PART III. POLITICAL MANUAL FOR 1868. XXIII. ORDERS, LETTERS, MESSAGE AND VOTES IN THE SENATE Request for Mr. Stanton's Resignation and Reply. 2. SECRETARY STANTON TO PRESIDENT JOHNSON. WAR DEPARTMENT, WASHINGTON, August 5, 1867. SIB: Your note of this day has been received, stating that public considerations of a high character constrain you to say that my resignation as Secretary of War will be accepted. In reply, I have the honor to say that public considerations of a high character, which alone have induced me to continue at the head of this Department, constrain me not to resign the office of Secretary of War before the next meeting of Congress. Very respectfully, yours, To the PRESIDENT. EDWIN M. STANTON. Secretary Stanton's Suspension. 3.-PRESIDENT JOHNSON TO SECRETARY STANTON. EXECUTIVE MANSION, WASHINGTON, August 12, 1867 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 suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same. You will at once transfer to General Ulysses S. Grant, 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. Very respectfully, yours, To Hon. EDWIN M STANTON, ANDREW JOHNSON. Secretary of War. -PRESIDENT JOHNSON TO GENERAL GRANT. EXECUTIVE MANSION, WASHINGTON, August 12, 1867. SIR: The honorable Edwin M. Stanton having been this day suspended as Secretary of War, you are hereby authorized and empowered to act as Secretary of War ad interim, and will at once enter upon the discharge of the duties of that office. The Secretary of War has been instructed to transfer to you all records, books, papers, and other public property now in his custody and charge. Very respectfully, yours, ANDREW JOHNSON. To General ULYSSES S. GRANT, Washington, D. C. 5. GENERAL GRANT TO SECRETARY STANTON. HEADQ'RS ARMIES OF THE UNITED STATES, WASHINGTON, D. C., August 12, 1867. SIR: Enclosed herewith I have the honor to transmit to you a copy of a letter just received from the President of the United States, notifying me of my assignment as Acting Secretary of War, and directing me to assume those duties at once. In notifying you of my acceptance, I cannot let the opportunity pass without expressing to you my appreciation of the zeal, patriotism, firmness, and ability with which you have ever discharged the duties of Secretary of War. With great respect, your obedient servant, U. S. GRANT, General. To Hon. EDWIN M. STANTON, 6.-SECRETARY STANTON TO PRESIDENT JOHNSON. WAR DEPARTMENT, WASHINGTON CITY, August 12, 1867. SIR: Your note of this date has been received, informing me that, by virtue of the power and authority vested in you as President by the Constitution and laws of the United States, I am suspended from office as Secretary of War, and will cease to exercise any and all functions pertaining to the same, and also directing me at once to transfer to General U. S. Grant, 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 my custody and charge. Under a sense of public duty I am compelled to deny your right, under the Constitution and laws of the United States, without the advice and consent of the Senate, and without legal cause, to suspend me from office as Secretary of War, or the exercise of any or all functions pertaining to the same, or without such advice and consent to compel me to transfer to any person the records, books, papers, and public property in my custody as Secretary. But inasmuch as the General commanding the armies of the United States has been appointed ad interim, and has notified me that he has accepted the appointment, I have no alternative but to submit, under protest, to superior force. Very respectfully, yours, To the PRESIDENT. EDWIN M. STANTON, Secretary of War. 7.-SECRETARY STANTON TO GENERAL GRANT. WASHINGTON CITY, August 12, 1867. GENERAL: Your note of this date, accompanied by a copy of a letter addressed to you, August 13, by the President, appointing you Secretary of War ad interim, and informing me of your acceptance of the appointment, has been received. Under a sense of public duty I am compelled to deny the President's right, under the Constitution and laws of the United States, to suspend .ne from office as Secretary of War, or to authorize any other person to enter upon the discharge of the duties of that office, or to require me to transfer to you or any other person the records, books, papers, and other property in my official custody and charge as Secretary of War. But, inasmuch as the President has assumed to suspend me from office as Secretary of War, and you have notified me of your acceptance of the appointment of Secretary of War ad interim, I have no alternative but to submit, under protest, to the superior force of the President. You will please accept my acknowledgment of the kind terms in which you have notified me of your acceptance of the President's appointment, and