Grimes, Johnson, McCreery, Morgan, Morton, Norton, Nye, His Excellency ANDREW JOHNSON, President of

ject to the disposal and direction of the Presi-
dent.
EDWIN M. STANTON,
Secretary of War.
Brevet Major Gen. E. D. TOWNSEND,

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.

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 President: 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 and 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.

NAYS-Messrs. Anthony, Buckalew, Corbett, Doolittle, Edmunds, Fowler, Frelinghuysen, Henderson, Hendricks, Johnson, McCreery, Morgan, Morton, Norton, Patterson of Tennessee, Ross, Sprague, Trumbull, Van Winkle, Vickers, 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, Fre

linghuysen, Hendricks, Johnson, McCreery, Norton, Patter

son of Tennessee, Ross, Sprague, Tipton, Van Winkle, Vickers-15.

NAYS-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-Messrs. Bayard, Chandler, Davis, Dixon,
Ferry, Fessenden, Grimes, Harlan, Henderson, Howard,
bury, Sherman, Trumbull-17.
Howe, Morrill of Maine, Morrill of Vermont, Nye, Sauls-

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

Which was debated and withdrawn by him. Mr. Frelinghuysen moved to amend Mr. munds's resolution, by striking out all after Resolved," and inserting That the Senate advise and consent to the appointment of John M. Scho-Willey, Williams, Wilson, Yates-35. field to be Secretary for the Department of War, in the place of Edwin M. Stanton, who has relinquished that office.

YEAS-Messrs. Anthony, Buckalew, Cameron, Cattell, Cole, Conness, Corbett, Doolittle, Drake, Edmunds, Fowler, FreEd-linghuysen, Harlan, Henderson, Hendricks, Johnson, Morgan, Morrill of Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, Stewart, Thayer, Tipton, Trumbull, Van Winkle, Vickers,

NAYS-Messrs. McCreery, Norton-2.

NOT VOTING-Messrs. Bayard, Chandler, Conkling, Cragin, Davis, Dixon, Ferry, Fessenden, Grimes, Howard, Howe,

Morrill of Maine, Nye, Saulsbury, Sherman, Sumner, Wade

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

Mr. Henderson moved to amend the amend.-17. ment of Mr. Frelinghuysen, by striking out the words" in the place of Edwin M. Stanton, who has relinquished that office."

Which was rejected.

YEAS-Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, New Hampshire, Pomeroy, Ramsey, Sprague, Stewart, SumHarlan, Morgan, Morrill of Vermont, Morton, Patterson of ner, Thayer, Tipton, Wade, Willey, Williams, Wilson, Yates— NAYS-Buckalew, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Trumbull, Van Winkle, Vickers-13.

Mr. Stewart moved to amend Mr. Frelinghuysen's amendment, by striking out all after 28. '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

Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maine,
NOT VOTING-Messrs. Bayard, Chandler, Davis, Dixon,
Nye, Saulsbury, Sherman-13.

XXIV.

THE ARTICLES OF IMPEACHMENT AND REPLY,
VOTES IN THE HOUSE, AND JUDGMENT OF THE SENATE.

Proposed Impeachment of President Johnson.*
1867, November 25—Mr. Boutwell, from the
Committee on the Judiciary, submitted a report,
representing the views of the majority, (Messrs.
Boutwell, Thomas, Williams, Lawrence, and
Churchill,) and closing with this resolution:

*Continued from page 64 of the Manual of 1867, or page 190 of the combined Manuals. [No report was made at the July session.]

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

Mr. Wilson, for himself and Mr. Woodbridge, and Mr. Marshall, for himself and Mr. Eldridge, submitted minority reports.

