ject to the disposal and direction of the Presi- of the illegal and unconstitutional acts of the President of the United States. Which was rejected-yeas 19, nays 21, as follow : Action of the Senate upon the Nomination of Wade, Williams, Wilson, Yates-19. General Schofield. YEAS-Messrs. Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Morrill of Vermont, Patterson of New Ilampshire, Pomeroy, Ramsey, Stewart, Sumuer, Thayer, Tipton, NAYS-Messrs. Anthony, Buckalew, Corbett, Doslittle, Edmunds, Fowler, Frelinghuysen, Henderson, Hendricks, Johnnessee, Ross, Sprague, Trumbull, Van Winkle, Vickers, Willey-21. 1868, May 29-Mr. Edmunds offered the fol- son, McCreery, Morgan, Morton, Norton, Patterson of Tenlowing preamble and resolution: Whereas, on the 23d of April, 1868, the Presi dent nominated John M. Schofield to be Secretary of War, in place of Edwin M. Stanton, removed; and whereas, in the opinion of the Senate, the said Stanton has not been legally removed from his office, but inasmuch as the said Stanton has relinquished his place as Secretary of War, for causes stated in his note to the President: Therefore Resolved, That the Senate advise and consent to the appointment of John M. Schofield to be Secretary of War. Mr. Willey moved to amend Mr. Edmunds's resolution, by striking out all after "Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield to be Secretary for the Department of War, in the place of Edwin M. Stanton, hereby removed. NOT VOTING-Messrs. Bayard, Chandler, Davis, Dixon, Ferry, Fessenden, Grimes, Harlan, Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman—14. The amendinent of Mr. Frelinghuysen was then rejected-yeas 15, nays 22, as follow: YEAS-Messrs. Buckalew, Corbett, Doolittle, Fowler, Fre linghuysen, Hendricks, Johnson, McCreery, Norton, Patter son of Tennessee, Ross, Sprague, Tipton, Van Winkle, Vickers-15. NAVS-Anthony, Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Edmunds, Morgan, Morton, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Summer, Thayer, Wade, Willey, Williams, Wilson, Yates-22. NOT VOTING-Messrs. Bayard, Chandler, Davis, Dizon, Ferry, Fessenden, Grimes, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Nye, Saulsbury, Sherman, Trumbull-17. The resolution offered by Mr. Edmunds was then agreed to-yeas 35, nays 2, as follow: Morrill of Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, YEAS-Messrs. Anthony, Buckalew, Cameron, Cattell, Cole, Which was debated and withdrawn by him. Conness, Corbett, Doolittle, Drake, Edmunds, Fowler, FreMr. Frelinghuysen moved to amend Mr. Edlinghuysen, Harlan, Henderson, Hendricks, Johnson, Morgan, munds's resolution, by striking out all after" Re. solved," and inserting That the Senate advise and consent to the appointment of John M. Scho-Willey, Williams, Wilson, Yates-35. field to be Secretary for the Department of War, in the place of Edwin M. Stanton, who has relinquished that office. NAYS-Messrs. McCreery, Norton-2. NOT VOTING-Messrs. Bayard, Chandler, Conkling, Cragin, Davis, Dizon, Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman, Sumner, Wade The preamble was then agreed to-yeas 28, nays 13, as follow: Mr. Henderson moved to amend the amend.-17. ment of Mr. Frelinghuysen, by striking out the words" in the place of Edwin M. Stanton, who has relinquished that office." 44 Which was rejected. Mr. Stewart moved to amend Mr. Frelinghuysen's amendment, by striking out all after Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield as Secretary of War, in place of Edwin M. Stanton, who has been forced to retire from the discharge of the duties of said office by reason YEAS-Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Conness, Corbett, Cragin, Drake, Edmunds, Frelinghuysen, Harlan, Morgan, Morrill of Vermont, Morton, Patterson of New Hampshire, Pomeroy, Ramsey, Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, Yates— 28. NAYS-Buckalew, Doolittle, Fowler, Henderson, Hendricks, Johnson, McCreery, Norton, Patterson of Tennessee, Ross, Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maine, NOT VOTING-Messrs. Bayard, Chandler, Davis, Dizon, XXIV. THE ARTICLES OF IMPEACHMENT AND REPLY, Proposed Impeachment of President Johnson.* *Continued from page 64 of the Manual of 1867, or page 190 of the combined Manuals. [No report was made at the July session.] Resolved, That Andrew Johnson, President of the United States, be impeached for high crimes and misdemeanors. Mr. Wilson, for himself and Mr. Woodbridge, and Mr. Marshall, for himself and Mr. El dridge, submitted minority reports. December 7-The resolution above recited was disagreed to-yeas 57, nays 108, as follow: YEAS-Messrs. Anderson, Arnell, J. M. Ashley, Boutwell. Bromwell, Broomall, Benjamin F. Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Covode, Cullom, liam Williams, Stephen F. Wilson-57. NAYS-Messrs. Adams, Allison, Ames, Archer, Delos R. EXECUTIVE MANSION, WASHINGTON, D. C., February 21, 1868. SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication. Ashley, Artell, Bailey, Baker, Baldwin, Banks, Barnum, Beaman, Beck, Benjamin. Benton, Bingham, Blaine, Boyer, Brooks, Buckland, Burr, Cary, Chanler, Cook, Dawes, Dixon, You will transfer to Brevet Major General Dodge, Driggs, Eggleston, Eldridge, Eliot, Ferriss, Ferry, Lorenzo Thomas, Adjutant General of the Army, Fields, Garfield, Getz, Glossbrenner, Golladay, Griswold, Grover, Haight, Halsey, Hamilton, Hawkins, Hill, Holman, who has this day been authorized and empowHooper, Hotchkiss, Asabel W. Hubbard, Chester D. Hubbard, ered to act as Secretary of War ad interim, all Richard D. Hubbard, Hulburd, Humphrey, Ingersoll, Johnson, Jones, Kerr, Ketcham. Knott, Koontz, Laflin, George V. records, books, papers, and other public property Lawrence, Lincoln, Marshall, Marvin, McCarthy, McCul now in your custody and charge. lough, Miller, Moorhead, Morgan, Mungen, Niblack, NicholRespectfully, yours, son, Perham, Peters, Phelps, Pike, Plants, Poland, Polsley, Pruyn, Randall, Robertson, Robinson, Ross, Sawyer, Sitgreaves, Smith, Spalding, Stark weather, Stewart, Stone, Taber, Taylor, Upson, Van Aernam, Van Auken, Vun Trump, Van Wyck. Cadwalader C. Washburn, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Woodbridge, Woodward – 108. RESOLUTION OF INQUIRY. 1868, January 27-Mr. Spalding moved a suspension of the rules, to allow him to offer this resolution: Resolved, That the Committee on Reconstruction be authorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws, and to that end the committee have power to send for persons and papers, and to examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time. Which was agreed to-yeas 103, nays 37, and the resolution was adopted-yeas 99, nays 31. OTHER MATTERS REFERRED. February 10-The evidence taken on Impeach1ent by the Committee on the Judiciary was, on motion of Mr. Thaddeus Stevens, referred to the Committee on Reconstruction, and the committee was given leave to report at any time. February 11-The correspondence between General Grant and President Johnson, relating to the retirement of the former from the War Office, was also referred to the Committee on Reconstruction. February 13-The Committee on Reconstruction are reported to have voted down resolutions of impeachment offered by Mr. Thaddeus Stevens. The vote on a motion to lay them on the table was, yeas 6, nays 3. as follow: YEAS-Messrs. Beaman, Beck, Bingham, Brooks, Hul burd, Paine-6. NAYS-Messrs. Boutwell, Farnsworth, T. Stevens-3. The Final Effort at Impeachment. IN HOUSE. ANDREW JOHNSON. To the Hon. EDWIN M. STANTON, Washington, D. C. Which was referred to the Committee on Reconstruction, with authority to report at any time, together with a resolution offered by Mr. Covode, as follows: Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. REPORT OF COMMITTEE. 1868, February 22-Mr. Thaddeus Stevens, from the Committee on Reconstruction, made the following report: The Committee on Reconstruction, to whom was referred, on the 27th day of January last, the following resolution: thorized to inquire what combinations have been made or Resolved, That the Committee on Reconstruction be att attempted to be made to obstruct the due execution of the laws; and to that end the committee have power to send for persons and papers and to examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time; And to whom was also referred, on the 21st day of February, instant, a communication from Hon. Edwin M. Stanton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M. Stanton, as follows: EXECUTIVE MANSION, WASHINGTON, D. C., February 21, 1868. SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon the receipt of this communication. You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, 1868, February 21-The Speaker, by unani- who has this day been authorized and empow mous consent, laid before the House the follow-ered to act as Secretary of War ad interim, all ing communication from the Secretary of War: WAR DEPARTMENT, WASHINGTON CITY, February 21, 1868. SIR: General Thomas has just delivered to me a copy of the enclosed order, which you will please communicate to the House of Represent E. M. STANTON, Secretary of War. atives. Hon. SCHUYLER COLFAX, records, books, papers, and other public property Respectfully, yours, ANDREW JOHNSON. of Representatives the following resolution, Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misde meanors: Have considered the several subjects referred to them, and