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第30章

history of the impeachment of andrew johnson-第30章

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red and sixty…seven and to unlawfully prevent Edwin M。 Stanton then being Secretary for the Department of War; from holding said office and discharging the duties thereof; 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 or the United States; and also of replying to his answers which he shall wake unto 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

ARTICLE X。

That said Andrew Johnson; President of the United States; unmindful of the high duties of his office; and 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 powers thereof; (which all officers of the government ought inviolably 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 eighteenth day of August; in the year of our Lord one thousand eight hundred and sixty…six; 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; jeer; and laughter of the multitudes then assembled and in hearing。

ARTICLE XI。

That said Andrew Johnson; President of the United States; unmindful of the high duties of his office; and of his oath of offce; and in disregard of the Constitution and laws of the United States; did; heretofore; to wit; on the eighteenth day of August; A。 D。 eighteen hundred and sixty…six; at the City of Washington; and the District of Columbia; by public speech; declare and affirm; in substance; that the thirty…ninth Congress of the United States was not a Congress of the United States authorized by the Constitution to exercise legislative power under the same。 but; on the contrary; was a Congress of only part of the States; thereby denying; and intending to deny; that the legislation of said Congress was valid or obligatory upon him; the said Andrew Johnson; except in so far as he saw fit to approve the same; and also thereby denying; and intending to deny; the power of the said thirty…ninth Congress to 。propose amendments to the Constitution of the United States; and; in pursuance of said declaration; the said Andrew Johnson; President of the United States; afterwards; to…wit; on the twenty first day of February; A。 D。 eighteen hundred and sixty…eight; at the city of Washington; in the District of Columbia; did; unlawfully; and in disregard of the requirements of the Constitution that he should take care that the laws be faithfully executed; attempt to prevent the execution of an act entitled 〃An act regulating the tenure of certain civil offices;〃 passed March second; eighteen hundred and sixty…seven; by unlawfully devising and contriving; and attempting to devise and contrive means by which he should prevent Edwin M。 Stanton from forthwith resuming the functions of the office of Secretary for the Department of War; notwithstanding the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of said Edwin M。 Stanton from said office of Secretary for the Department of War; and; also; by further unlawfully devising and contriving; and attempting to devise and contrive means; then and there; to prevent the execution of an act entitled 〃An act making appropriations for the support of the army for the fiscal year ending June thirtieth; eighteen hundred and sixty…eight; and for other purposes;〃 approved March second; eighteen hundred and sixty…seven; 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 second; eighteen hundred and sixty…seven; whereby the said Andrew Johnson; President of the United States; did then; to wit; on the twentyfirst day of February; A。 D。 eighteen hundred and sixty…eight; at the city of Washington; commit; and was guilty of; a high misdemeanor in office。

Schuyler Colfax; Speaker of the House of Representatives。 Attest: Edward McPherson; Clerk of the House of Representatives。


At the conclusion of the reading of the Articles of Impeachment; the President of the Senate responded that 〃the Senate will take order upon the subject of impeachment; of which proper notice will be given to the House of Representatives。〃

In addition to the Speaker and Managers; a large number of the members of the House of Representatives were present to witness the extraordinary and impressive proceedings; and at its close all withdrew and the Senate resumed the routine business of the day's session。

On Monday; March 23rd; 1868; the President; by his attorneys; appeared at the bar of the Senate and made answer to the several Articles of Impeachment; as follows:

(Answer to only the 1st; 2nd; 3rd; and 11th Articles; are here given; as the 2nd; 3rd and 11th were the only Articles put to voteall others being abandoned; and as the 1st Article; though never put to vote; contained practically all there was of the impeachment。)

ANSWER TO ARTICLE I。

For answer to the first article he said: That Edwin M。 Stanton was appointed Secretary for the Department of War on the 15th day of January; A。 D。 1862; by Abraham Lincoln; then President of the United States; during the first term of his presidency; and was commissioned; according to the Constitution and laws of the United States; to hold the said office during the pleasure of the President; that the office of Secretary for the Department of War was created by an act of the first Congress in its first session; passed on the 7th day of August; A。D。 1789; and in and by that act it was provided and enacted that the said Secretary for the Department of War shall perform and execute such duties as shall from time to time be enjoined on and intrusted to him by the President of the United States; agreeably to the Constitution; relative to the subjects within the scope of said department; and furthermore; that the Secretary shall conduct the business of the said department in such a manner as the President of the United States shall; from time to time; order and instruct。

And this respondent further answering; says that by force of the act aforesaid and by reason of his appointment aforesaid the said Stanton became the principal officer in one of the executive departments of the government within the true; intent and meaning of the second section of the second article of the Constitution of the United States; and according to the true intent and meaning of that provision of the Constitution of the United States: and; in accordance with the settled and uniform practice of each and every President of the United States; the said Sta

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