December 7-The resolution above recited was disagreed to-yeas 57, nays 108, as follow:

YEAS-Messrs. Anderson, Arnell, J. M. Ashley, Boutwell, Bromwell, Broomall, Benjamin F. Butler, Churchill, Reader

You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, 1868, February 21-The Speaker, by unani- who has this day been authorized and empow mous consent, laid before the House the follow-ered to act as Secretary of War ad interim, all

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

That, in addition to the papers referred to the committee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas, directing and authorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and papers, and other public property in the War Department, of which the following is a copy:

EXECUTIVE MANSION,

WASHINGTON, February 21, 1868. SIR: Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. Mr. Stanton has been instructed to transfer to you all the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, ANDREW JOHNSON. To Brev. Maj. Gen. LORENZO THOMAS,

Adjutant General U.S. A., Washington, D. C.
Official copy respectfully furnished to Hon.
Edwin M. Stanton.
L. THOMAS,

Secretary of War ad interim.

Upon the evidence collected by the committee, which is herewith presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. They therefore recommend to the House the adoption of the accompanying resolution.

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 adoptedyeas 128, nays 47, as follow:

Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotch-
kiss, Richard D. Hubbard, Humphrey, Johnson, Jones, Kerr,
Knott, Marshall, McCormick, McCullough, Morgan, Morrissey,
Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross,
Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van
Auken, Van Trump, Wood, Woodward-47.

NOT VOTING-Messrs. Benjamin, Dixon, Donnelly, Ela,
Finney, Garfield, Hawkins, Maynard, Pomeroy, Robinson,
Shellabarger, John Trimble, Robert T. Van Horn, Henry D.
Washburn, William Williams-15.

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, 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:

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.

The President of the Senate pro tempore replied that the Senate would take order in the premises, and the committee withdrew.

Same day-The committee reported to the House the response received at the bar of the

Senate.

Articles of Impeachment and Votes thereon, the Answer of President Johnson, the Replication of the House, the Progress of the Trial, and the Judgment of the Senate.

FORTIETH CONGRESS, SECOND SESSION, IN 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.

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, Reader 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, Mercur, Miller, Moore, Moor- ARTICLE I. That the said Andrew Johnson, head, Morrell, Mullins, Myers, Newcomb Nunn, O'Neill, President of the United States, on the 21st day of Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, February, in the year of our Lord 1868, at WashSelye, Shanks, Smith, Spalding, Starkweather, Aaron 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 Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Ellihu B.Wash office, and of the requirements of the Constitu burne, 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 viodom, Woodbridge, Mr. Speaker Colfax-128. NAYS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, | lation of the Constitution and laws of the United

an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixty-seven, 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 in sub stance as follows, that is to say:

EXECUTIVE MANSION,

WASHINGTON, D. C., February 21, 1868. SIR: The Hon. Edwin M. Stanton having been this day removed from office as Secretary for the Department of War,

Mr. Stanton has been instructed to transfer to you all

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. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as such Secretary, and said Andrew Johnson, President of the United States, on the 12th day of August, in the year of our Lord 1867, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, that is to say, on the 12th day of December, in the year last aforesaid, having reported to said Senate such suspension with the evidence and reasons for his 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, 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 Andrew Johnson for said suspension, and having refused to concur in said suspension, whereby and by force of the provisions of an act entitled "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 to hold said office of Secretary for the Depart ment of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say:

EXECUTIVE MANSION,

WASHINGTON, D. C., February 21, 1868. SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will

terminate upon receipt of this communication.

You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, 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 your custody and charge. Respectfully, yours,

ANDREW JOHNSON.

To the Hon. EDWIN M. STANTON, Washington, D. C. 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 from 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

you are hereby authorized and empowered to act as Secre
tary of War ad interim, and will immediately enter upon
the discharge of the duties pertaining to that office.
the records, books, papers, and other public property now
in his custody and charge. Respectfully, yours,
To Brevet Major General LORENZO THOMAS,

ANDREW JOHNSON.

Adjutant General U. S. Army, Washington, D. C.

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 of February, in the year of our Lord 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 Thomas, is in substance as follows, that is to say:

To Brevet Major Gen. LORENZO THOMAS,

Adjutant General U. S. Army, Washington, D. C. 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 Representatives 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 Depart