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ment 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 31, 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 2, 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, President 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 2, 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 vioate 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 disburse

ments of the moneys appropriated for the military service and for the Department of War, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and in violation of the Constitution of the United States, and without the advice and consent of the Senate of the United States, and while the Senate was then and there in session, there being no vacancy in the office of Secretary for the Department of War, and with intent to violate and disregard the act aforesaid, then and there issue and deliver to one Lorenzo Thomas a letter of authority in writing, in substance as follows, that is to say:

EXECUTIVE MANSION,

WASHINGTON, D. C., February 21, 1868. removed from office as Secretary for the Department of War, SIR: The Hon. Edwin M. Stanton having been this day 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. the records, books, papers, and other public property now in his custody and charge. Respectfully, yours,

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Mr. Stanton has been instructed to transfer to you all

ANDREW JOHNSON.

To Brevet Major Gen. LORENZO THOMAS,

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

Whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.

ARTICLE IX.-That said Andrew Johnson, President of the United States, on the 22d day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, in disregard of the Constitution and the laws of the United States duly enacted, as commander-in-chief of the army of the United States, did bring before himself then and there William H. Emory, a major general by brevet in the army of the United States, actually in command of the department of Washington and the military forces thereof, and did then and there, as such commander-inchief, declare to and instruct said Emory that part of a law of the United States, passed March 2, 1867, entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes,' especially the second section thereof, which provide, among other things, that, 'all orders and instructions relating to military operations issued by the President or Secretary of War shall be issued through the General of the army, and in case of his inability through the next in rank" was unconstitutional, and in contravention of the commission of said Emory, and which said provision of law had been theretofore duly and legally promulgated by General Order for the government and direction of the army of the United States, as the said Andrew Johnson then and there_well knew, with intent thereby to induce said Emory in his official capacity as commander of the department of Washington, to violate the provisions of said act, and to take and receive, act upon, and obey such orders as he, the said Andrew Johnson, might make and give, and which should not be issued through the General of the army of the United States, according to the provisions of said act, and with the further intent thereby to enable him, the said Andrew Johnson, to prevent the

execution of the act entitled "An act regulating the multitudes then assembled and in hearing, the tenure of certain civil offices," passed March which are set forth in the several specifications 2, 1867, and to unlawfully prevent Edwin M. hereinafter written, in substance and effect, that Stanton, then being Secretary for the Depart- is to say: ment of War, from holding said office and discharging the duties thereof, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.

And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation, or impeachment against the said Andrew Johnson, President of the United States, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same, and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them, as the case shall require, DO DEMAND that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.

Attest:

SCHUYLER COLFAX,

SPECIFICATION FIRST.-In this, that at Washington, in the District of Columbia, in the Executive Mansion, to a committee of citizens who called upon the President of the United States, speaking of and concerning the Congress of the United States, said Andrew Johnson, President of the United States, heretofore, to wit, on the 18th day of August, in the year of our Lord 1866, did, in a loud voice, declare in substance and effect, among other things, that is to say:

"So far as the executive department of the government to heal the breach, to pour oil into the wounds which were

is concerned, the effort has been made to restore the Union, consequent upon the struggle, and (to speak in common phrase) to prepare as the learned and wise physician would, a plaster healing in character and coextensive with the succeeded; but as the work progresses, as reconstruction wound. We thought, and we think, that we had partially seemed to be taking place, and the country was becoming reunited, we found a disturbing and marring element opposthan your convention and the distinguished gentleman who ing us. In alluding to that element, I shall go no further has delivered to me the report of its proceedings. I shall make no reference to it that I do not believe the time and the occasion justify.

"We have witnessed in one department of the Government every endeavor to prevent the restoration of peace,

Speaker of the House of Representatives. harmony, and Union. We have seen hanging upon the

EDWARD MCPHERSON,

Clerk of the House of Representatives.

IN THE HOUSE OF REPRESENTATIVES U. S. March 3, 1868. articles of impeach

The following additional ment were agreed to, viz: ARTICLE X.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt and reproach the Congress of the United States, and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, (which all officers of the Government ought inviolably to preserve and maintain,) and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly, and before divers assemblages of the citizens of the United States convened in divers parts thereof to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did, on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as afterward, make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter of

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verge of the Government, as it were, a body called, or which
assumes to be, the Congress of the United States, while in
fact it is a Congress of only a part of the States. We have
seen this Congress pretend to be for the Union, when its
every step and act tended to perpetuate disunion and make
a disruption of the States inevitable. *
We have
seen Congress gradually encroach step by step upon consti-
tutional rights, and violate, day after day and month after
month, fundamental principles of the government. We
have seen a Congress that seemed to forget that there was
a limit to the sphere and scope of legislation. We have
seen a Congress in a minority assume to exercise power
which, allowed to be consummated, would result in despot
ism or monarchy itself."

