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U jiP,ID & C0„]
A Family Journal for the Dissemination of General Intelligence, Miscellany, Agricultural, Commercial, Political and Religious Information.
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MACON, GA., FRIDAY, APRIL 3, 1868.
{VOL. III.—KO. 1
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ANSWER OF THE PRES IDEM
IMPEACHMENT ARTICLES.
Senate of the United Statei, Sitting a* a
Court of Impeachment for the Trial of
Andrew John.on, President of the United
State*. *
The answer of the said Andrew Johnson,
President of the United States, to the articles
of impeachment exhibited against him by
the House of Representatives of the United
States:
ANSWER TO ARTICLE I.
Foran wcr to tbe firet article he says, that Edwin
M. Blanton wtu appoint'd Secretary tor the Depart
ment «>t \\ ar on the lath day of Jauuary, A. D.. 1$ 2,
by norabatn Linoln. thtu President of the Doited
Malta, (lmi g the fir t term of hi* Preatlcnry. and
was o-.ui... t.'.i*. r rJ, aocurJi..c - >0 the Constitution and
Ians M the ItiiM at te», to hold the said office
dunes the pleasure of the President: that the office
. of ao retar; for m» Depanuei.t • r War was created
n.rlnw little use for l unkee nctio bym act of lha First Cuncress in iu first aetaion,
U hunt ..... »•■.»«* ”»tbeTthdaj ,.f August, -A. b„ Kf#.. and in
" . 0DC itssnn from the hook is usu
with two on Radical politics and
,f the white race South, we d« dined
' - 1 A nemher of gentlemen, however,
. the ctmttrsy in good faitli and ns
, r ,tn a gtMlmnn. appeared nnd took
up«u> the stand, where they Imd
rUa . 0W u f listening, until lliey could
it no longer, t<> *'‘«° n of “*• ,nd
„1 The South from a Yankee reverend
. w i,o a.lilrtssed the assembly.—
the clutreeter «l this ou nge
.•tillered from *1"* pr’ ,trtl of KcV -
.fills and R t -v. £. w. Warren, which
in our columns this morning.
PniaiDE t's Answer —We devote
,ur mace this morning to the answer
'ir.i.icnt to the articles of impeach-
i)a iveiy charge it is a clear, con-
I triimplmiit vindication. \YY
i, i| !e liitior.al Intelligencer that in
,n j.idirial trilmnnl the case might
irMctl upon this answer alone.—
itirs and partisans its unequivocal
. ,it fuels and unanswerable logic
. fiinltf »vi'l; hut with the sensible
• r,i mm in the Cenale, who are will*
t themselves above mere partisan
-.iliis reply of the President will
. ,• wright.*
r ii n. Henry \V. Hilliard is announced
pspeis lor Ciiogtvss fri m the
jmimnal liiioncl..
IT.'CLP Bttur if TnEY had
:.'_n,e EolauiaNews says: “The
lot Brown, Jus. L. Orr. et id omt,e
M <o hurn in reading the debate
•suv«r the acts to relieve them from
tii incurred by their participation
ob. It shows very conclusively
•ri«re no respect fur each characters
t u-ing them for their own polit-
- ktu Rev. Dr. B-ckwitii.—The
' Trinity Church, New Orleans, have
D.'Wingfield, of Ports-
V . iu accept the rectorship of that
jvlr vacant i,y the elevation of Dr.
m ii,c Bishopric of Georgia. Mr.
- i •> he a man of rare talent, both as
rta.i pr.acher. and to lie an accom-
catlrman in all respects. He will
1.01 «• the o' ject of peculiar indig
i'dsrcQTion at the banda of Gen.
--ling the war.
it be Tuleiiated !—A Savannah pa-
*’ flint at the m gro meeting in that
"• D.lr.j nigla, that pestiferous black
''tmllry, “ml.I the negroca there pres-
lii they f«i] <J to get their rights at
' '*"X, they must fight for them ;
.' c, *°ld use revolvers us well as p<>-
*• “id that one negro could whip two
any time.”
the leading objects of garrison-
- S,iuthirn States with soldiers is to
f’ ! social disorder and curb all acts that
fdy lead to ir, we cal] the attention of
*7 to this incendiary language. It
riain that no white man would 1>e
uuiake such ii flimatory appeals,
•culit tiegUd to know why tbemili
'•.rviiors of the peace should dis
m l»vor of the black man.
- v : Tea Paktt.—A little knot of
' 3 (vad probably four times the num-
|■•‘■’1* negroes) got together a few
- i* tfce respectable village of Haw-
' M '* styled themselves ‘ a large and
meeting of the citizens of Pu-
-iy.” They endorsed the nomina-
iiailoek for Governor, of V hiteley for
ltd then nominated nearly or quite
~‘ 8 of themselves for one office or
‘■id just here we suppose was the
part of the business. The hon
“ea ofPolaski will repudiate that
V-.t two Judges referred to ns insist-
j ** ^mediate decision of the McCar-
Justices Grier and Field, who
,‘ , *o up a protest which they will ask
‘r hxd upon record.
B®tler is named for the Trcas-
/‘."''“■‘t it Wade goes in. The con-
« “’f triends is based on his suc-
■ lR cial operations in New Orleans.
Vtnnessee paper says the threaten
' “ a * letter received by Representa-
3 N of that State, was only a warn-
• j e fool killer that he was coming
».i“ by u,*iaet it w*a i.ruvidcd ani enacted that laid
tfecrciKty lur the Depxrtiueut ut War (ball p«rf..rm
and e.xecute focb dutiw as ah«ll from time to time be
nJuio.nl »a ai.d tnirof.eJ t.. him by the Presiaeut of
the • niini cu.es, ((ivMiilr ti the Consiituliur., rcli-
tire to tbeSdbjeci* within t.,e teoi.rofcbe .-aid De-
l>a tuicut: ana, faribermuto. that tho said Secretary
"ball conduct Uie ba-tuo-a of tbe said a epartmeot. in
aucbauia ner aa the .Fre-i.iout of the Doited States
ri.aii rnu i.me io time order ai.d inrtrncl. And thiare-
apuuoei.l, lurtuer atuwcriof, »I> that, by force of the
ee. atoroMid, and by reason ot nisappoiutmeni afore-
iti.li the rani Stanton became the p< n.t'ii ai officer in
oue ot the eAecotiredepaituieuuol the tiovernment,
wub n the true inieni aji l men inf of the re t.ndfec-
■ i- n of ibe n-conJ attic e ol' the Cooatitotion of tbe
Di-ned stater, and aoeoroi.is to tbe true intent and
m- aniaiot that p.ousiunot the Consiitnttuu of the
Dn.kvd Slater, aud in aoooidaoee wim theseitledai d
uuiloim piactire of each aud every President of the
DuiUd Slater, ihe .ai l suntuu thru became—and.ro
lou* a* he rbould roi.tmno to hold the raid office of
Secretary lor the Departui. nt uf War, mart continue
t>. bv—one ol the avuer* of tLe Prudent of the
Doitedstaier. ar we I a* the peraou entrusted t act
lor auo rcprerei.t the Preridem in matters enjoined
upon biiu or eotrus'ed to him, by the President
t ucttitiK the dcparitn nt aiorrsai i, and tor whose
couduct, i. rucb capacity, ruoordina'e to the Prtii-
d* nt. the Pr.nuent is, by theOen-iitntion and laws of
toe Unite i Su. a, made rerpoi.eible; and this rcrp.ru-
dent. furtner abrweimc.rays hr succeed eo to the office
of President of the t nited Sutra upon and by reason
of the death ot Abraham Liecoln. toea Premirnt of
tue United states, on t< e loth oay of April, 1(65, an 1
the raid Stanton >i‘ thro hold nc tbe raid office of
seer, tary tor the Department of War oncer u..d by
rcaron uf the apooiutuient and com ui sron aforesaid;
and, nirt bavit.c be n remove.! from the said office by
ibiertspon unt. the said Stanton continued to bo.d
the rauie ur.ri■ r the ai.pointiii.nl and commission
aforesaid, at tbe i leasure of the President, until tbe
time ben inaftcr parti, ula/ly mentioaed: and at ao
t me rro. i.td aoy aopuintiuent or commission, save
as abo«e detailed.
And this respond, nt, farther anrwerins. says that on
and pH- no tbeothday ol Aukusl A. D. ,867. this
respondent, the Pre-id. nt of the United Stater—re
ap oritlc tor the conduct of tbe Secretary f..r the De
partment of War. ana h .ring the eourtitutional right
to rerort to and rcry upon tbe perron holding that
< fficr for adviee concerning tbe rreat and difficult
puolie duties eujoined on tuo President by the C-n-
.tiiaiionand laws of the United Stater—became sat:
irfied that be could not allow tbe said Stanton to con
tinue to bold the office of secretary for the Depart
ment of War. without haxar 1 of the public interests]
that tbe relations bi tween raid Stanton aud ibePrer
blent no longer permitted the President to resort to
him for advice, or to be. in the jady uent of the Pr. s-
td tn, sately responsible for hi* condnet of tbe affairs
of the Department ot War as by law requited, in ac-
eordance aithibe orders and in.-tructionr of tbo Pres-
i'ttn : aud thoienpon, by force of tbe Constitution
and laws of tbo Un.ted States, which devo.ve on tbe
President tbe power and tbe duty to control tbe con
duct aod horine.-s of that Karcutive Department of
tbe Uoverumrnt, and by reason of the c institutional
du.y *.f tbe Pre-klfDt to take care ibat the laws be
faitutally exe-uted, ibis respondent did neces-arity
o n.idcr and did determine that tbe raid Stanton
ouflcnoiontertoboid the said office of Secretary
f». the Department of War: and this respondent, by
virtue of tbe power and authority verted in him. as
President of tn« l nited stater, by the CoDotution
and taws of the United Steer, to rive effect to such,
bis decision and determin ition, did. on tbe 5th day of
Aufurt, A. D. 1067. addtessio toe saidSlantoj a note,
ot whici ibe following is a trueoopy:
“Sta: Public considerations of a bi*b character con
strain me to say that yunr resignation as Secretary of
War will be aecrp'ed.”
