366 



IMPEACHMENT. 



Constitution to exercise legislative power under the 

 same, or that he did then and there declare or affirm 

 that the said Thirty-ninth Congress was a Congress 

 of only part of the States in any sense or meaning 

 other than that ten States of the Union were denied 

 representation therein ; or that he made any or either 

 of the declarations or affirmations in this behalf, in 

 the said article alleged, as denying or intending to 

 deny that the legislation of said Thirty-ninth Con- 

 gress was valid or obligatory upon this respondent, 

 except so far as this respondent saw fit to approve 

 the same ; and as to the allegation in said article, that 

 he did thereby intend or mean to be understood that 

 the said Congress had not power to propose amend- 

 ments to the Constitution, this respondent says that 

 in said address he said nothing in reference to the 

 subject of amendments of the Constitution, nor was the 

 question of the competency of the said Congress ^ to 

 propose such amendments, without the participation 

 of said excluded States, at the time of said address, 

 in any way mentioned or considered or referred to by 

 this respondent, nor in what he did say had he any 

 intent regarding the same, and he denies the alle- 

 gation so made to the contrary thereof. But this re- 

 spondent, in further answer to, and in respect of, the 

 said allegations of the said eleventh article hereinbe- 

 fore traversed and denied, claims and insists upon his 

 personal and official right of freedom of opinion and 

 treedom of speech, and his duty in his political rela- 

 tions as President of the United States, to the people 

 of the United States, in the exercise or such freedom 

 of opinion and freedom of speech, in the same man- 

 ner, form, and effect as he has in this behalf stated 

 the same in his answer to the said tenth article, and 

 with the same effect as if he here repeated the same ; 

 and he further claims and insists, as in said answer to 

 said tenth article he has claimed and insisted, that he 

 is not subject to question, inquisition, impeachment, 

 or inculpation, in any form or manner, of or con- 

 cerning such rights of freedom of opinion or freedom 

 of speech, or his said alleged exercise thereof. 



And this respondent further 'denies that, on the 

 21st day of February, in the year 186S : or at any 

 other time, at the city of Washington, in the Dis- 

 trict of Columbia, in pursuance of any such declara- 

 tion as is in that behalf in said eleventh article al- 

 leged, or otherwise, he did unlawfully, and in disregard 

 of the requirement of the Constitution that he should 

 take care that the laws should 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 or con- 

 triving, or attempting to devise or contrive, means 

 by which he should prevent Edwin M. Stanton from 

 forthwith resuming the functions of Secretary for the 

 Department of War; or by unlawfully devising or 

 contriving, or attempting to devise or contrive, 

 means to prevent the execution of an act entitled 

 " An act making appropriations for the support of 

 the Army for the fiscal year ending June 30, 1868, 

 and for other purposes," approved March 2, 1867, or 

 to prevent the execution of an act entitled " An act 

 to provide for the more efficient government of the 

 rebel States," passed March 2, 1867. 



And this respondent, further answering the said 

 eleventh article, says that he has, in his answer to 

 the first article, set forth in detail the acts, steps, and 

 proceedings done and taken by this respondent to 

 and toward or in the matter of the suspension or re- 

 moval of the said Edwin M. Stanton in or from the 

 office of Secretary for the Department of War, with 

 the times, modes, circumstances, intents, views, pur- 

 poses, and opinions of official obligation and duty, 

 under and with which such acts, steps, and proceed- 

 ings were done and taken ; and he makes answer to 

 this eleventh article, of the matters in his answer to 

 the first article, pertaining to the suspension or re- 

 moval of said Edwin M. Stanton, to the same intent 

 and effect as if they were here repeated and set 

 forth. 



And this respondent, further answering the said 

 eleventh article, denies that by means or reason of 

 any thing in said article alleged this respondent as 

 President of the United States, did, on the 21st day 

 of February, 1868, or at any other day or time, com- 

 mit, or that he was guilty of a high misdemeanor in 

 office. 



And this respondent, further answering the said 

 eleventh article, says, that the same and the matters 

 therein contained do not charge or allege the commis- 

 sion of any act whatever by this respondent, in his 

 office of President of the United States, nor the 

 omission by this respondent of any act of official 

 obligation or duty in his office of President of the 

 United States ; nor does the said article nor the mat- 

 ters therein contained name, designate, describe, or 

 define any act or mode or form of attemptj device, 

 contrivance, or means, or of attempt at device, con- 

 trivance, or means, whereby this respondent can 

 know or understand what act or mode or form of at- 

 tempt, device, contrivance, or means, or of attempt 

 at device, contrivance, or means, are imputed to or 

 charged against this respondent in his office of 

 President of the United States, or intended so to be, 

 or whereby this respondent can more fully or defi- 

 nitely make answer unto the said article than he 

 hereby does. 



And this respondent, in submitting to this honor- 

 able court this his answer to the articles of im- 

 peachment exhibited against him, respectfully re- 

 serves leave to amend and add to the same from 

 time to time, as may become necessary or proper, 

 and when and as such necessity and propriety shall 

 appear. ANDEEW JOHNSON. 



HENRY STANBERY, 



B. Pv. CURTIS, 



THOMAS A. E. NELSON, 



WILLIAM M. EVARTS, 



W. S. GROESBECK, 



Of Counsel. 



There were annexed to the answer, as Ex- 

 hibits A, B, and 0, copies of the message of 

 the President of March 2, 1867 (see AN- 

 NUAL CYCLOPAEDIA, 1867, page 650) ; message 

 of the President, of December 12, 1867 (see 

 ANNUAL CYCLOPAEDIA, 1867, page 744); and 

 the address of Hon. Reverdy Johnson to the 

 President on presenting the resolutions of the 

 Philadelphia Union Convention, August 18, 

 1866 (see ANNUAL CYCLOPAEDIA, 1866, page 

 757). 



Application was then made by the counsel 

 for the President for thirty days' time after 

 the filing of the replication by the managers, 

 for preparation for trial, pending the discus- 

 sion of which the court adjourned to the next 

 day, the 24th of March, on which day the 

 managers on the assembling of the court pre- 

 sented the following replication : 



IN THE HOUSE OF EEPRESENTATIVES, ) 

 UNITED STATES, March 24 ; 1868. j 

 Replication ly the Rouse of Representatives of the 

 united States to tlie answer of ANDREW JOHNSON, 

 President of the United States, to the Articles of 

 Impeachment exhibited against him by the Home of 



The House of Eepresentatives of the United States 

 have considered the several answers of Andrew John- 

 son, President of the United States, to the several 

 articles of impeachment against him by them exhib- 

 ited in the name of themselves, and of all the people 

 of the United States, and reserving to themselves all 

 advantage of exception to the insufficiency of his 

 answer to each and all of the several articles of im- 

 peachment exhibited against said Andrew Johnson, 



