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army for the year ending June 30, 1868, and for other | General-in-chief, or by any other channel of com.
SEC. 2. And be it further enacted, That the headquarters munication, are entitled to respect and obedi. of tho General of the army of the United States shall be at ence; and that such constitutional power cannot the city of Washington, and all orders and instructions re- be taken from him by virtue of any act of lating to military operations issued by the President or Secretary of War shall be issued through the General of the
Congress. Respondent doth therefore deny that army, and in case of his inability, through the next in rank by the expression of such opinion he did commit The General of the army shall not be removed, suspended, or was guilty of a high misdemeanor in office. or relieved from command or assigned to duty elsewhere And this respondent doth further say that the out the previous approval of the Senate; and any orders or said article nine lays no foundation whatever for instructions relating to military operations issued contrary the conclusion stated in the said article, that the to the requirements of this section shall be null and void; respondent, by reason of the allegations therein trary to the provisions of this section shall be deemed guilty contained, was guilty of a high misdemeanor in of a misdemeanor in office; and any officer of the army who office. shall transmit, convey, or obey any orders or instructions so issued contrary to the provisions of this section, knowing
In reference to the statement made by General that such orders wero son issued, shall be liable to imprison- | Emory, that this respondent had approved of ment fur not less than two vor more than twenty yeurs, said act of Congress containing the section reupon consation thereof in any court of competent juris- ferred to, the respondent admits that his formal diction. Approved March 2, 1867.
approval was given to said act, but accompanied By order of the Secretary of War:
the same by the following message, addressed E. D. TOWNSEND, and sent with the act to the House of Represen.
Assistant Adjutant General. General Emory not only called the attention tatives, in which House the said act originated, of respondent to this order, but to the fact that and from which it came to respondent:
To the House of Representatives : it was in conformity with a section contained in
The act entitled " An act making appropriations for the an appropriation act passed by Congress. Res
support.of the army for the year ending June : 0, 1868, and pondent, after reading the order, observed : for other purposes," contains provisions to which I must call This is not in accordance with the Constitution attention. These provisions are contained in the 2d section,
which, in certain cases, virtually doprives the Presiderit of of the United States, which makes me com- his constitutional functions as commander-in-chief of the mander-in-chief of the army and navy, or of army, and in the sixth section, which denies to ten states the language of the commission which you selves, in any energency, l.y means of their own, militia. Gold.” General Emory then stated that this These provisions are out of place in an appropriation act, order had met respondent's approval. Respond- but I am compelled to defeat theso necessary appropriations ent then said in reply, in substance,
Am I to if I withhold my signature from the act. Pressed by these understand that the President of the United signature, but to accompany it with my earnest protest
considerations, I feel constrained to return the bill with my States cannot give an order but through the against the sections which I havo indicated. General-in chief, or General Grant?" General
WASHINGTON, D. C., March 2, 1867. Emory again reiterated the statement that it Respondent, therefore, did no more than to had inet respondent's approval, and that it was express to said Emory the same opinion which the opinion of some of the leading lawyers of he had expressed to the House of Representathe country that this order was constitutional. tives. With some further consideration, respondent
ANSWER TO ARTICLE X. then inquired the names of the lawyers who had And in answer to the tenth article and specigiven the opinion, and he mentioned the names fications thereof, the respondent says that on the of two. Respondent then said that the object 14th and 15th days of August, in the year 1866, of the law was very evident, referring to the a political convention of delegates from all or clause in the appropriation act upon which the most of the States and Territories of the Union order purported to be based. This, according to was held in the city of Philadelphia, under the respondent's recollection, was the substance of name and style of the National Union Conventhe conversation had with General Emory. tion, for the purpose of maintaining and advana
Respondent denies that any allegations in the ing certain political views and opinions before said article of any instructions or declarations the people of the United States, and for their given to the said Emory, then or at any other support and adoption in the exercise of the time, contrary to or in addition to what is here constitutional suffrage, in the election of repinbefore set forth, are true. Respondent denies resentatives and delegates in Congress, which that, in said conversation with said Emory, he were soon to occur in many of the States and had
any other intent than to express the opinions Territories of the Union; which said conventhen given to the said Emory; nor did he then, tion, in the course of its proceedings, and in or at any time, request or order the said furtherance of the objects of the same, adopted Emory to disobey any law or any order issued a “declaration of principles" and " an address in conformity with any law, or intend to offer to the people of the United States," and apany inducement to the said Emory to violate pointed a committee of two of its members froin
What this respondent then said to each State and of one from each Territory and General Emory was simply the expression of an one from the District of Columbia to wait upon opinion which he then fully believed to be the President of the United States and present sound, and which he yet believes to be so-and to him a copy of the proceedings of the conventhat is
