onstitution that he should
take care that the laws be faithfully executed, did unlawfully and in
violation of the Constitution and laws of the United States issue an
order in writing for the removal of Edwin M. Stanton from the office
of Secretary for the Department of War, said Edwin M. Stanton having
been theretofore duly appointed and commissioned, by and with the advice
and consent of the Senate of the United States, as such Secretary;
and said Andrew Johnson, President of the United States, on the 12th
day of August, A.D. 1867, and during the recess of said Senate, having
suspended by his order Edwin M. Stanton from said office, and within
twenty days after the first day of the next meeting of said Senate--that
is to say, on the 12th day of December, in the year last aforesaid--having
reported to said Senate such suspension, with the evidence and reasons
for his action in the case and the name of the person designated to
perform the duties of such office temporarily until the next meeting of
the Senate; and said Senate thereafterwards, on the 13th day of January,
A.D. 1868, having duly considered the evidence and reasons reported by
said Andrew Johnson for said suspension, and having refused to concur
in said suspension, whereby and by force of the provisions of an act
entitled "An act regulating the tenure of certain civil offices," passed
March 2, 1867, said Edwin M. Stanton did forthwith resume the functions
of his office, whereof the said Andrew Johnson had then and there due
notice; and said Edwin M. Stanton, by reason of the premises, on said
21st day of February, being lawfully entitled to hold said office of
Secretary for the Department of War; which said order for the removal
of said Edwin M. Stanton is in substance as follows; that is to say:
EXECUTIVE MANSION,
_Washington, D.C., February 21, 1868_.
Hon. EDWIN M. STANTON,
_Washington, D.C._
SIR: By virtue of the power and authority vested in me as President by
the Constitution and laws of the United States, you are hereby removed
from office as Secretary for the Department of War, and your functions
as such will terminate upon the receipt of this communication.
You will transfer to Brevet Major-General Lorenzo Thomas,
Adjutant-General of the Army, who has this day been authorized and
empowered to act as Secretary of War _ad interim_, all records, books,
papers, and other public property now in your custody and charge.
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