Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-02

persons, to the House OF Representatives
unknown, and by force, 70 prevent and
hinder the execution Of an act entitled .san
act to regulate the tenure of certain civil
ofnces, passed March 81, 1867, and In pur.
suance of said conspiracy, did attempt to
prevent Edwin NJ. Stanton, then and there
Secretary for the Department of War. dulv
appointed and commissioned under the
laws OF the United States, from holding
said office, whereby, the said Andrew
johnson, President of the United States.
did then and there commit, and was guilty
of high misdemeanor in offlce.
Article VI-That the said Andrew john
son, President of the United States, un-
mindful Of the duties of his high Office,
aud OF his oath of office. IN the 21st day Of
February. in the year of our Lord, 1858,
at Washington, In the District OF Columbia
did unlawfnlly conspire with one Lorenzo
Ihomas, by force to seize and take posses
sion OF the property of the United States
In the War Department. contrary to the
provisions of an act entitled ian act tn de-
fine and punish certain. conspiracies," ap-
proved July 81, 1861. and with intent to
violate and disregard an act entitled IAN
act reg pulating the tenure of certain civil
Offices" passed March O. 1867, whereby
said Andrew johnson, President Of the
United States. did then and there commit
a high crime in office.
Article VII-That said Andrew johnson,
President of the United States, unmindful
of the high duties of his Office and of his oath
of office, OIL the 2lst day of February. In
the year of our Lord, 1868. and on divers
other DAYS in said year. before the 2Sth day
of said February, at Washington, Ia the
District of Columbia, did unlawfully con-
spire with one Lorenzo Thomas to prevent
and hinder the execution of an act of the
Congress of the United States, entitled ian
act regulating the tenure of certain civil
off 1897 nd In rsrrr
suance of said conspiracy did unlawfully
attempt to prevent E Twin M. Stanton, then
and there being Secretary of the Depart
ment of War, under the laws OF the United
States, from holding said office, to which he
had been duly appointed and commission
ed, whereby said Andrew johnson, Presi-
dent of the United States, did then and
demeanor in office. -.
Article VIII.-That said Andrew john
son, President of the United States, un-
mindful of the high duties Of his Office. and
of his oath of Office, on the 2lst day ofFeb-
ruary, in the year of our Lord 1855, at w ash.
lngton, in the District of Columbia, did un-
lawfully conspire with one Lorenzo Thom-
as, to seize and take possession of the pro-
perty of the United States, in the War De-
partment, with intent to violate and disre-
gard the act entitled ian act regulating
the tenure of certain civil Offices" passed
March 2l, 1867, whereby said Andrew john
son, President of the United States, did
then and there commit high misdemeahor
in office. e1sl rt
Article IX-That said Andrew johnson.
President OF the United States, unmindful
of the high duties of his office, and his
oath of Office, with intent unlawfully to
control the disbursement of moneys ap-
propriated for the military service, and for
the Department of War, on the 2lst day OF
TNnhr. s.,k 81, nfA m n Nd -
Washington. in the District of Columbia,
did unlawfully and contrary to the provis-
ions of an act entitled ian act regulating
the tenure of certain civil Offices" passed
March ID, 1867, and in violation OF the
Constitution OF the United States, and
while the Senate was then and there in
session. there being no vacancy in the
of War, appointed Lorenzo Thomas
Secretary of War ad interim, and
then and there delivered to said Lorenzo
Thomas letter of authority in writing in
substance as follows: Here follows the
same order as above to Gen. Thomasl-
Whereby said Andrew johnson. President
of the U. s., did then and there commit and
was guilty OF high misdemeanor In
Office.
Article X.-That said Andrew johnson.
President of the United States, on the %
day of February, in the year of our Lord
1858. at Washington, in the District of Co
lumbia, in disregard of the Constitution
and the laws OF Congress duly enacted, as
T. .mmander-in-Chief of the army of the
United States. did bring before himself
then and there William II, Emery, Ma
jor General by brevet in the army of the
United States, actually in Command of the
Department of Washington and the mill
tary forces thereof and did then ar d there,
as such Commander-in-Ch Chief, declare and
Al~~N kI~-k - oG
law of the United States passed March I'd.
1867, entitled IAN act making appro-
priations for the support of the army for
the year ending June 80, 1868, and
for other purposes" especially the second
section thereof which provides, among
other things, that all orders and instruc-
tions, relating to military operations is
sued by the President or Secretary of War,
shall be issued through the General of the
army, and in case of his inability, through
the next in rank, was unconstitutional aud
in contravention of the commission of said
Emery, and therefore not binding on him
as an officer in the army of the United
States; which said provision of law
had been heretofore duly and
legally promulgated by gem
eral order, for the government and di-
rection of the army of the United States,
as the said Auurew Johnson, then and
there well knew. with intent thereby to
induce said Emery, in his Off, ial capacity,
as commander of the Department of WASH
ington. to violate the provisions OF said
act. and take, and receive, and act upon
and obey such orders as he, the said An
drew johnson, might make and give, and
which should not be issued through the
General of the Army of the United States,
according to the provision of the said act,
whereby said Andrew johnson, President
of the United States. did then and there
commit and was guilty of high misde-
meanor in office.
And the House of Representatives. by
protestation, saving to themselves the lib
erty of exhibiting at any time hereafter
any further articles or further accusations
against the said Andrew johnson, Presi-
dent of the United States; and also of re-
plying to his answers, which he shall make
to the articles herein preferred against him,
and offering proof to the same, and every
part thereof, and to all and every other ar
ticle, accusation or impeachment which
shall be exhibited by them, as the case shall
require, do demand that the said Andrew
johnson may be put to answer the high
crimes and misdemeanors in Office herein
charged against him, and that such pro-
ceeuings, examinations, trials and judg-
ments may be thereupon had and given as
may be agreeable to law and justice. .snsf5
The reading of the articles having been
completed, Eldridge sought the floor. but
the Speaker declined to recognize him, and
the House went into Committee of the
Whole, Washburne, of His, in the chair, in
conformity with previous order from the
House, for the consideration of the articles
of impeachment. Boutwell, state,lth that the
articles, except the 10th, were founded on
proof before the House; that the 10Th
article was founded on the testi-
mony OF General Emery. Ate r
explaining the articles to some extent,
Boutwell, said the committee had no par
ticular regard as to the articles, and would
be governed by the decision of the House.
Burr, Randall, Van Anken and Morgan
spoke against, and Boutwell,, Allison,
Myers, Lawrence, OF Ohio, Stevens and N
H. Mullins. for impeachment. Mr.. Jencks