The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-03-04
shs asw eslssus Gusssut aEsdnesass. ynsh >. 1850


United States, no vac' ncy having happened in
said Office Of the secre .srv for the department Of
war during the r. cess Of the Senate, and no
vacancy exisung a said Office at the time, and
johnson and OF said Lorenzo Thomas ID in sub
stance as 10 4iows-thst is TO say:
EXECUTIVE MANSION,
WAsHISGroN, Feb. I'll, lo65.
eSr-The Hon. Edwin NJ. Stanton having been
mis- day removed from Office as secretary TOT tne
department of war you are hereby authorized aud
empowered to act as secretary OF war dd interim,
and will imme diately enter upon the discharge OF
the duties appertaining to that of1ce NJ. stanton
has been instructed 10 transfer II you all the
records, books, papers and other public property
now in his custody and charge Respectfully yours,
. ANDREW JOHNSON,
"To Breves rsjor General Thomas. Aojt eea- u A.,
ART A. That said Andrew johnson, president OF
the United States unmindful Of the high duties OF
his Office and Of bis oath of Office, in violation OF
the Constitution aud laws OF the United States on
the 2lst day Of February, in the year OF our Lord
1865, at Washington, in the District Of Columbia,
did unlawfully conspire with one Lorenzo Thomas,
and with other persons. 70 the House OF Repre-
sentatives unknown, with intent by intimidation
and threats to hinder and prevent Edwin III.
Stanton, then and there secretary for the de.
partment Of war, duly appointed under the laws
Of the United States, from holding said Office OF
secretary for the department of war. contrary to
aud in violation Of the Constitution OF the United
"An act 70 define and punish certain conspira-
cies,n approved July 3lst, 1861, whereby said
Andrew johnson, president of the United States,
did then and there commit and was guilty of
high crime In Office.
ART. S. That said Andrew Johnson, president
OF the United States, unmindful of the high duties
of his Office and of his oath of Office, on the 2lst
day Of February: In the year OF our Lord 1865,
and on divers other days and times In said year
before the 2eth day OF said February at Washing
ton, in the District of Columbia, did unlawfuly
conspire with one Lorenzo Thomas, and other per
soDs, TO the House Of Representatives unknown,
by force TO prevent and hinder the execution OF
an act entitled an act regulating the tenure OF
civil ofiees," passed March 3D. 1867; and, in pur
suance of said conspiracy. did attempt to prevent
Edwin NJ. Stanton, then and there being secretary
for the department of war, duly appointed and
commissioned under the laws Of the United
States, from holding said Office, whereby said
Andrew johnson, president OF the United States,
did then and there commit and was guilty Of q
high misdemeanor In Office.
Art. 6. That said Andrew johnson, president
Of the United States, unmindful of the duties of
bis high Office and Of his oath of Office, on the
2lst day of February, in the year Of our Lord
1865 at Washington, In the District Of Columbia,
did unlawfully conspire with one Lorenzo Thomas
by force tcseize and take possession Of property
OF the United States in the war department con-
| trsry 10 the provisions Of an act entitled " an
act TO define and punish certain conspiracies,"
approved July 81, 1861, and with intent to violate
and disregard an act entitled an act regulating
the tenure OF certain civil Offices" passed March
| 2, 1867, whereby said Andrew johnson, president
Of the United States, did then and there commit 8
| high crime in Office.
Art. Z. That said Andrew johnson, president
of the United States, unmindful of the high duties
of his Office and Of his oath Of Office, on the 2lst
day of February in the year Of our Lord 1868, and
on divers other days in said year, before the 18th
trict OF Columbia, did unlawfuly conspire with
ole LerepZo Thomas, to prevent and hinder the
execution Of an act Of the United States, entitled
Gan act regulating the tenure Of certain civil
officers" passed March I'd, 1867. and in pursuance
of said conspiracy did unlavfulIy attempt to pre-
vent Edwin NJ. Stanton. then and there being the
secretary for the department of war, under the
laws Of the United States, from holding said Office,
TO which he had been duly appointed and com
missioned, whereby said Andrew johnson, presi
dent OF the United States, did then and there COM
nit and was guilty of high misdemeanor in
Office.
ART. s. That said Andrew johnson, president Of
the United States unmindful Of the high duties of
bis Office, and Of his oath OF office, on the 2lst
day of February, In the year OF our Lord, 1868. at
Washington, in the District Of Columbia, did IN
lawfully conspire with one Lorenzo Thomas to
seize, and take possession Of the property Of the
United States in the war department, with intent
TO violate and disregard an act entitled, AN act
regulating the tenure Of certain civil Offices
passed March 2, 1867, whereby said Andrew John.
son, president Of the United States, did. then and
there, commit high misdemeanor in Office.
ART. o. That said Andrew johnson, president Of
the United States, unmndful OF the high duties Of
his Office. and Of his oath of Office with intent
lawfully TO control the disbursements Of moneys
appropriated for the military service and FOR the
department of war, on the 2lst day of February,
in the year of our Lord, 1873, at Washington, in
the District of Columbia. did unlswfully and con.
trary to the provisions of act entitled Gan act
to regulate the tenure Of certain civil offices, .
| passed March ID, 1867. and in violation Of the
Constitution of the United States and without the
| advice and consent OF the Senate of the United
| States, and while the eenate was then and there
In seEsion, there being no vacancy in the Office Of
| secretary for the department of war, appoint
| Lore Thomas, secretary OF war dd interim,
and then and there deliver letter Of authority in
writing in substance as follows-that is to say
EXECUTIVE MANSION,
6 Washington, ID. c., Feb. 81, 1868.
"ST-The Hon. Ed win M. Stanton having been
this day removed from Office as secretary for the
department Of war, you are hereby authorized
and empowered TO act as secretary Of war dd in.
| term, and will Immediately enter upon the dis
charge Of the duties appertaining to thatofce. Mr.
Stanton has been Instructed to transfer to you all
| the records books, papers and other public pro-
perty BOW in his custody and charge.
ITO BrsTsi Major General L Thomas, Adlutlnt General
Whereby said Andrew johnson, president Of
| the United States, did then and there commit and
| was guilty of high misdemesnor in office.
| ART. 10. That said Andrew Johnson, president
| of the United States, on the 22d day of February
| in the year Of our Lord 1868, at Washington, in
the District OF Columbia, in disregard of the Con.
stituton and laws Of Congress duly enacted, as
| commander in-cbief of the army of the United
States, did bring before himself, then and there
| William H. Emory, major general by breVet il
the army Of the United States, actually in com
msnd OF the department of Washington and the
forces thereof, and did then and there as such
commender-in-c chief, declare TO instruct said EN-
DRY hat part OF law of the United States passed
| March I'd, 1857 entitled " An act making appro
prisuons for the amount Of the army for the year
ending June 80, 1868, and for other purposes
especially the second section thereof, which pro
vides SmOng other things, that all orders and in
sructions relative 10 military operations ISSUED
| by the president or secretary of war
shall be issued through the general O
the army, and in case of his inability
through the next in rank, unconstitutona
and in contTavention OF the commission of said
Emory, and therefore not binding on hin as al
officer in the army OF the United States, which
said provision of law had been duly and legally
promulgated by general order fer the governmen
and direction of the army of the United States, a.
| tka 49, AwI T,k. ~. a.