394 THE ARTICLES OF IMPEACHMENT. on the 2d of March. They were as follows: (1) Unlawfully ordering the removal of Mr. Stanton, as Secretary of War, in violation of the provisions of the Tenure-of-Office Act; (2) Unlawfully appointing General Lorenzo Thomas as Secretary of War ad interim; (3) Substantially the same as the second charge, with the additional declaration that there was, at the time of the appointment of General Thomas, no vacancy in the office of Secretary of War; (4) Conspiring with Lorenzo Thomas, and other persons to the House of Representatives unknown, to prevent, by intimidation and threats, Mr. Stanton, the legally ap pointed Secretary of War, from holding that office; (5) Conspiring with General Thomas and others to hinder the execution of the Tenure-ofOffice Act, and, in pursuance of this conspiracy, attempting to prevent Mr. Stanton from acting as Secretary of War; (6) Conspiring with General Thomas and others to take forcible possession of the property in the War Department; (7) and (8) Repeated substantially the charges of the conspiracy to prevent the execution of the Tenure-of-Office Act, and for taking possession of the War Department; (9) Charged that the President called before him the commander of the forces in the department at Washington, and declared to him that a law passed on the 30th of June, 1867, directing that "all orders and instructions relating to military operations issued by the President or Secretary of War, shall be issued through the tempted, with a design, to cast aside the authority of Congress, to bring them into disgrace, and to excite the odium and resentment of the people against Congress and the laws they enacted. The second charged that in August, 1866, the President, in a public speech at Washington, declared that Congress was not authorized by the Constitution to exercise legislative powers. The Committee then specified many of the President's offences in endeavoring, by unlawful means, to prevent the execution of laws passed by Congress. Stevens and Boutwell, on behalf of the managers, appeared before the Senate February 25 and in the name of the people of the United States impeached "Andrew Johnson of high crimes and misdemeanors," and demanded of that body to take orders for the accused President to answer the impeachment. The Constitution General of the Army, and in case of his inability, appoints the Senate a jury for the through the next in rank," was unconstitutional, and not binding upon the commander of the department of Washington; the intent being to induce that commander to violate the law and to obey orders issued directly by the President. Two additional charges were presented by the managers* March 3, which were adopted by the House. The first charged that the President had, by inflammatory speeches during his "swing around the circle," at The following members of the House of Representatives were appointed managers of the impeachment case: Thaddeus Stevens, of Pennsylvania; Benjamin F. Butler, of Massachusetts; John A. Bingham, of Ohio; George S. Boutwell, of Massachusetts; James F. Wilson, of Iowa; Thomas Williams, of Pennsylvania; and John A. Logan, of Illinois. " For sover to the first article he says, that Edron, M. Stanton was app Touring the first care of his by coming sind བ་ ་ ིས་ Sy ހ That the office if secretary for a Department of War was creatio by the act of the Fist Congress frist &ession, papoa on the seventh day of Angest A. 2.175/f by this at t it was provided Lenacted that the said Lecretary ofor the Department of Her Shave Comouch the business of the brood Deprintment thale perfouse محرمة to have by the Punisund of the le .5. semeting shall confuch the FIRST DRAFT OF PRESIDENT JOHNSON'S REPLY TO THE ARTICLES OF IMPEACHMENT. JOHNSON ACQUITTED; SCHOFIELD APPOINTED. wherein to prepare an answer to the indictment. Ten days were granted, and the answer was presented on the 23d, but the House of Representatives, the accuser, refused to consider that answer as a vindication. Then the President's counsel asked for a postponement of the trial for 30 days, but only six days were allowed, and on March 30 the trial began. On April 22 the examination of witnesses was 395 but voted for acquittal because they Upon the acquittal of Johnson, of General John M. Schofield to the one will now dispute that the popular estimate of closed, and the arguments of counsel * Beside the works already mentioned, the reader may consult the following for articles of impeachment, arguments and other details of the trial: E. G. Ross, The Johnson Impeachment; T. B. Peterson, The Great Impeachment and Trial of Andrew Johnson; Richardson, Messages and Papers, vol. vi., pp. 709-757, giving official documents; C. E. pp. 127–141; Dunning, Essays, pp. 253–303; S. S. 396 SOUTHERN STATES RATIFY FOURTEENTH AMENDMENT. removed." The Senate thereupon adopted the following resolution: "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.* Mr. Johnson after his acquittal nominated Stanbery for AttorneyGeneral, but the Senate "in a spirit of resentment not altogether praiseworthy or intelligible" rejected him. The President then nominated William M. Evarts, who was confirmed. Stanton was subsequently (December 20, 1869) appointed as associate justice of the Supreme Court by President Grant, but his health had been broken by his labors and by disappointment over the outcome of the impeachment trial and four days later he died, without realizing his most cherished ambition. It will be remembered that seven of the disorganized States-North Carolina, South Carolina, Georgia, Alabama (decreed by Congress to have ratified), Florida, Louisiana, and Arkansas-had ratified their constitutions and chosen State officials and legislatures, and it was only incumbent upon them to ratify the proposed Fourteenth Amendment to resume their positions in the Union. Arkansas was the first to do this (April 6, 1868) and on June 22 Congress passed an act providing for the admission of that State. On now * Schofield, Forty-Six Years in the Army, pp. 413-419. June 25 another act was passed granting admission to the other six States after they had ratified the Fourteenth Amendment, but certain other stipulations with regard to suffrage qualifications were also made. President Johnson vetoed both these measures but they were passed over his veto.* Therefore the legislatures of the other six States were hastily convened and the Amendment was ratified by them. Georgia was compelled to give her solemn pledge that the repudiation article of her new constitution should never be enforced, and upon doing so was admitted. By July 27 the President had issued the necessary procla mations in accordance with the act of June 25, announcing that the Four teenth Amendment had been ratified by the legislatures of these States and they were admitted. So far the work of reconstruction in some of the States was completed, but Virginia, Mississippi and Texas still remained under martial law. On July 28 Secretary of State Seward officially announced that the Fourteenth Amendment had been ratified by the necessary number of States and therefore it became a part of the fundamental law of the land. A week before the impeachment trial was ended, representatives of the Republican or the National Union Republican party met in convention |