SPECIFICATION SECOND.-In this, that at Cleveland, in the State of Ohio, heretofore, to wit, on the 3d day of September, in the year of our Lord 1866, before a public assemblage of citizens and others, said Andrew Johnson, President of the United States, speaking of and concerning the Congress of the United States, did, in a loud voice, declare, in substance and effect, among other things, that is to say:

"I will tell you what I did do. I called upon your Con

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"In conclusion, beside that, Congress had taken much

gress, that is trying to break up the government.
pains to poison their constituents against him. But what
had Congress done? Have they done anything to restore
the union of these States? No; on the contrary, they had
done everything to prevent it; and because he stood now
where he did when the rebellion commenced, he had been
denounced as a traitor. Who had run greater risks or made
greater sacrifices than himself? But Congress, factions and
domineering, had undertaken to poison the minds of the
American people."

SPECIFICATION THIRD.-In this, that at St. Louis, in the State of Missouri, heretofore, to wit, on the 8th day of September, in the year of of our Lord 1866, before a public assemblage of citizens and others, said Andrew Johnson, President of the United States, speaking of and concerning the Congress of the United States, did, in a loud voice, declare, in substance and effect, among other things, that is to say:

"Go on. Perhaps if you had a word or two on the subject of New Orleans you might understand more about it than you do. And if you will go back-if you will go back and ascertain the cause of the riot at New Orleans perhaps you will not be so prompt in calling out 'New Orleans.' If you will take up the riot at New Orleans, and trace it back

knew that a convention was to be called which was extinct

law, and the intention of that convention was to supersede the

the radical Congress.

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to its source or its immediate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Congress, you will find that the riot at New Orleans was substantially planned. If you will take up the proceedings in their caucuses you will understand that they there by its power having expired; that it was said that the intention was that a new government was to be organized, and on the organization of that government the intention was to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at the same time disfranchise white men. When you design to talk about New Orleans, you ought to understand what you are talking about. When you read the speeches that were made, and take up the facts on the Friday and Saturday before that convention sat, you will there find that speeches were made incendiary in their character, exciting that portion of the population, the black population, to arm themselves and prepare for the shedding of blood. You will also find that that convention did assemble in violation of reorganized authorities in the State government of Louisiana, which had been recognized by the Government of the United States; and every man engaged in that rebellion in that convention, with the intention of superseding and upturning the civil government which had been recognized by the Government of the United States, I say that he was a traitor to the Constitution of the United States, and hence you find that another rebellion was commenced, having its origin in "So much for the New Orleans riot. And there was the cause and the origin of the blood that was shed; and every drop of blood that was shed is upon their skirts, and they are responsible for it. I could test this thing a little closer, but will not do it here to-night. But when you talk about the causes and consequences that resulted from proceedings of that kind, perhaps, as I have been introduced here, and you have provoked questions of this kind, though it does not provoke me, I will tell you a few wholesome things that have been done by this radical Congress in connection with New "I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere-that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the Government; that I had exercised that power; that I had abandoned the party that elected me, and that I was a traitor, because I exercised the veto power in attempting, and did arrest for a time, a bill that was called a 'Freedman's Bureau' bill; yes, that I was a traitor. And I have been traduced, I have been slandered, I have been maligned, I have been called Judas Iscariot, and all that. Now, my countrymen, here to-night, it is very easy to indulge in epithets; it is easy to call a man Judas and cry out traitor, but when he is called upon to give arguments and facts, he is very often found wanting. Judas Iscariot-Judas. There was a Judas, and he was one of the twelve apostles. Oh! yes, the twelve apostles had a Christ. The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was it Wendell Phillips? Was it Charles Sumner? These are the men that stop and compare themselves with the Saviour; and everybody that differs with them in opinion, and to try to stay and arrest their diabolical and nefarious policy, is to "Well, let me say to you, if you will stand by me in this action, if you will stand by me in trying to give the people a fair chance-soldiers and citizens-to participate in these

Orleans and the extension of the elective franchise.

be denounced as a Judas.