submit the following report: That, in addition to the papers referred to the committee, the committee find that the President, on the 21st day of February, 1868, signed and issued a commission or letter of authority to one Lorenzo Thomas, directing and authorizing said Thomas to act as Secretary of War ad interim, and to take possession of the books, records, and papers, and other public property in the War Department, of which the following is a copy: EXECUTIVE MANSION, WASHINGTON, February 21, 1868. SIR: Hon. Edwin 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 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, ANDREW JOHNSON. To Brev. Maj. Gen. LORENZO THOMAS, Adjutant General U. S. A., Washington, D. C. Secretary of War ad interim. Upon the evidence collected by the committee, which is herewith presented, and in virtue of the powers with which they have been invested by the House, they are of the opinion that Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. They therefore recommend to the House the adoption of the accompanying resolution. THADDEUS STEVENS, Resolution providing for the impeachment of Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office. February 24-This resolution was adoptedyeas 128, nays 47, as follow: YEAS-Messrs. Allison, Ames, Anderson, Arnell,. Delos R. Ashley, James M. Ashley, Bailey, Baker, Baldwin, Banks, Beaman, Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell, Broomall, Buckland, Butler, Cake, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Griswold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Asahel W. Hubbard, Chester D. Hubbard, Hulburd, Hunter, IngerBoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Loughridge, Lynch, Mallory, Marvin, McCarthy, McClurg, Mercur, Miller, Moore, Moorhead, Morrell. Mullins, Myers, Newcomb Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, Pile, Plants, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweather, Aaron Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Ellibu B.Wash burne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, Mr. Speaker Colfax-128. NATS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, | Beck, Boyer, Brooks, Burr, Ciry, Chanler, Eldridge, Foz, Same day On motion of Mr. Thaddeus Stevens, the appointment of a committee of two to notify the Senate, and of a committee of seven to prepare and report Articles of Impeachment against Andrew Johnson, President of the United States, was ordered, with power to send for persons, papers, and records, and to take testimony under oath. Which was agreed to-yeas 124, nays 42 The Speaker appointed Messrs. Thaddeus Stevens and John A. Bingham on the former, and Messrs. Boutwell, Thaddeus Stevens, Bingham, James F. Wilson, Logan, Julian, and Ward, on the latter. February 25-Mr. Thaddeus Stevens and Mr. John A. Bingham appeared at the bar of the Senate and delivered the following message: Mr. PRESIDENT: By order of the House of Representatives, we appear at the bar of the Senate, and in the name of the House of Representatives, and of all the people of the United States, we do impeach Andrew Johnson, President of the United States, of high crimes and misdemeanors in office; and we do further inform the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, and make good the same; and in their name we DO DEMAND that the Senate take order for the appearance of the said Andrew Johnson to answer to said impeachment. The President of the Senate pro tempore replied that the Senate would take order in the premises, and the committee withdrew. Same day-The committee reported to the House the response received at the bar of the Senate. Articles of Impeachment and Votes thereon, the Answer of President Johnson, the Replication of the House, the Progress of the Trial, and the Judgment of the Senate. FORTIETH CONGRESS, SECOND SESSION, IN THE HOUSE OF REPRESENTATIVES U. S., March 2, 1868. Articles exhibited by the House of Representatives of the United States, in the name of themselves and all the people of the United States, against Andrew Johnson, President of the United States, in maintenance and support of their impeachment against him for high crimes and misdemeanors in office. ARTICLE I--That the said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord 1868, at WashF.ington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirements of the Constitu tion that he should take care that the laws be faithfully executed, did unlawfully, and in violation of the Constitution and laws of the United an act entitled "An act regulating the tenure of certain civil offices," passed March 2, eighteen hundred and sixty-seven, without the advice and consent of the Senate of the United States, said Senate