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, Brevet Major General LORENZO THOMAS, Adjutant General U. S. Army, Washington, D. C. Official copy respectfully furnished to Hon. E. M. Stanton. 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. JOHN F. FARNSWORTH. H. E. PAINE. Resolution providing for the impeachment of Andrew Johnson, President of the United States: Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors in office. MONDAY, February 24, 1868. The House met at ten o'clock, and resumed the consideration of the resolution reported by the Committee on Reconstruction. After debate, the question was taken, and it was decided in the affirmative-yeas, 126; nays, 47; not voting, 17; as follows: YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baker, Bald win, 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, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen. 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, Shauks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Ellihu B. Washburne, William B. Washburn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge, and the Speaker-126. NAYS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, Richard D. Hubbard, Humphrey, Johnson, Jones, Kerr, Knott, Marshall, McCormick, McCulloch, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, Sitgreaves, Stewart, Stone, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, and Woodward-47. NOT VOTING-Messrs. Benjamin, Dixon, Donnelly, Ela, Finney, Garfield, Hawkins, Koontz, Maynard, Pomeroy, Robinson, Shellabarger, Thomas, John Trimble, Robert T. Van Horn, Henry D. Washburn, and William Williams-17. When the roll-call had been concluded, The SPEAKER said: The occupant of the chair cannot consent that his constituents should be silent on so grave a question, and therefore, as a member of this house, he votes "ay." On agreeing to the resolution, there are yeas 126, nays 47. So the resolution is adopted. Mr. STEVENS, of Pennsylvania. Mr. Speaker, I submit the following resolutions, on which I demand the previous question: Resolved, That a committee of two be appointed to go to the Senate, and at the bar thereof, in the name of the House of Representatives and of all the people of the United States, to impeach Andrew Johnson, President of the United States, of high crimes and misdemeanor in office, and acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles of impeachment against him and make good the same; and that the committee do demand that the Senate take order for the appearance of said Andrew Johnson to answer to said impeachment. 2. Resolved, That a committee of seven be appointed to prepare and report articles of impeachment against Andrew Johnson, President of the United States, with power to send for persons, papers, and records, and to take testimony under oath. After the rules had been suspended, the question was taken on the resolutions, and it was decided in the affirmative-yeas, 124; nays, 42; not voting, 23; as follows: 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, Cary, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode, Cullom, Dawes, Dodge, Driggs, Eckley, Eggleston, Elliot, Farnsworth, Ferriss, Ferry, Fields, Gravely, Gris wold, Halsey, Harding, Higby, Hill, Hooper, Hopkins, Chester D. Hubbard, Hulburd, Hunter, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Kitchen, 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, Poland, Polsley, Price, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Smith, Spalding, Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, Taylor, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Ellihu B. Washburne, William B. Washburn, Welker, Thomas Wiliams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, and Woodbridge-124. NAYS-Messrs. Adams, Archer, Axtell, Barnes, Barnum, Beck, Boyer, Brooks, Burr, Eldridge, Getz, Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, Humphrey, Johnson, Jones, Kerr, Knott, Marshall, McCormick, McCullough, Morgan, Morrissey, Mungen, Niblack, Nicholson, Phelps, Pruyn, Randall, Ross, Sitgreaves, Stone, Taber, Lawrence S. Trimble, Van Auken, Van Trump, Wood, and Woodward-42. NOT VOTING-Messrs. Benjamin, Chanler, Dixon, Donnelly, Ela, Finney, Fox, Garfield, Hawkins, Asahel W. Hubbard, Richard D. Hubbard, Koontz, Maynard, Plants, Pomeroy, Robinson, Shellabarger, Stewart, Thomas. John Trimble, Robert T. Van Horn, Henry D. Washburn, and William Williams-23. Messrs. Koontz and Thomas, who were unavoidably absent, were the next day permitted to record their votes in the affirmative, so that the vote, as thus amended, stood, yeas, 126; nays, 42; not voting, 21. The SPEAKER announced the following committees under the resolutions just adopted: Committee to communicate to the Senate the action of the House ordering an impeachment of the President of the United States.-Thaddeus Stevens, of Pennsylvania, and John A. Bingham, of Ohio. Committee to declare articles of impeachment against the President of the United States.George S. Boutwell, of Massachusetts; Thaddeus Stevens, of Pennsylvania; John A. Bingham, of Ohio; James F. Wilson, of Iowa; John A. Logan, of Illinois; George W. Julian, of Indiana; and Hamilton Ward, of New York. TUESDAY, February 25, 1868. Mr. Stevens, of Pennsylvania, and Mr. Bingham, the committee appointed to communicate to the Senate the action of the House ordering an impeachment of the President of the United States, appeared at the bar of the House. Mr. STEVENS, of Pennsylvania, said: Mr. Speaker, in obedience to the order of the House, we proceeded to the bar of the Senate, and in the name of this body and of all the people of the United States we impeached, as we were directed to do, Andrew Johnson, President of the United States, of high crimes and misdemeanors in office, and we demanded that the Senate should take order to make him appear before that body to answer for the same; and announced that the House would soon present articles of impeachment and make them good; to which the response was, "Order shall be taken." Mr. WASHBURNE, of