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the United States, discharging the powers and duties of the pleteness of its
The duty imposed on the committee, by this
Mr. ROGERS, the minority of the committee, submits the following as his views:
The subscriber, one of the Judiciary Committeo, to whom was referred by the House the inquiry to inquire into the official conduct of his Excellency the President of the United States, with a view to his impeachment upon certain charges made by the Hon. James M. Ashley, begs leave to submit the following report:
The committee refuse to allow a report to be made giving the evidence to the House at this time, upon grounds which are no doubt satisfacSoon after the adoption of the resolution by tory to themselves. Therefore, I cannot report the House, the Hon. James M. Ashley commu- the evidence upon which my conclusion is based, nicated to the committee, in support of his which I would gladly do, did the committee charges against the President of the United deem it expedient. The examination of witStates, such facts as were in his possession, and nesses and the records was commenced, as apthe investigation was proceeded with, and has pears by the majority report, about the time of been continued almost without a day's inter- the reference, to wit, on the 7th of January, ruption. A large number of witnesses has been 1867, and continued daily. A large number of examined, many documents collected, and every-witnesses has been examined, and everything thing done which could be done to reach a conclusion of the case. But the investigation covers a broad field, embraces many novel and interesting and important questions, and involves a multitude of facts; while most of the witnesses are distant from the capital; owing to which, the committee, in view of the magnitude of the interests involved in this action, has not been able to conclude its labors, and is not, therefore, prepared to submit a definite and final report.
If the investigation had even approached completeness, the committee would not feel authorized to present the result to the House at this late period of the session, unless the charges had been so entirely negatived as to admit of no discussion, which, in the opinion of the committee, is not the case. Certainly, no affirmative report could be properly considered in the expiring hours of this Congress.
The committee not having fully investigated all the charges preferred against the President of the United States, it is deemed inexpedient to submit any conclusion, beyond the statement that sufficient testimony has been brought to its notice to justify and demand a further prosecution of the investigation.
The testimony which the committee has taken will pass into the custody of the Clerk of the House, and can go into the hands of such committee as may be charged with the duty of bringing this investigation to a close, so that the labor expended upon it may not have been in vain.
The committee regrets its inability definitely to dispose of the important subject committed to its charge, and presents this report for its own justification, and for the additional purpose of notifying the succeeding Congress of the incom
done that could be to bring the case to a close, as appears by the majority report; and the majority came to the conclusion that sufficient testimony has been brought to its notice to justify and demand a further prosecution of the investigation." I have carefully examined all the evidence in the case, and do report that there is not one particle of evidence to sustain any of the charges which the House charged the committee to investigate, and that the case is wholly without a particle of evidence upon which an impeachment could be founded, and that with all the effort that has been made, and the mass of evidence that has been taken, the case is entirely bald of proof. I furthermore report that the most of the testimony that has been taken is of a secondary character, and such as would not be admitted in a court of justice. In view of this conclusion, I can see no good in a continuation of the investigation. I am convinced that all the proof that can be produced has been before the committee, as no pains have been spared to give the case a full investigation. Why, then, keep the country in a feverish state of excitement upon this question any longer, as it is sure to end, in my opinion, in a complete vindication of the President, if justice be done him by the committee, of which I have no doubt.
A. J. ROGERS.
Impeachment in Fortieth Congress.
1867, March 7-Mr. JAMES M. ASHLEY rose to a question of privilege, and submitted these resolutions:
Whereas the House of Representatives of the Thirty-Ninth Congress adopted, on the 7th of January, 1867, a resolution authorizing an in
March 29-Mr. SIDNEY CLARKE offered this preamble and resolution:
quiry into certain charges preferred against the | John T. Wilson, Stephen F. Wilson, Windom, Woodbridge Fresident of the United States; and whereas the Judiciary Committee, to whom said resolution and charges were referred, with authority to investigate the same, were unable for want of time to complete said investigation before the expiration of the Thirty-Ninth Congress; and whereas in the report submitted by said Judiciary Committee on the 2d of March they declare that the evidence taken is of such a character as to justify and demand a continuation of the investigation by this Congress: Therefore,
Be it resolved by the House of Representatives, That the Judiciary Committee, when appointed, be, and they are hereby, instructed to continue the investigation authorized in said resolution of January 7, 1867, and that they have power to send for persons and papers. and to administer the customary oath to witnesses; and that the committee have authority to sit during the sessions of the House and during any recess which Congress or this House may take.