To which noto tbe said Stanton made tbe following
"Watt Department. 1
'•Washinotow, Acaurt 5.1*67.1
“Sib : Vonr note of this day bar been received, rta-
tiocdbst 'public ronaidrrations of a high character
eonrtraio > on to ray that my resixnation ar Secretary
of Wat will accepted/
“In reply, I have tbe honor to ray that pnblio con-
ride ration* of a hifb character, which alone bare in
duced me to continue at tbe bead of this Department,
constrain me not to res is n tbe utliee of Secretary of
U ar before the next meeting of Congress.
• Very respectfully yours. Kowis M. Stanton.”
This respondent, a* President of the United Stater,
was tnereon uf opinion, that having rrgard to tbe ne
cessary • fficial relationr and duties ot the Secretary
for tbo Derailment of War to tbe Pre-idrnt of tbe
United stater, according to the Constitution and
laws uf the United States, and having texard to tee
responsibility oftbe President fur tbe conduct of tbe
said Secretary, and having regard to tbe t.arantonnt
cxe.tnive authority of tbe office wbich tbe respon
dent holds nnder toe Constitution and laws ol the
United Slater, it woj impossible, consistently with tbe
public interests, to allow the said Stanum to continue
to bold thesaid office of Secret ary for the Department
of w an and it then became tbe official duty or tbe
respondent, as President of tbe Lotted States, totfm-
ri lev and decido w bat act or acts should, and might,
lawiully be done by bim. as President of tbe United
States, to canse tbe said Stanton to snrrtndrP thesaid
Bkneral Rf.iiukkd.—Sixteen
i j * "I tbe United grates army, redid-
> ' r " a * , v, Intve puhlisltcd a card in a
Jpper, denying the truth of Gen.
^ , '*1 dispatches to Gen. Grant, in
a existing organiz-ttions for the
Ike Bute government.
^Betnocmu hare organized a Con-
h ^'«ntpaigo Committee. It consists
* Bnolittle nnd Buekulcw, Rt-pre
m »|* ni i*ll, Ilumphrev, R>.ss, Bar-
, • 1 liable. Mr. Doofiltle is Chair-
*• 8hore,
‘^<iie.iinWis;oD
this respondent wav informed, and verily believes,
that it waa practically settled • y the First Congress of
tho United States, and bad been ao considered ami.
uniformly and in great numbers < finstances, acted on.
by e <cb Congress and President of tbe United states,
in sneers.-ion. from President Washington to, and in
cluding. Pre-ident D>oeoJn,»nd from the First Con-
grtts to Ibe Thirty-Ninth Cungre s. that tbe Consti
tution of the United State* conferred on tbe President,
as part of the executive power, and as one of the ne
cessary uea*s aud instroments of performing the ex-
ecutivednty expressly imposrd on bim by tbe Con-
stita’ion, oftaktngcare that tbe laws be faithfully
executed, ibe power, at any and ail times, of remov-
tugfrom ..Hire all executive officers, for cause to be
j idged of by tbe President alone. This respondent
bad. in pursuance of tbe C nstilution. required the
opinion of each principal officer of the executive de
partments upon this question of constitutional rx-cu-
ttre power and duty, and had been advised by each of
them, including tbe said Stanton Secretary frthc
Department of War. that under the Constitution of
the Unitoi State* tbit power was lodged by the Con-
stitntion in the President of tbe United Stales, ar.d
that, consequent!!, it could bo lawfully cxcrci-cJ ly
him, and the congress could not deprive him thereof:
and this rorpondent. in bis capacity or President ot
the United State*, and because iu that capacity be
waa both enabled and bound to use his best judgment
upon this question, did in good faitb.and with ao
honest desire to arrive it the trut b. e- me to tbe con
clusion and opinion—and did make tbe same known
to the honorable theS. trite of tbe United Mates, by a
iQcfisffAddtt'd on tbe I'd day of .Mirct). 1807s (a true
eopy whereof is hereunto annexed aud marked A)—
that tbe t-ower last mentioned wss conferred, and the
duty of eternising it in fit cases was imptwed on the
President by the Constitution eftho United States,
and that the President could not be deprived of this
power, or relieved of this doty, nor could tho fa-re be
vested by law iu tbe President aod Senate, jointly,
either in part or whole; and this has ever stneo re
mained. and was tbe opinion of this respondent at tbe
time w. < n he was forced as aforesaid to consider and
decide what act or act-, should and might lawfully be
done by this respondent, ti* j resident of tbe United
States, to cause tbe said Stanton to surrender tbe said
office.
This respondeat was also then aware, that by the
first section of an act regulating tbo tenure of cer
tain civil uffiete, passed March 2, 1S67, by a consti
tutional majority of both Douses of Congress, it was
courted os follows;
“Thai, any person holding any civil office to which
he has been aptjomted by and with the advice and
conse t of the Senate, and every person who shall
hereafter be appoinud to any such office, and shell
become duly qualified to act thereto, band shall be
entitled to bold such officenntii asucces-orshall have
been in like tnann.r appointed and duly qualified,
except lift herein otberwr*^provided ; /Vi*ric/c</. That
tho SocreUiivs of SUte, of <he Treafury. of War. of
the Na? v. .nnd of tbe Intenor, the Post muter Gen
eral. an3 ihe Attorney General, sb 11 hold their offices
respectively for ani duri g the term or the President
l r whom thev ntay have been appealed, and for one
m.ifth thereafter, subject to removal by and with the
advice nnd consent of the Me ate.
This respondent wa* also aware that thu set was
understood and intended to-be an e\p-a*ion of tb(
slth. ugh a case thus existed which, in his judgment,
as President of the United States, called for the ever
ciso of the exeeulivepower to remove tbe said Stan
ton from the office of Secretary for the Department
of War, nndalthonxh thisrc-; e.dent was of opinion,
as is aboTe shown, that under the Constitution of the
United States, the power to remove tbe said Stanton
from tbe said office was vested in tbe President of the
United States; and alth ugb this respondent was also
of tbe opinion, as is abow: shown, that tbe case ot
said Stanton was not affected by tbe first section of tbe
last-named act: and although each of tbe said opin
ions bad been formed by this respondent upon an ac
tual ease, requiring bim. io bi» capacityot President
of the United States, to come to some judgment and
d. termination thereon : yet tbia respondent, as Prrsi-
d-titof the United States, desired and determined to
avoid, if possible, any question of tbe construction
a< d effect of tbe said first section of the last-named
act and also the bro .dor question of the executive
i-ower conferred on tbe President »f tbe United States
by tbe Constitution of tbe United States to remove
one of the principal officers of one of the executive
departments fur ran-o seeming to bim sufficient; and
this respondent also desired ar.d determined, that if
fr m causes over which he could exert na control, it
should beeone absolutely necessary to raise and have
in some way, determined either, or both, of the said
last named qne-tions. it was in accordance with the
Constitution of the United States, and was required
of the President thereby that questions of so much
gravityacd importance, upon which tbe legislative
and executive departments of the Government bsd
disagreed, which involved power*, considered oy all
branches of tbe Government, during its entire histo
ry down to tbe year l-cT, to have been confided by tbe
Constitution of tbe United States to tbe President,
and to be necessary tor the complete and proper exe
cution of bis constitutional duties, should be in some
proper way submitted to that judicial department of
the tiorernm.-nt, entrusted by the Constitution with
tbepower. and subjected by it to the dnty. not only of
de ermning. fiua’iy. tbe construction and effect of all
acta of Cor-greas. but of con.paring them with tbe
C- nsti'ution of tbo United States and pronouncing
them inoperative when found in conflict with that
fundamental law wbteh the people hare eaacted for
tbe Bovernmeot of all their servants. And to thtoo
ends—oral, that, through the action af the Senate of
tbe United.States, tho absolute duty o the President
to substitute some fit person, in place of Mr. Station,
as one of bis adviser* and as a principal subordinate
officer, wb. se official couduct be was responsible for
and had lawful right to eonttol, might, if possible,
be accompli-hcd without tho neeea-iry of raisinr any
one of the question* aforesaid : and second, if tbia
dpty could not be so performed, then that these ques
tion*. or f.teh of them as might necessarily arise,
should be judicially determined, in manner aforesaid;
and f..r no other end or purpose, this respondent, as
Pre ident ot the United sate*, on the 12 h dry of
August. 1667, seven days after the reception of the
lette of tbe said Stanton, of 'he 5th of August, here
inbefore s'atel. did is-ne t» tbe said Stanton the order
following, vis:
“ExgcmvB Mansion. I
"Washington. August 12,1867-1
“Sib : Br virtu* of the power and authority vested
in me as President by the Coneti'ntion and law* ofthe
Unite-1 State-, you are hereby suspended from office as
Secretary or War. and will reate to exercise any-aud
alt ’oocno-.s pertaining to the same. .
