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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.

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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
thought the evidence in the case in-
sufficient to justify a verdict of guilty.
The same, however, cannot be said of
all who voted for conviction.*

Upon the acquittal of Johnson,
Secretary Stanton sent a letter to the
President informing him that as the
resolution of the Senate reinstating
the Secretary had not been supported
by two-thirds of the Senate he had
relinquished the office. The President
had already (April 24) sent the name

of General John M. Schofield to the
Senate "in place of E. M. Stanton,

one will now dispute that the popular estimate of
his character did him very great injustice. It is
equally certain that great injustice was done to
Trumbull, Fessenden, Grimes and other senators
who voted to acquit the President, and gave proof
of their honesty and independence by facing the
wrath and scorn of the party with which they
had so long been identified. The idea of making
the question of impeachment a matter of party
discipline was utterly indefensible and preposter-
ous."- Julian, Political Recollections, p. 318.

closed, and the arguments of counsel
began. Arguments were continued
until May 6, when the case went to the
Senate where the deliberation began
on the 11th.* On the 12th court was
adjourned to the 16th on which day
the first vote was taken (on the elev-
enth article). The President was ac-
quitted on that charge by a vote of 35
to 19. The court then adjourned to
the 26th. Fifty-four members of the
Senate were present on that day
also and voted on the second and
third articles. Thirty-five voted for
conviction and nineteen for ac-
quittal. As a two-thirds major-
ity was
necessary for conviction
the President was acquitted by one
vote.† Those who voted for the
President (many of whom represented Chadsey, President Johnson and Reconstruction,

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* 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.
Cox, Three Decades, pp. 580-594; Storey's Sum-
ner, pp. 346-351; Pierce's Sumner, vol. iv., pp.
350-353; Hart's Salmon P. Chase, pp. 357-361;
Schucker's Chase, pp. 546-559; W. T. Sherman's
Memoirs, vol. ii., pp. 420-434; John Sherman's
Recollections, vol. i., pp. 413-432; McCulloch's
Men and Measures, pp. 378-403; Boutwell's Rem-
iniscences, vol. ii., pp. 96–124; Salter, Life of
Grimes, pp. 336-362; O. J. Hollister, Life of
Schuyler Colfax, pp. 308-318; McPherson's Hand-
book of Politics for 1868, pp. 261–293.

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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

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