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offices, God being willing, I will kick them out. I will kick them out just as fast as I can.

"Let me say to you, in concluding, that what I have said I intended to say. I was not provoked into this, and I care not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies nor overawed by my friends. But, God willing, with your help, I will veto their measures whenever any of them come to me."

Which said utterances, declarations, threats, and harangues, highly censurable in any, are peculiarly indecent and unbecoming in the Chief Magistrate of the United States, by means whereof said Andrew Johnson has brought the high office of the President of the United States into contempt, ridicule, and disgrace, to the great scandal of all good citizens, whereby said Andrew Johnson, President of the United States, did commit, and was then and there guilty of a high misdemeanor in office.

ARTICLE XI.-That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of office, and in disregard of the Constitution and laws of the United States, did, heretofore, to wit, on the 18th day of August, A. D. 1866, at the city of Washington, and the District of Columbia, by public speech, declare and affirm, in substance, that the Thirty-Ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same, but, on the contrary, was a Congress of only part of the States, thereby denying, and intending to deny, that the legislation of said Congress was valid or obligatory upon him, the said Andrew Johnson, except in so far as he saw fit to approve the same, and also thereby denying, and intending to deny, the power of the said Thirty-Ninth Congress to propose amendments to the Constitution of the United States; and, in pursuance of said declaration, the said Andrew Johnson, President of the United States, afterwards, to wit, on the 21st day of February, A. D. 1868, at the city of Washington, in the District of Columbia, did, unlawfully, and in disregard of the requirement of the Constitution, that he should take care that the laws be faithfully executed, attempt to prevent the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, by unlawfully devising and contriving, and attempting to devise and contrive means by which he should prevent Edwin M. Stanton from forthwith resuming the functions of the office of Secretary for the Department of War, notwithstanding the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of said Edwin M. Stanton from said office of Secretary for the Department of War; and, also, by further unlawfully devising and contriving, and attempting to devise and contrive, means, then and there, to prevent the execution of an act entitled "An act making appropriations for the support of the army for the fiscal year ending June 30, 1868, and for other purposes," approved March 2, 1867; and, also, to prevent the execution of an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867, whereby the said Andrew Johnson, President of the United States, did then, to wit, on the 21st day of February, A. D. 1868, at the city of Washington, commit, and was guilty of, a high

misdemeanor in office.

SCHUYLER COLFAX,
Speaker of the House of Representatives.

Attest:
EDWARD MCPHERSON,

Clerk of the House of Representatives.

Votes on the Articles in the House. 1868, March 2-The first article was agreed to-yeas 127, nays 42, as follow:

YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R Ashley, James M. Ashley, Bailey, Baldwin, Banks, Beaman Broomall, Buckland, Butler, Cake, Churchill, Reader W. Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dixon, Dodge, Donnelly, Driggs, Eggleston, Griswold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Eliot, Farnsworth, Ferriss, Ferry, Fields, Garfield, Gravely, C. D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd,

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Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, | S. Black, William M. Evarts, and Thomas A. R.
Geo.V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Nelson, who have my warrant and authority
Loughridge, Lynch, Mallory, Marvin, Maynard, McCarthy,
McClurg, Mercur, Miller, Moore, Morrell, Mullins, Myers, therefor, and who are instructed by me to ask of
Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, this honorable court for a reasonable time for
Plants, Poland, Polsley, Pomeroy, Price, Raum, Robertson, the preparation of my answer to said articles.
Sawyer, Schenck, Scofield, Shanks, Smith, Spalding, Stark-
weather, Thaddeus Stevers, Stokes, Taffe, Taylor, Thomas,
Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt
Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwal-
ader C. Washburn, Ellihu B.Washburne, William B. Wash-
buru, Welker, Thomas Williams, James F. Wilson, John T.
Wilson, Stephen F. Wilson, Windom, Woodbridge-127.

NAYS-Messrs. Adams, Archer, Axtell, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, Humphrey, Johnson, Jones, Kerr, Knott, Marshall, McCormick, Morgan, Mungen, Niblack, Nicholson, Pruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Taber, Trimble, Van Auken, Van Trump, Wood, Woodward-42. Ela, Finney, Hawkins, Asahel W. Hubbard, Richard D. HubNOT VOTING-Messrs. Baker, Barnes, Benjamin, Eckley, bard, McCullough, Moorhead, Morrissey, Phelps, Pile, Robinson, Selye, Shellabarger, Aaron F. Stevens, Henry D. Washburn, William Williams-20.