“You will at once transfer to Gen. Ulysses S. Gran',
who has this day bee • au borixed and empowered to for the Department of
act^as t-ecreta y of War nd inStrim, all records, books, — !J —'■* 4l -—"*■*
parcis and other pnolie property now in j our custody
and ebarge.
"Ibe Don Edwin M. Stanton, Secretary of War.”
To which said order tbe said Stanton made tbo
following reply:
"Wab Dbpabtnbnt. I
Washington City. August 12,1867.)
Sib: Y our note of this date has been received, in
forming me that by virtue of the p .were vested in
tire official duty. And he dmies that any and all
substantive matters, in thesaid first art clecontained.
in maLiicr and form as the same are therein stated
and set forth, do. by law, constitute a high misde- |
meanor in office, within the true intent and meaning
ot tbe Constitution of the United States.
in tbe exception set forth in his answer to said article
fourth.
ANSWER TO ARTICLE VIII.
And for answer to tho said eighth article, tit* re
spondent denies that on the 21st day of February,
... .. 1 Iv-S, at Washington aforesaid.or at nnF other time
ANSWER TO ARTICLE If. | aal i pj ace , he did issue and deliver to the said Thomas
And for answer to the second urtiele this respondent 1 t! L e ,*? id 1 ^L e . r v of /? th . ori ’L“ t r f ?, rth in tka sajd.ay trk
says tbAt he admits be did issue and deliver to said with theintent unlawfully to control the dts
Lorenzo Thomas the said writing set forth in said wc- bursements of tbe money appropriated for tbe mil. ta-
omf article, bearing date at Washington. D. C.. Feb- ry service and for tne Department of War. Thisre-
TunreSLUB addr-s.-ed to Brevet Major-General Lo- . epondent protesting that there was A vacancy in the
renzo Thomas, Adjutant General United Mate* Ar- ! °®=* Secretary for the Department of W ar. »d-
my. Wa-hingtou. D. C.: and be farther admits that P 11 *? th *» h « d-dtasue the said Wier ..f authority, and
the same was so issued without the advice and constat H lit?n
of tha senate of the l r.if p<l Statc5 then in 8Ci<ion Tchatcvcr eitiicr to yiOitt# the Lonstitation of the U
but b.d«‘re °t hat\ e there by vW»td ° beCoSti t u- States or w ^f Congr«A On the contrary, thi,
tion cf the Ignited St itt- or anv law thereof, or that iwp^odtot sgftin tfinns that his folo intent wu to
bo did therebj i^end 1 ^*violate the Con^titatfon of vindicate his autnonty as President of Ue United
the United Mates, or the provitSns of any act of Con-
gress. and this respondent refers to his answer to said of tbo.right wugtMt. tfaauton to continue to h;.:d
first article for a lull statement cf the purposes and ■}h« satd^o®c«_of Secretaty of \Va r r to a^fiqal decision
intentions with which said order was issued, and v^S5j£S.f?Ef2!«V 1 0, SS
adopts the same as part of his answer to this article; h eret n be.oreset forth, and be pr^sthesame bcncu.
and he iurtber denies that there vas then and there ,£I e “J 5e3 “ 511110 Si “ 9 were
no vacancy in the said offico of Secretary for the De- i her* again repeated at length,
partment of War, or that he did then and there com- j AKSWER TO ARTICLE IX.
mit. or was guilty of, a high misdemeanor in office, and . . , . .... ... ... ..
this respondent maintains and will insit; - i u„n?«t«tp. tb
1. That, at the date and deliver of raid writing. ; dent states that on thesaid _d day of bebraary, 1868,
there was a vacancy existing in titc 1 dice . f Secretary cote , T as addressed to the said Emory
for the Departtnentof War. by the private secretary of responder t:
2. That, notwithstanding the Senate of the United i “ExEcrnvg M »ssios, 1
States was then in session, it was lawful and according j “Washington, D. C. February 22.1868.1
to long and well established n-age to empower and ' “Gknebal; The President directs m« to say that he
authorize tbe said Thomas to act as Secretary of War ; will be jdcased to have you call uprn him as early as
ad interim. * practicable. Respectfully and truly yours.
X That, if tbo said act regulating the tenure of civil | "William G. Moose, U. S. A.”
offices be held to be a valid law. no provision of the General Emory called at the Executive Mansion
same was violated by the issuing of said ordtr.or by according to this request. The ohjeit of respondent
the designation of said lhoma* to act as Secretary of was to be advised by G. ncml Emory, as c mmander
t» ar oo interim. ■ n f y,. Department t.f Washington, what changes bad
ANSWER TO ARTICLE III.
And for antwer to said third article, this respond
ent says that he abides by bis answer to said Cr.-t and
second articles, in so lar as the same are responsive to
the allegations contained in the said third ailide, and
without here again repeating the same a..»*er. prays in detail the changes which had taken place, said Em-
the lame betaken M an answ.r to this tkirrf article as 0 ry called the attention of resn.nd-nc to a general
fully as if here again set outat length: and as to tbo or d er which he referred to, and wSich this respoi.d-
new allegations rontatnod in said tkirdartele. that ent then sent for, when it wai produced. It isasfol
tins respondent did appoint tho_ said lhomts to be j uW£:
been made in tbe military affairs of tbe Department.
Despondent bad been informed that various change*
had been made which in no wise had been brought
to bis notice, or reported to bim from the Department
of War. or from any other quarter, aDd de-ired
ascertain tbe facts. After said Emory bad explain
Cleveland, in the Stale of Ohio, and oo the third day
of September, ill they, ar ISO), be was attended by u
arse •*-eutt! a’. t i- fe l"W citirui-. ui,d. in de-
ference and obedience to their mil and demand, be
addressed thcui upon matters nf pabUe and i o.itit.-aI
consideration; and this rc<ja>r,dcnt tie ieves that.-ai l
occasion and wiSreM are tefstred to in tho atewod
it d.c iu . : ;r.» '• trii ;f.i 1.-: I.;;t ttii- r.-.-pn dent
dfieauota e.it t at the pa-sages therein set torth. u
if extracts from arpoeeb of tbisresirtudent no said oc
casion. correct'y or jutly.MMffi hta gpeooh or ad
dress upon said occas.ot.; but, on the cont.an. this
respondent demands and ip-is s tbuif this bunonv lc
Court shall derm thesaid articlcand thesaid 3-c.inJ
specification thereof, t'.coutain allegation nf iu itt-r
coxnizaole Iby ibis honorable C»uit as u high mi de
meanor in office, within the intent and meHniheof tbo
ferred to by th^ respondent; nor inwha* hedid-»y
bad be any intent regarding the same : and ho denies
the allegation so made to the contrary there. f.
Bui this respondent, in furiheran-eer lu,ana in re-
(peel t> tbe stud allegations ofthe said e'erentb art’cio
IwrelnnefbreltxaTetsed and denied, claims audbMtuts
ujotn t.ie per-ona! and official right of irerdom oiop n-
i n an i f eedom of -pe- ch, and his duty in hi- po.iti-
Cal reiation-a- Preticfent of the United'htarc- io tbe
• ;• •- *-f I' •• -i sra-es, id the eserei-e nf soch
tre .'om ol opin on and freedom of speech, m the same
manner, f.um. nnd (fleet a.- he lias in this tehalf
stated the same in hi-answerto the said tenth art'e'e,
and with the same effect as ii he here repeated tho
►»«« wed ho further c aims an 1 in- -ts. as in eaN an-
u. r *osaid t-n'h Article, he ha- claimed .,nd in-i-tcil.
o J—L~a !— i 'bat hot- not s ihject to qoc-tion.inqul-i ion. nr.pesch-
C'lnaUiuUun of the United States, and shall receive | ment. or tnctltiat.. n. inloy form „r manner of. or Con
or allow proof in support of the same, that proof sh .11
be required to be made of tbo actual Ft-ieth and ad
dress of this respondent on said occasion, which th s
respond nt denies th t said «r iele and specification
contains orconectly or jus It rep:c*ents.
And this respondent, further atis"ert..g the tenth
article and tfaesi cc.fi stioas thereof, says that at St.
Lonis, in the State of Mtss..uri, an-.l on thw 8th day -f
September, in the year 186-5. he na* atteude 1 by .. u-
nierous assemblage ot his feliow citizms. and. iu del-
ererce and obedience to their call and dttnand h • .r"-
dre.-srd them upon matters of prblic and politic 1
C.Tt*iui; such rights of freedom of opii.iou r-r freedom
ofsp.-ech. or hi-said al eged exercise there..f And
this respondent further d nie- that on if... 21st day of
Fet-ruAry. in the y-ar IStS. or at any other time, at the
city of u-a-hincton, in the Di-triot of Comtnhia. in
pursttsnee of any -rich doclarati u, as is in that behAlf
l. .. i ep Tea;n ar; de R'iep-ect. or • tireiw se hel d,
■ «*U»fnl y ati.r in dl>recard of the requirement-of tho
c< n-tnnvon that he should take care th t the laws
should befsi-hfu iy executed, attempt to i rerent tbo
execution ol an Act entitled “An a, t r-gnlatinc too
tenure of Orris.n civil < ffiee«,”pasred Mareh », !S67, by
consideration; ad this respondent believes that said j unlawfully devising, or contrivmg.' or Mtem ot. n'-Tode-
occasion ani sddtcw ore reforre^j^tyh# third | vise or c -ctrive means by which he ehodld prevent
Wae Depabtmest,
Adjctant Geneual’s OrriCE.