, that by the express provisions of the tion; that on the 18th day of said month of Constitution, this respondent, as President, is August, this committee waited upon the Presimade the commander in-chief of the armies of dent of the United States at the Executive Manthe United States, and as such he is to be re- sion, and was received by him in one of the spected; and that his orders, whether issued rooms thereof, and by their chairman, Hon. through the War Department or through the Reverdy Johnson, then and now a Senator of
the United States, acting and speaking in their third specification of the tenth article; but this behalf, presented a copy of the proceedings of respondent does not admit that the passages the convention, and addressed the President of therein set forth, as if extracts from a speech of the United States in a speech, of which a copy this respondent on said occasion, correctly or (according to a published report of the same, justly present his speech or address upon said and, as the respondent believes, substantially a occasion; but, on the contrary, this respondent correct report) is hereto annexed as a part of this demands and insists that if this honorable court answer, and marked Exhibit C.
shall deem the said article and the said third That thereupon, and in reply to the address of specification thereof to contain allegation of said committee by their chairman, this respond- matter cognizable by this honorable court as a ent addressed the said committee so waiting upon high misdemeanor in office, within the intent him in one of the rooms of the Executive Man- and meaning of the Constitution of the United sion; and this respondent believes that this bis States, and shall receive or allow proof in supaddress to said committee is the occasion re- port of the same, that proof shall be required to ferred to in the first specification of the tenth be made of the actual speech and address of this article; but this respondent does not admit that respondent on said occasion, which this respondthe passages therein set forth, as if extracts from ent denies that the said article and specification a speech or address of this respondent upon said contain or correctly or justly represent. occasion, correctly or justly present his speech or And this respondent, further answering the address
upon said occasion, but, on the contrary, tenth article, protesting that he has not been this respondent demands and insists that if this unmindful of the high duties of his office, or of honorable court shall deem the said article and the harmony or courtesies which ought to exist the said specification thereof to contain allega- and be maintained between the executive and tion of matter cognizable by this honorable legislative branches of the Government of the court as a high misdemeanor in office, within the United States, denies that he has ever intended intent and meaning of the Constitution of the or designed to set aside the rightful authority or United States, and shall receive or allow proof powers of Congress, or attempted to bring into in support of the same, that proof shall be re- disgrace, ridicule, hatred, contempt, or reproach quired to be made of the actual speech and ad- the Congress of the United States or either dress of this respondent on said occasion, which branch thereof, or to impair or destroy the rethis respondent denies that said article and speci- gard or respect of all or any of the good people fication contain or correctly or justly represent. of the United States for the Congress or the right
And this respondent, further answering the ful legislative power thereof, or to excite the tenth article and the specifications thereof, says odium or resentment of all or any of the good that at Cleveland, in the State of Ohio, and on people of the United States against Congress and the 3d day of September, in the year 1866, he the laws by it duly and constitutionally enacted. was attended by a large assemblage of his fel. This respondent further says, that at all times low-citizens, and in deference and obedience to he has, in his official acts as President, recog: their call and demand he addressed them upon nized the authority of the several Congresses of matters of public and political consideration; the United States as constituted and organized and this respondent believes that said occasion during his administration of the office of Presiand address are referred to in the second speci dent of the United States. fication of the tenth article; but this respond And this respondent, further answering, says ent does not admit that the passages therein set that he has, from time to time, under his constiforth, as if extracts from a speech of this respond- tutional right and duty as President of the ent on said occasion, correctly or justly present United States, communicated to Congress his his speech or address upon said occasion; but, views and opinions in regard to such acts or reson the contrary, this respondent demands and olutions thereof as, being submitted to him as insists that if this honorable court shall deem President of the United States in pursuance of the said article and the second specification the Constitution, seemed to this respondent to thereof to contain allegation of matter cogniz- require such communications; and he has, from able by this honorable court as a high misde- time to time, in the exercise of that freedom of meanor in office, within the intent and meaning speech which belongs to him as a citizen of the of the Constitution of the United States, and shall United States, and, in his political relations as receive or allow proof in support of the same, President of the United States to the people of that proof shall be required to be made of the the United States, is upon fit occasions a duty of actual speech and address of this respondent on the highest obligation, expressed to his fellowsaid occasion, which this respondent denies that citizens his views and opinions respecting the said article and specification contain or correctly measures and proceedings of Congress; and that or justly represent.
