The managers came within the bar and took the seats assigned to
them in the area in front of the Vice President's Chair.
The Speaker of the House of Representatives advanced and took a
seat on the right of the President pro tempore of the Senate.
Mr. Manager Bingham:
Mr. President, the managers on the part of the House of
Representatives, by order of the House, are ready at the bar of
the Senate, whenever it may please the Senate to hear them, to
present articles of impeachment and in maintenance of the
impeachment preferred against Andrew Johnson, President of the
United States, by the House of Representatives.
The President pro tempore:
The Sergeant-at-arms will make proclamation.
The Sergeant-at-arms:
Hear ye! Hear ye! All persons are commanded to keep silence, on
pain of imprisonment, while the House of Representatives is
exhibiting to the Senate of the United States, articles of
impeachment against Andrew Johnson, President of the United
States.
The managers then rose and remained standing, with the exception
of Mr. Stevens, who was too feeble to do so, while Mr. Manager
Bingham read the articles of impeachment, as follows:
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 ofce.
ARTICLE I.
That said Andrew Johnson, President of the United States, on the
21st day of February, in the year of our Lord eighteen hundred
and sixty-eight, at Washington, in the District of Columbia,
unmindful of the high duties of his office, of his oath of
office, and of the requirement of the Constitution that he should
take care that the laws be faithfully executed, did unlawfully,
and in violation of the Constitution and laws of the United
States issue an order in writing for the removal of Edwin M.
Stanton from the office of Secretary for the Department of War,
said Edwin M. Stanton having been 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 twelfth day of August in
the year of our Lord eighteen hundred and sixty-seven, 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
twelfth 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 thirteenth day of January, in the year of our Lord
eighteen hundred and sixty-eight, 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
second, eighteen hundred and sixty-seven, 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 Department 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., Feb. 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 the 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 2d, 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 twenty-first of February, in the year of our
Lord one thousand eight hundred and sixty-eight, at Washington,
in the District of Columbia, said Andrew Johnson, President of
the United States, unmindful of the high duties of his office, of
his oath of office, and in violation of the Constitution of the
United States, and contrary to the provisions of an act entitled
"An act regulating the tenure of certain civil offices," passed
March second, 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 substance 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, 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 Brevet Major General Lorenzo Thomas. Adjutant General U. S.
Army, Washington, D. C.
Then and there being no vacancy in said offce 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
twenty-first day of February, in the year of our Lord one
thousand eight hundred and sixty-eight, 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, and 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:
Executive Mansion, Washington, D. C., Feb. 21, 1868.
Sir: - The 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 Brevet Major General 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 twenty-first day of February, in the year of our
Lord one thousand eight hundred and sixty-eight, 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 Stales, from holding said office of
Secretary for the Department of War, contrary to and in violation
of the Constitution of the United States, and of the provisions
of an act entitled "An act to define and punish certain
conspiracies," approved July thirty-first, eighteen hundred and
sixty-one, 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 twenty-first day of February, in the year of our
Lord one thousand eight hundred and sixty-eight, and on divers
other days and times in said year, before the second day of
March, in the year, of our Lord one thousand eight hundred and
sixty-eight, 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 offces," passed March second, eighteen
hundred and sixty-seven, 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
Unite 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 twenty-first day of February, in the year of our
Lord one thousand eight hundred and sixty-eight, 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
thirty-one, eighteen hundred and sixty one, and with intent to
violate and disregard an act entitled "An act regulating the
tenure of certain civil offices," passed March second, eighteen
hundred and sixty-seven, 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 twenty-first day of February, in the year of our
Lord one thousand eight hundred and sixty-eight, at Washington.
in the District of Columbia, did unlawfully conspire with one
Lorenzo Thomas with intent unlawfully to seize, take, and possess
the property of the United States in the Department of War, in
the custody and charge of Edwin M. Stanton Secretary for said
Department, with intent to violate and disregard the act entitled
"An act regulating the tenure of certain civil offices" passed
March second, eighteen hundred and sixty-seven, whereby said
Andrew Johnson, President of the United States, did then and
there commit a high misdemeanor in office.
ARTICLE VIII.
That said Andrew Johnson, President of the United States,
unmindful of the high duties of his office and of his oath of
office, with intent unlawfully to control the disbursements of
the moneys appropriated for the military service and for the
Department of War, on the twenty-first day of February, in the
year of our Lord one thousand eight hundred and sixty-eight, 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 second,
eighteen hundred and sixty-seven, 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., Feb. 21, 1868.
Sir: - The 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 Brevet Major General Lorenzo Thomas, Adjutant General, United
States 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
twenty-second day of February, in the year of our Lord one
thousand eight hundred and sixty-eight, 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, dial 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-in-chief, declare to and instruct said
Emory that part of a law of the United states, passed March
second, eighteen hundred and sixty-seven entitled "An act making
appropriations for the support of the army for the year ending
June thirtieth, eighteen hundred and sixty-eight and for other
purposes," especially the second section thereof, which provides,
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 Orders 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 tenure
of certain civil offices," passed March second eighteen hundred
and sixty-seven and to unlawfully prevent Edwin M. Stanton then
being Secretary for the Department 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 or the United States, and also of
replying to his answers which he shall wake 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
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 powers 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 eighteenth
day of August, in the year of our Lord one thousand eight hundred
and sixty-six, 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, jeer, and laughter of the multitudes then
assembled and in hearing.
ARTICLE XI.
That said Andrew Johnson, President of the United States,
unmindful of the high duties of his office, and of his oath of
offce, and in disregard of the Constitution and laws of the
United States, did, heretofore, to wit, on the eighteenth day of
August, A. D. eighteen hundred and sixty-six, 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 twenty first day
of February, A. D. eighteen hundred and sixty-eight, at the city
of Washington, in the District of Columbia, did, unlawfully, and
in disregard of the requirements 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 second, eighteen
hundred and sixty-seven, 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 thirtieth, eighteen hundred and sixty-eight, and for
other purposes," approved March second, eighteen hundred and
sixty-seven; 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 second, eighteen hundred and
sixty-seven, whereby the said Andrew Johnson, President of the
United States, did then, to wit, on the twentyfirst day of
February, A. D. eighteen hundred and sixty-eight, 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.
At the conclusion of the reading of the Articles of Impeachment,
the President of the Senate responded that "the Senate will take
order upon the subject of impeachment, of which proper notice
will be given to the House of Representatives."
In addition to the Speaker and Managers, a large number of the
members of the House of Representatives were present to witness
the extraordinary and impressive proceedings, and at its close
all withdrew and the Senate resumed the routine business of the
day's session.
On Monday, March 23rd, 1868, the President, by his attorneys,
appeared at the bar of the Senate and made answer to the several
Articles of Impeachment, as follows:
(Answer to only the 1st, 2nd, 3rd, and 11th Articles, are here
given, as the 2nd, 3rd and 11th were the only Articles put to
vote - all others being abandoned, and as the 1st Article, though
never put to vote, contained practically all there was of the
impeachment.)
ANSWER TO ARTICLE I.
For answer to the first article he said: 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 intrusted 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 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