Washington, March 14,1867.
Special Order a ,Vo. 17 :
The f»l owing ao s of Congress are published for the
J
Secretary for the Department of War ad interim, this
respondent denies that be gave any muihorty to said
Thomas than such as apprars in said written author
ity set out in said article, bv which be authorized and
empowered said Thomas (Act a* Secretary for tho . . . „ ,
Department of War ad interim, and he desics that tbo ; n f,,rm»tinn and government or all concerned
sau c amounts to an appointment, and- intists that it * • • m ’ • *
is only a designation of an officer of that department , IT rPrtnr ir —~Xn RTi 1
to act temporarily as Secretary for tho Department of ; “ L* CBWC p '°- 00 ‘J
Warm/ interim untilan appointment should bo made. An act making appropriation for thesupport of tbe
But whether tbe said written authority amounts army for the year ending June thirti-th. eighteen
to an appointment, or to a temporary authority hundred and sixty-eight, and for other purposes,
or designation, this respondent denuz that *•*••*•
in any sense bo did thereby intend to vie- Sec. 2. And be it further enacted. That the heed
late tho Constitution <W the United States, quarterseof the General of the army of the United
or that be thereby intended to give the said order tbe States shall be at tbe.city of Washington, and all or-
character or effect ofan appointment in the constitn- ders and instructions relating to military operations
tional or legal sense of that term. He further denies is-ued by the President or Secretary «.f War shall be
that there was no vacane»ia said office uf secretary issued through the General ot tbe army. nnd. incaao
for the Department of War existing at the date of of his inability ^through tbe next in rank. Tbe General
•Aid written authority. of tt.e army shall not be removed, su-pei.ded or re-
AN&WER TO ARTICLE IV. |
And for answer to said fourth article this resjtond- without the previous Approve] of tbe .Senate; and any
ent denies that on tho 21st day of February. 1868. at orders or instruction* relating t“ military operati n.-
Washington aforesaid, or at any other time or place, Lwocd contrary to the requirement* of this stetion
be did unlawfully conspire with the said Lorenzo shall be null and void: anu any officer who shall issue
Thomas, or with tbe said Thomas and any other per- order* or instruction* contrary tu the provisions of
sou or persons, with intent by inrimidati-ns and this section shall be deemed guilty of a misdemeanor
threats unlaw :ulty to binder and prevent thesaid in office, and ary officer of the army who shaft trans-
Stanton from holding said office of Secretary for the mit. eonvey, or obey any orders or instruction- so is-
violation of the Constitution sned contrary to the provisiot s ofthis section, know-
of the provisions of the said ing that such orders were so issued, rball be liable to
U. ■w.—.yt I act of Congress in said article mentioned, #r that he did imprisonment for not Ires than two, n. r more than
vL ill?®! m-^2. a* re e ^ <lr ' e L“t* t nnd ,hen there commit, or was guilty of, a Irish crime twenty years, upon conviction thereof in any court of
Wh " , h “ ! io office On the contrary thereof protret-nr that competent juriadiction.
tbia day been authorised and empowered to act as j t t,e said S'anton was not tfieo and there lawfully the ••••*•
Boorelary of Warod ta/rrtm,all records, book*, paper*, i Secretary for theDe.artment of War, tbia resjemdent Approved March 2.1867.
and other nublte property now tn my vtutody and tUtet ,h a t his sole purpose in authortiing the said •*••••
charge. I nder a sense of public doty lam eomnelled ,-r{, oma j to act as Secretaiy for the Department of! By order Of the Secretary of War.
^ n,,< l* r tbeConstitutonand laws. War interim was. as is fully stated in his answerE. D. Townsend,
ofthe Un ted States, Without the advice and consent lo thesaid first article to bring the auesiinn of the i
right onhefitd tuntan to hoM said o’ffire.'notwith! :
trom officeibji Secretary of W ar. or the exercise of any 8t andins his said suspension, aud notwithstanding tho
or l?* *i r w, }.kont said order of remoral, and notwithstanding thesaid
roch ad> tee and consent, to compel me ;.o transfer to , authority of tho said Thomas to act aj Secretary of
you. as Pre i tent, by the Coostit tion aud Uwa ofthe . uTonTtmenl.,fWar in'violati
United State*. I am suspended from office a* Feer. tary . of ^Tuni°od Statre. or of the
of War, and will erase to ezercse any aed all futte- a «ofConirrcfs in said article m
Assistant Adjutant General.
Official:
' Assistant Adjutant General*
, No. 17 li.
ar.y perron the records,books, papere and pnflic prop- ! ad fa/crim. re the t«rof .-finti dreUfon b7 the gpoi-dent to thi-order, I
ertytn my custody as segreUry. But inssmueh ej supreme Court of tho United States io the earliest SSfomity to the socmo
•he General commanding the srmtea of the United ' pr^ucble mode by which the question could be “on «ct pL.-od by Canin
States ba* been appon.tM ndtafervci. and has notified trought before that tribunal. This resjmndeut did - ?c 1 - p
me that • he bee accepted the appointment, I hare no not conspire or *g-ee with thesaid Thomas, oraoy
spot Jet t bad arrive. 1 hi and stillretainod the opinion
ab .v e eiprcsscd. and verity, believed, as he sit 11 U«-
Ikre*. that the said first ,-ect.on ofthe l«st mentt tied
a t was and is «htdl}- inoperative and void bj rrernon
o! its c nfli.'t with the Constitution of tbe Cr.itrJ
.'-ate.-. >et, inasmuch a* the .-.line had been ® nac ‘P~
l.v the c n-titut.. nal maj-ritj’ in each ol the two
llo t-r I f that Congro-s. this respondent rou>tvler«rJ
it to bs i roper to examine and decide wheth-r the
p-rticolercase of the .-a'd Stanton, on.which it was
this respondc.t's duty to aet. waa within or without
ttu- t- rii s ot that first section of the act: or. if within
it. whether the President had not the power._seer.ra
id’s to the terms of the sc', to remove th: said Stan
ton, from toe oflico of Secretary for tbe Department
| of War; titid hav ir.tr. in his capacity of Prc. ; d< nt ot
the Uni cd .-latCe. .-o examined and considered, did
tor tiie opi'i n th .t the if the said Slant, n
onceafUuncol to Florence nnd bi-tenure of .-fjee werer.ot affected bytii first
j - t -« • * *, * i f>f the last t iimisl ncL #
in the otherduy. And this respondi nt, further answering. sa>e. that
alternative but to submit, under protest, to superior
foree.
“to tho Pbesi pent.
And tbia re.-p >ndei.t. further answering, says that
it is proride-l. in and hy tke*eeoa<z*eetioqof “An aet
to regulate tbo tenure of certain civil offices,” that
the Prt aid- •.« may suspend an officer from the per
formance or the duties ofthe office held by bim, lor
certain causes therein designa'ed. until the next meet
ing of tbe senate, and until the ewe sh ill be acted on
by the Senate; that this respondent, as President of
tne United Mate*, was advised, and be verily be
lieved, and still believe* that tbe Executive power of
removal from office, confided to him by the Constitu
tion as aforesaid, includes tbe power of suspension
from oflioe at the pleasure of tbe President; and this
respondent, by the order aforesaid, did suspend tbe
said Stanton from office, not until th next meeting of
the Senate, or untit tbe Senate tbonld have acted
upon the case, but by force ofthe power and authority
vested in bim by the Constitution and laws of tbe
United States indefinitely, and at the pleasure of the
President; and tbe order, in 'orm aforesa d. was mode
know* to the Senate ofthe United Mate* on tbe 12'h
dey of December, A. D. 1867, as will be more fully
hereinafter stated.
And this respondent, farther answering, says that
in and by the aet of February H. 17'.'a, it wu, among
other things, provided and enacted, that in ea.-e of
vacancy in the office of Secretary for the Department
uf War. it shall bo lawful for the President, in ease be
shall think it neceasair, to authorize any person to
perform thednties of that offi-e until a successor be
appointed or »uch vaneancy filled, but not decoding
the term ofrix months; an ithisrespondent. beinxad-
v'tsed and believing that such law was in fall force
and not repealed, by an order dated August 12tb, 1867,
did authorize and empower UlyteesS. '-rant. General
t.f tbe armies of the Untied States, lo aet as SecfeUry
fur tbe Department of War ad interim, in the form in
which similar authority had tb.retofore been given,
not nntii the next meeting of tbe Senate, ana until
the Senate should aet on tbe case, but at the pleasure
of tbe Prorider.t. subject only to the limitation of *tx
months iu the loft mentioned aet contained, and a
copy ofthe last-named order was male known to the
Senate ofthe United States on tbe J2thday ot Decem
ber. A. D. W'7,as willbehereinaitcrmorefnllyetated:
and in pur-uanee of tbe deaiga and intention afore
said, if it should become neceesary to submit the said
question to a judicial determination, this respondent,
at or near the date of tbe ta-t-iaeurioned order, did
make known such bis purpose to obtain a judicial de
cision of tbe said questions, or such of them as might
to neccfary.
