The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1868-03-19
NO. 81.

Constitution
of the United States, and without the ad-
vice and consent of the Senate of the
United States, and while the Senate was
then and there in session, there being no
vacancy in the Office Of Secretary for the
Department. of War, appoint Lorenzo
Thomas Secretary of War al interim, and
then and there deliver to said Lorenzo
Thomas letter of authority in writing
In substance as follows, that is to say -
"Executive Mansion. Washington. Dis
trict of Columbia, Feb. 2lst, lS6S.-Sir.
The Hon. Edwin NJ. Stanton having this
day been removed from office as Secre-
tary for the Department of War. you are
hereby authorized and empowered to act
as Secretary of War ad interim, and will
immediately enter upon the discharge of
the duties pertaining to that Office. Mr.
Stanton has been instructed to transfer to
you all the records, books, papers, and
other public property now in his custody
and charge. Respectfully yours, An
drew johnson. To Brevet Major Cen
erai lorenzo Thomas, Adjutant U. S. A,
Washington, D. c" whereby said An
drew johnson, President of the United
States, did then and there commit and
was guilty of a high misdemeanor in Of
fee
Article 10. That the said Andrew
johnson, President OF the United States.
ou the I'D day of February, in the year
of Our Lord 1868, at Washington, in the
District of Columbia, in disregard of the
Constitution and the laws of Congress du-
ly enacted, as Commander-in Chief Of the
! Army of the United States, did bring be-
fore himself then and there Wm. HI.
Emory, Major General by Brevet in
the Army of the United States actually
in command of the Department Of Wash
ington and the military forces thereof,
and did then and there, as such Com
manderin Chief, declare to and Instruct
the said Emory, that part of law of the
United States, passed March End, 1867,
entitled can Act making Appropriations
for the Support Of the Army for the year
ending June 30th, 1868, and for other.
purposes, especially the second section
thereof, which provides, among other.
things, that "All orders and instructions
relating to military operations, Used bv
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 uncon-
sttutional and in contravention of the
commission Of said Emory, and therefore
not binding on him as an officer in the
army of the United States, which said
provision of law had been Heretofore du-
~ aud legally promulgated by general
order for the government and direction
of the Army of the United States, as the
said Andrew johnson then and there we'll
knew, with intent thereby to induce said
Emory, In his official capacity as COM
mander of the Department of Washing
ton, to violate the provisions of said act,
and to take and receive, act upon and
obey, such orders as he, the said Andrew
johnson, might make and give, and which
should not be issued through the General
of the Army of the United States, accord
ing to the provisions ofthe said act w hereby
said Andrew johnson, President of the
United States, did then and there COM
NIT and was guilty of high misdemeanor
in office. And the House of Representa-
tiyes, by protestation saving to themselves
the liberty of exhibiting at any time
hereafter and further articles or other ac-
cusatlon or Impeachment against the said
Andrew johnson, President of the Uni
ted States, and also of replying to his an
swers which he shaN make to the articles
herein preferred against him, and of of
; ferinS proof to the same and every part
thereof and to all and every other article,
accusation, or impeachment which shall
be exhibited by them as the case shall re-
} quire, 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-
ceedings, examinations, trials, and judg-
ments may be thereupon had and given
as may be agreeable to law and Justice.