Resolved, That the Speaker of the House be requested to appoint the Committee on the Judiciary forthwith, and that the committee so appointed be directed to take charge of the testimony taken by the committee of the last Congress; and that said committee have power to appoint a clerk at a compensation not to exceed six dollars per day, and employ the necessary stenographer.
Resolved, That the Clerk of the House of Rep. resentatives be directed to pay out of the contingent fund of the House, on the order of the Committee of the Judiciary, such sum or sums of money as may be required to enable the said committee to prosecute the investigation above directed, and such other investigations as it may
be ordered to make.
Mr. HOLMAN moved to table the resolutions, which was disagreed to-yeas 32, nays 119, as follow:
YEAS-Messrs. Archer, Barnes, Boyer. Brooks, Burr, Chanler, Denisom, Eldridge. Fox Getz, Huight, Holman, Humphrey, Kerr, Marshall, McCullough, Morgan, Morrissey Mungen, Viblack, Nicholson, Phelps, Pruyn, Randall, Rob inson. Ross, Sigreaves, Stewart, Stone, Tuber, Van Auken,
Van Trump, Wood-32.
NAYS-Messrs. Allison, Ames, Anderson, Delos R. Ashley, James M. Ashley, Paker. Baldwin, Banks, Beaman, Beuja min. Bingham, Blaine, Blair, Boutwell Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sid ney Clarke, Cobb. Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferriss, Ferry, Fields, Finney, Garfield, Gravely, Halsey, Hamilton, Harding, Hayes, Hill, Hooper, Hopkin, Chester D. Hubbard, Hulbord, Hunter, Ingersoll, Judd, Julian, Kelley, Ketcham, Kitchen, Koontz, Laflin, George V. Lawrence, William Lawrence, Lincoln. Loan, Logan, Loughridge, Lynch, Marvin, McCarthy, McClurg, Mercur, Miller. Moore, Moorhead, Morrell, Myers, Newcomb, Noell,
O'Neill, Oth, Paine, Perham, Peters, File, Plants, Poland, Scofield, Shanks, Shellabarger, Smith, Stevens, Taffe, Taylor, Thomas Trowbridge, Twichell, Upson, Van Aernam,
Polsley, Pomeroy, rice, Kaum, Robertson. Sawyer, Schenck,
Burt Van Horn. Robert T. Van Horn, Van Wyck, Ward,
Cadwalader C Washburn, William B. Washburn, Welker,
Whereas upon charges preferred in the House of Representatives of the Thirty-Ninth Congress against the President of the United States of high crimes and misdemeanors, alleged to have been committed by him in the execution of his official trust, the Committee on the Judiciary of the said House, to which the same was referred, did report that for want of sufficient time they were unable to conclude their investigation, but that upon the facts disclosed it was in their judg ment required and demanded that the inquiry should be prosecuted to a conclusion by the pres ent Congress; and whereas in accordance with the said opinion this House did commit the said subject anew to its Committee on the Judiciary, which is now diligently engaged in the examin ation thereof; and whereas, in view of the report and recommendation of the Judiciary Committee of the last House, it would be dangerous to the public interest and failure of duty on the part of the present Congress, to adjourn and abdicate its practical control over the administration of the Government by surrendering its destinies, in the present critical condition of affairs, into the hands of an officer thus impeached before the nation, and well known not only to be hostile to the policy of its Congress, and to entertain the opinion that all the acts of that Congress looking to a restoration of the Union are unconstitutional: Therefore,
Resolved, That the Committee on the Judiciary be requested to report on the charges preferred against the President, as aforesaid, on the first day of the meeting of the House after the recess hereafter to be determined.
Mr. ROBINSON moved to table the resolution; which was disagreed to-yeas 38, nays 63, as follow:,
YEAS- Messrs. Archer, Bingham, Blair, Brooks, Buckland, Burr, Chanter, Reader W. Clar e, Cornell, Denison, Eldridge, Ferriss, Fields, Getz, Glossbrenner, Griswold, Holman, Chester D. Hubbard, Humphrey. Kerr, Ketcham, Laflin, Marshall, Marvin, Morrissey, Mungen, Niblack, Nicholson, Phelps, Plants, Lobinson, Ross, Sitgreaves, Stewart, Tuber, Van Auken, Van Trump, Wood-38.