And tirs r- * pendent, further answering, says that in
farther pursuance ofbis intention and design, if pos
sible re perfoiin wbat he jadged to be bis imperative
duty, to prevent tbe said Manton rom longer boldtnx
tbe office of Secretary for the Department of War. and
at the same time avoiding, if j-os.-iblc. any question
respecting the extent ofthe power ot removal from
Executive offer- confided to tbe President by the Con
stitution of the United State*. and any question re-
epecting the construction and effect ofthe fimioetien
of the said “act regulating the tenure of certain ctril
offioes." while he should not by any aet of hi* abandon
and relinquish either a power which ho believ.dthe
Constitution had conferred on the President ofthe Uni
ted States, to enable him to perform tho dnties of his
office, or a power designedly left to him by the first
section ofthe act ot Congress last aforesaid, tba re
spondent did, on the 12th day ofDecember.lsG7.trans-
nrit to theSenatcof the United States a message, a
copy wlicreot is thereunto annexed and tnaikcd B,
wherein be made known the orders aforesaid, and the
reasons which bad induced the same, so far as this re-
-wildcat then considered it material aud necessaty
that tbe same should beset forth, and reiterated b<*
views concerning the constitutional power of removal
vested in the President, and alto expressed bis views
concern in* tbe construction ofthe said first section of
the last-mentioned act as respected the power of tbe
President to remove the said Stanton from tbe said
offiee of Secretary for the Depart ment of War.well hop
ing that this respondent could thus pci f Tin what he
then believed, and still believes, to be bis imperative
dnty in reference to tbe said Stanton, wi tbout dmoga-
ting from the powers which this respondent believed
were confided to the Presdent by the Cpostituttua aod
laws, and without the necenity of .ratting judicially
any questions re-pecting tbo same.
ADd Ibis respondent, further answering, says that
this hope not navingbeen realized, tho President was
compelled either to allow tho said. Stanton to rcfume
the said office, and remain therein, contrary to tne
settled conrictiona of the Pre-ident, formed *» efore-
said, respecting the powers confided to him and the
duties icqnircd of him by the Constitution of the
United Stitea, and contrary to the opinion formed «
aforesaid, that the first section of the Uft mentioned
act did not affect the ease of the said b:anton; and
contrary to the fixed belief o! the President that he
could no longer adrife with or truft, or to rc?poa.»xble
for the *aid Stanton in the 8*id office of a c ecretary for
the Department of War, or elre be compelled to
take such iten* a« might, in the judgment of tto tree-
i Jent, be lawful and necs-ary to raise fora Judicial de-
ci-ton tbequestionsaffeetinglhelawfulrightofthesaid
Stanton to ic;umethe said office, or the power of said
slant n to pereist in refusing to quit thesaid office if
ho should persist in actually refusing to quit the
»me; and so to thu end. end to thi* end only. «hts
re-pondrnt did. on tbe 21st day of February. 1868.
issue the order Car the removal of the said Stanton, in
the fir.-t article mentioned g»4>et forth, andtheorder
authorising thesaid L' .renzo P Thomas to act “Sec
retary of IVar ad'intertm. in the said second article
And thi( respondent, proceeding to an*wer speoifi-
eally each tubataative allegation id the said fi.-
artielc. says: Ho .tonics that thesaid Manton, on the
21st day of Febroary. l-oS. waa lawfully in possession
of thesaid office ol secretary f r the Department t.f
War. Jlc denies that the said Stanton, on the day
la«t mentioned. wn« lawfully entUled to h°la th* •-ai j
office rgainsi the will ofthe President ofthe United
lie lien if* that t :* «• fnli-r i'-r the removal
ofthe said Stanton was unlawfully i>‘ueu. He 0^"
nit' that the * t 1 - r i- r w.iw i^ued with intent to ' 10-
late the act entitled "An Act to rerulate the tenure of
certain civil He denie* that ihe ?aid order
wai a violation of the last mentioned act. lledenie?
that the said order was a violation of the Constitution
of the United State?, or of any law thereof, «»r of his
oath of office. He aenics that the said order was
i-«ucd with an intent to violate the C institution ofthe
United State*, or any law thereof, or thi? re.-pondent's
oath of office; ar.d he re-jcctfully. but earnestly, in-
si-is that n"tonlv was it issued by him in the p-r or-
mancc ■ f what bo believed to be art imperative..fiir'ul
duty but in the l<rfotm»nce of what this Honorable
Court will consiicrwz*. in point of fact, an tmpera-
A. G.O
General Emory not only called the attention of re
nter. but to the fact that it was iu
section contain'd in an ani.ropria
. _ Cnngres*. Krepomient, af cr read
ing the order, observed, “ I'his is not in accordance
—.conspire or *r*eewttn tae stttai nomas, or any w) th the Constitution of th* United Mules, whi-h
other person or persons, to useintimidation ot'threats makes me Commander-in-Chief of tbo army and
to prevent the said Mantonfrotn holding the said nav y. or ofthe language ofthe commission which
office of Secretary for the pepartmeat of War. nor yon hold.” General troory then stated hartbiso.-
didthts resp n entat any time sommandor advise dcr had met re-pondent s approval. Respondent
thesaid Thomas orany other person or perrons to then arid, in reply, in sub-;-.,c-. “Am t to un tcr-
rosort to or use either threataor mtimidatt-ji for that gt and th at the President -f the United State* e...not
purpose. Ihe only means in the eotrtemfilauon or Bivoa n order but through the General-in Cbiel or
purposo of respondent to be used toe eet forth folly G, nC rnl Grant? ” G neral Emory again reiterated
j'* the Mid orders offthnuo til ® *tatemeut that It ha<l met respondent^ a provai.
to Mr. Stanton, aod the second to the Mid Thom« and that it was the opinion of vome of ihe leidi-ic
By the fitat order, the respondent mdtned Mr. Stan- lawyers of the country that this order waa unconati-
ton tbmt he wax romoTcd from the Mid office, and that tutional. with s »me farther conversation. Ke;p >n({-
his function* M fccercUry fur the Department of War cot lhen inquired the n»*mes of the lawyers who had
were to terminate nm*n the receipt of that oroer. ana given the opinion, and ho me.itionei the name.'* of
to alfo thereby notified the Mid fctanton that the raid two. Responded then taid that tbe object ofthe
Thomas had been * at homed to act Secretary for j a w was very evident, ref rring to the clause in the
the D-pariment of w ir ad intenm and ordered the appropriation act, upon which the order purported to
§aid Stanton to transfer to him all the record*, books, behaved. Ibis, accord in* to rerpuo ler.t'i recollee*
paper*, and oth«* public property in bw etutody and tj 0Dt w 4S the rab»tio a e of tbe conrersAwn held wi b
charge, and bv the «econd order this1 respondent not!- Q en . Kmory. Respondent denies ?h*t ary alle.’ations
fied the ta<d Thomas ofthe removal from office of the | n 8a \^ article of any ins ructions or declarationn
raid btM'on, and authomed bim to act a? secretary given to, or in the said t’m rt ry, then or at any other
for the Department of W ar ad **ttruu, and directed t lu Ct contrary to, or in addition to. what is torero*
him to immediately enter upon the dbuharge of the before set forth, are true* Rrfpun tent doxies that in
duties pertaining to that office, aed to Atctive the gaid c*>nveisation, with avid Em »ry. he bad any other
transfer of all the record*, took*, paper?, and other intent thnn to exp* the opinion then aivcntoiht*
public property from Mr. Stantoo, then in his cos- Ja i^ tmory. nor did he then or at any other time re
tody and chart e. Rc5p # ml ent gnTe no tostroctionf to q UC st or order the eaid Emory to dirotoy any law or
tbe *aid Thomas to n*e int'midation or threat* to en- any order toned in conformity with any law. «*r intend
force obedience tothceeoraen. lie gare him no ao- ^ u ff tr ai-y inducement t*» ihe raid Kn ory to violate
thoiity to call 10 the aid pf the military or any-otber ai jy law. Wha* thi? rcapon rout then fai t to General
force to enable him to obtain puseession of the office. Kmory was eimply the exp^esdon **f an np*n on « hich
or ofthe book*, paper*, record?. or % property thereof. he t h en f aJ ] y bei-ved to be eooi.d. and which he y«*
Ihe only aaeney reported1 to. or intended to be re- believes to be so.an l that i.-. that by tbe e• pres? uro-
rorted to, was by means ofthe s»id Executive «*rder3 viiions of the Constitution this rcs»ondent, a-* Prci
requiring obedience. Hut the Stcretary for the He- dent, i* rn ide the i;ommandcr in-Cbiet of the army
partment R ar refused to obey the?e* order?, and D f the United Stater, un * as such he is to be respected,
still holds undisturbed1 possession and custody of that an( i that bis order*, whether toned through the War
Department, and of the records, books, paper*, a^d , Depart nent or through the General-in Chi f. «r by
other public property therein. Res: ot.dcnt further any other cbaopel of communication. aremil**d»o
States, that in execution of the orders so by thu re- respect and obidronee, ai d that su* h cor^titutional
soondent jriven to the said Tnomas. he, the said power cannot betaken from him by virtue ot any act
Thomas, proceeded in a peaceful manner to demand of Conrre s.
