Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1868-03-31
mpeachment--The Presidents Answer

and said:
| In obedience to the order of the Senate on
| the last day, we are here with our answer. We
have abandoned our clients and our business,
| in order to devote every hour to the case, and
it is matter of regret that the honorable court
| did not allow them more time for preparation.
Nevertheless, such as it was they would present
| it.
Judge Curtiss then read the answer, substan-
TALLY as follows:
| THE ANSWER OF ANDREW JOHNSON TO THE
ARTICLE OF IMPEACHMENT.
| In answer to the first article respondent says,
that Secretary Stanton was appointed by Abra-
! ham Lincoln, and was permitted by the laws of
of the President. By act of 1889, it was enact
ed that said Secretary shall perform such duties
as shall be assigned him by the President, and
! that he shall conduct his business in such
manner as the President from time to time may
direct. Respondent further answers that in ac-
cordance with the practice of each and every
President of the United States. said Stanton
became his advisor, aud that he succeeded to
the office Of President by reason of the death of
Abraham Lincoln, and the said Stanton held
his commission under President Lincoln, and at
no time received any appointment or commits
| sion from him, save in mere matters OF detail
1
| 1867, he became convinced that he could not
suffer Stanton to hold office without detriment
| to the public interests, and thereupOn, by force
| of the Constitution and laws of the United
| States and virtue of the power and authority
vested in him by the Constitution and laws, did
send him the following note Counsel read
| the letter aforesaid, aud Mr.. Stanton's reply
| thereto. Whereupon the respondent further
says that it became the official duty of the Presi
do
and duties in such case, and that he thereupon
examined all the presidents In the case, and
found that from the 18th to the 30th Congress
he found that he had the power at any and all
times to remove any of his executive powers. =
He further consulted with his Cabinet officers,
and had been advised that he had the authority
to remove him. Whereupon, being both able
and willing to exercise his judgment in such
case, he did consider the matter, aud deterlnin
ed to, and from his Judgment thereon is. In
1867, the tenure of-ofhce law was passed. Re
spondent understood that it was an expression
of the views of that Congress, though he
believed it in conflict with the Constitution of
the United States
And he further answers that in the construc-
ton OF these laws and questions it was necessary
that they should be submitted to the highest
judicial court OF the United otates and to these
ends, LIST, that Through the active duty of the
President to substitute an officer for Mr.. Stan
top. ard Cd, ii this duty could not be SO per-
formed that these questions should be judicia!ly
determined, this respondent did suspend MIR.
Stanton from Office. Counsel read the letter
of President, and NJ, stsptoI' leply.l
Respondent iurtAer answers that in pursu-
ance Of his Intention and design to discharge
his duty that he submitted his action on the
18th day Of December to the aanase, in the
f+anf r .,l 11;a(
And he further answers that whereas under the
action OF the Senate IN refusing to sustain his
suspension, he was obliged to take sach steps
as would raise the question of his right to re-
main in office, and brief it before the courts fer
adjudication in accordance With tho provisions
Of the CONSTITUTION and, therefore, oh the
I'D III February, he did proceed to remove him,
and in so doing he denies that he intended to
violate the SECOND seetian Of the tenure of office
Law or that it was a violation. He denies that
he intended Or did violate the Constitution, and
that he acted solely in accordance with his views
of his official duty, and prayed that the Court
would take the question Of his decision lato son
sideration. 'ei.'' T. 80
;. MIR: Strawberry then proceeded to read the re
ply to the second article. Respondent admits
that the order OF 2lst Of February was issued
without the consent or advice OF the Senate, but
denied that it was violation of the law. He
further answers that there was vacancy in the
Office Of Secretary of War, and that he had the
right to appoint General Thomas under the
Constitution. go
Ia answer to third article he abides by his
answers to first and second so far as the alIega-
tons contained in them are pertinent thereto :
He denies that his order to Thomas amounted
to sn order in the legal and constitutional mean
ing Of that word.
In answer to fourth article, he denies that be
did unlawfully conspire with Thomas OF others
to prevent CT hinder Stanton from holding Office
as Secretary4of War, Or that he was guilty of a
high crime or misdeameanor. He denies that
Stanton was Secretary Of War at that time, aud
that he did net advise Thomas or any other per-
son Or persons to use any coercion to obtain pos
session of the Department Of War, that no force
was used by Thomas Ill obedience to the Presi-
dent, and was no agreement between him and
Thomas to use any force whatever The ale
cations Of said article that there was en- intent
to use force is wholly qaspstained. -
Inasmuch as TO sixth article respondent de-
MES that ne entered at any time with any per.
son or persons into conspiracy to defeat the
operation Of the Tenure of Office Law, and that
there is no statement OF the steps taken in pur-
| suance Of such alleged design.
In answer to seventh article, he denies that
he attempted at any time to take possession Of
the property Of the War Department; that he
did not commit a crime and misdemeanor, and
refers to other articles to show his intent.
In answer to eight. article, be denies that he
made an attempted take possession of money
and records of the War Department. that he
acted in constitutional manner.
In answer to ninth article, Mr. Stanbery read
Presidents note to Gen. Emory, and stated
that the President merely wished to consult
with Emory on some matters pertaining to the
administration OF his department Gen Emory
called his 1.-THE Presidents attention to the law
directing that orders to the army shall be sent
| through Gen. Grant, to which the President
replied that he considered it in conflict with the
| Constitution. The article, after detailing the
conversation hetVeen tae President and General
| Emory, denied the allegation that The respon-
| dent had attempted to interfere with or inAu-
| ence Gen. Emory In an unconstitutional man
ner, and that his opinion there expressed was
what he honestly and sincerely believed.
| Mr.. EVarts then proceeded to read the an
swer to the tenth article The article gave the
| history Of the committee and stated that, in re-
ply to the address Of the committee, he made
certain remarks. He denied that he was cor
rectly reported on that occasion, and that the
remarks attributed to him are not his precise
words. He also denied that the speech attr-
buted to him at Cleveland was correct, and that
as contained IN the articles of impeachment
! give true representation Of his meaning, Re-
| spondent also denies the accuracy of the ST.
Louis speech, and begs that if admitted it shall
he All considered and no nart IF r. ovnunro1