States, without the advice and consent of the Senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary. But inasmuch as the General commanding the armies of the United States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to submit, under protest, to superior force. Very respectfully, yours,

EDWIN M. STANTON, Secretary of War To the President.

by the Constitution and laws of the United
States, I suspended Edwin M. Stanton from the
office of Secretary of War. In further exercise
of the power and authority so vested in the
President, I have this day removed Mr. Stanton
from the office, and designated the Adjutant
General of the army as Secretary of War ad
interim. Copies of the communications upon
this subject, addressed to Mr. Stanton and the
Adjutant General, are herewith transmitted for
the information of the Senate.
ANDREW JOHNSON.

On the 21st of February (the day the above communication was received), the Senate, 28 06 (party vote, 20 not voting), passed this: Resolved, That under the constitution and laws of the United States, the President has no power to remove the Secretary of War and designate any other officer to perform the duties of that office ad interim.

On the 21st of February, Gen Thomas accepted the ad interim appointment by this letter: WAR DEPARTMENT,

ADJUTANT GENERAL'S OFFICE. WASHINGTON, February 21, 1868.

His Excellency ANDREW JOHNSON, President of

the United States:

WAR DEPARTMENT, WASHINGTON CITY, Aug. 12, 1867. GENERAL: Your note of this date, accompanied by a copy of a letter addressed to you, August 12, by the President, appointing you Secretary of War ad interim, and informing me of your acceptance of the appointment, has been received. Under a sense of public duty I am compelled to deny the President's right under the Constitution and laws of the United States, to suspend me from office as Secretary of War, or to authorize any other person to enter upon the discharge of the duties of that office, or to require me to transfer to you or any other person the records, books, papers, and other property in my official custody and charge as Secretary of War. But, inasmuch as the President has assumed to suspend me from office as Secretary of War, and you have notified me of your acceptance of the appointment of Secretary of War ad interim I have no alternative but to submit, under protest, to the superior force of the President. You will please accept my acknowledgment of the kind terms in which you have notified me of your acceptance of the President's appointment, and my cordial reciprocation of the sentiments ex-ant, pressed. I am, with sincere regard, truly yours,

EDWIN M. STANTON, Secretary of War. General ULYSSES S. GRANT.

On the 13th of January, 1868, the Senate took up the matter, and a resolution was passed, 35 to 6 (party vote), that the Senate did not concur in Mr. Stanton's suspension.

Then ensued the following correspondence:

HEADQUARTERS ARMIES UNITED STATES. WASHINGTON, D. C., Jan. 14, 1868. SIR: I have the honor to inclose herewith copy of official notice received by me last evening of the action of the Senate of the United States in the case of the suspension of Hon. E. M. Stanton, Secretary of War. According to the provisions of section two of an "An act regulating the tenure of certain civil offices," my functions as Secretary of War ad interim ceased from the moment of the receipt of the within notice. I have the honor to be, very respectfully, your obedient servant,

U. S. GRANT, General. His Excellency A. JOHNSON, President of the United States.

WASHINGTON, D. C., Feb. 21, 1868.
To the Senate of the United States:
On the 12th day of August, 1867, by virtue of
the power and authority vested in the President

SIR: I have the honor to report that I have delivered the communication addressed by you to the honorable Edwin M. Stanton, removing him from the office of Secretary of the War Department, and also to acknowledge the receipt of your letter of this date authorizing and empowering me to act as Secretary of War ad interim. I accept this appointment with gratitude for the confidence reposed in me, and will endeavor to discharge the duties to the best of my ability. I have the honor to be, sir, your obedient servL. THOMAS, Adjutant General.

Secretary Stanton remained in possession of the War Office till after the vote in the Senate, sitting as a court of impeachment, on the 26th of May, on which day he addressed this communication to President Johnson:

WAR DEPARTMENT,

WASHINGTON CITY, May 26, 1868. SIR: The resolution of the Senate of the claring that the President "has no power to reUnited States, of the 21st of February last, demove the Secretary of War and designate any other officer to perform the duties of that office ported by two-thirds of the Senators present ad interim," having this day failed to be supand voting on the articles of impeachment preferred against you by the House of Representatives, I have relinquished charge of the War books, archives, papers, and property, heretofore Department, and have left the same, and the in my custody as Secretary of War, in care of Brevet Major General Townsend, the senior Assistant Adjutant General, subject to your direction. EDWIN M. STANTON, Secretary of War. To the President of the United States. Secretary Stanton's order to Gen. Townsend is as follows:

The amendment of Mr. Frelinghuysen was then rejected-yeas 15, nays 22, as follow: GENERAL: You will take charge of the War Department, and the books and papers, archives Fowler, Frelinghuysen, Hendricks, Johnson, YEAS-Messrs. Buckalew, Corbett, Doolittle, and public property, belonging to the same, sub-McCreery, Norton, Patterson of Tennessee, ject to the disposal and direction of the Presi- Ross, Sprague, Tipton, Van Winkle, Vickers15. Secretary of War.

Mr. Stewart moved to amend Mr. Frelinghuysen's amendment, by striking out all after "Resolved," and inserting That the Senate advise and consent to the appointment of John M Schofield as Secretary of War, in place of Edwin M. Stanton, who has been forced to retire from the discharge of the duties of Then (and before) came on the actual imsaid office by reason of the illegal and un-peachment of the President, the charges, the constitutional acts of the President of the

to hold said office of Secretary for the Department of War, 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 2, 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.

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 31st 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 cerpursuance 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, Presi dent of the United States, did then and there commit and was guilty of a high misdemeanor in office.

ARTICLE II.-That on the said 21st day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, intain civil offices," passed March 2d 1867, and 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 provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixtyseven, 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, 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.--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, 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, 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 Tho

mas.

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 Represetatives unknown, with intent, by intimidation and threats, unlawfully to hinder and prevent Edwin M. Stanton, then and there the Secretary for the Department

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 2d 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 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.-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 mili

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

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 to 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. SCHUYLER COLFAX, Speaker of the House of Representatives. Attest:

EDWARD MCPHERSON,

Clerk of the House of Representatives.

IN THE HOUSE OF REPRESENTATIVES, U. S. March 3, 1868. The following additional articles of impeachment 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 the multitudes then assembled and in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that is to say:

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 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-in-chief, 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 provided, 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 tenure of certain civil offices," passed March SPECIFICATION FIRST.-In this, that at Wash2, 1867, and to unlawfully prevent Edwin M.ington, in the District of Columbia, in the ExecStanton, then being Secretary for the Depart- utive Mansion, to a committee of citizens who ment of War, from holding said office and dis- called upon the President of the United States, charging the duties thereof, whereby said An- speaking of and concerning the Congress of the drew Johnson, President of the United States, United States, said Andrew Johnson, President did then and there commit and was guilty of a of the United States, heretofore, to wit., on the high misdemeanor in office. 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:

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'

"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