354 



IMPEACHMENT. 



AETICLE 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 military- 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 Sec- 

 retary for the Department of War, with intent to vio- 

 late 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 : 



[Same as in Article II.] 



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 22d day of February, in the year of our 

 Lord 1868, at Washington, in the District of Colum- 

 bia, 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 Washing- 

 ton 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 pur- 

 poses," especially the second 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 unconstitu- 

 tional, 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 in- 

 duce said Emory, in his official capacity as commander 

 of the department of Washington, to violate the pro- 

 visions or said act, and to take and receive, act upon, 

 and obey such orders as he, the said Andrew John- 

 son, might make and give, and which should not be 

 issued through the General of the Army of the Uni- 

 ted 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 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, where- 

 by 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 Uni- 

 ted 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 re- 

 gard 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 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 Magis- 

 trate of the United States, did, on the 18th day of 

 August, in the year of our Lord 1836, and on divers 

 other days and times, as well before as afterward, 

 make and deliver, with aloud voice, certain intemper- 

 ate, 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 within 

 hearing, which are set forth in the several specifica- 

 tions hereinafter written, in substance and effect, that 

 is to say : 



[Here are set out three specifications, quoting parts 

 of speeches alleged to have been made by the Presi- 

 dent, August 15, September 3, and September 8, 

 1866.] 



Which said utterances, declarations, threats, and 

 harangues, highly censurable in any, are peculiarly 

 indecent and unbecoming in the Chief Magistrate of 

 the United States, by means whereof said Andrew 

 Johnson has brought' the high office of the President 

 of the United States into contempt, ridicule, and dis- 

 grace, to the great scandal of all good citizens, where- 

 by said Andrew Johnson, President of the United 

 States, did commit and was then and there guilty of 

 a high misdemeanor in office. 



ARTICLE XI. 



That said Andrew Johnson, President of the Uni- 

 ted States, unmindful of the high duties of his office 

 and of his oath of office, and in disregard of the 

 Constitution and laws of the United States, did here- ' 

 tofore, to wit : on the 18th day of August, 1866. at 

 the city^of Washington, in the District of Columbia, 

 by public speech, declare and affirm in substance 

 that the Thirty-ninth Congress of the United States 

 was not a Congress of the United States authorized 

 by the Constitution to exercise legislative power un- 

 der the same, but, on the contrary, was a Congress 

 of only part of the States, thereby denying and in- 

 tending to deny that the legislation of said Congress 

 was valid or obligatory upon him, the said Andrew 

 Johnson, except in so far as he saw fit to approve the 

 same, and also thereby denying and intending to deny 

 the power of said Thirty-ninth Congress to propose 

 amendments to the Constitution of the United States ; 

 and, in pursuance of said declaration, the said An- 

 drew Johnson, President of the United States, after- 

 ward, to wit: on the 21st day of February, 1868, 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, 2, 1867, 

 by unlawfully devising and contriving, and attempting 

 to devise and contrive, means by which he- shouldpre- 

 vcnt 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 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 at- 

 tempting to devise and contrive, means then and 

 there to prevent the execution of an act entitled 

 "An act making appropriations for the support of 



