Schenck of Ohio, and recommitted. The bill was reported without amendment on the 7th and passed, the vote being 127 to 32, 28 not voting. A substitute amendment was agreed to by the Senate January 9, 1868, and on the 15th the bill with further amendments passed, the vote being 33 to 4, 16 not voting. The bill received its final form from a conference committee. The bill was presented to the President January 23, and became law February 4 under the ten days rule.

REFERENCES. Text in U.S. Statutes at Large, XV, 34. For the proceedings see the House and Senate Journals, 40th Cong., 2d Sess., and the Cong. Globe. The financial situation was discussed at especial length in the Senate. See also Senate Report 4.

AN ACT to suspend further Reduction of the Currency.

Be it enacted . . That from and after the passage of this act, the authority of the Secretary of the Treasury to make any reduction of the currency, by retiring or cancelling United States notes, shall be, and is hereby, suspended; but nothing herein contained shall prevent the cancellation and destruction of mutilated United States notes, and the replacing of the same with notes of the same character and amount.

No. 66. Articles of Impeachment

March 2-3, 1868

DECEMBER 17, 1866, James M. Ashley of Ohio moved in the House to suspend the rules for the purpose of reporting from the Committee on Territories a resolution for the appointment of a select committee "to inquire whether any acts have been done by any officer of the Government of the United States which, in contemplation of the Constitution, are high crimes or misdemeanors, and whether said acts were designed or calculated to overthrow, subvert, or corrupt the Government of the United States, or any department thereof." The vote was 90 to 49, but two-thirds being necessary, the motion was lost. January 7, 1867, resolutions for the impeachment of President Johnson were offered by Benjamin F. Loan and John R. Kelso of Missouri, and referred, respectively, to the Committee on Reconstruction and the Committee on the Judiciary. On the same day Ashley, as a question of privilege, impeached Johnson of high crimes and misdemeanors, charging him "with a usurpation of power and violation of law" in having corruptly used the powers of ap

pointment, pardon, and veto, "corruptly disposed of public property of the United States,” and “corruptly interfered in elections, and committed acts which, in contemplation of the Constitution, are high crimes and misdemeanors." By a vote of 108 to 39 the charges were referred to the Committee on the Judiciary for investigation. February 28 the committee reported that, from lack of time, it had reached no conclusion. March 7 a resolution submitted by Ashley directed the continuance of the investigation, and on the 29th, on motion of Sidney Clarke of Kansas, the committee was requested to report at the first meeting of the House after the recess. November 25 George S. Boutwell of Massachusetts submitted the majority report of the committee. The report closed with a resolution that the President "be impeached for high crimes and misdemeanors." December 7, by a vote of 57 to 108, the resolution was disagreed to. The evidence taken by the Committee on the Judiciary, together with the correspondence between Johnson and Grant, was referred to the Committee on Reconstruction. February 21, 1868, Stanton communicated to the House Johnson's order removing him from the office of Secretary of War; this, with a resolution for the impeachment of the President, was also referred to the Committee on Reconstruction. On the 22d the committee reported a resolution recommending impeachment, which was agreed to on the 24th by a vote of 128 to 47. Committees were appointed to prepare the articles of impeachment and to notify the Senate. The action of the House was communicated to the Senate on the 25th. Nine articles of impeachment were agreed to by the House March 2, two additional articles being approved the following day. On the 4th the articles were read to the Senate, and on the 6th an order was entered directing the issuance of a summons to the President to file an answer to the charges, the order being made returnable March 13. A request for more time in which to prepare an answer secured an extension to the 23d. On that date the answer of the President was read. A request for thirty days in which to complete preparations for the trial was denied, the vote being 12 to 41. The trial began March 30, Chief Justice Chase presiding, and continued until May 12. May 16 a vote was taken on Article XI of the charges. The vote was 35" guilty," 19" not guilty." Votes on Articles II and III, May 26, showed the same result, whereupon the court, by a vote of 34 to 16, adjourned sine die. Judgment of acquittal was entered on the three articles on which a vote was taken.

For convenience, the votes on the adoption of the several articles are given in brackets after each article in the text following.

REFERENCES. - Text in House Journal, 40th Cong., 2d Sess., 440-465. For the proceedings prior to the trial see the House and Senate Journals and the Cong. Globe; for the trial see the Senate Journal, Appendix, and the Cong. Globe, Supplement. The report of November 25, 1867, is House Report 7, 40th Cong., Ist Sess. On the Stanton-Grant episode see House Exec. Docs. 57, 149,

168 and 183, 40th Cong., 2d Sess. Extracts from Johnson's interviews and speeches are given in McPherson, Reconstruction, 44-63, 127-143. The early impeachment testimony is in House Report 7, 40th Cong., 1st Sess.; for the articles and fuller testimony see House Misc. Doc. 91, 40th Cong., 2d Sess. On the conduct of the impeachment see House Reports 74 and 75, Senate Report 59, and Senate Misc. Doc. 43, 40th Cong., 2d Sess. Important general references are De Witt, Impeachment and Trial of Andrew Johnson; Foster, Commentaries on the Constitution, I, 546-564; Dunning, Essays, 253-303; Storey, Sumner, chap. 19; McCall, Thaddeus Stevens, chaps. 15 and 18; Sherman, Recollections, I, chap. 19; Cox, Three Decades, chap. 32; Blaine, Twenty Years of Congress, II, chap. 14.

ARTICLE I. That said Andrew Johnson, President of the United States, on the twenty-first day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Washington, in the District of Columbia, unmindful of the high duties of his office, of his oath of office, and of the requirement of the Constitution that he should take care that the laws be faithfully executed, did unlawfully, and in violation of the Constitution and laws of the United States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary 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 twelfth day of August, in the year of our Lord one thousand eight hundred and sixty-seven, 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 twelfth 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 thirteenth day of January, in the year of our Lord one thousand eight hundred and sixty-eight, 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 second, eighteen hundred and sixty-seven, said Edwin M. Stanton did forthwith 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 twenty-first day of February, being lawfully entitled to hold said office of Secretary for the Department 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 Hon. 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 second, eighteen hundred and sixty-seven, 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.

[Agreed to, 127 to 42, 20 not voting.]

ARTICLE II. That on said twenty-first day of February

[1868]. at Washington, in the District of Columbia, said Andrew Johnson unmindful of the high duties of his office, of his oath of office, and in violation of the Constitution of the United States, and contrary to the provisions of . . . [the Tenure of Office Act] . . ., 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 substance as follows, that is to say:

EXECUTIVE MANSION,

Washington, D.C., February 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 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,

To Brevet Major General LORENZO THOMAS, Adjutant General U.S. Army, Washington, D.C.

ANDREW JOHNSON.

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.

[Agreed to, 124 to 41, 24 not voting.]

ARTICLE III. That said Andrew Johnson, . . . [on February 21, 1868]..., at Washington, in the District of Columbia, did commit and was guilty of a high misdemeanor in 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