my cordial reciprocation of the sentiments expressed. I am, with sincere regard, truly yours, General ULYSSES S. GRANT. Action of General Grant. HEADQUARTERS ARMIES UNITED STATES, WASHINGTON, D. C., January 14, 1868. SIR: I have the honor to enclose herewith copy of official notice received by me last evening of the action of the Senate of the United States in the case of the suspension of Hon. E. M. Stanton, Secretary of War. According to the provisions of section two of "An act regulating the tenure of certain civil offices," my functions as Secretary of War ad interim ceased from the moment of the receipt of the within notice. I have the honor to be, very respectfully, your obedient servant, U. S. GRANT, General. His Excellency A. JOHNSON, President of the United States. Subsequent Action of President Johnson. 1868, February 21-President Johnson sent this message to the Senate: To the Senate of the United States: On the 12th day of August, 1867, by virtue dent by the Constitution and laws of the United of the power and authority vested in the PresiStates, I suspended Edwin M. Stanton from the office of Secretary of War. In further exercise of the power and authority so vested in the President, I have this day removed Mr. Stanton from the office, and designated the Adjutant General of the Army as Secretary of War ad interim. Copies of the communications upon this subject, addressed to Mr. Stanton and the Adjutant General, are herewith transmitted for the information of the Senate. ANDREW JOHNSON. [For copies of these orders, see the first and second Articles of Impeachment.] Further Proceedings in the Senate. February 21-Mr. Edmunds submitted the following resolution for consideration: the communication of the President stating that Resolved, That, having received and considered he had removed from office Edwin M. Stanton, Secretary of War, the Senate disapprove the action of the President. The Senate, by unanimous consent, proceeded to consider the said resolution. Resolved, That having considered the evidence and reasons given by the President in his report of the 12th December, 1867, for the suspension from the office of Secretary of War of Edwin M. Stanton, the Senate do not concur in such susMr. Dixon moved to amend the resolution, by pension. striking out all after the word "Resolved," and Which was determined in the affirmative inserting as follows: That the President be reyeas 35, nays 6, as follow: quested to inform the Senate by what authority he has removed Edwin M. Stanton from the office of Secretary of War. Mr. Drake moved to amend the amendment of Mr. Dixon, by inserting a preamble, as follows: The Senate having received and considered the communication of the President of the United States, stating that he had removed Edwin M. Stanton from the office of Secretary of War, it is. Which was disagreed to. The amendment of Mr. Dixon was disagreed to-yeas 4, nays 33, as follow: YEAS-Messrs. Buckalew, Dizon, Doolittle, Hendricks—4. NAYS-Messrs. Anthony, Cameron, Cattell, Chandler, Conkling, Couness, Corbett, Cragin, Drake, Edmunds, Ferry, Fessenden, Frelinghuysen, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermout, Patterson of New Hampshire, Pomeroy, Ramsey, Sprague, Stewart, Sumber, Thayer, Tipton, Trumbull, Van Winkle, Willey, Williams, Wilson, Yates-33. NOT VOTING-Messrs. Bayard, Cole, Davis, Fowler, ling, Cragin, Drake, Ferry, Harlan, Morrill of Maine, Mor YEAS-Messrs. Anthony, Cameron, Cattell, Cole, Couk rill of Vermont, Morton, Patterson of New Hampshire Pomeroy, Ramsey, Ross, Sprague, Stewart. Sumner, Thayer, Tipton, Trumb il, Van Winkle, Wade, Willey, Williams, Wilson, Yates-28. NAYS-Messrs. Buckalew, Davis, Doolittle, Edmunds Hendricks, Patterson of Tennessee-6. NOT VOTING -Messrs. Bayard, Chandler, Conness, Corbett, Dixon, Fessenden. Fowler, Frelinghuysen, Grimes. Norton, Nye, Saulsbury, Sherman, Vickers-20. Henderson, Howard, Howe, Johnson, McCreery, Morgan The resolution, as amended, was then agreed to without a division. Acceptance of General Lorenzo Thomas. WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, WASHINGTON, February 21, 1868. Grimes, Johnson, McCreery, Morgan, Morton, Norton, Nye, His Excellency ANDREW JOHNSON, President of Patterson of Tennessee, Ross, Saulsbury, Sherman, Vickers, Wade-17. Mr. Chandler moved to amend the resolution of Mr. Edmunds, by adding thereto the words: as a violation of the rights of the Senate, and unauthorized by law. Which was disagreed to. Mr. Wilson moved to amend the resolution, by inserting a preamble, as follows: Whereas the Senate have received and considered the communication of the President of the United States, stating that he had removed Edwin M. Stanton, Secretary of War, and had designated the Adjutant General of the Army to act as Secretary of War