the State, leave out that disturbing and dangerous element, and use only those parts of the machinery which will move in harmony. "But in calling a convention to restore the State, who shall restore and re-establish it? Shall the man who gave his influence and his means to destroy the Government? Is he to participate in the great work of reorganization? Shall he who brought this misery upon the State be permitted to control its destinies? If this be so, then all this precious blood of our brave soldiers and officers so freely poured out will have been wantonly spilled. All the glorious victories won by our noble armies will go for nought, and all the battlefields which have been sown with dead heroes during the rebellion will have been made memorable in vain." In a speech at Washington, Feb. 22nd, 1866, Johnson said: "The Government has stretched forth its strong arm, and with its physical power it has put down treason in the field. That is, the section of country that arrayed itself against the Government has been conquered by the force of the Government itself. Now, what had we said to those people? We said, 'No compromise; we can settle this question with the South in eight and forty hours.' "I have said it again and again, and I repeat it now, 'disband your armies, acknowledge the supremacy of the Constitution of the United States, give obedience to the law, and the whole question is settled.' "What has been done since? Their armies have been disbanded. They come now to meet us in a spirit of magnanimity and say, 'We were mistaken; we made the effort to carry out the doctrine of secession and dissolve this Union, and having traced this thing to its logical and physical results, we now acknowledge the flag of our country, and promise obedience to the Constitution and the supremacy of the law." "I say, then, when you comply with the Constitution, when you yield to the law, when you acknowledge allegiance to the Government-I say let the door of the Union be opened, and the relation be restored to those that had erred and had strayed from the fold of our fathers." It is not partisanship to say that Johnson's views had undergone a change. He did not admit this in his speeches, but the fact was accepted in all sections, and the leaders of parties took position accordingly -nearly all of the Republicans against him, nearly all of the Democrats for him. So radical had this difference become that he vetoed nearly all of the political bills passed by the Republicans from 1866 until the end of his administration, but such was the Republican preponderance in both Houses of Congress that they passed them over his head by the necessary two-thirds vote. He vetoed the several Freedmen's Bureau Bills, the Civil Rights Bill, that for the admission of Nebraska and Colorado, the Bill to permit Colored Suffrage in the District of Columbia, one of the Reconstruction Bills, and finally made a direct issue with the powers of Congress by his veto of the Civil Tenure Bill, March 2, 1867, the substance of which is shown in the third section, as follows: SEC. 3. That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled as aforesaid during such next session of the Senate, such office shall remain in abeyance without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. The bill originally passed the Senate by 22 to 10-all of the nays Democrats save Van Winkle and Willey. It passed the House by 112 to 41-all of the yeas Republicans; all of the nays Democrats save Hawkins, Latham and Whaley. The Senate passed it over the veto by 35 to 11 -a strict party vote; the House by 138 to 40-a strict party vote, except Latham (Rep.) who voted nay. The refusal of the President to enforce this act, and his attempted removal of Secretary Stanton from the Cabinet when against the wish of the Senate, led to the effort to impeach him. Stanton resisted the President, and General Grant took an active part in sustaining the War Secretary. He in fact publicly advised him to "stick," and his attitude showed that in the great political battle which must follow, they would surely have the support of the army and its great commander. Army, appointing him Secretary of War ad interim, directing the one to surrender and the other to receive, all the books, papers, and public property belonging to the War Department. As these orders fill an important place in the history of the impeachment, we give them here. The order to Mr. Stanton reads: "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, 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.' The order to General Thomas reads: "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 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, and other public property now in his custody and charge." These orders having been officially communicated to the Senate, that body, after an earnest debate, passed the following resolution: "Resolved, by the Senate of the United States, That under the Constitution and laws of the United States the President has no power to remove the Secretary of War and designate any other officer to per form the duties of that office." The President, upon the 24th, sent a message to the Senate, arguing at length that not only under the Constitution, but also under the laws as now existing, he had the right of removing Mr. Stanton and appointing another to fill his place. The point of his argument is: That by a special proviso in the Tenure-of-Office Bill the various Secretaries of Departments "shall hold their offices respectively for and during the term of the President by whom they may have been appointed, and for one month thereafter, subject to removal by and with the advice of the Senate." The President affirms that Mr. Stanton was appointed not by him, but by his predecessor, Mr. Lincoln, and held office