Illinois. I ask unanimous consent to offer the following resolution: Resolved, That the rules be suspended, and that it is hereby ordered as follows: When the committee to prepare articles of impeachment of the President of the United States report the said articles the House shall immediately resolve itself into the Committee of the Whole thereon; that speeches in committee shall be limited to fifteen minutes each, which debate shall continue till the next legislative day after the report, to the exclusion of all other business except the reading of the journal; that at three o'clock on the afternoon of said second day the fifteen-minute debate shall cease, and the committee shall then proceed to consider and vote upon amendments that may be offered under the five-minute rule of debate; but no merely pro forma amendment shall be entertained; that at four o'clock on the afternoon of said second day the committee shall rise and report their action to the House, which shall immediately and without dilatory motions vote thereon; that if the articles of impeachment are agreed on, the House shall then immediately and without dilatory motions elect by ballot seven managers to conduct said impeachment on the part of the House; and that during the pendency of resolutions in the House relative to said impeachment thereafter no dilatory motions shall be received except one motion on each day that the House do now adjourn. Mr. WOOD. I object. Mr. WASHBURNE, of Illinois. I move to suspend the rules for the purpose of considering the resolution at this time. After debate, the question was taken, and it was decided in the affirmative--yeas, 106; nays, 37; not voting, 46. So (two-thirds voting in the affirmative) the rules were suspended, and the resolution was adopted. SATURDAY, February 29, 1868. Mr. BOUTWELL. I rise to a privileged question. The committee appointed to prepare and report articles of impeachment against Andrew Johnson, President of the United States, have instructed me to make a report, which I send to the Clerk's desk. The Clerk read 10 articles to be 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. These articles, as finally amended and adopted, will be found on pages 6-9 of this volume. The debate on them is reported in the Congressional Globe, fortieth Congress, second session. The House, in accordance with its order of February 25, resolved itself into a Committee of the Whole, (Mr. Washburne, of Illinois, in the chair,) and proceeded to consider the report of the committee to prepare articles of impeachment against the President of the United States. MONDAY, March 2, 1868. The House resolved itself into the Committee of the Whole, (Mr. Scofield in the chair,) and continued the consideration of the report of the committee to prepare articles of impeachment, which were afterwards adopted by a separate vote on each. The SPEAKER. Under the order adopted on the 25th of February, the House will now elect by ballot seven managers to conduct the impeachment before the Senate. Nominations are now in order. Nominations were made and the House proceeded to ballot, the Chair having appointed as tellers to conduct the election Messrs. Poland, Spalding, Jenckes, and Blair. The SPEAKER. The following gentlemen having received a majority of the votes cast by ballot for the election of managers to conduct the impeachment of the President of the United States, namely: John A. Bingham, George S. Boutwell, James F. Wilson, Benjamin F. Butler, Thomas Williams, Thaddeus Stevens, and John A. Logan, I declare them elected as such. Mr. BOUTWELL. I beg leave to present the following resolution, and on it I demand the previous question: Resolved, That a message be sent to the Senate to inform them that this house have appointed managers to conduct the impeachment against the President of the United States, and have directed the said managers to carry to the Senate the articles agreed upon by this house, to be exhibited in maintenance of their impeachment against said Andrew Johnson, and that the Clerk of the House do go with said message. The previous question was seconded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. BOUTWELL. I further offer the following resolution, and on it demand the previous question: Resolved, That the articles agreed to by this house, to be exhibited in the name of themselves and of all the people of the United States, against Andrew Johnson, President of the United States, in maintenance of their impeachment against him of high crimes and misdemeanors in office, be carried to the Senate by the managers appointed to conduct said impeachment. The previous question was seconded and the main question ordered; and under the operation thereof the resolution was agreed to. TUESDAY, March 3, 1868. The SPEAKER laid before the House the following: IN THE SENATE OF THE UNITED STATES, March 3, 1868. Ordered, That the Secretary of the Senate inform the House of Representatives that the Senate is ready to receive the managers appointed by the House of Representatives to carry to the Senate articles of impeachment against Andrew Johnson, President of the United States. The SPEAKER. The message will be entered upon the journal of the House. Mr. BUTLER reported an additional article of impeachment, which he was instructed by the board of managers on the part of the House to present; it was considered and adopted. Mr. BINGHAM offered the following resolutions, which were considered and adopted: Resolved, That the articles agreed to by the House this day, together with those adopted by the House on yesterday, to be exhibited in the name of the House of Representatives and of all the people of the United States, against Andrew Johnson, President of the United States, in maintenance of their impeachment against him for high crimes and misdemeanors in office, be carried to the Senate by the managers appointed to conduct said impeachment. Resolved. That the managers on the part of the House, in the matter of the impeachment of the President, be, and hereby are, authorized