ad interim; and by striking out all after the word "Resolved." and inserting, as follows: by the Senate of the United States that, under the Constitution and laws of the United States, the President has no power to remove the Secretary of War and designate any other officer to perform the duties of that office ad interim. Mr. Yates moved to amend the amendment of Mr. Wilson, by striking out all after the word "Resolved." and inserting, as follows: That the removal of Edwin M. Stanton, Secretary of War, and the appointment of a Secretary of War ad interim, during the session of the Senate, is simple resistance to law and revolutionary in character, and that the Senate disapproves of the same, and advises the said Edwin M. Stanton, Secretary of War, not to surrender the office to any person whomsoever. Which was disagreed to. Mr. Corbett moved to amend the amendment of Mr. Wilson, by striking out all after the word "Whereas" in the preamble, and inserting the words: The President has informed the Senate that he has removed the Secretary of War, Hon. E. M. Stanton, and appointed Adjutant General Thomas to act as Secretary of War ad interim, therefore be it; and by striking out all after the word "Resolved," and inserting in lieu thereof the words: That we do not concur in the action of the President in removing the Secretary of War and appointing the Adjutant General to act as Secretary of War ad interim; that we deny the right of the President so to act, under the existing laws, without the consent of the Senate. Which was disagreed to. The amendment of Mr. Wilson to the resolution of Mr. Edmunds was then agreed to-yeas 28, nays 6, as follow: the United States. delivered the communication addressed by you SIR: I have the honor to report that I have to the honorable Edwin M. Stanton, removing him from the office of Secretary of the War De partment, and also to acknowledge the receipt of your letter of this date authorizing and emPowering me to act as Secretary of War ad infor the confidence reposed in me, and will en terim. I accept this appointment with gratitude deavor to discharge the duties to the best of my ability. I have the honor to be, sir, your obedient servant, L. THOMAS, Adjutant General. Secretary Stanton "Relinquished Charge" of the War Department. the War Office till after the vote in the Senate, Secretary Stanton remained in possession of sitting as a court of impeachment, on the 26th of May, on which day he addressed this communication to President Johnson: WAR DEPARTMENT, WASHINGTON CITY, May 26, 1868. SIR: The resolution of the Senate of the United States, of the 21st of February last, declaring that the President "has no power to remove the Secretary of War and designate any other officer to perform the duties of that office ad interim," having this day failed to be supported by two-thirds of the Senators present ferred against you by the House of Representaand voting on the articles of impeachment pretives, I have relinquished charge of the War Department, and have left the same, and the in my custody as Secretary of War, in care of books, archives, papers, and property, heretofore Brevet Major General Townsend, the senior Assistant Adjutant General, subject to your diEDWIN M. STANTON, Secretary of War. To the PRESIDENT of the United States. Secretary Stanton's order to Gen. Townsend is as follows:: rection. WAR DEPARTMENT, WASHINGTON CITY, May 26, 1868.. GENERAL: You will take charge of the War Department, and the books and papers, archives. and public property, belonging to the same, sub ject to the disposal and direction of the Presi- 1 of the illegal and unconstitutional acts of the dent. EDWIN M. STANTON, President of the United States. Secretary of War. Assistant Adjutant General. Brevet Major Gen. E. D. TOWNSEND, Which was rejected-yeas 19, nays 21, as follow : YEAS-Messrs. Cameron, Cattell, Cole, Conkling, Conness, Cragin, Drake, Morrill of Vermont, Patterson of New Ilampshire, Pomeroy, Ramsey, Stewart, Sumner, Thayer, Tipton, Action of the Senate upon the Nomination of Wade, Williams, Wilson, Yates-19. 1868, May 29-Mr. Edmunds offered the following preamble and resolution : Whereas, on the 23d of April, 1868, the President nominated John M. Schofield to be Secretary of War, in place of Edwin M. Stanton, removed; and whereas, in the opinion of the Senate, the said Stanton has not been legally removed from his office, but inasmuch as the said Stanton has relinquished his place as Secretary of War, for causes stated in his note to the President: Therefore Resolved, That the Senate advise and consent to the appointment of John M. Schofield to be Secretary of War. NAYS-Messrs. Anthony, Buckalew, Corbett, Dolittle, E-4munds, Fowler, Frelinghuysen, Henderson, Hendricks, Jonson, McCreery, Morgan, Morton, Norton, Patterson