IMPEACHMENT. 



353 



War, which said order for the removal of said Edwin 

 M. Stanton is in substance as follows, that is to say : 



EXECUTIVE MANSION, I 

 WASHINGTON, D. C., February 21, 1868. j 



SIB : By virtue of the power and authority vested in 

 me as President by the Constitution and laws of the Uni- 

 ted States, you are hereby removed from office as Secre- 

 tary 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 a d interim, all records, books, papers, and other 

 public property now in your custody and charge. 



Kespectfully yours, ANDREW JOHNSON. 



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 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 Ed- 

 win M. Stanton from the office of Secretary for the 

 Department of War, the said Edwin M. Stanton be- 

 ing then and there Secretary of War, and being then 

 and there in the due. and lawful execution and dis- 

 charge of the duties of said office, whereby said An- 

 drew Johnson, President of the United States, did 

 then and there commit and was guilty of a high mis- 

 demeanor in office. 



ARTICLE II, 



That on said 21st day of February, in the year of 

 our Lord 1868, at Washington, in the District of Co- 

 lumbia, 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 2, 1867, 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 tho 

 act aforesaid, issue and deliver to one Lorenzo Thom- 

 as a letter of authority, in substance as follows, that 

 is to say : 



EXECUTIVE MANSION, | 

 WASHINGTON, D. C., February 21, 1868. ) 



SIR : Hon. Edwin M. Stanton having this day been re- 

 moved from office as Secretary for the Department of War, 

 you are hereby authorized and empowered to act as Sec- 

 retary 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 LOBENZO THOMAS, Adjutant- 

 General United States Army, Washipgton, D. C. 



then and there being no vacancy in said office of Sec- 

 retary 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 mis- 

 demeanor 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 Colum- 

 bia, 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 re- 

 cess of the Senate, and no vacancy existing in said 

 office at the time, and which said appointment, so 

 VOL. vin. 23 A 



made by said Andrew Johnson, of said Lorenzo Thom- 

 as, is in substance as follows, that is to say : 

 [Same as in Article II.] 



ARTICLE IV. 



That said Andrew Johnson, President .of the Uni- 

 ted States, unmindful of the high duties of his office, 

 and of his oath of office, in violation of the Consti- 

 tution and laws of the United States, on the 21st day 

 of February, in the year of our Lord 1868, at Wash- 

 ington, in the District of Columbia, did unlawfully 

 conspire with one Lorenzo Thomas, and with other 

 persons, to the House of Kepresentatives 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 Constitu- 

 tion of the United States, and of the provisions of an 

 act entitled " An act to define and punish certain con- 

 spiracies," approved July 31. 1861, whereby said An- 

 drew 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 Uni- 

 ted 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, A. D.^1868, at Washington, in the District of 

 Columbia, did unlawfully conspire with one Lorenzo 

 Thomas ; and with other persons to the House of Eep- 

 resentatives unknown, to prevent and hinder the ex- 

 ecution of an act entitled " An act regulating the 

 tenure of certain civil offices," passed March 2, 1867, 

 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 United States, 

 did then and there commit and was guilty of a high 

 misdemeanor in office. 



ARTICLE VI. 



That said Andrew Johnson, President of the Uni- 

 ted 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 pos- 

 sess the property of the United States in the Depart- 

 ment of War, and then and there in the custody and 

 charge of Edwin M. Stanton, Secretary for said De- 

 partment, contrary to the provisions of an act enti- 

 tled " An act to define and punish certain conspira- 

 cies," approved July 31, 1861, and with intent to 

 violate and disregard an act entitled " An act regu- 

 lating the tenure of certain civil offices," passed 

 March 2, 1867, whereby said Andrew Johnson, Presi- 

 dent of the United States, did then and there commit 

 a high crime in office. 



ARTICLE VII. 



That said Andrew Johnson, President of the Uni- 

 ted 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 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. 



