The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-03

Denartment of War contrary to and in viola
lation ofthe Constitution OF the United States
and of the provisions OF an act entitled IAN
act to define and punish certain conspiracies,
approved July 81, 1861, whereby said Andrew
Johnson. President OF the United States, did
then and there commit and was guilty of a
high crime in Office.
ARTICLE V.
That said Andrew Johnson, President of the
United States, unmindful of the high duties oil
his Office and of his oath OF Office, on the
twenty-frst day of February, in the year OF
onr lord one Thousand eight hundred and
sixty-clcht, and on divers other days and times
in said year, before the 28th day OF said Febru-
ary, at Washington, in the District OF Column
bia. did unlawfnlly consplre with one Lorenzo
| thomas, and with other persons to the House
| of REPRESENTATIVES unknown, by force to pre-
vent and hinder the execution Of an act en-
titled .:.An act regulating the tenure of certain
civil offices. passed March 2, 1867, and in pur-
suancc of said conspiracy, did attempt to pre-
vent Edwin NJ. Stanton, then and thore being
Secretary for the Department of War, duly
appointed and commissioned under the laws OF
the United States, from holding said Office,
whereby the said Andrew Johnson, President
| of the limited States, did then and there COM
nit and was guilty Of high misdemeanor in
Office.
ARTICLE VI.
That said Andrew johnson, President of the
| United States, unmindful OF the duties Of his
| high Office and OF his oath Of Office, on the
twenty. first day Of February, in the year Of
| our Lord ono thousand eight hundred and
slytv-cicht at Washington, in the District Of
Columbia, did unlawf1ly conspire with ono
Loronzo Thomas, by forco, TO seize, take aud
possess tho property of the United States in
the War Department, contrary to the provi-
sions of an act entitled '.-in act to define and
punish certain conspiracles," approved July 81,
1851, and with intent to violate and disregard
all act cntitled San act regulating the tenure
of certain civil Offices" passed March 2, 1867,
whereby Sid Andrew johnson, President Of
the United States, did then and there commit
high crime in Office.
ARTICLE VII.
That said Andrew Johnson, President OF the
United States, unmndful OF the high duties of
his Office and OF his oath of Office, on the twen-
ty-frst day of February, in the year of our
Lord one thousand eight hundred and sixty
eight and on divers other days in said year,
before the twenty-eiShth day OF said February,
Mt Washington, in the District OF Columbia, did
unlawfully conspire with ono Lorenzo Thomas
to prevent and hinder the execution OF an act.
of the United States, entitled "An act regulat-
ING the tenure OF certain civil Offices" passed
March 2, 1867; and in pursuance of said con-
spiracy did unlawiully attempt to prevent Ed
win Nj. Stanton, then and there being Sccreta-
ry for the Department of War under tho laws
of tho United States, from holding said Office,
To which hy had DeeD duly appointed and COM
mssloned, whereby said Andrew johnson,
President of the United States, did then and
there commit and was guilty ol nlen mlsue-
meanor in office.
ARTICLE VIII
That said Andrew johnson, President of tho
United States, unmndful OF tho high duties OF
his Office and OF his oath OF Office on the
twcnty-iirst day of February, in the year OF
our Lord one Thousand eight hundred and
sixty-eight, ut Washington. i'll the District OF
Columbia, did unlawfully conspire with one
Lorenzo Thomas to seize, take and possess the
property of the United States in the War Dc
mrtmcnt, with intent to violate and disregard
the the act entitled an "Act regulating the tenure
of certain civil offices, passed March 9, 1867,
whereby said Andrew Johnson, President OF
the United States, did then and there Commit
q high misdemeanor in Office.
ARTICLE TX.
That said Andrew. Johnson. -Presidsnt OF tho
United States, unmindful OF the high duties OF
his office, and Of his oath of Office, with intept
uElawlully TO control the disbursements OF the
moneys appropriated for the military service,
and for the d. partlncnt OF war, cn the twenty,
first day OF Febru ry, in tho year Of our Lord
one Thousand eight hundred and sixty-eight,
at Washington, in the District OF Columbia
did ulllawfully and contrary to the provisions
of All act entitled, san act regulating the
tenure of certain civil Offices, passed March
., 1867, and in violation OF the Constit tuton OF
the United States, and without the advice and
consent OF the Senate OF the United States, ana
while the Senate WAS then and there i'll session.
there being 10 vacancy in the Office OF Secrete-
nv for the Department of War, appoint Lorenzo
Thomas Secretary of War I'd l,tcrtna, and
then and there deliver to said Lorenzo Thonas
letter of authority in writing, in substance rs
follows, that Is to say:
EXECUTIVE MANSION, Washington, ID. o.,
February q, 1SGS.-Sir: The Hon. Edwin III.
stanton having been this day removed from
Office as Secretary ior the Department OF War,
you are hereby anthcrlzcd and empowered TO
mel rs Secretary OF War at Wterta, and will
immediately enter upon the discharge OF the
duiics pertaining to that Office.
Alr. Stanton has been instructed to transfer
TO YOU all tlc records, Looks, papers and other
public property, now IN his custody ana
charge. hcspectiuly yours,
ANDREW JOHNSON.
To Broyct Maj General LORENZO THOMAS,
Adiutan; General United States Army, wash
ington, d. c..
Whereby said Andrew johnson, President Of
the United States, did then and thero commit
and was guilty OF Il high misdemeanor III
office.
ARTICLEX.
That said Andrew Johnson, President 0r tho
United States, on the twcnty-5ccond day OF
February. in the year of our Lord ono thou-
sand eight hundred and sixty-cigbt, at Wash
nrtou. in the District of Columbia, in dlsre-
gard of the constitution and the laws OF Con-
grcss duly enacted, rs comniander-ll-chlel OF
the army of the United States, did bring before
himself then and there William Ell. Emory,
maier-general by brevet III the army OF tho
United States, actually in command OF the
Department Of Washington, and The military
forces thereof, and did then and there, as such
commander-ill-chicf,d declare to and insti uct
said Emory that part Uf law OF the United
States, passed March Q, 1867, entitled IAN act
making appropriations for tho support OF the
army for the year ending June 3Oth, 1868, and
for other purposes" especially tho second
section thereof, which provides, among other
things, that ''all orders and instructions
relating to military operations Issued Dy
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, a. q III con-
tratention of tho commission OF SAID Emory,
and, therefore, not binding on him as an oiilccr
in the army of tho United States, which SAID
provision o; Inv had been heretofore duly and
legally promulgated By general order lor the
government and direction or lie army OF the
United States, and the said Andrew johnson
then and there well knew, with lntent thereby
TO induce said Emory in his Official capacity al
commander of tic Department OF Washington
TO violate the PROVISIONS oi SAID act, anu 10
taec and receive, act upon, ana Obey Sucn OF
,Irrs as he. the SAID Andrcw Johnson, might
oil