in such addresses to his fellow-citizens and in And this respondent, further answering the such his communications to Congress he has extenth article and the specifications thereof, says pressed his views, opinions, and judgment of that at St. Louis, in the State of Missouri, and and concerning the actual constitution of the on the 8th day of September, in the year 1866, two houses of Congress without representation he was attended by a numerous assemblage of therein of certain States of the Union, and of his fellow-citizens, and in deference and obe. the effect that in wisdom and justice, in the dience to their call and demand he addressed opinion and judgment of this respondent, Con. them upon matters of public and political con- gress, in its legislation and proceedings, should sideration; and this respondent believes that give to this political circumstance; and whatsosaid occasion and address are referred to in the ever he has thus communicated to Congress ce
addressed to his fellow.citizens or any assemblage and political motives and tendencies; and withthereof, this respondent says was and is within in and as a part of such right and duty to form, and according to his right and privilege as an and on fit occasions to express, opinions of and American citizen and his right and duty as Presi- concerning the public character and conduct, dent of the United States.
views, purposes, objects, motives, and tendencies And this respondent, not waiving or at all of all men engaged in the public service, as well disparaging his right of freedom of opinion and in Congress as otherwise, and under no other of freedom of speech, as herein before or herein- rules or limits upon this right of freedom of after more particularly set forth, but claiming opinion and of freedom of speech, or of responsiand insisting upon the same, further answering bility and amenability for the actual exercise of the said tenth article, says that the views and such freedom of opinion and freedom of speech, opinions expressed by this respondent in his said than attend upon such rights and their exercise addresses to the assemblages of his fellow-citi- on the part of all other citizens of the United zens, as in said article or in this answer thereto States, and on the part of all their public sermentioned, are not and were not intended to be vants. other or different from those expressed by him in And this respondent, further anewering said his communications to Congress—that the eleven tenth article, says that the several occasions on States lately in insurrection never had ceased to which, as is alleged in the several specifications be States of the Union, and that they were then of said article, this respondent addressed his entitled to representation in Congress by loyal fellow-citizens on subjects of public and politiRepresentatives and Senators as fully as the cal consideration, were not, nor was any one of other States of the Union, and that, conse them, sought or planned by this respondent; quently, the Congress, as then constituted, was but, on the contrary, each of said occasions not, in fact, a Congress of all the States, but a arose upon the exercise of a lawful and accusCongress of only a part of the States. This re- tomed right of the people of the United States spondent, always protesting against the unau- to call upon their public servants and express thorized exclusion therefrom of the said eleven to them their opinions, wishes, and feelings States, nevertheless gave his assent to all laws upon matters of public and political considerapassed by said Congress which did not, in his tion, and to invite from such, their public seropinion and judgment, violate the Constitution, vants, an expression of their opinions, views, exercising his constitutional authority of return- and feelings on matters of public and political ing bills to said Congress with his objections consideration; and this respondent claims and when they appeared to him to be unconstitu- insists before this honorable court, and before tional or inexpedient.