of Tennessee, Ross, Sprague, Trumbull, Van Winkle, Vickers, Willey-21. NOT VOTING-Messrs. Bayard, Chandler, Davis, Dizon, Ferry, Fessenden, Grimes, Harlan, Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman-14. The amendinent of Mr. Frelinghuysen was then rejected-yeas 15, nays 22, as follow: YEAS-Messrs. Buckalew, Corbett, Doolittle, Fowler, Frelinghuysen, Hendricks, Johnson, McCreery, Norton, Putlerson of Tenuessee, Ross, Sprague, Tipton, Van Winkle, Vickers-15. NATS-Anthony, Cameron, Cattell, Cole. Conkling, ConDess, Cragin, Drake, Edmunds, Morgan, Morton, Patterson of New Hampshire, Pomeroy, Ramsey, Stewart, Summer, Thayer, Wade, Willey, Williams, Wilson, Yates-22. NOT VOTING-Messrs. Bayard, Chandler, Davis, Dizon, Ferry, Fessenden, Grimes, Harlan, Henderson, Howard, Howe, Morrill of Maine, Morrill of Vermont, Nye, Sauls bury, Sherman, Trumbull-17. The resolution offered by Mr. Edmunds was then agreed to-yeas 35, nays 2. as follow: Mr. Willey moved to amend Mr. Edmunds's resolution, by striking out all after "Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield to be Secretary for the Department of War, in the place of Edwin M. Stanton, hereby removed. YEAS-Messrs. Anthony, Buckalew, Cameron, Cattell, Cole Which was debated and withdrawn by him. Conness, Corbett, Doolittle, Drake, Edmunds, Fowler, Fre Mr. Frelinghuysen moved to amend Mr. Edlinghuysen, Harlan, Henderson, Hendricks, Johnson, Morgan, munds's resolution, by striking out all after Re-Morrill of Vermont, Morton, Patterson of New Hampshire, Patterson of Tennessee, Pomeroy, Ramsey, Ross, Sprague, solved," and inserting That the Senate advise and consent to the appointment of John M. Schofield to be Secretary for the Department of War, in the place of Edwin M. Stanton, who has relinquished that office. Stewart. Thayer, Tipton, Trumbull, Van Winkle, Vickers, NAYS-Messrs. McCreery, Norton-2. NOT VOTING-Messrs. Bayard, Chandler, Conkling, Cragin, Davis, Dizon, Ferry, Fessenden, Grimes. Howard, Howe, Morrill of Maine, Nye, Saulsbury, Sherman, Sumner, Wade The preamble was then agreed to-yeas 28, nays 13, as follow: Mr. Henderson moved to amend the amend.-17. ment of Mr. Frelinghuysen, by striking out the words" in the place of Edwin M. Stanton, who has relinquished that office." Which was rejected. Mr. Stewart moved to amend Mr. Frelinghuysen's amendment, by striking out all after Resolved," and inserting That the Senate advise and consent to the appointment of John M. Schofield as Secretary of War, in place of Edwin M. Stanton, who has been forced to retire from the discharge of the duties of said office by reason YEAS-Messrs. Anthony, Cameron, Cattell, Cole, Conkling, Couness, Corbett, Cragiu, Drake, Edmunds, Frelinghuysen, Harlan, Morgan, Morrill of Vermont, Morton, Patterson of New Hampshire, Pomeroy, Ramsey. Sprague, Stewart, Sumner, Thayer, Tipton, Wade, Willey, Williams, Wilson, Yates— 28. NAYS-Buckalew, Doolittle, Fowler, Henderson, Hendricks, Ferry, Fessenden, Grimes, Howard, Howe, Morrill of Maine, NOT VOTING-Messrs. Bayard, Chandler, Davis, Dizon, XXIV. THE ARTICLES OF IMPEACHMENT AND REPLY, Proposed Impeachment of President Johnson.* Contimed from page 64 of the Manual of 1867, or page 190 of the combined Manuals. [No report was made at the July session.] Resolved, That Andrew Johnson, President of the United States, be impeached for high crimes and misdemeanors. Mr. Wilson, for himself and Mr. Woodbridge, and Mr. Marshall, for himself and Mr. El dridge, submitted minority reports. December 7-The resolution above recited was disagreed to-yeas 57, nays 108, as follow: YEAS-Messrs. Anderson, Arnell, J. M. Ashley, Boutwell, Bromwell, Broomall, Benjamin F. Butler, Churchill, Reader W. Clarke, Sidney Clarke, Cobb, Coburn, Covode, Cullom, NAYS-Messrs. Adams, Allison, Ames, Archer, Delos R. Fields, Garfield, Getz, Glossbrenner, Golladay, Griswold, Gro EXECUTIVE MANSION, WASHINGTON, D. C., February 21, 1868. 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 Dodge, Driggs, Eggleston, Eldridge, Eliot, Ferriss, Ferry, Lorenzo Thomas, Adjutant General of the Army, ver, Haight, Halsey, Hamilton, Hawkins, Hill, Holman, who has this day been authorized and empowHooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hublard, ered to act as Secretary of War ad interim, all Richard D. Hubbard, Hulburd, Humphrey, Ingersoll, Johnson, Jones, Kerr, Ketcham, Knott, Koontz, Laflin, George V. records, books, papers, and other public property Lawrence, Lincoln, Marshall, Marvin, McCarthy, McCul now in your custody and charge. lough, Miller, Moorhead, Morgan, Mungen, Niblack, NicholRespectfully, yours, son, Perham, Peters, Phelps, Pike, Plants, Poland, Polsley, Pruyn, Randall, Robertson, Robinson, Ross, Sawyer, Sitgreaves, Smith, Spalding, Starkweather, Stewart, Stone, Taber, Taylor, