The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-05-17
Impeachment n Failure.

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Impeachment n Failure.
WASHINGTON, May 16.-The i'm
peachment court met this morning,
and on motion of Senator Williams,
it was decided, by vote of "a to 10,
to vote on the eleventh article first
Messrs. Ross, Fowler, Fessenden,
Grimes, Henderson, Van Wrinkle,
Trumbull and Wiley, voting with
those in favor of acquittal. Wade
voted in the affirmative. This vote
is considered conclusive of acquittal,
as it shows only strength of thirty
four for conviction. The vote on the
eleventh article was 35 to 19-Ross,
the doubtful Senator, voted nay
saving the day for the President.
After which, Chase declared the Pre-
sident acquitted on the eleventh
article-which was ordered to be
read, and is rs follows:
1t was added to the original set by
Mr.. Bingham, after the others had
been adopted in the House. The
court decided to take it up first, as it
was considered the strongest; and, as
is presumed, with the hope of having
the prestige of its adoption to affect
action on the others.
ARTICLE II. That the said Andrew
Johnson, President of the United
States, unmindful of the high duties
of his Office, and of his oath of Office,
and in disregard of the Constitution
and laws of the United States, did
heretofore, to wit, on the 18th day of
August, 1866, at the city of Washing
ton. and the District of Columbia, by
public speech, declare and affirm in
substance, that the Thirty-ninth
Congress of the United States was
not a Congress of the United States,
authorized by the Constitution to
exercise legislative power under the
same; but, on the contrary, was
Congress of only part of the States,
c. 'ereby denying and intending to
deny that the legislation of said
Congress was valid or obligatory
upon him. the said Andrew johnson,
except in so far as he saw fit to ap-
prove the same; and also thereby
denying and intending to deny the
power of the said Thirty ninth Con-
gress TO propose amendments to the
Constitution of the United States,
and in pursuance of said declaration
the said Andrew johnson, President
of the United States, afterwards, to
wit, on the 21st day of February,
1868, at the city of Washington, in
the District of Columbia, did unlaw-
fully, and in disregard of the require
ments of the Constitution, that he
should take care that the laws be
faithfully executed, attempt to pre-
vent the execution of an Act entitled
an "Act regulating the tenure of GER
tain civil Offices" passed March 2,
1867, by unlawfully devising and
contriving and attempting to devise
and contrive means by which he
should prevent Edwin M. Stanton
from forthwith resuming the func-
tions of the Office of Secretary for
the Department of War, notwith-
standing the refusal of the Senate to
concur in the suspension heretofore
made by said Andrew johnson of
said Edww:;i NJ. Stanton from SAID, aid
Office of Secretary for tho Depart
1hent of War; and also by further un-
lawfully devising and contriving and
attempting to devise and contrive
means then and there to prevent the
execution of an Act entitled "An Act
making appropriations for the sup
port of tho army for the fiscal year
ending June 30, 1868, and for other
purposes" approved March 2, 1867;
and also to prevent the execution of
an Act entitled "An Act to provide
for the more efficient government of
the rebel States" passed March 2,
1867; whereby the said Andrew John
son, President of the United States,
did then, to wit, ON the 21st day of
February, 1868, Mt the city OF Wash