all the people of the United States, that of or And, further, this respondent has also ex concerning this his right of freedom of opinion pressed the opinion, both in his communications and of freedom of speech, and this his exercise of to Congress and in his addresses to the people, such rights on all matters of public and political that the policy adopted by Congress in reference consideration, and in respect of all public serto the States lately in insurrection did not tend vants or persons whatsoever engaged in or conto peace, harmony, and union, but, on the connected therewith, this respondent, as a citizen or trary, did tend to disunion and the permanent as President of the United States, is not subject disruption of the States; and that in following to question, inquisition, impeachment, or inculits said policy, laws had been passed by Con-pation in any form or manner whatsoever. gress in violation of the fundamental principles And this respondent says that neither the said of the government, and which tended to con- tenth article nor any specification thereof, nor solidation and despotism; and, such being his any allegation therein contained, touches or redeliberate opinions, he would have felt himself lates to any official act
or doing of this respond. unmindful of the high duties of his office if he ent in the office of President of the United had failed to express them in his communica- States or in the discharge of any of its constitutions to Congress, or in his addresses to the peo tional or legal duties or responsibilities; but ple when called upon by them to express his said article and the specifications and allegations opinions on matters of public and political con- thereof, wholly and in every part thereof, quessideration.
tion only the discretion or propriety of freedom And this respondent, further answering the of opinion or freedom of speech as exercised by tenth article, says that he has always claimed this respondent as a citizen of the United States and insisted, and now claims and insists, that in his personal right and capacity, and without both in his personal and private capacity of a allegation or imputation against this respondent citizen of the United States, and in the political of the violation of any law of the United States relations of the President of the United States touching or relating to freedom of speech or its to the people of the United States, whose ser- exercise by the citizens of the United States or vant, under the duties and responsibilities of the by this respondent as one of the said citizens or Constitution of the United States, the President otherwise; and he denies that, by reason of any of the United States is, and should always re- matter in said article or its specifications alleged, main, this respondent had and has the full right, he has said or done anything indecent or unbe. and in his office of President of the United States coming in the Chief Magistrate of the United is held to the high duty of forming, and, on fit States, or that lie has brought the high office of occasions, expressing, opinions of and concern. the President of the United States into coning the legislation of Congress, proposed or com- tempt, ridicule, or disgrace, or that he bas completed, in respect of its wisdom, expediency, mitted or has been guilty of a high misdemeanor justice. worthiness, objects, purposes, and public in office.
ANSWER TO ARTICLE XI.
of Secretary for the Department of War; or And in answer to the eleventh article, this re- by unlawfully devising or contriving, or atspondent denies that on the 18th day of August, tempting to devise or contrive, means to prevent in the year 1866, at the city of Washington, in the execution of an act entitled "An act mak. the District of Columbia," he did, by public ing appropriations for the support of the army speech or otherwise, declare or affirm, in sub- for the fiscal year ending June 30, 1868, and for stance or at all, that the Thirty-Ninth Congress other purposes," approved March 2, 1867, or to of the United States was not a Congress of the prevent the execution of an act entitled "An United States authorized by the Constitution to act to provide for the more efficient government exercise legislative power under the same, or of the rebel States,” passed March 2, 1867. that he did then and there declare or affirm that And this respondent, further answering the the said Thirty-Ninth Congress was a Congress said eleventh article, says that he has, in his anof only part of the States in any sense or mean swer to the first article, set forth in detail the ing other than that ten States of the Union were acts, steps, and proceedings done and taken by denied representation therein; or that he made this respondent to and toward or in the matter any or either of the declarations or affirmations of the suspension or removal of the said Edwin in this behalf, in the said article alleged, as deny- | M. Stanton in or from the office of Secretary for ing or intending to deny that the legislation of the Department