NAYS-Messrs. Allison, James M. Ashley, Baker, Benton, Boutwell, Broomall, Butler, Cake, Churchill, Sidney Clarke, Coburn, Cook, Covode, Cullom, Donnelly, Driggs, Eckley, Eggleston, Ela, Farnsworth, Garfield. Gravely, Halsey, Hamilton, Hayes, Hooper, Hopkins, Hulburd, Ingersoll. Judd, Kelley, Koontz, William Lawrence, Loan, Logan, loughridge, Mallory, McClurg, Mercur, Miller, Morrell, Myers, O'Neill. Perham, Pile, Polsley. Robertson, Sawyer, Schenck, Scofield, Shanks, Thaddeus Stevens, Taylor, Trowbridge, Upson, Robert T. Van Horn, Ward, Weiker, Thomas Wil liams, William Williams, John T. Wilson, Windom, Woodbridge-63.
The preamble was laid on the table, on a division by tellers-ayes 54, noes 32. The resolution was then adopted.
The committee, it is understood, will make a report upon the 3d of July, on the reassembling of Congress.
TEXT OF THE RECONSTRUCTION MEASURES.
14th Constitutional Amendment. Joint Resolution proposing an Amendment to the Constitution of the United States. Be it resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, (two-thirds of both Houses concurring.) That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, namely:
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
rection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.
SEC. 5. That Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Passed June 13, 1866.
Reconstruction Act of Thirty-Ninth Congress AN ACT to provide for the more efficient gov ernment of the rebel States.
Whereas no legal State governments or adequate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established: Therefore
Be it enacted, &c., That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed, aud for that purpose Virginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district; and Louisiana and Texas the fifth district.
SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any elec tion for the choice of electors for President and Vice President of the United States, representatives in Congress, the executive and judicial SEC. 2. That it shall be the duty of the Presiofficers of a State, or the members of the Legis- dent to assign to the command of each of said lature thereof, is denied to any of the male inliab-districts an officer of the army, not below the itants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
SEC. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legis. lature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability.
SEC. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insur
rank of brigadier general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.
SEC. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdic tion of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for hat purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.
SEC. 4. That all persons put nder military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions: "Pro
vided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President.
Be it enacted, &c., That before the first day of September, eighteen hundred and sixty seven, the commanding general in each district defined SEC. 5. That when the people of any one of by an act entitled "An act to provide for he said rebel States shall have formed a constitution more efficient government of the rebel States," of government in conformity with the Constitu- passed March second, eighteen hundred and tion of the United States in all respects, framed sixty-seven, shall cause a registration to be made by a convention of delegates elected by the male of the male citizens of the United States, twentycitizens of said State twenty one years old and one years of age and upwards, resident in each upward, of whatever race, color, or previous con- county or parish in the State or States included dition, who have been resident in said State for in his district, which registration shall include one year previous to the day of such election, only those persons who are qualified to vote for except such as may be disfranchised for partici- delegates by the act aforesaid, and who shall -, do solemnly swear, (or pation in the rebellion, or for felony at common have taken and subscribed the following oath or law, and when such constitution shall provide affirmation: "I, ; that I have that the elective franchise shall be enjoyed by affirm.) in the presence of Almighty God, that I months next all such persons as have the qualifications herein am a citizen of the State of stated for electors of delegates, and when such resided in said State for --, in said State, constitution shall be ratified by a majority of preceding this day, and now reside in the county -, or the parish of the persons voting on the question of ratification of who are qualified as electors for delegates, and (as the case may be ;) that I am twenty one when such constitution shall have been submit-years old; that I have not been disfranchised ted to Congress for examination and approval, for participation in any rebellion or civil war and Congress shall have approved the same, against the United States, nor for felony comand when said State, by a vote of its legisla-mitted against the laws of any State or of the ture elected under said constitution, shall have United States; that I have never been a memadopted the amendment to the Constitution ber of any State legislature, nor held any execof the United States, proposed by the Thirty-utive or judicial office in any State and afterninth Congress, and known as article fourteen, wards engaged in insurrection or rebellion and when said article shall have become a part of against the United States, or given aid or comthe Constitution of the United States, said State fort to the enemies thereof; that I have never shall be declared entitled to representation in taken an oath as a member of Congress of the Congress, and Senators and Representatives shall | United States, or as an officer of the United be admitted therefrom on their taking the oaths States, or as a member of any State legislature, prescribed by law, and then and thereafter the or as an executive or judicial officer of any preceding sections of this act shall be inopera- State, to support the Constitution of the United tive in said State: Provided, That no person ex-States, and afterwards engaged in insurrection cluded from the privilege of holding office by or rebellion against the United States or given said proposed amendment to the Constitution of aid or comfort to the enemies thereof; that I the United States shall be eligible to election as will faithfully support the Constitution and obey a member of the convention to frame a constitu- the laws of the United States, and will, to the may be tion for any of said rebel States, nor shall any best of my ability, encourage others so to do, so such person vote for members of such conven-help me God;" which oath or affirmation administered by any registering officer.