The second article was agreed to-yeas 124, nays 41, not voting 24.

The third article was agreed to-yeas 124, nays 41, not voting 24.

The fourth article was agreed to-yeas 117, nays 40, not voting 32.

The fifth article was agreed to-yeas 127, nays 42, not voting 20.

The sixth article was agreed to-yeas 127, nays 42, not voting 20.

The seventh article was agreed to-yeas 127, nays 42, not voting 20.

The eighth article was agreed to-yeas 127, nays 42, not voting 20.

The ninth article was agreed to-yeas 108, nays 41, not voting 40.

The tenth article was agreed to-yeas 88, nays 44, not voting 57.

The eleventh article was agreed to-yeas 109, nays 32, not voting 48.

Messrs. John A. Bingham, George S. Boutwell, James F. Wilson, Benjamin F. Butler, Thomas Williams, John A. Logan, and Thaddeus Stevens were elected managers to conduct the impeachment.

March 4-The articles were read to the Senate by the Managers.

March 5-Chief Justice Chase took the chair, Associate Justice Nelson having administered the following cath:

"I do solemnly swear that in all things appertaining to the trial of the impeachment of Andrew Johnson, President of the United States, I will do impartial justice according to the Constitution and laws: So help me God."

March 5 and 6-The Chief Justice administered the same oath to the various Senators. On the 6th, an order was adopted, directing a summons on Andrew Johnson to file answer to the articles, returnable on the 13th instant.

March 13-The President's counsel entered this appearance:

In the matter of the impeachment of Andrew Johnson, President of the United States.

After a careful examination of the articles of impeachment, and consultation with my counsel, I am satisfied that at least forty days will be necessary for the preparation of my answer, and I respectfully ask that it be allowed,

ANDREW JOHNSON.

The counsel also read a "professional statement" in support of the request. The Senate retired for consultation, and, after some time, adopted, without a division, an order that the An order was also adopted-yeas 40, nays 10respondent file answer on or before the 23d inst. that unless otherwise ordered by the Senate for cause shown, the trial shall proceed immediately after replication shall be filed.

AN "ILLEGAL AND UNCONSTITUTIONAL COURT."

March 23-Mr. Davis, a member of the Senate and of the Court of Impeachment, from the State of Kentucky, moved the court to make this order:

The Constitution having vested the Senate with the sole power to try the articles of impeachment of the President of the United States preferred by the House of Representatives, and having also declared that "the Senate of the United States shall be composed of two Senators from each State, chosen by the legislatures thereof," and the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Arkansas, Louisiana, and Texas having, each by its legislature, chosen two Senators, who have been and continue to be excluded by the Senate from their seats respectively, without any judgment by the Senate against them personally and individually on the points of their elections, returns, and qualifications, it is

Ordered, That a Court of Impeachment for the trial of the President cannot be legally and constitutionally formed while the Senators from the States aforesaid are thus excluded from the Senate; and this case is continued until the Senators from these States are permitted to take their seats in the Senate, subject to all constitutional exceptions to their elections, returns, and qualifications severally.

Which was rejected-yeas 2, nays 49, as follow:

YEAS-Messrs. Davis, McCreery-2.

Chandler, Cole, Conkling, Conness, Corbett, Cragin, Dixon, NAYS-Messrs. Anthony, Buckalew, Cameron, Cattell, Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Fre linghuysen, Grimes, Harlan, Henderson, Hendricks, HowVermont, Morton, Norton, Nye, Patterson of New Hampard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of shire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Trumbull, Van Winkle, Vickers, Willey, Williams, Wilson, Sherman, Sprague, Stewart, Sumner, Thayer, Tipton,

Yates-49

NOT VOTING-Messrs. Bayard, Saulsbury, Wade-3.

Answer of President Johnson.

Mr. CHIEF JUSTICE: I, Andrew Johnson, President of the United States, having been served with a summon to appear before this honorable court, sitting as a court of impeachment, to answer certain articles of impeachment found and presented against me by the honorable the House of Representatives of the United States, do hereby enter my appearance by my counsel, Henry Stanbery, Benjamin R. Curtis, Jeremiah William S. Groesbeck of Ohio appeared in his st vad.

Mr. Curtis then proceeded to read the answer to the close of that portion relative to the first article of impeachment.

*Mr. Black did not appear in the trial. March 23, Hon.

