UNITED STATES. 



743 



bia for the issue of a writ commanding the ar- 

 rest of General Thomas for the following rea- 

 sons: 



And the said E. -M. Stanton, on oath, further states 

 that on the said 21st of February, 1868, in the city of 

 Washington aforesaid, Andrew Johnson, President 

 of the United. States, made and issued an order in 

 writing, under his hand, with the intent and purpose 

 of removing him, the said Edwin M. Stanton, from 

 said office of Secretary for the Department of "War, 

 and authorizing and empowering Lorenzo Thomas, 

 Adjutant-General of the Army ol the United States, 

 to act as Secretary of War ad interim, and directing 

 him, the said Thomas, to immediately enter upon the 

 discharge of the duties pertaining to that office ; and 

 your affiant further states that said pretended order, 

 of removal of him from the said office of Secretary for 

 the Department of War is wholly illegal and void, and 

 contrary to the express provisions of an act duly passed 

 hy the Congress of the United States on the 22d 

 of March, 1867, entitled "An act regulating the ten- 

 ure of certain civil offices ;" and your affiant, on oath, 

 further states that the said Lorenzo Thomas did, on 

 the said 21st day of February, 1868, in said city of 

 Washington, accept the said pretended appointment 

 of Secretary of War ad interim, and on the same day 

 left with your affiant a copy or said pretended order 

 of the President removing your affiant as Secretary 

 of War and appointing the said Lorenzo Thomas Sec- 

 retary of War ad interim, certified by the said Lorenzo 

 Thomas, under his own hand, as Secretary of War ad 

 interim; and on the same 21st day of February, in 

 1868, in the city of Washington aforesaid, the said Lo- 

 renzo Thomas delivered to your affiant the said pre- 

 tended order of Andrew Johnson, with intent to cause 

 your affiant to deliver to him, the said Thomas, all 

 the records, books, papers, and other public property 

 now in his, the affiant's, custody as Secretary of "War ; 

 and your affiant further states, on oath, that he is in- 

 formed and believes that the said Thomas has, in said 

 city of Washington, exercised and attempted to exer- 

 cise the duties of Secretary of War, and to issue or- 

 ders as such ; and your affiant is also informed and 

 believes that the said Lorenzo Thomas gives out and 

 threatens that he will forcibly remove your complain- 

 ant from the building and apartments of Secretary of 

 War in the War Department and forcibly take pos- 

 session and control thereof, under his said pretended 

 appointment, by the President of the United States, 

 as Secretary of War ad interim ; and your affiant al- 

 leges that the appointment under which the said 

 Thomas claims to act and to hold and perform the 

 duties of Secretary of War is wholly unauthorized and 

 illegal, and that the said Thomas, by accepting such 

 appointment and thereunder exercising and attempt- 

 ing to exercise the duties of Secretary of War, has 

 violated the provisions of the fifth section of the act 

 above referred to, and thereby has been guilty of a 

 high misdemeanor and subjected himself to the 

 pains and penalties prescribed in .said fifth section 

 against any person committing such offence. There- 

 upon your affiant prays that a warrant be issued 

 against the said Lorenzo Thomas, and that he may 

 be thereupon arrested and brought before your Honor, 

 whereupon he may be dealt as to law and justice in 

 such case appertains. 



[Signedf EDWIN M. STANTON. 



Sworn and subscribed before me, the 21st day of 

 February, A. D. 1868. 



D. K. CAETEE, Chief Justice. 



General Thomas was arrested on the 22d, 

 and was released on his own recognizance. On 

 the same day, a resolution, impeaching the 

 President for high crimes and misdemeanors, 

 was offered in the House of Representatives 

 and adopted (see page 138, and also IMPEACH- 

 MENT). The knowledge of these proceedings 



created an unusual excitement throughout the 

 country. The following dispatch from the 

 Governor of Illinois was addressed to a mem- 

 ber of the House, during the debate on the 

 22d of February : 



EXECUTIVE DEPARTMENT, | 

 SPRINGFIELD, ILL., February 22, 1868. ) 

 The usurpations of Andrew Johnson have created 

 a profound sensation in the State. His last act is the 

 act of a traitor. His treason must be checked. The 

 duty of Congress seems plain. The people of Illi- 

 nois attached to the Union, I firmly believe, will' de- 

 mand his impeachment, and will heartily sustain such 

 action by our Congress. The peace of the country 

 is not to be trifled with by that presumptuous dema- 

 gogue. We know the national Congress will proceed 

 wisely and cautiously, but let it proceed. Millions 

 of loyal hearts are panting to stand by the stars and 

 stripes. Have no fear ; all will be well. Liberty 

 and order will again triumph. 



B. J. OGLESBY, Governor. 



The following was sent on the same day 

 from the Governor of Pennsylvania : 

 Hon. Simon Cameron. United States Senate. Washing- 

 ton, D. a. : 



The news to-day has created a profound sensation 

 in Pennsylvania. The spirit of 1861 seems again to 

 pervade the Keystone State. Troops are rapidly 

 tendering their services to sustain the laws. Let 

 Congress stand firm. JOHN W. GEAEY. 



Public meetings to sustain the President in 

 his action were held in New York and Phila- 

 delphia, but were of little importance. 



Upon the acquittal of the President, Mr. 

 Stanton immediately addressed the following 

 note to him : 



WAR DEPARTMENT, ) 

 WASHINGTON CITY, May 26, 1868. ) 



SIR : The resolution of the Senate of the United 

 States of the 21st of February last, declaring that the 

 President has no power to remove the Secretary of 

 War and designate another officer to perform the du- 

 ties of that office ad interim, having this day failed 

 to be supported by two-thirds of the Senate present 

 and voting upon the articles of impeachment preferred 

 against you by the House of Eepresentatives, I have 

 relinquished charge of the War Department, and have 

 left the same, and the books, archives, papers, ,ancl 

 property in my custody, as Secretary of War, in care 

 of Brevet Major-General Townsend, the senior As- 

 sistant Adjutant-General, subject to your direction. 

 EDWIN M. STANTON, 



To the President, Secretary of War. 



Major-General JohnM. Scbofield succeeded to 

 the position of Secretary of War. His name was 

 sent into the Senate by the President as in 

 the place of " E. M. Stanton, removed." The 

 following preamble and resolution were there- 

 fore adopted by the Senate: 



Whereas, The order of the President removing 

 Secretary Stanton from office was unconstitutional 

 and illegal, but on account of Mr. Stanton having on 

 Tuesday relinquished said office ; therefore 



Resolved, That the Senate do advise and consent to 

 the appointment of General Schofield. 



The act for the reconstruction of the South- 

 ern States, first passed by Congress, provided 

 that the constitutions to be submitted to the 

 people should be adopted by a majority of the 

 voters as registered. It soon became evident 

 that in no case would such a majority be given, 

 and, in the session of 1867-'68, a supplemental 