of the Mid Stanton a surrender to him of the public Respondent doth, therefore, deny that by the ex*
property in the said i)cpartm«nt, and to Tacatethe pre«fi«noi such opini«»u he did commit, or was Kuilty
pofdession of the Mme. and # to allow him, the said a high misdemeanor in office; aod thi?- re*ponde r ;t
Xhomaf, peace4bly to exerei-e th** duties devolved doth further * ay that the Slid article nine l»y?no
upon him b? the authonty ojthe 1 re *d«nt. That, as ioundation wha ever for ito conclus on m» ed in tbe
this respondent has been Hummed and believes, the n jd article, that, ’he respondent, by reason of the
Mid Stanton peremptorily refused obedience to the a iiecati»n’* therein c mtaiuev, wa-* guilty of high mis-
ordm so tone I. Upon such refuse 1 no force or threat demeanor io office.
of force was used by the said Thomas, by authority of In reference to the ft'tement m»d© by General
the President or oiherwiro. to enforce obedience, Emory, ttotthb re*pond«nt h«d approved of «a d act
either then or at any fabjcqQent time. of Coogie?s coctaioing tb- section r* fcrr« > d to, »h- rr-
This resj»ondentdotD h«ro except to the 5umc:ency jpondeut adinirs tha ni* form 1 approval w«y given
of the allegations contau.ed in raid fourth article, and tlJ ffw id act. but ac ompacied the M*oe by the folio*-
state?, for ground of exception, that it is not stated jnc message, addressed aod sent with tbe net to the
that there was any apeemcot between this rc«pon- Houfeof Repw«nUtit e-. io which House ihe said
dent and tho aaui 1 hornas. or any other person or originated, and from which it came to respou
persons, to use intimidation and threats nor is there dent:
any allege tion as to the nature of said intimidation .
and threats, or that there was any agrtcmcn: to carry TfJc? **2?“ hied *Au Ici mLkxn* annronriiitions
them into execution, or that any step was taken, or - M 10 *** An m »hmr appropriation*
wholl ? ^«u.^UH>»WWU UfiWjliWmr ^talneZst virtualir detrivus th- Preridmof hi*
auy agreement bttwcvn the said allegsd conspiratnrs: coostitutionoi faoetion* as C 'mmand-r-in-L'hirrf of
and. iurthennore.that there is no alleg.itinn of any
conspiracy or agreement to use intimidation or
threats.
ANSWER TO ARTICLE V.
And for answer to the said fifth article, this respon
dent denies that on the >aid 2lst day of February,
the army: aid in the tix h section, which deni
ten States of the Union their eonstitu ioual right to
protrctthe nselves.il. any eiue.gcttey, by means of
their own inilitii. the-e provi-un-’ are out of place
in an appropriation act; b.t I am compelled to
defeat these necessary appropriations if I withhold
my signature fr m the act. Pressed by these coitsid-
otittr place,
with tbe said Thomas, or with any other person or Respondent, therefore, did no tao-e than to express
persons, to prevent or hinder theexceutionof thesaid to said Emory tbe same opinion which ho bad so ex
act entitled "An aet regnUtinx the tei.me of certain pressed to the Homo ot Representatives,
civil offieei.” or tbst, 10 pursuance of 5.ti l alleged . avritkii to autipi p y
compirxct. hedid unlawfully atUu pit*, prevent the I AXSWKK TO ARTICLE X.
said HJdwm M. Sunton from holding said office of • And in answer to the tenth article and specifications
Secretary for the Deportment of » ar, or t&at he did thereof, the respondent says that on the 14th and Dth
thereby commit, or that he w*s thereby guiliy of a days of August, in tho year 186d. a p litical conTen-
high mi-dciacacor in office. Re-'-pODd*-nt proteFting ti«*n of delegate* from *11 *«r most of the States and
that Mid *>t*ut*»n was not then and there S«^re*ary for Territorii-s of the 1'nion was held in the city nf Pbil-
the Depart ment of War. beg? leave to r»fcr to bis an- adclpbia, under the name and stylo of the National
bwer given to tho fourth article., and to his answer Union Convention for the purpo.ro of maintaining and
;iven to the first article as to his intent and purpose in advancing certain political vie«s and opinions before
cluing tbe orders for the removal of air. o anion and the people of toe l> nited eitatre. and for their support
theauihority given to the s*id Thorn-u*. and prays a*.d adoption in the exercise of the constitutional suf-
cqual benefit therefrom as if the same were herea.am f r sge. in the election** of reprc?enta*tves anddelegates
repeated and folly set forth. ** in Cong- ess. which were so*>ti to occur its many of the
And this respondent except* to tne sufficiency of the State and Territ«»riea ofthe Union: which aaid con-
saidAff* article, and states his ground lor^uch ex- vention.io the course of i»< proceedings, and infur-
cept on, that it is not alleged by what means or by tberance ol tbe objects of the sam*. adopted a “decla-
what agreement the sard alleged conspiracy was ration of principles” and **an address to the people of
i orm cd or agreed to be earth'd out. orm what way thcUn t*a State-/' an*» apj-oiniod a committee of two
the Fame was attempted to be carried out, or what of i s me mber* from each ?tate. and ot one from each
were thcacts dune in pursuance thereof. . Territory . **nd one from the District of C dumbia. to
ANSWER TO ARTICLE VI. i wail ut>on the I > re.-ideiit nf the Unitrei Statis. and to
Arrow an 1 | present t<> him a c«»py <*f the proceedings of the con-
And to answer to the said fifth article, this re- vent-on; tba oa the 18th day of raid month of Aosruat
spondcot denies that, on thesaid 2Jft day of Feb- thsC* mmittc«wairedupontbeP/e?iderjtoftheUnt-
ruary, 1858, at Washing on aforesaid, or at any ot tor ted State* at the Executive Mansi--n. and was re
time or place, he did unlawfully conspire with the ceived by him in- one «-f the rooms thereof; and
said Thomas, by force, to*et*-\ take, or |OMt»iihe by* their C ia rrnan, the lion. Rcverdy Johnson,
property of tho Untied States in the Department of tton and now a Senator « f the United States, acting
War. c.ntr«ry to the provision* of thesaid acts re- audsp aki"g in tbeir behalf, presented a copy of the
ferred to in thesaid aitiele. or either of them, or with pr* codings of the c*nY«-n’i<>n and addressed the
intent to violate either of th«m. KespODd*nt pro- Presided • ofthe United St>»t •> in aspcc.-b. of whicha
testing that said Stanton was not ihen and there Sec- copy ucc*>r**i’ £ to a published rojortof ibe-ame.aud
retary for the Departu ent of War. not only denies as the respondent believes substantially a correct re-
the * aid conspiracy as charged, but alao denies any port) i- hereto annexed i?s a part of thii answer and
nnrked CxhibitC. 1 bat. ther upon a».d in r ply to
-* • ' !J ! L theirebairmar. this
unlawful intent in reference to the custody and m , T .— .
charge of the property ofthe United States In the said the address of s«id co?ji mu tee by —.. _
Department of War, and a.*ain1 lelon* to his f-nner resp *ndenta4dre?ii d the s »id committee ro waiting
an? wer 1 or a lull statement of his intent and purpose np »n him in one of the rods* of tbe Executive Man
in the rremises. *ion s and this re»*p n lent btlievoi thmt this his ad-
AVRwaa to vuticle YIT. dre a t*> s-iid committee is the occasion referred to in
ANSWER TO ARTICLE- V ti. the fi s: speciicrtio,. of the tenth artiele; but this re
Anil foran*werto the.faiu rereoi/a ar lele, resjion- spot dent .l.>es aot admit th it the p.i--\*aires.therein s t
dent denies that on the :»Td 2>t day of F ebruary, l .rth. as if extrnc": fr tu a spec-h nr address of this
IS6S, at W» shtr.ctou nfirisaid. or at auj^other ume resp""de'it upon sai-l * c.-A-ion. C'»rr. ctly«tjustn pre-
nnd place, he did ttol.wtulfr cot spire with thesaid sent bi* si.teeJt oraddres* upon said «ctasion.out, an
Tn..mas with intent unlssful'y to sit’, take or pos tltc contrary, thi' > e pot dent demnn-l* and iiis_ft.-that
sess the property of the UnitedSt.tes tntheD-j.a t- if ttd tionorable Court -hall deeot the s-ii-l .rtu-Ieanl
ment of War. with intent to violate or di.regard the thesaid first spccittcntion thereof to contaiD allcga-
said aet in tbe .-aid *<rcath article re erred to. or th it tion of uta ter c >{tnza de hi this honornhlo O.urc as
he did then and ther. emuti^ a huh misdemeanor a high iuisdmi,e.ari..r in ; ffi ‘C wituia tho intent nnd
in office. Respondent protestiirg that the said St in- in.-a>ingot the Conditution of the L nited Stares, and
ton si" not then and there Secretary for the Depart- eha'l re -eive or allow proof in suptort ofthe same,
meat of Wnr. again refers to his former nswers.info that pro f shall bo required to be made >f the actual
sr a* they are applicable, to rdi-'** the intent with speech and address of tht* respondent on -aid ocea
whi-h he proceeded in thu premise*, and pray- carnal si n. whicti tli : * lespon eot .lei ies that -aid art cle
ben* fit ther. f o:n n* if the .-.ime were h-re again lull/ and specification coh tains or correctly or justly repre-
rceated. Re*pondeiit further takesexcep-ioi. to the tints
-ufficiency of ttie adegiu io s of'hi.- article ..stilbe And this respondent further answering the tenth
conspiracy alltsed, uponthesame grounds asztated artic c and the specifications thereof, says that at
specification of the tenth article: bntibis respond
dec- I.-.t .-.limit th„t 'te t a.--..g! s tti. rein .-it tort
if extracts trom a .-pecch of t'.is re-pondent on Slid
occasion, correctly or justly present his speech or ad
dress upon said occa-ion; but on tbe c.nt'ary. this re
spondent demands and insists, that if this honorable
Court shall deem tbe said article and the sai l third
specification thereof to contain allegati. n of matter
cognizable by this honorable Court a. a rich mi-de
meanor in office, within the intent nnd meaning of
tne Constitution oftae United Mates, and rii.nl re
ceive or allow proof in support of the same, that proof
shall be required to be made ofthe actual speech and
address of t-ris respondent on said ooea-iun, which
ibis respondent denies that the raid article and speci
fication cuutatos, or correctly or justly represents.
