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

by J. T. Trowbridge

Art. 6. That the said Andrew Johnson, President of the United States, unmindful of the duties of his high office, and of his oath of office, 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 by force, to seize and take possession of property of the United States in the War Department, contrary to the provisions of an act entitled “An act to define and punish certain conspiracies,” approved July 21, 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.

Art. 7. 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 one thousand eight hundred and sixty-eight, and on divers other days in said year, before the 28th day of February, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas to prevent and hinder the execution of an act of the United States, entitled “An act regulating the tenure of certain civil offices,” passed March 5, 1867, and in pursuance of said conspiracy did unlawfully attempt to prevent Edwin M. Stanton, then and there being Secretary for the Department of War, under the laws of the United States, from holding said office, to which he had been duly appointed and commissioned, whereby said Andrew Johnson, President of the United States, did then and there commit, and was guilty of high misdemeanor in office.

Art. 8. 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 one thousand eight hundred and sixty, eight, at Washington, in the District of Columbia, did unlawfully conspire with one Lorenzo Thomas to seize and take possession of the property of the United States in the War 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.

Art. 9. 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 disbursement 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 one thousand eight hundred and sixty-eight, 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, appoint Lorenzo Thomas Secretary of War ad interim, and then and there deliver to said Lorenzo Thomas letter of authority, in writing, in substance as follows, that is to say:

(See Art. 2.)

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

Art. 10. That said Andrew Johnson, President of the United States, on the 22d day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, in disregard of the Constitution and the laws of Congress duly enacted, as Commander-in-Chief of the Army of the United States, did bring before him 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-in-Chief, 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 provides among other things, that “all orders in 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 therefore not binding on him as an officer in the Army of the United States, 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, whereby said Andrew Johnson, President of the United States, did then and there commit and was guilty of a high misdemeanor in office; 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 answer 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.

To these Articles was afterward added:

Art. 11. That the said Andrew Johnson, President of the United States, unmindful of the high duties of his office and of the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the Government of the United States, designing and intending to set aside the rightful authority and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt, and reproach, 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, which all officers of the Government ought inviolately to preserve and maintain, and to excite the odium and resentment of all the good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly, and before divers assemblages of the citizens of the United States convened in divers parts thereof, to meet and receive said Andrew Johnson as the 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, amid the cries, jeers, and laughter of the multitude then assembled and in hearing, which are set forth in the several specifications hereinafter written, in substance and effect; that is to say:

Specification 1.—In this, that at Washington, in the District of Columbia, in the Executive Mansion, to a committee of citizens who called upon the President of the United States, speaking of and concerning the Congress of the United States, said Andrew Johnson, President of the United States, heretofore, to wit: on the 18th day of August, in the year of our Lord, 1866, did in a loud voice declare, in substance and effect, among other things, that is to say: