he
United States, did then and there commit a high misdemeanor in office.
ART. VIII. 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, A.D. 1868, 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, and
with intent to violate and disregard the act aforesaid, then and there
issue and deliver to one Lorenzo Thomas a letter of authority, in
writing, in substance as follows; that is to say:
EXECUTIVE MANSION,
_Washington, D.C., February 21, 1868_.
Brevet Major-General LORENZO THOMAS,
_Adjutant-General United States Army, Washington, D.C._
SIR: The Hon. Edwin M. Stanton having been this day removed from office
as Secretary for the Department of War, you are hereby authorized and
empowered to act as Secretary of War _ad interim_, and will immediately
enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records,
books, papers, and other public property now in his custody and charge.
Respectfully, yours,
ANDREW JOHNSON.
whereby said Andrew Johnson, President of the United States, did then
and there commit and was guilty of a high misdemeanor in office.
ART. IX. That said Andrew Johnson, President of the United States, on
the 22d day of February, A.D. 1868, at Washington, in the District of
Columbia, in disregard of the Constitution and the laws of the United
States duly enacted, as Commander in Chief of the Army of the United
States, did bring before himself 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, en
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