History of the Impeachment of Andrew Johnson [59]
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
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