomas to be Secretary for the Department of EXECUTIVE MANSION,

War ad interim, without the advice and consent WASHINGTON, D. C., February 21, 1868. SIR: By virtue of the power and authority vested in me

of the Senate, and with intent to violate the as President by the Constitution and laws of the United Constitution of the United States, no vacancy States you are hereby removed from office as Secretary for having happened in said office of Secretary for the Department of War, and your funçtions as such will the Department of War during the recess of the

You will transfer to Brevet Major General Lorenzo Senate, and no vacancy existing in said office Thomas, Adjutant General of the Army, who has this day at the time, and which said appointment so made ad interim, all records, books, papers, and other public by said Andrew Johnson, of said Lorenzo Thomas, property now in your custody and charge.

is in substance as follows, that is to say : Respectfully, yours, To the Hon. EDWIN M. STANTON, Washington, D. C.

EXECUTIVE MANSION,

WASHINGTON, D.C., February 21, 1868. Which order was unlawfully issued with intent SIR: The Hon. Edwin M. Stanton having been this day then and there to violate the act entitled An removed from office as Secretary for the Department of War, act regulating the tenure of certain civil offices," you are hereby anthorized and empowered to act as Secre passed March 2, 1867, and with the further intent, the discharge of the duties pertaining to that office. contrary to the provisions of said act, in violation Mr. Stanton has been instructed to transfer to you all thereof, and contrary to the provisions of the Con- the records, books, papers, and other public property now in

his custody and charge. Respectfully, yours, stitution of the United States, and without the

ANDREW JOHNSON. advice and consent of the Senate of the United To Brevet Major Gen. LORENZO TAOMAS,

Adjutant General U.S. Army, Washington, D. C. States, the said Senate then and there being in session, to remove said Edwin M. Stanton from ARTICLE IV.-That said Andrew Johnson, the office of Secretary for the Department of President of the United States, unmindful of War, the said Edwin M. Stanton being then and the high duties of his office and of his oath of there Secretary for the Department of War, and office, in violation of the Constitution and laws being then and there in the due and lawful exe of the United States, on the 21st day of Feb. cution and discharge of the duties of said office, ruary, in the year of our Lord 1868, at Washwhereby said Andrew Johnson, President of the ington, in the District of Columbia, did unlaw. United States, did then and there commit, and fully conspire with one Lorenzo Thomas, and was guilty of a high misdemeanor in office. with other persons to the House of Represent

ARTICLE II.- That on the said 21st day of atives unknown, with intent, by intimidation February, in the year of our Lord one thousand and threats, unlawfully to hinder and prevent eight hundred and sixty-eight, at Washington, Edwin M. Stanton, then and there the Secretary in the District of Columbia, said Andrew John- for the Department of War, duly appointed son, President of the United States, unmindful, under the laws of the United States, from of the high duties of his office, of his oath of 'holding said office of Secretary for the Depart.

ANDREW JOHNSON.

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