A Picture of the Desolated States, and the Work of Restoration. 1865-1868

by J. T. Trowbridge

Washington, D. C., Feb. 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,

Andrew Johnson.

To Brevet Major-Gen. Lorenzo Thomas, Adjutant-General U. S. A., Washington, D. C.

Whereby the said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office.

Art. 3. That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord one thousand eight hundred and sixty-eight, 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 Thomas to be Secretary for the Department of War ad interim, without the advice and consent of the Senate, and in violation of 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 the said Andrew Johnson, of the said Lorenzo Thomas, is in substance as follows: (See Art. 2.)

Art. 4. 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 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, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, with intent by intimidation and threats to hinder and prevent Edwin M. Stanton, then and there the Secretary for the Department of War, duly appointed under the laws of the United States, from holding said office for Secretary of the Department of War, contrary to and in violation of the Constitution of the United States, and of the provision of an act, entitled “An act to define and punish certain conspiracies,” approved July 21, 1861, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high crime in office.

Art. 5. That the 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, and on divers other days and times in said year, before the 28th day of said February, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas, and with other persons to the House of Representatives unknown, by force to prevent and hinder the execution of an act entitled “An act regulating the tenure of certain civil offices,” passed March 2, 1867, and in pursuance of said conspiracy did attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, duly appointed and commissioned under the laws of the United States, from holding such 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.