The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-03-04

misdemeanors IN issuing an order for the
removal of Stanton ON February 81, the
Senate being in session.
Article two charges that the President
appointed Lorenzo Thomas to be Sec
rotary of War ad interim without authority
of law, the Senate being in session.
Article three charges that the President.
without authority Of law, while the Senate
was in session, did appoint Lorenzo Thomas
to be Secretary Of War ad interim without
the advice and consent of the Senate. in
violation Of the Constitution, no vacancy
having happened in said Office during the
recess of the Senate, and no vacancy exist
| ing at the time.
Article four charges that the President
unmindful of the high duties of his Office
| and his oath of office, in violation of the
Constitution and laws, did unlawfully con-
spire with Lorenzo Thomas and other per-
sons unknown to the House of Representa-
tives, with intent, by intimidation and
threats, to hinder and prevent Edwin NJ.
Stanton, the only appointed Secretary of
War; from holding said Office, contrary to
and in violation of the Constitution of thu
United States, and the provisions Of Acts
to define and punish certain conspiracies,
approved July 81, 1861.
Article five recites as in the previous ar
ticle but charges the President with conspi
racy with Thomas and other persons unknown
to the House, by force to prevent and hinder
the execution of the Tenure of Office Act,
and that in pursuance of said conspiracy, he
attempted to prevent Stanton, he being Sec
rotary of War, duly appointed and commits
stoned under the laws, from holding said
office.
Article six charges that he unlawfully con-
spired with Lorenzo Thomas by force to seize
the property of the United States in the War
Department, in violation of both Acts above
quoted.
Article seven is precisely the same as ar
ticle FIVE except it omits the words and
representatives."
Article eight is precisely like article six,
except it only charges him with violation of
the Tenure of Office Act. and not the Act "to
define and punish certain conspiracies."
Article nine charges that, with the inten.
unlawfully to control the disbursements of
moneys appropriated for the military service
and for the Department of War, the Presi-
dent did order Lorenzo Thomas to assume
the duties Of said Office, in violation Of the
Constitution and laws, no vacancy existing,
Senate being in session, etc.
Article ten charges that, in disregard to
the Constitution and laws, duly enacted, the
President, as COMMANDMENT Chief, did bring
before himself General Emory, Commander
IF the Department of Washington and the
military forces thereof, and did then and
here, as such Commander n-Chief, declare
md instruct said Emory, that that part of
he law of the United States, passed
March 2, 1867, entitled, can Act making
appropriations for the support of tho army
or the year 1868, and for other purposes"
specially the second section thereof, which
provides, among other things, that " all or
Iers and instructions relating to military
perations issued by the President or Secre-
airy Of War shall be issued through the Gen.
raj of the Army, and in case of his inabil-
ty, through the next in rank" was unconsti-
utional and in contravention of the COM
mission of said Emory and therefore not
hiding on him as an officer in the army Of
hs United States. which said provision Of
Nv had been heretofore duly and legally pro-
,ulgated BY General Order for the govern
tent and direction of the army Of the United
tates, as said Andrew Johnson then and {
lere we'll knew, wit h the intent thereby to
lduce the said Emory in his official capacity
; Commander Of the Department Of Wash
,gton to violate the provisions OF said Act,
nd take and receive and act upon and obey
lch orders a. he, Andrew johnson, might
Iake and give, and which should not be is
led through the General of the Army Of the
nited States according to the provisions Of
i'd Act whereby the said Andrew Johnson, =
resident Of the United States, did then and
ere commit, and is guilty Of high mis-
.meanor in Office. And the House Of Re-
protesting and saving to them y
Ives the liberty of exhibiting at any time