in disregard of the
requirement 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 2, 1867, 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 30, 1868 and for other purposes,"
approved March 2, 1867, 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 2, 1867, whereby the said Andrew Johnson,
President of the United States, did then, to wit, on the 21st day of
February, A.D. 1868, 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_.
IN THE SENATE, _March 4, 1868_.
The President _pro tempore_ laid before the Senate the following letter
from the Hon. Salmon P. Chase, Chief Justice of the Supreme Court of the
United States:
WASHINGTON, _March 4, 1868_.
_To the Senate of the United States_:
Inasmuch as the sole power to try impeachments is vested by the
Constitution in the Senate, and it is made the duty of the Chief Justice
to preside when the President is on trial, I take the liberty of
submitting, very respectfully, some observations in respect to the
proper mode of proceeding upon the impeachment which has been preferred
by the House of Representatives against the President now in office.
That when the Senate sits for the trial of an impeachment it sits as a
court seems unquestionable.
That for the trial of an impeachment of the President this court must be
constituted of the members of the Senate, with the Chief Justice
presiding, seems equally unquestionable.
The Federalist is regarded as t
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