then and there being in session, and without authority of law, did, with intent to violate the Constitution of the United States, and the act aforesaid, issue and deliver to one Lorenzo Thomas a letter of authority in sub stance as follows, that is to say: EXECUTIVE MANSION, WASHINGTON, D. C., Februa y 21, 1868. SIR: The Hon. Edwin 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 Secre tary of War ad interim, and will immediately enter upon the discharge of the duties pertaining to that office. the records, books, papers, and other public property now in his custody and charge. Respectfully, yours, To Brevet Major General LORENZO THOMAS, Mr. Stanton has been instructed to transfer to you all States, issue an order in writing for the removal | office, and in violation of the Constitution of the of Edwin M. Stanton from the office of Secretary United States, and contrary to the provisions of for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as such Secretary, and said Andrew Johnson, President of the United States, on the 12th day of August, in the year of our Lord 1867, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office, and within twenty days after the first day of the next meeting of said Senate, that is to say, on the 12th day of December, in the year last aforesaid, having reported to said Senate such suspension with the evidence and reasons for his action in the case and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate, and said Senate thereafterwards on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension, and having refused to concur in said suspension, whereby and by force of the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forth with resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully entitled to hold said office of Secretary for the Depart-in ment of War, which said order for the removal of said Edwin M. Stanton is in substance as follows, that is to say: EXECUTIVE MANSION, WASHINGTON, D. C., February 21, 1868. SIR: By virtue of the power and authority vested in me as President by the Constitution and laws of the United States you are hereby removed from office as Secretary for the Department of War, and your functions as such will terminate upon receipt of this communication, You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, who has this day been authorized and empowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. Respectfully, yours, ANDREW JOHNSON. To the lion. EDWIN M. STANTON, Washington, D. C. Which order was unlawfully issued with intent then and there to violate the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, and with the further intent, contrary to the provisions of said act, in violation thereof, and contrary to the provisions of the Constitution of the United States, and without the advice and consent of the Senate of the United States, the said Senate then and there being in session, to remove said Edwin M. Stanton from the office of Secretary for the Department of War, the said Edwin M. Stanton being then and there Secretary for the Department of War, and being then and there in the due and lawful execution and discharge of the duties of said office, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of a high misdemeanor in office. ANDREW JOHNSON. Adjutant General U. S. Army, Washington, D. C. Then and there being no vacancy in said office of Secretary for the Department of War, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. ARTICLE III.-That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor office, in this, that, without authority of law, while the Senate of the United States was then and there in session, he did appoint one Lorenzo Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and with intent to violate the Constitution of the United States, no vacancy having happened in said office of Secretary for the Department of War during the recess of the Senate, and no vacancy existing in said office at the time, and which said appointment so made by said Andrew Johnson, of said Lorenzo Thomas, is in substance as follows, that is to say: To Brevet Major Gen. LORENZO THOMAS, Adjutant General U. S. Army, Washington, D. C. ARTICLE IV. That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, in violation of the Constitution and laws of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of RepresentARTICLE II.