SEC. 2. That after the completion of the regis SEC. 6. That until the people of said rebel States shall be by law admitted to representa tration hereby provided for in any State, at such tion in the Congress of the United States, any time and places therein as the commanding gencivil governments which may exist therein shall eral shall appoint aud direct, of which at least be deemed provisional only, and in all respects thirty days' public notice shall be given, an subject to the paramount authority of the United election shall be held of delegates to a convention States at any time to abolish, modify control, for the purpose of establishing a constitution and or supersede the same; and in all elections to civil government for such State loyal to the any office under such provisional governments Union, said convention in each State, except all persons shall be entitled to vote, and none Virginia, to consist of the same number of memothers, who are entitled to vote under the pro- bers as the most numerous branch of the State visions of the fifth section of this act; and no legislature of such State in the year eighteen person shall be eligible to any office under any hundred and sixty, to be apportioned among the such provisional governments who would be dis- several districts, counties, or parishes of such qualified from holding office under the provis-State by the commanding general, giving to each ions of the third article of said constitutional amendment.
Passed March 2, 1867.
AN ACT supplementary to an act entitled "An
representation in the ratio of voters registered as aforesaid, as nearly as may be. The convention in Virginia shall consist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be apportioned as aforesaid.
SEC. 3. That at said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under
Those voting in favor of such a con- | restraint, fear, or the influence of fraud, and if ntion shall have written or printed on the the Congress shall be satisfied that such constiillots by which they vote for delegates, as afore- tution meets the approval of a majority of all aid, the words "For a convention," and those the qualified electors in the State, and if the voting against such a convention shall bavo said constitution shall be declared by Congress written or printed on such ballots the words to be in conformity with the provisions of the "Against a convention." The person appointed act to which this is supplementary, and the to superintend said election, and to make return other provisions of said act shall have been comof the votes given thereat, as herein provided, plied with, and the said constitution shall be shall count and make return of the votes given approved by Congress, the State shall be defor and against a convention; and the com-clared entitled to representation, and Senators manding general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a conrention. If a majority of the votes given on that question shall be for a convention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held under this act: Provided, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.
SEC. 4. That the commanding general of each district shall appoint as many boards of regis tration as may be necessary, consisting of three loyal officers or persons, to make and complete the registration, superintend the election, and make return to him of the votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates according to the returns of the officers who conducted said election, and make proclamation thereof; and if a majority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to arsemble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall proceed to frame a constitution and civil government according to the provisions of this act and the act to which it is supplementary; and when the same shall have been so framed, said constitution shall be mitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as herein before provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof shall be made to the commanding general of the district. SEC. 5. That if, according to said returns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one half of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if it shall, moreover, appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without |
and Representatives shall be admitted therefrom as therein provided.
SEC. 6 That all elections in the States mentioned in the said "Act to provide for the more efficient government of the rebel States," shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July second, eighteen hundred and sixty-two, entitled "An act to prescribe an oath of office:"* Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so offending and being thereof duly convicted, shall be subject to the pains, penalties, and disabilities which by law are provided for the punishment of the crime of wilful and corrupt perjury.
SEC. 7. That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasury not otherwise appropriated.
SEC. 8. That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property
*This act is in these words:
Be it enacted, dc., That hereafter every person elected or
sub-appointed to any office of honor or profit under the Government of theUnited States either in the civil. military, or naval departments of the public service, excepting the President of the United States,shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oth I have never voluntarily borne arms against the United or affirmation: "I, A B. do solemnly swear (or affirm) that States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel,or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto; and I do further swear (or affirm) that, to the best of my knowledge and United States, against all enemies, foreign and domestic; ability, I will support and defend the Constitution of the that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter; so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Departmemt to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable for ever after, of holding any office or place under the United States.