only by the sufferance, not the appointment, of the present Executive; and that therefore his tenure is, by the express reading of the law excepted from the general provision, that every person duly appointed to office, "by and with the advice and consent of the Senate," etc., shall be "entitled to hold office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided." The essential point of the President's argument, therefore, is that, as Mr. Stanton was not appointed by him, he had, under the Tenure-of-Office Bill, the right at any time to remove him; the same right which his own successor would have, no matter whether the incumbent had, by sufferance, not by appointment of the existing Executive, held the office for weeks or even years. "If," says the President, "my successor would have the power to remove Mr. Stanton, after permitting him to remain a period of two weeks, because he was not ap pointed by him, I who have tolerated Mr. Stanton for more than two years, certainly have the same right to remove him, upon the same ground, namely that he was not appointed by me but by my predecessor." In the meantime General Thomas presented himself at the War Department and demanded to be placed in the position to which he had been assigned by the President. Mr. Stanton refused to surrender his post, and ordered General Thomas to proceed to the apartment which belonged to him as Adjutant-General. This order was not obeyed, and so the two claimants to the Secretaryship of War held their ground. A sort of legal by-play then ensued. Mr. Stanton entered a formal complaint before Judge Carter, Chief Justice of the Supreme Court of the District of Columbia, charging that General Thomas had illegally exercised and attempted to exercise the duties of Secretary of War; and had threatened to "forcibly remove the complainant from the buildings and apartments of the Secretary of War in the War Department, and forcibly take possession and control thereof under his pretended appointment by the President of the United States as Secretary of War ad interim," and praying that he might be arrested and held to answer this charge. General Thomas was accordingly arrested, and held to bail in the sum of $15,000 to appear before the court on the 24th. Appearing on that day he was discharged from custody and bail; whereupon he entered an action against Mr. Stanton for false imprisonment, laying his damages at $150,000. On the 22d of February the House Committee on Reconstruction, through its Chairman, Mr. Stevens, presented a brief report, merely stating the fact of the attempted removal by the President of Mr. Stanton, and closing as follows: "Upon the evidence collected by the Committee, which is hereafter 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, should be impeached of high crimes and misde- | cuted, did unlawfully and in violation of the meanors. They, therefore, recommend to the House the adoption of the following resolution: "Resolved, That Andrew Johnson, President of the United States be impeached of high crimes and misdemeanors." After earnest debate, the question on the resolution was adopted, on the 24th, by a vote of 126 to 47. A committee of two members-Stevens and Bingham-were to notify the Senate of the action of the House; and another committee of sevenBoutwell, Stevens, Bingham, Wilson, Logan, Julian, and Ward-to prepare the articles of impeachment. On the 25th (February) Mr. Stevens thus announced to the Senate the action which had been taken by the House: "In obedience to the order of the House of Representatives we have appeared before you, 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 further inform the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, to make good the same; and in their name we demand that the Senate take due order for the appearance of the said Andrew Johnson to answer to the said impeachment." The Senate thereupon, by a unanimous vote, resolved that this message from the House should be referred to a select Committee of Seven, to be appointed by the chair, to consider the same and report thereon. The Committee subsequently made a report laying down the rules of procedure to be observed on the trial. On the 29th of February the Committee of the House appointed for that purpose presented the articles of impeachment which they had drawn up. These, with slight modification, were accepted on the 2d of March. They comprise nine articles, eight of which are based upon the action of the President in ordering the removal of Mr. Stanton, and the appointment of General Thomas as Secretary of War. The general title to the impeachment is: laws and Constitution of the United States, perform the several acts specified in the articles respectively;" closing with the declaration: "Whereby the said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office." The phraseology is somewhat varied. In some cases the offense is designated as a "misdemeanor," in others as a crime." The whole closes thus: 66 "And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles or other accusation or impeachment against the said Andrew Johnson, President of the United States, and also of replying to his answers which he shall make to the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them as the case shall require, do demand that the said Andrew Johnson may be put to answer the high crimes and misdemeanors in office herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice." The following is a summary in brief of the points in the articles of impeachment, legal and technical phraseology being omitted: Article 1. Unlawfully ordering the removal of Mr. Stanton as Secretary of War, in violation of the provisions of the Tenure of-Office Act.-Article 2. Unlawfully_appointing General Lorenzo Thomas as Secretary of War ad interim.-Article 3 is substantially the same as Article 2, with the addition that there was at the time of the appointment of General Thomas no vacancy in the office of Secretary of War.Article 4 charges the President with "conspiring with one Lorenzo Thomas and other persons, to the House of Representatives unknown," to prevent, by intimidation and threats, Mr. Stanton, the legally-appointed Secretary of War, from holding that office. -Article 5 charges the President with conspiring with General Thomas and others to hinder the execution of the Tenure-ofOffice Act; and, in pursuance of this conspiracy, attempting to prevent Mr. Stanton from acting as Secretary of War.-Article 6 charges that the President conspired with General Thomas and others to take forcible possession of the War Department.-ArtiEach of the articles commences with a cle 7 repeats the charge, in other terms, preamble to the effect that the President, that the President conspired with General 'unmindful of the high duties of his office, Thomas and others to hinder the execution of his oath of office, and of the require- of the Tenure-of-Office Act, and to prements of the Constitution that he should vent Mr. Stanton from executing the office take care that the laws be faithfully exe-of Secretary of War.-Article 8 again 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, Is maintenance and support of their impeachment against him for high crimes and misdemeanors in office." Chief Magistrate of the United States, did on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as afterward, make and deliver with a loud voice certain intemperate, inflammatory, and scandalous harangues, and did therein utter loud threats and bitter menaces as well against Congress as the laws of the United States duly enacted thereby." charges the President with conspiring with | convened in divers parts thereof to meet General Thomas and others to take posses- and receive said Andrew Johnson as the sion of the property in the War Department.-Article 9 charges that the President called before him General Emory, who was in command of the forces in the Department of Washington, and declared to him that a law, passed on the 30th of June, 1867, directing 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 not binding upon General Emory; the intent being to induce General Emory to violate the law, and to obey orders issued directly from the President. To this article are appended copious extracts from speeches of Mr. Johnson. The second article is substantially as follows: "The President did, on the 18th day of August, 1866, at the City of Washington, by public speech, declare and affirm in The foregoing articles of impeachment substance that the Thirty-ninth Congress were adopted on the 2d of March, the of the United States was not a Congress votes upon each slightly varying, the aver- of the United States, authorized by the age being 125 ayes to 40 nays. The ques- Constitution to exercise legislative power tion then came up of appointment of man- under the same, but, on the contrary, was agers on the part of the House to conduct a Congress of only a part of the States, the impeachment before the Senate. Upon thereby denying and intending to deny this question the Democratic members did that the legislation of said Congress was not vote; 118 votes were cast, 60 being valid or obligatory upon him, except in so necessary to a choice. The following was far as he saw fit to approve the same, and the result, the number of votes cast for did devise and contrive means by which he each elected manager being given: Stevens might prevent Edwin M. Stanton from of Penn., 105; Butler, of Mass., 108; Bing-forthwith resuming the functions of the ham, of Ohio, 114; Boutwell, of Mass., office of Secretary for the Department of 113; Wilson, of Iowa, 112; Williams, of War; and, also, by further unlawfully dePenn., 107; Logan, of Ill., 106. The fore-vising and contriving means to prevent the going seven Representatives were, there execution of an act entitled 'An act makfore, duly chosen as Managers of the Billing appropriations for the support of the of Impeachment. The great body of the Democratic members of the House entered a formal protest against the whole course of proceedings involved in the impeachment of the President. They claimed to represent "directly or in principle more than one-half of the people of the United States." This protest was signed by fortyfive Representatives. On the 3d the Board of Managers presented two additional articies of impeachment, which were adopted by the House. The first charges, in substance, that 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, did commit and was guilty of a high misdemeanor in office." On the 4th of March the Senate notified the House that they were ready to receive the Managers of the Impeachment. They appeared, and the articles were formally read. The Senate had meanwhile adopted the rules of procedure. Chief Justice Chase sent a communication to the Senate to the "The President, unmindful of the high duties of his office and of the harmony and courtesies which ought to be main-effect that this body, when acting upon an tained between the executive and legislative branches of the Government of the United States, designing to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace the Congress of the United States and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it enacted; and in pursuance of his said design openly and publicly, and before divers assemblages impeachment, was a Court presided over by the Chief Justice, and that all orders and rules should be framed by the Court. On the 5th the Court was formally organized. An exception was taken to the eligibility of Mr. Wade as a member of the Court, on the ground that he was a party interested, since, in