And this resp> ndent, tnitner at swering tho tenth
article, jiroiestitig that he bag not h.en unmindful of
t ie high dories nt bis office, or ot the harmony or
• ourtesies which ought to ezi-t and be msintatne t be
tween the executive and legislative brunches of ihe
Government of ihe Uuited Stater, denies that he has
ever tn'ended or ues'gned to set aside tbe ligb'fnl an
thori'y or powc* ol Congn-s*, or attempted to bri. g
into dts.race, ridicule hair-d, rontemp'. or reproach
tha Congress of the United Mates, or eith* r branch
thereof. 01 to impair or destroy tho regard or respect
of all or any ofthe go 1 people of the United Mates
for the longress, * r the rightfdl legislative power
thereof, or to eicite the odium or resentment of all or
any of the good people of the United Mates against
Congress, and the laws by it dnly and constitutionally
enacted. Tbia respondent farther s.ys 'hat at <11
times he has. in his official acts as Fre idcnt, recog
nized the authority ot tbe sevnal Cougte.-ses of the
United Maies. as constituted and organized durir ghts
almini.-irati.il ofthe office of President ofthe Untied
St-'iw.
And this respondent, farther answering, says thst
be has. from time to-sime. under his co-istitutional
right and duty as President of the United States, com
municated to C-me res- his views au.l up nionin regard
fi such acts or res-.loti-n* thereof as, beiogsubmitro-i
to him as President . f the United States in pur-nanco
of the L onstitution. sc-med to rnis r. spond. nt to re
quire t ch communications; and he ha-, from time to
time, in the exercise of that f eedom < f speech wh eh
be.ongs 10 h mas arinzeu of 'he UnitedS ate*, ami
in Ills political relations as President of tbe Untied
States to tbe peoi le of the Uoitcd States, i.- upon fit
•■cartons a outy of tbe highest ■ Id'Ration, expre-*eJ
tohisfe iow-ctiiz ns his views ao(f opinions respecting
tbe measures nnd proce- diups of Congress, and that
in such sddr sees tu hie fell w-ei'izi-n?. and in su--h
his!cou.mut.icatioLS toCoosreas. he has expressed his
views, opinions, aod hi* judgment of and concerning
the actual constant on uf the two Houses * f Congress
without r. presentation therein ofc-rtain States ofthe
Union, and of the eff et th .>'in wisdom and ju.-tice, in
th opinion and judgment of this respondent. Congress,
in iu legislation and proeeetings. -houlo give to this
political circumstance: aud wnatsoever he ha* thus
communicated to Congress. «raddresg>-d to his fel to-
citizeiis or any a-.-c blago thereof this resimndent
says was. and is. within and according to his right and
privilege a* an American citizen, and his right and
duty aa President of the United Mate*.
And at- ic->, “noent. not waiving or at alldispata-
giog hi: right of treed tu of onii.ii n and of freedom
ot speech, as hereinbefore or hereinafter more par
ti. marly set forth, but claiming and insisting upon
■he same, further answering the said tenth article,
say. that the views and opinions expressed by this
respondent in his said addresses to the assemblages of
hi* feifow citizens, as in said article or in this answer
thereto mentioned, are hot, and were not, intended to
boothc or ditterent from ih.-se expressed by him ia his
I'Ouimi-nications to Cony res:—that the eleven States
lately n insurrection never had cessed to be States
ofthe Union, and that they were then entitled to rep
resent 1 ton in Co ogres- by loyal Representatives and
Se-..tors as fatly as tbe other States of tbe Union,
and that con .qnently the Congress, as then constitu
ted. was not. in Tact, a Congras of all tbe States, bet
aCotigre-s of only a part of at} States. This respond
ent, always protesting ar,3in« the unauthorized ex
clusion therefrom of th* said eleven States, neverthe-
les- gave his ssse-A to all tbe taws j>a-sed by r aid Cun-
rre.-s wr.ich did not, in hisopinion and judgment, vio-
.te 'he Constitution, exereisinr his constitutional au
thority of retarnii.g bills to said Congress with bis
objection* when the* appeared to him to be unconsti
tutional or inexpedient^
And, further, this respondent has also expressed tho
opinion, both in hi* communications to Congress and
in his addresses to the peo.de. that the policy adopted
by Congress in reierenee to the States lately in insur
rection did notttnd to peace, harmony and Union,
but, on the contrary, d<d tend to dL-union and tbe
permanentn-urpatinn ofthe Ftates; and that, in fol
lowing its said policy, laws had been parsed by Con
gress in violation orthe fundame-ital principles ofthe
Government, and which tended to consolidation and
despotism: and. such being his deliberate opinions,
be would have felt himr-elf unmindful ofthe high du
ties of his office if he had failed to express them in his
eomiounica-tons to Congress or in hit addresses to the
people, when called upon by them to express his
opiaious on matters of pnblic and political considera
tion.
And th s respondent, further answerirg the tenth
article, says, that he bos always claimed and insisted,
aud now claims and insist.*, that both in bis personal
ani private capacity of a citizen of the United States,
■nd >n tbe political relation: of the President of the
United States to' the people ot the United States,
whose servant nnder the duties and responsibilities
of the Constitution ofthe Unite.! States, the Presi
dent ofthe United States is and should always remain,
this respondent had and has tbe fall right, and. in bis
fficc of President of tbe United Stoles, is held to the
high dnty of forming, and on fit occasion* expressing.
opinions of and concerning the legislation of Ccn-
ure-s. proposed or completed, in respect of its wi*dom.
expediency, justice, worthiness, objects, purposes and
pnbite and political motives and tendencies; and
within an i as a t art of such right and duty, t. form
and on fit occasions to express opinions of azd con
cerning the public character and condnet. views, pur-
po-vs. objects, motives and tenden ies of all men eo-
tpig d in the public service, as well in Congress as
otherwise, ana under no other rules or limits upon
thi* right of freedom of opinion and of freedom of
speech, or of responsibility and amenability for tho
actual exercise or such freedom of opinion and free
dom of speech, than attend upon such rights and their
exercise on the part ol ail oih-r citizens of the United
Stares, and on the part of a'l their pnblic servants.
And this respondent, farther nnswcriag said tenth
article, says, that the several occasions on which, as
is alleged ia the several sp*cifications of said article,
this respondent addressed his fellow-citizens oa sub
jects of public aod political consideration was not. nor
was any one of them, sought or planned by this re-
! Krfatn M. Sti.n on from forthwith resuming the func-
1 tion: of Secretary for the Department of wa-; or by
uolawfu ly dert-intr. or contriving, orattemptieg to
cl. vi-e or contrive means to prevent the execution of
an act en'ttleU-‘An act making Appropv a'ioo, ffig the
support ot tho nrmv for the fiscal year ending June 30,
3808 and for other purpose.*.” approved March 2,1S67,
oHo p event tbe execution of an act entitled '-An act
to provide for the more efficient government ofthe
re' el State*,” pas-ea Match 2, JS67.
And thi* respondent, furtheran-weting the said elev-
entn article,*avs that he h*s, :u hi. sn:»cr to the first
article, ret •onh.ia detail, the acts, etips. andpr ceed-
Ing' done and taken by this respon tent to and to
ward*. or m. the_ matter of the su*j»en-ion or r. moral
of thesaid Edwin M. Stanton in or from the office of
Seeretar, for the Department of War. with 'he times,
tnod~», circumstance:, intents, views, p irposeg anti
opinion: of official ot .ligation and duty nn for and with
wnicn act*, steps, and proceeding* were done and
taken; and tie makes answer, to rhi* eleventh are'ele, of
tne matter* in hi* an-wer to the flr.-t article, pertaining
to the t-uspen'inoor removal of raid Edwin M. -tanton,
to the sun- intent and eflect as if they were repeated
aed set forth.
And thi* re-pondent.further answering the said ele
venth article denies that, by - earn* or rca*oo of any-
tning in said article al'eged, this respondent, ss PresV-
cent of h-United States, did, on th-21-i d a y r Ksn-
r ary, 1S6S, or at any ether day or time, commit, or
hat he wa* guilty of. a high misdemeanor in ■ the.-.