to appoint a clerk and a messenger, to be paid for their services at the usual rates during the time that they are employed; and that the managers have power to send for persons and papers, WEDNESDAY, March 4, 1868. Mr. BINGHAM offered the following resolution, which was considered and adopted: Resolved, That the House resolve itself into the Committee of the Whole, and attend, the managers appointed by the House to the Senate to present by its managers the articles of impeachment exhibited by the House against Andrew Johnson, President of the United States. The SPEAKER. In the absence of the senior member of the House, Mr. Washburne, of Illinois, the gentleman from Massachusetts, Mr. Dawes, will please take the chair in Committee of the Whole. The Committee of the Whole, preceded by its chairman, who will be supported by the Clerk and Doorkeeper, will follow the managers to the Senate chamber. Accordingly, at 1 o'clock p. m., the House, as in the Committee of the Whole, preceded by its chairman, Mr. Dawes, who was supported by the Clerk and Doorkeeper of the House, followed the managers of the House to the Senate chamber. [See the proceedings of the Senate. ] PRELIMINARY PROCEEDINGS IN THE SENATE IN THE IMPEACHMENT OF ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES, FOR HIGH CRIMES AND MISDEMEANORS. FORTIETH CONGRESS, SECOND SESSION.-Hon. BENJAMIN F. WADE, President pro tem. TUESDAY, February 25, 1868. Mr. Representative Stevens and Mr. Representative Bingham appeared at the bar of the Senate, and were announced as the committee from the House of Representatives. Mr. STEVENS. Mr. President, in obedience to the order of the House of Representatives, we appear 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 and make good the same; and in their name we demand that the Senate take order for the appearance of the said Andrew Johnson to answer said impeachment. The PRESIDENT pro tempore. The Senate will take order in the premises. The committee of the House thereupon withdrew. Mr. HOWARD, by unanimous consent, submitted the following resolution, which was read,、 considered, amended, and agreed to: Resolved, That the message of the House of Representatives relating to the impeachment of Andrew Johnson, President of the United States, be referred to a select committee of seven, to be appointed by the Chair, to consider and report thereon. The PRESIDENT pro tempore subsequently announced the committee, to consist of the following senators: Mr. Howard, Mr. Trumbull, Mr. Conkling, Mr. Edmunds, Mr. Morton, Mr. Pomeroy, and Mr. Johnson. WEDNESDAY, February 26, 1868. Mr. HOWARD, from the select committee appointed to consider and report upon the message of the House of Representatives in relation to the impeachment of Andrew Johnson, President of the United States, reported the following resolution: Whereas the House of Representatives, on the 25th day of the present month, by two of their members, Messrs. Thaddeus Stevens and John A. Bingham, at the bar of the Senate, impeached Andrew Johnson, Presi dent of the United States, of high crimes and misdemeanors in office, and informed the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him and make good the same; and likewise demanded that the Senate take order for the appearance of said Andrew Johnson to answer to the said impeachment: Therefore, Resolved, That the Senate will take proper order thereon, of which due notice shall be given to the House of Representatives. And the committee further recommend to the Senate that the Secretary of the Senate be directed to notify the House of Representatives of the foregoing resolution. The resolution was considered by unanimous consent, and agreed to. Mr. HOWARD. I ask that an order be made directing the Secretary to transmit the resolution just adopted, which is in the usual form, to the House of Representatives. The PRESIDENT pro tempore. That will be done, as a matter of course, without any formal order. FRIDAY, February 28, 1868. The Senate postponed all other business, and proceeded to consider the report of the select committee respecting impeachment, presented by Mr. Howard. It embraced the rules of procedure and practice in the Senate when sitting for the trial of an impeachment; which, after discussion and amendment, were adopted on March 2, 1868. They will be found on pages 12-15 of this volume. WEDNESDAY, March 4, 1868. The managers of the impeachment on the part of the House of Representatives appeared at the bar, and their presence was announced by the Sergeant-at-arms. The PRESIDENT pro tempore. The managers of the impeachment will advance within the bar and take the seats provided for them. The managers on the part of the House of Representatives came within the bar and took the seats assigned to them in the area in front of the Chair. Mr. Manager BINGHAM. Mr. President, the managers of the House of Representatives, by order of the House, are ready at the bar of the Senate, whenever it may please the Senate to hear them, to present articles of impeachment and in maintenance of the impeachment preferred against Andrew Johnson, President of the United States, by the House of Representatives. The PRESIDENT pro tempore. The Sergeant-at-arms will make proclamation. The SERGEANT-AT-ARMS. Hear ye! hear ye! hear ye! All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Andrew Johnson, President of the United States. The managers then rose and remained standing, with the exception of Mr. Stevens, who was physically unable to do so, while Mr. Manager Bingham read the articles of impeachment, as follows: 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 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 coneur 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 twentyfirst 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: "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, 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, "To the Hon. EDWIN M. STANTON, Washington, D. C." "ANDREW JOHNSON. 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. |