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Mr. Stanbery read that portion of the answer | moved from the said office by this respondent, beginning with the reply to the second article to the close of the response to the ninth article. Mr. Evarts read the residue of the answer. Senate of the United States, sitting as a Court of Impeachment for the trial of Andrew Johnson, President of the United States.

The answer of the said Andrew Johnson, President of the United States, to the articles of impeachment exhibited against him by the House of Representatives of the United States.

ANSWER TO ARTICLE I.

the said Stanton continued to hold the same under the appointment and commission aforesaid, at the pleasure of the President, until the time hereinafter particularly mentioned; and at no time received any appointment or commission save as above detailed."

And this respondent, further answering, says that on and prior to the 5th day of August, A. D. 1867, this respondent, the President of the United States, responsible for the conduct of the Secretary for the Department of War, and having the constitutional right to resort to and rely upon the person holding that office for advice concerning the great and difficult public duties enjoined on the President by the Constitution and laws of the United States, became satisfied that he could not allow the said Stanton to continue to hold the office of Secretary for the Department of War without hazard of the public Stanton and the President no longer permitted interest; that the relations between the said the President to resort to him for advice, or to be, in the judgment of the President, safely responsible for his conduct of the affairs of the cordance with the orders and instructions of the Department of War, as by law required, in acPresident; and thereupon, by force of the Con

For answer to the first article he says: That Edwin M. Stanton was appointed Secretary for the Department of War on the 15th day of January, A. D. 1862, by Abraham Lincoln, then President of the United States, during the first term of his presidency, and was commissioned, according to the Constitution and laws of the United States, to hold the said office during the pleasure of the President; that the office of Secretary for the Department of War was created by an act of the first Congress in its first session, passed on the 7th day of August, A. D. 1789, and in and by that act it was provided and enacted, that the said Secretary for the Department of War shall perform and execute such duties as shall from time to time be enjoined on and institution and laws of the United States, which trusted to him by the President of the United States, agreeably to the Constitution, relative to the subjects within the scope of said department; and, furthermore, that the said Secretary shall conduct the business of the said Department in such a manner as the President of the United States shall from time to time order and instruct.

And this respondent, further answering, says that by force of the act aforesaid and by reason of his appointment aforesaid the said Stanton became the principal officer in one of the executive departments of the Government within the true intent and meaning of the second section of the second article of the Constitution of the United States, and according to the true intent and meaning of that provision of the Constitution of the United States; and, in accordance with the settled and uniform practice of each and every President of the United States, the said Stanton then became, and so long as he should continue to hold the said office of Secretary for the Department of War must continue to be, one of the advisers of the President of the United States, as well as the person intrusted to act for and represent the President in matters enjoined upon him or intrusted to him by the President touching the department aforesaid, and for whose conduct in such capacity, subordinate to the President, the President is by the Constitution and laws of the United States, made responsible.

And this respondent, further answering, says he succeeded to the office of President of the United States upon, and by reason of, the death of Abraham Lincoln, then President of the United States, on the 15th day of April, 1865, and the said Stanton was then holding the said office of Secretary for the Department of War under and by reason of the appointment and commission aforesaid; and not having been re

to control the conduct of the business of that devolve on the President the power and the duty by reason of the constitutional duty of the Presiexecutive department of the government, and dent to take care that the laws be faithfully exand did determine that the said Stanton ought ecuted, this respondent did necessarily consider no longer to hold the said office of Secretary for by virtue of the power and authority vested in the Department of War. And this respondent, him as President of the United States, by the Constitution and laws of the United States, to give effect to such his decision and determination, did, on the 5th day of August, A. D. 1867, address to the said Stanton a note, of which the following is a true copy:

SIR: Public considerations of a high character constrain me to say that your resignation as Secretary of War will be accepted.

To which note the said Stanton made the following reply:

WAR DEPARTMENT, Washington, August 5, 1867. SIR: Your note of this day has been received, stating that "public considerations of a high character constrain you" to say "that my resignation as Secretary of War will be accepted."

In reply, I have the honor to say that public considerations of a high character, which alone have induced me to continue at the head of this Department, constrain me not to resign the office of Secretary of War before the next Very respectfully, yours,

meeting of Congress.

EDWIN M. STANTON.

This respondent, as President of the United States, was thereon of opinion that, having regard to the necessary official_relations and duties of the Secretary for the Department of War to the President of the United States, according to the Constitution and laws of the United States, and having regard to the responsibility of the President for the conduct of the said Secretary, and having regard to the permanent executive authority of the office which the respondent holds under the Constitution and

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