Add this respondent, further answering tbe said elev
enth article, save, that the same and the matters there
in contained do notcharge or allege the corim'-Mon
of any act whatever by this responcent, in his office of
President ofthe United States, nor the om ! :*ion by this
respondent ofaoy act of official obligation or duty in
his .ffieeof President of the Unit, d Mares; nor d >cs
the sard article nor the matter* therein contained,
name, designate, describe, or define, ant act, or rn-de,
or form of attempt device, contrivance, or means,
whereby th s respondent can know, or nnd* rstanfi,
what >-«, * r mode, or form or attempt, device, contri
vance. or means, or of attempt at detic-, c- ntiivat.ee,
or mean*, a e imputed to. or charged against this re
spondent. in h s vfliccotPremidenii t the Un ted States,
or intended no to to-, or whereby this re-; ondent can,
more fully nr definitely, make answer ante the saidar-
tir'e than he hereby doc*.
And this respondent, in submitting to th : s fconorab'e
Court this hi* answer to the articles of lmpeachm-nt
exhibited against him. respectfully restrve 'cave to
amend and add to the same* fromt i* to time, as ttntr
hecoroe necessary or proper, and when and as euch
necessity and propriety shall appear •
ANDREW JOHNSON.
Hen by Stanbery, 1
P. A. Ccrtjs. I
Titos. A. R. Nelson, } Of Counsel.
Wh. M. Evibis. I
W. S. Gboesbkck, j
Jluilock as a financier.
It has been claimed by the Radical papers
thst advocate thU man’s election as tbe Gov
ernor of our good old State—now reduced to
two, by-the by—that if he is not a statesman,
nor at all experienced in the administration
of public affairs, he is an eminent financier
and business man. TLe Chronicle & Senti
nel knocks this last prop from under bim as
follows. If the poor devil has a leg to stand
on now, wc can’t sec it. Tax payers and
property holders will not touch a man whoso
incompetency is so signally demonstrated-
Says the Chronicle :—CoL Sun.
The strongest point made in Bullock’s behalf is
the fact that he is the agent of the Southern Ex
press Company in this State, and that tae great
success ot that corporation and the r tho-oughly
organized system of business is mainly due to his
management. • Let ns examine thi* proposition a
little and see if there is really anything in It. We
start with the proposition, "first,'that the Express
Company is a paying institution ; and second, that
its prosperity is due to the skill and management
of Bullock.
The best standard known to as by which we a]
timate the success of an enterprise, is the amount
of net revenue realized. Measured or estimated
by this standard, the Southern Express Company,
it would 6cem, is the poorest managed corj.oration
iu the State. We are credibly -.ntormed that for
more than two years not a single dividend has
been paid to its stockholders. That they have
done a considerable amount of business is very
well known to the public. What Las become of
the profits, if Mr. Bullock has managed the affairs
Oi tile conce it with so ranch ability, tbe j uttlic
and tlte stockholders arc at a loss to discover.
But there is another and quite as cert, iu test of
the management of moneyed or business opera
tions. It ts the price which their stocjis bring
in the market. Express stock cannot be sold iu
this market tor one-lonrth its par value. If the
Company’s business is iu tbe h nds ot buch a tho
roughly competent man as Bullock is claimed to
be, wbyisit tbatgthe stock can be bought in onr
streets for twenty-three cents on the dollar? Even
with the load of mismanagement which this city
now bears, and its great indebtedness, our city
bonds are worth more than doable that ofthe Ex
press Company stock.
If the present condition of the Express Com
pany is due to the management- ot Bullock, we
should not be surprised it they wish to pr.mote
h m to the Gubernatorial chair, because they
thereby rid themselves of an incompetent man in
the m&ageintnt ot thtir own business aud secure
a ready and wilting tool, to pre mote their selfish
ends in a prominent and controlling position in
tig State government.
The Radical organs blow lustily, also, over the
fact that Bullock has been re cently elected X’resi
*i" ndent; but. on the contrary, each of said occasions . den t ol an important railroad line in this State.—
aro*e utioa tho cxeretse of a lawful and arourtomed In regard to mis it might suffice to slat* that he
t"cti Public sc?vanL«! wd expSfto them thtir opin- 1 procured his election through trickery and fraud,
ion?, wishes and fee-mgs upou matters of public and I and by the %ole of the city stock cast bj a military
po.iiSeal consideration, and to invito from such their appointee of Pope, who is BuIIc ck/s notorious
public servants an ex pres-ion of their opinions, views , krooni—the Augusta Mink, Poster Blodgett.—
and feelings on matters of public aod political con- i the allusion to his railroad connection is
foroffifo°bi,fSrable U Couft 0 an C d before all ffiepe-^e If
th* United States, that of or concerning tin* his right President ol the l.oa- it was completed amitn
of tr*edom of opinion an 1 of freedom of speech, and nxenin^ order from C&m&k to Milleugeviile, a difl*
tbia his exercise of such rights on all matters ofpub-
lic and political con-ideration, and in respretof all
pubLc servnots or persons whatsoever engaced ia or
o nneefod therewith, this respondent, as a citizen or
as President ofthe United, is not subject to question,
mqui*iliOD, impeachment, or inculpation in any form
or manner whatsoever.
And this respondent says that neither the said
tenth article n« r any specification thereof, nor any
al exa'ion therein contained, touches or relates to any
official et or doing of this respondent in tbe office of
Fresidem of the United States, or in tho discharge of
any of its con:titutional or Icxal duties or responsi
bilities, but said article, and the specifications and
allegations thereof, whol y and in every part thereof,
question only the di.cretion or propriety of freedom
of opinion or freedom of speech, as exercised by this
re*t undent a* a citizen of the United Mates in his
personal rinht and Capacity, and wilhoutnllegntion or
inputation against tms respondent pf the violation
of any law of the United states touching or relating to
freedom of speech, or it* exercise by tbe eitizensof
toe United State*, or by this respondent a* one of the
said citizens or otherwise: and he denies that by rea
son oraoy matter in said article or its specifications
alleged, be has said nrdooe anything indecent or cn-
bccomingin the UhiefMagi-trateof the United Mates,
or that he has brought the high office ofthe President
of tbe United Matesintn contempt, ridicule, ordis-
grace, or that he bos committed or has been guilty of
hign misdemeanor ini ffice.
AXSWHIl To ARTICLE XI.
And in answer to the rfcmtl article, this respon
dent denies that on the eighteen h day of August, in
the year 18f»i. at the ity of Washington, intbeDti-
inct of Columbia, he did. by pub ic speech or other-.
: . J ..I. ,T- - L.‘ » All ♦haf li t .
tance of over fifty miles, and the grading from
Mil ledge vilte to Macon, aboul 28 utiles, nearly
complete. The BIodgett-Builock wing insisted
that if the former was elected President, his great
financial ability and business tact tfor particulars,
seo managemect of the Express Company,) would
enable bint to raise money sufficient to complete
the Road to Macon in a short time.
Since his election, now more than four month*
a go, the road has not been advanced a single
foot, and the small amount due contractors for
completing the connection al Milledgeville with
tbe Savannah road is duo and unpaid. If *
competent business man had been elected—if
tho lor’ io- President had been retained in riffiea
—money could and would have been raised long
ere this, and not by making a heavy and burden
some assessment u pen the Stock holders, sufficient
to have had the unfinished portion of the road
in a fair way to completion.
Bullock wa3 elected, a3 we have said, by trick-
erv and fraud, and upon the pledge made by his
Radical supporters that, by lai3 election, the road
would be completed w.ithout the necessity of
making heivy assessments upon the Stockhold-
ers.
Since hiselection large installments have been
called in, greater than the people, in their im-
poverished condition, are aole to bear, and
which will force many of them to forfeit their
wt^.'d.rfore^^^^rtfb.V^.lr^JiffiMh^Vhs- M , k. The reed ts. being O' ' . r fara* Mil-
Thirtv-nivh C t ere- ot tne United Mate* was 1.01 a h-lg..v..b\ and un.ier the »»t-..Jl management
Congress of the Haiti I States., authoriied by the 0 f President. Bullock passengers leaving thi*
f\>::-ti’uti..n t > at: : — legislative i. u wer under tae ,; tv £ . -• ..V; -ck A. M , arrive at Milledgeville,
same, or that bad id alien and there declare or nurrin distance of about one hundred miles, at 5 r.H.,
ofomiy% S are of thsStat'e.^in any Teri-e or meting, being at the magnificent rate of speed of about
n»hcr than that ten Statts of the Union were denied ten miles an hour.
representation therein; or that he made any or either So much for the splendid business tact and
of the declarations or tif5rm.u ions ia ni]' ben a tf, in character ofBullock, the iiezrc-lovinj? candidate
isa : d »nic:e;;!kg d.&s denying, or intending to r ^
thosa-d anic!ealleged— w -. P-
deny, that the legislation of said Thirty-ninth Con
gri’S.s vra.* valid or obligatory upon thii respondent,
except so fkras this respondent saw fit to approve tbo
same; and as to tbo allegation in 8 aid article that he
did thereby intend, or mean to be understood that
thesaid Conurrs-c had not power to propose am nd-
ment< to the Constitutor!, this respond ntsay.*. that
for Governor. We hope, now, that we have given
a faithful sketch of his capacity, that none of
our people will be longer deluded with the bo*
lief that ho is a modern Solon or Lycurgus.
A gang of Vicksburg negroes recent-