12, 1867]. 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 . . . [January 13, 1868]. . ., 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 . . . [the Tenure of Office Act]. . ., 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 twenty-first 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., February 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 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 Tenure of Office Act] . . ., 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.

[Agreed to, 127 to 42, 20 not voting.]

ARTICLE II. That on said twenty-first day of February [1868] .. at Washington, . . . said Andrew Johnson . 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 . . . [the Tenure of Office Act]

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,

To Brevet Major General LORENZO THOMAS,

ANDREW JOHNSON.

Adjutant General U.S. Army, Washington, D.C.

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.

[Agreed to, 124 to 41, 24 not voting.]

ARTICLE III. That said Andrew Johnson, . . . [on February 21, 1868]. .., at Washington, . . . 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. . . . [Agreed to, 124 to 40, 25 not voting.]

...

ARTICLE IV. That said Andrew Johnson, . . . [on February 21, 1868]. . ., at Washington, at Washington, . . . 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 . . . [the Conspiracy Act of July 31, 1861]. [Agreed to, 127 to 42, 20 not voting.]

...

ARTICLE V. That said Andrew Johnson, . . . [on February 21, 1868] . . ., and on divers other days and times in said year [before March 2, 1868] . . ., at Washington, . . . did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, to prevent and hinder the execution of . . . [the Tenure of Office Act] . . . 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 . . . [Agreed to, 127 to 42, 20 not voting.]

..

ARTICLE VI. That said Andrew Johnson, . . . [on February 21, 1868]. . ., at Washington, at Washington, . . . 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 . . . [the act of July 31, 1861] . . ., and with intent to violate and disregard. . . [the Tenure of Office Act]. . . [Agreed to, 127 to 42, 20 not voting.]

ARTICLE VII. That said Andrew Johnson,

[on February

21, 1868] .. at Washington, . . . 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 Tenure of Office Act]. . .

[Agreed to, 127 to 42, 20 not voting.]

ARTICLE VIII. That said Andrew Johnson, . . . with intent unlawfully to control the disbursements of the moneys appropriated for the military service and for the Department of War, . . . [on February 21, 1868] . . ., at Washington, did unlawfully and contrary to the provisions of . . . [the Tenure of Office Act]. . ., 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:

[Here follows the letter of appointment as in Article II.] [Agreed to, 127 to 42, 20 not voting.]

ARTICLE IX. That said Andrew Johnson, . . . [on February 22, 1868]. . ., at Washington,. . . in disregard of the Constitution and the laws of the United States duly enacted, as commander-inchief 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 . . . [the Army Appropriation Act of March 2, 1867] . . ., especially the second section thereof,

. . 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 Tenure of Office Act] . . ., and to unlawfully prevent Edwin M. Stanton, then being Secretary for the Department of War, from holding said office and discharging the duties thereof

[Agreed to, 108 to 4. 40 not voting.]

...

ARTICLE X. That said Andrew Johnson, . . . 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 August 18, 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:

SPECIFICATION FIRST. In this, that at Washington, . . . in the Executive Mansion, to a committee of citizens who called