of War, with the times, modes, said Thirty-Ninth Congress was valid or circumstances, intents, views, purposes, and obligatory upon this respondent, except so far opinions of official obligation and duty under as this respondent saw fit to approve the same ; and with which such acts, steps, and proceedings and as to the allegation in said article, that he were done and taken; and he makes answer to did thereby intend or mean to be understood this eleventh article of the matters in his answer that the said Congress had not power to propose to the first article, pertaining to the suspension amendments to the Constitution, this respondent or removal of said Edwin M. Stanton, to the says that in said address he said nothing in refer- same intent and effect as if they were here reence to the subject of amendments of the Con- peated and set forth. stitution, nor was the question of the compe And this respondent, further answering the tency of the said Congress to propose such said eleventh article, denies that by means or amendments, without the participation of said reason of anything in said article alleged, this excluded States, at the time of said address, in respondent, as President of the United States, any way mentioned or considered or referred to did, on the 21st day of February, 1868, or at by this respondent, nor in what he did say had any other day or time, cominit, or that he was he any intent regarding the same, and he denies guilty of, a high misdemeanor in office. the allegation so made the contrary thereof. And this respondent, further answering the But this respondent, in further answer to, and said eleventh article, says that the same and the in respect of
, the said allegations of the said matters therein contained do not charge or eleventh article hereinbefore traversed and de- allege the commission of any act whatever by nied, claims and insists upon his personal and this respondent, in his office of President of the official right of freedom of opinion and freedom United States, nor the omission by this respondof speech, and his duty in his political relations ent of any act of official obligation or duty in as President of the United States to the people his office of President of the United States ; nor of the United States in the exercise of such does the said article nor the matters therein confreedom of opinion and freedom of speech, in tained name, designate, describe, or define any the same manner, form, and effect as he has in act or mode or form of attempt, device, conthis behalf stated the same in his answer to the trivance, or means, or of attempt at device, consaid tenth article, and with the same effect as if trivance or means, whereby this respondent can he here repeated the same; and he further claims know or understand what act or mode or form and insists, as in said answer to said tenth article of attempt, device, contrivance or means, or of he has claimed and insisted, that he is not sub- attempt at device, contrivance, or means, are ject to question, inquisition, impeachment, or in- imputed to or charged against this respondent, culpation, in any form or manner, of or concern- | in his office of President of the United States, ing such rights of freedom of opinion of freedom or intended so to be, or whereby this respondent of speech or his said alleged exercise thereof. can more fully or definitely make answer unto
And this respondent further denies that on the the said article than he hereby does. 21st of February, in the year 1868, or at any And this respondent, in submitting to this other time, at the city of Washington, in the honorable court this his answer to the Articles District of Columbia, in pursuance of any such of Impeachment exhibited against him, respectdeclaration as is in that behalf in said eleventh fully reserves leave to amend and add to the article alleged, or otherwise, he did unlawfully, same from time to time, as may become necesand in disregard of the requirement of the Con. sary or proper, and when and as such necessity stitution that he should take care that the laws and propriety shall appear. should be faithfully executed, attempt to pre
ANDREW JOHNSON veut the execution of an act entitled “An act HENRY STANBERY, regulating the tenure of certain civil offices," B. R. CURTIS, pasised March 2, 1867, by unlawfully devising or
Thomas A. R. NELSON, contriving, or attempting to devise or contrive, WILLIAM M EVARTS, means by which he should prevent Edwin M. W. S. GROESBECK, Stanton from forth with resuming the functions
Same day--The President's counsel asked for April 22-Argument begun, and continued on thirty days for preparation before the trial shall April 23, 24, 25, 27, 28, 29, 30, May 1, 2, 4, 5, proceed; which was debated and disagreed to— and 6. yeas 12, nays 41.
May 7 and 11 spent in determining rules, March 24-The Managers presented the rep- form of question, &c. May 12, adjourned in lication adopted — yeas 116, nays 36 — by the consequence of the sickness of Senator Howard, House of Representatives, as follows :
till May 16.
