364 



IMPEACHMENT. 



In reference to the statement made by General Em- 

 ory, that this respondent had approved of said act of 

 Conoress containing the section referred to, the re- 

 spondent admits that his formal approval was given 

 to said act, but accompanied the same by the follow- 

 ing message, addressed and sent with the act to the 

 House of Representatives, in which House the said act 

 originated, and from which it came to respondent : 

 To the House of Representatives : 



The act entitled " An act making appropriations for 

 the support of the Army for the year ending June 30, 1888, 

 and for other purposes," contains provisions to which I 

 must call attention. These provisions are contained in 

 the second section, which, in certain cases, virtually de- 

 prives the President of his constitutional functions as 

 Commander-in-chief of the Army, and in the sixth sec- 

 tion, which denies to ten States of the Union their con- 

 stitutional right to protect themselves, in any emer- 

 gency, by means of their own militia. These provisions 

 are out of place in an appropriation act, but I am com- 

 pelled to defeat these necessary appropriations if I with- 

 hold my signature from the act. Pressed by these con- 

 siderations, I feel constrained to return the bill with my 

 signature, but to accompany it with my earnest protest 

 against the sections which I have indicated. 



WASHINGTON, D. C., March 2, 1857. 



Respondent, therefore, did no more than to express 

 to said Emory the same opinion which he had so ex- 

 pressed to the House of Eepresentatives. 



ANSWER TO ARTICLE X. 



And in answer to the tenth article and specifica- 

 tions thereof, the respondent says that on the 14th 

 and 15th days of August., in the year 1866, a political 

 convention of delegates from all or most of the 

 States and Territories of the Union was held in the 

 city of Philadelphia, under the name and style of the 

 National Union Convention, for the purpose > of main- 

 taining and advancing certain political views and 

 opinions before the people of the United States, and 

 for their support and adoption in the exercise of the 

 constitutional suffrage, in the elections of Eepresent- 

 atives and Delegates in Congress, which were soon to 

 occur in many of the States and Territories of the 

 Union : which said convention, in the course of its 

 proceedings, and in furtherance of the objects of 

 the same, adopted a " declaration of principles " and 

 " an address to the people of the United States," and 

 appointed a committee of two of its members from 

 each State, and of one from each Territory, and one 

 from the District of Columbia, to wait upon the 

 President of the United States and present to him a 

 copy of the proceedings of the convention ; that on the 

 18th day of said month of August, this committee wait- 

 ed upon the President of the United States, at the Ex- 

 eeutive Mansion, and was received by him in one of 

 the rooms thereof, and by their chairman, Hon. Bev- 

 erdy Johnson, then and now a Senator of the United 

 States, acting and speaking in their behalf, presented 

 a copy of the proceedings of the convention, and ad- 

 dressed the President of the United States in a speech, 

 of which a copy (according to a published report 

 of the same, and as the respondent believes substan- 

 tially a correct report), is hereto annexed as a part of 

 this answer, and marked Exhibit C. 



That thereupon and in reply to the address of said 

 committee by their chairman, this respondent ad- 

 dressed the said committee so waiting upon him in 

 one of the rooms of the Executive Mansion ; and 

 this respondent believes that this his address to said 

 committee is the occasion referred to in the first spe- 

 cification of the tenth article ; but this respondent 

 does not admit that the passages therein set forth, as 

 if extracts from a speech or address of this respond- 

 ent upon said occasion, correctly or justly present 

 his speech or address upon said occasion, but, on the 

 contrary, this respondent demands and insists that if 

 this honorable court shall deem the said article and the 

 said first specification thereof to contain allegation of 

 matter cognizable by this honorable court as a high 

 misdemeanor in office, within the intent and meaning 

 of the Constitution of the United States, and shall 



receive or allow proof in support of the same, that 

 proof shall be required to be made of the actual 

 speech and address of this respondent on said occa- 

 sion, which this respondent denies that said article 

 and specification contain or correctly or justly rep- 

 resent. 



And this respondent, further answering the tenth ar- 

 ticle and specifications thereof, says that at Cleveland, 

 in the State of Ohio, and on the 3d day of Septem- 

 ber, in the year 1866, he was attended by a large assem- 

 blage of his fellow-citizens, and in deference and 

 obedience to their call and demand he addressed them 

 upon matters of public and political consideration: 

 and this respondent believes that said occasion and 

 address are referred to in the second specification 

 of the tenth article ; but this respondent does not ad- 

 mit that the passages therein set forth, as if extracts 

 from a speech of this respondent on said occasion, 

 correctly or justly present nis speech or address upon 

 said occasion ; but, on the contarary, this respondent 

 demands and insists that if this honorable court shall 

 deem the said article and the said second specifica- 

 tion thereof to contain allegation of matter cogniza- 

 ble by this honorable court as a high misdemeanor in 

 office within the intent and meaning of the Constitu- 

 tion of the United States, and shall receive or allow 

 proof in support of the same, that proof shall be re- 

 quired to be made of the actual speech and address 

 of this respondent on said occasion, which this re- 

 spondent denies that said article and specification 

 contain or correctly or justly represent. 



And this respondent, further answering the tenth ar- 

 ticle and the specifications thereof, says that at St. Lou- 

 is, in the State of Missouri, and on the 8th day of Sep- 

 tember, in the year 1866, he was attended by a numer- 

 ous assemblage of his fellow-citizens, and in deference 

 and obedience to their call and demand he addressed 

 them upon matters of public and political considera- 

 tion ; and this respondent believes that said occasion 

 and address are referred to in the third specification of 

 the tenth article ; but this respondent does not admit 

 that the passages therein set forth, as if extracts from 

 a speech of this respondent on said occasion, correctly 

 or justly present his speech or address upon said oc- 

 casion ; but, on the contrary, this respondent de- 

 mands and insists that if this honorable court shall 

 deem the said article and the said third specification 

 thereof to contain allegation of matter cognizable by 

 this honorable court as a high misdemeanor in office, 

 within the intent and meaning of the Constitution of 

 the United States, and shall receive or allow proof in 

 support of the same, that proof shall be required to 

 be made of the actual speech and address of this re- 

 spondent on said occasion, which this respondent de- 

 nies that the said article and specification contain or 

 correctly or justly represent. 



And this respondent, further answering the tenth 

 article, protesting that he has not been unmindful of 

 the high duties of his office, or of the harmony or 

 courtesies which o]ught to exist and be maintained be- 

 tween the executive and legislative branches of the 

 Government of the United States, denies that he has 

 ever intended or designed to set aside the rightful au- 

 thority or powers of Congress, or attempted to bring 

 into disgrace, ridicule, hatred, contempt, or reproach, 

 the Congress of the United States, or either branch 

 thereof, or to impair or destroy the regard or respect 

 of all or any of the good people of the United States 

 for the Congress or the rightful legislative power- 

 thereof, or to ^excite the odium or resentment of all 

 or any of the good people of the United States, 

 against Congress, and the laws by it duly and consti- 

 tutionally enacted. This respondent further say^s 

 that at all times he has, in his official acts as Presi- 

 dent, recognized the authority of the several Con- 

 gresses of the United States, as constituted and 

 organized during his administration of the office of 

 President of the United States. 



And this respondent, further answering, says that 

 he has, from time to time, under his constitutional 