the event of the impeachment be ing sustained; he, as President of the Senate, would become Acting President of the United States. This objection was withdrawn, and Mr. Wade was sworn as a member of the Court. On the 7th the summons for the President to appear was formally served upon him. On the 13th the Court was again formally reopened. The Presi- February 21st, for such removal, designing dent appeared by his counsel, Hon. Henry to thus bring the matter before the SuStanbery, of Ohio; Hon. Wm. M. Evarts, preme Court. He then proceeds formally of New York; Hon. Wm. S. Groesbeck, of to deny that at this time Mr. Stanton was Ohio; Hon. Benjamin R. Curtis, of Massa- in lawful possession of the office of Secrechusetts; Hon. Thomas A. R. Nelson, of tary of War; and that, consequently, the Tennessee, who asked for forty days to pre-order for his removal was in violation of the pare an answer to the indictment. This Tenure-of-Office Act; and that it was in was refused, and ten days granted; it be- violation of the Constitution or of any law; ing ordered that the proceedings should or that it constituted any official crime or reopen on the 23d. Upon that day the misdemeanor. President appeared by his counsel, and presented his answer to the articles of impeachment. This reply was in substance as follows: The first eight articles in the Bill of Impeachment, as briefly summed up in our last record, are based upon the action of the President in ordering the removal of Mr. Stanton, and the temporary appointment of General Thomas as Secretary of War. The gist of them is contained in the first article, charging the unlawful removal of Mr. Stanton; for, this failing, the others would fail also. To this article a considerable part of the President's answer is devoted. It is mainly an amplification of the points put forth in the Message of February 24th, in which he gave his reasons for his orders. The President cites the laws by which this department of the administration was created, and the rules laid down for the duties pertaining to it; prominent among which are: that the Secretary shall "conduct the business of the department in such manner as the President of the United States shall from time to time order and instruct;" and that he should "hold the office during the pleasure of the President;" and that Congress had no legal right to deprive the President of the power to remove the Secretary. He was, however, aware that the design of the Tenure-of-Office Bill was to vest this power of removal, in certain cases, jointly in the Executive and the Senate; and that, while believing this act to be unconstitutional, yet it having been passed over his veto by the requisite majority of two-thirds, he considered it to be his duty to ascertain in how far the case of Mr. Stanton came within the provisions of this law; after consideration, he came to the conclusion that the case did not come within the prohibitions of the law, and that, by that law he still had the right of removing Mr. Stanton; but that, wishing to have the case decided by the Supreme Court, he, on the 12th of August, issued the order merely suspending, not removing, Mr. Stanton, a power expresly granted by the Tenure-of-Office Act, and appointed General Grant Secretary of War ad interim. The President then recites the subsequent action in the case of Mr. Stanton; and, as he avers, still believing that he had the constitutional power to remove him from office, issued the order of In regard to the seven succeeding articles of impeachment the President, while admitting the facts of the order appointing General Thomas as Secretary of War ad interim, denies all and every of the criminal charges therein set forth. So of the ninth article, charging an effort to induce General Emory to violate the law, the President denies all such intent, and calls attention to the fact that while, for urgent reasons, he signed the bill prescribing that orders to the army should be issued only through the General, he at the same time declared it to be, in his judgment, unconstitutional; and affirms that in his interview with General Emory he said no more than he had before officially said to Congress— that is, that the law was unconstitutional. As to the tenth article, the first of the supplementary ones, the President, while admitting that he made certain public speeches at the times and places specified, does not admit that the passages cited are fair reports of his remarks; denies that he has ever been unmindful of the courtesies which ought to be maintained between the executive and legislative departments; but he claims the perfect right at all times to express his views as to all public matters. The reply to the eleventh article, the second supplementary one, is to the same general purport, denying that he ever affirmed that the Thirty-ninth Congress was not a valid Congress of the United States, and its acts obligatory only as they were approved by him; and denying that he had, as charged in the article, contrived unlawful means for preventing Mr. Stanton from resuming the functions of Secretary of War, or for preventing the execution of the act making appropriations for the support of the army, or that to provide for the more efficient government of the rebel States. In his answer to this article the President refers to his reply to the first article, in which he sets forth at length all the steps, and the reasons therefor, relating to the removal of Mr. Stanton. In brief, the answer of the President to the articles of impeachment is a general denial of each and every criminal act charged in the articles of impeachment. The counsel for the President then asked for a delay of thirty days after the replication of the managers of the impeachment should have been rendered, before the trial should |