The Judgment of the Sonate.
question on the eleventh article be taken
May 16-By a vote of 34 to 19, it was ordered against him by the House of Representatives.
first. [For Article XI, see page 10.] The House of Representatives of the United States have The vote was 35 "guilty," 19 "not guilty," considered the several answers of Andrew Johnson, Pres as follow: ident of the United States, to the several articles of impeachment against him by them exhibited in the name of GUILTY – Messrs. Anthony, Cameron, Cattell, Chandler, themselves and of all the people of the United States, and Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, reserving to themselves all advantage of exception to the Ferry, Frelinghuysen, Harlan, Howard, Howe, Morgan, insufficiency of bis answer to each and all of the several Morrill of Maine, Morrill of Vermont, Morton, Nye, Patterarticles of impeachment exhibited against said Andrew
son of New Hampshire, Pomeroy, Ramsey, sherman, Johnson, President of the United States, do deny each and Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, every averment in said several answers, or either of them, Williams, Wilson, Yates—35. which denies or traverses the acts, intents, crimes, or mis
Nor GUILTY-Messrs. Bayard, Buckalew, Davis, Dixon, demeanors charged against said Andrew Johnson in the said Doolittle, Fessenden, Fowler, Grimes, Henderson, Hendricks, articles of impeachment, or either of them; and for replica- Johnson, McCreery, Norton, Patterson of Tennessee, Ross, tion to said answer do say that suid Andrew Jobpson, Presi- Saulsbury, Trumbull, Van Winkle, Vickers—19. dent of the United States, is guilty of the high crimes and misdemeanors mentioned in said articles, and that the voted upon, with the same result as
May 26—The second and third articles were House of Representatives are ready to prove the same.
on the SCHUYLER COLFAX, eleventh : GUILTY 35 ; Not GUILTY, 19. Speaker of the House of Representatives. A motion that the court do now adjourn sine EDWARD MCPHERSON, Clerk of the House of Representatives.
die was then carried-yeas 34, nays 16, as fol. Same day-An order was adopted, finally without a division, that the Senate will com
YEAS—Messrs. Anthony, Cameron, Cattell, Chandler, Cole, mence the trial on the 30th inst., and proceed huysen, Harlan, Howard, Morgan, Morrill of Maine, Mor
Conkling, Corbett, Cragin, Drake, Edmunds, Ferry, Frelingwith all convenient despatch.
rill of Vermont, Morton, Nye, Patterson of New Hampshire, March 30-Opening argument by Mr. Butler, Thayer, Tipton, Van Winkle, Wade, willey, Williams, Wil
Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, one of the Managers, and some testimony intro- son, Yates-34. duced.
Nays-Messrs. Bayard, Buckalew, Davis, Dixon, Doo. March 31, April 1, 2, 3, and 4, the testimony Worion, Patterson of Tennessee, Russ, Saulsbury, Trum
little, Fowler, Henderson, Hendricks, Johnson, McCreery, for the prosecution continued, and the case on bull, Vickers—16. the part of the House substantially closed. NÓT VOTING—Conness, Fessenden, Grimes, Howe-4. Adjourned till April 9, at the request of the Judgment of acquittal was then entered by President's counsel.
the Chief Justice on the three articles voted April 9 and 10-Occupied by Judge Curtis's upon, and the Senate sitting as a court for the opening argument for the defence, and in pre- trial of Andrew Johnson, President of the United senting testimony.
States, upon Articles of Impeachment exhibited April 11, 13, 14, 15, 16, 17, 18, 20, testimony by the House of Representatives, was declared presented.
adjourned without day.
CORRESPONDENCE BETWEEN GEN. GRANT AND PRESIDENT JOHNSON,
GROWING OUT OF SECRETARY STANTON'S SUSPENSION.
action of the Senate on his alleged reason for my WASHINGTON CITY, February 4, 1868. suspension from the office of Secretary of War, I SIR: In answer to the resolution of the House resumed the duties of that office as required by of Representatives of the 3d instant, I transmit the act of Congress, and have continued to dis. herewith copies furnished me by General Grant charge them without any personal or written of correspondence between him and the Presi- communication with the President. No orders dent, relating to the Secretary of War, and which have been issued from this department in the he reports to be all the correspondence he has name of the President, with my krowledge, and bad with the President on the subject.
I have received no orders from him. I have had no correspondence with the Presi. The correspondence sent herewith ernbraces all dent since the 12th of August last. After the the correspondence known to me on the subiect