ricks), which appeared to meet the approval of the
Senate, that in taking the vote on the eleventh article the question
should be put on each clause, and has found himself unable to divide the
article as suggested. The article charges several facts, but they are so
connected that they make but one allegation and they are charged as
constituting one misdemeanor.

The first fact charged is, in substance, that the President publicly
declared in August, 1866, that the Thirty-ninth Congress was a Congress
of only part of the States and not a constitutional Congress, intending
thereby to deny its constitutional competency to enact laws or propose
amendments of the Constitution; and this charge seems to have been made
as introductory, and as qualifying that which follows, namely, that the
President, in pursuance of this declaration, attempted to prevent the
execution of the tenure-of-office act by contriving and attempting to
contrive means to prevent Mr. Stanton from resuming the functions of
Secretary of War after the refusal of the Senate to concur in his
suspension, and also by contriving and attempting to contrive means to
prevent the execution of the appropriation act of March 2, 1867, and
also to prevent the execution of the rebel States governments act of
the same date.

The gravamen of the article seems to be that the President attempted
to defeat the execution of the tenure-of-office act, and that he
did this in pursuance of a declaration which was intended to deny
the constitutional competency of Congress to enact laws or propose
constitutional amendments, and by contriving means to prevent Mr.
Stanton from resuming his office of Secretary, and also to prevent the
execution of the appropriation act and the rebel States governments act.

The single substantive matter charged is the attempt to prevent the
execution of the tenure-of-office act, and the other facts are alleged
either as introductory and exhibiting this general purpose or as showing
the means contrived in furtherance of that attempt.

This single matter, connected with the other matters previously and
subsequently alleged, is charged as the high misdemeanor of which the
President is alleged to have been guilty.

The general question, guilty or not guilty of a high misdemeanor as
charged, seems fully to cover the whole charge, and will be put as to
this article as well as to the others, unless the Senate direct some
mode of division.

In the tenth