On Monday, February the 24th, 1868, the House of Representatives of the Congress of the United States resolved to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors, of which the Senate was apprised and arrangements were made for the trial. On Monday the 2d of March, articles of impeachment were agreed upon by the House of Representatives, and on the 4th they were presented to the Senate by the managers on the part of the House, who were accompanied by the House, the grand inquest of the nation, as a Committee of the Whole on the state of the Union. Mr. BINGHAM, chairman of the managers, read the articles 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.
ARTICLE I.
That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord, 1868, at Washington, in the District of Columbia, 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 and 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 12th day of August, in the year of our Lord 1867, and during the recess of said Senate, having been suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeing of said Senate, that is to say, on the 12th day of December, in the year last aforesaid, having reported to said Senate such suspension, with the evidence and reasons for his action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting og the Senate, and said Senate thereafterward, on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension, and having been refused to concur in said suspension, whereby and by force of the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and siad Edwin 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:
Which order was unlawfully issued, and with intent then are there to violate the act entitled "An act regulating the tenure of certain civil office," passed March 2, 1867; and, with the further intent contrary to the provisions of said act, and 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 of War, and being then and there in the due and lawful execution 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.
then and there being no vacancy in said office of Secretary for the Department of War: whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high misdemeanor in office.
ARTICLE III.
ARTICLE IV.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office, and of his oath of office, in violation of the Constitution and laws of the United States,on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, with intent by intimidation and threats unlawfully to hinder and prevent Edwin M. Stanton, then and there, the Secretary for the Department of War, duly appointed under the laws of the United States, from holding said office of Secretary for the 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 31, 1861, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of high crime in office.
ARTICLE V.
That said Andrew
Johnson, President of the United States, unmindful of the high dutiesof
his office and of his oath of office, on the 21st of February, in the year
of our Lord 1868, and on divers others days and time in said year before
the 2d day of March, A.D. 1868, at Washington, in the District of Columbia,
did unlawfully conspire with one Lorenzo
Thomas, and with other persons in the House of Representatives unknown,
to prevent and hinder the execution of an act entitled "An act regulating
the tenure of certain civil office,"
passed March 2, 1867, and in pursuance of said conspiracy, did 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 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 Sates 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 UnitedStates, 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 dutiesof 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 of said Department, with intent to violate 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.
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 22nd 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 and there, as such Commander-in-Chief, declare to, and instruct said Emory, that part of a law of the United States, passed March 2, 1867, entitled "An act for making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," especially thesecond 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 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 daid Andrew Johnson, to prevent the execution of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, 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.
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 authorities 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 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 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 declare, with a loud voice certain intemperate, inflammatory, and scandalous harangues, and 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 the multitudes then assembled in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that it to say:
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, heretofore, to wit: On the 18th day of August, in the
year of our Lord, 1866, 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 is concerned, the effort has been
made to restore the Union, to heal the breach, to pour oil into the wounds
which were consequent upon the struggle, and, to speak in a common phrase,
to prepare, as the learned and wise physician would, a plaster healing
in character and co-extensive with the wound. We thought and we think that
we had partially succeeded, but as the work progresses, as reconstruction
seemed to be taking place, and the country was becoming reunited, we found
a disturbing and moving element opposing it. In alluding to that element
it shall go no further than your Convention, and the distinguished gentleman
who has delivered the report of the proceedings, I shall make no reference
that I do not believe, and the time and the occasion justify.
"We have witnessed
in one department of the government every endeavor to prevent the restoration
of peace, harmony and union. We have seen hanging upon the 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 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 States inevitable.
"We have seen
Congress gradually encroach, step by step, upon constitutional 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, if allowed to be consummated,
would result in despotism or monarchy itself."
Specification
Second. In this, that at Cleveland, in the State of Ohio, heretofore
to wit: On the third 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 Congress that is trying to break
up the Government."
Specification
Third. In this case, that at St. Louis, in the State of Missouri, heretofore
to wit: On the 8th 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 acts 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 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 of New Orleans
and trace it back to its source and 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 knew that a convention was to be called which was extinct by
its powers 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, and who had 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 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 convention did assemble in violation of law, and the intention
of that convention was to supersede the organized authorities in the State
of Louisiana, which had been organized by the government of the United
States, and every man engaged in that rebellion, in the 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 the Radical
Congress.