-That on the said 21st day of atives unknown, with intent, by intimidation February, in the year of our Lord one thousand and threats, unlawfully to hinder and prevent eight hundred and sixty-eight, at Washington, Edwin M. Stanton, then and there the Secretary in the District of Columbia, said Andrew John- for the Department of War, duly appointed son, President of the United States, unmindful under the laws of the United States, from of the high duties of his office, of his oath of 'holding said office of Secretary for the Devart ments of the moneys appropriated for the military service and for the Department of War, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully and contrary to the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2. 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 Senate was then and there in session, there being no vacancy in the office of Secretary for the Department of War, and with intent to violate and disregard the act aforesaid, then and there issue and deliver to one Lorenzo Thomas a letter of authority in writing, in substance as follows, that is to say: ARTICLE V.-That said Andrew Johnson, President of the United States, unmindful of the righ duties of his office and of his oath of office, on the 21st day of February, in the year of our Lord 1868, and on divers other days and times in said year, before the 2d day of March, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, EXECUTIVE MANSION, to prevent and hinder the execution of an act WASHINGTON, D. C., February 21, 1868. entitled "An act regulating the tenure of cer-removed from office as Secretary for the Department of War, SIR: The Hon. Edwin M. Stanton having been this day tain civil offices," passed March 2, 1867, and in you are hereby authorized and empowered to act as Secre pursuance of said conspiracy did unlawfully tary of War ad interim, and will immediately enter upon attempt to prevent Edwin M. Stanton, then and the discharge of the duties pertaining to that office. there being Secretary for the Department of the records, books, papers, and other public property now War, duly appointed and commissioned under in his custody and charge. Respectfully, yours, the laws of the United States, from holding said office, whereby the said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. Mr. Stanton has been instructed to transfer to you all ANDREW JOHNSON. To Brevet Major Gen. LORENZO THOMAS, Adjutant General U. S. Army, Washington, D. C. Whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office. ARTICLE IX-That said Andrew Johnson, President of the United States, on the 22d day of February, in the year of our Lord 1868, at Wash ARTICLE VI. 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 21st day of February, in the yearington, in the District of Columbia, in disregard of of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, by force to seize, take, and possess the property of the United States in the Department of War, and then and there in the custody and charge of Edwin M. Stanton, Secretary for said Department, contrary to the provisions of an act entitled "An act to define and punish certain conspiracies," approved July 31. 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 a high crime in office. ARTICLE VII. 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 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, with intent unlawfully to seize, take, and possess the property of the United States in the Department of War, in the custody and charge of Edwin M. Stanton, Secretary for said Department, with intent to violate and disregard the 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 a high misdemeanor in office. ARTICLE VIII. That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of his oath of office, with intent unlawfully to control the disburse the Constitution and the laws of the United States duly enacted, as commander-in-chief of the army of the United States, did bring before himself then and there William H. Emory, a major general by brevet in the army of the United States, actually in command of the department of Washington and the military forces thereof, and did then and there, as such commander-inchief, declare to and instruct said Emory that part of a law of the United States, passed March 2. 1867, entitled "An act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," especially the second section thereof, which provided, among other things, that, "all orders and instructions relating to military operations issued by 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 unconstitutional, and in contravention of the commission of said Emory, and which said provision of law had been theretofore duly and 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 well knew, with intent thereby to induce said Emory in his official capacity as commander of the department of Washington, 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, according to the provisions of said act, and with the further intent thereby to enable him, the said Andrew Johnson, to prevent the |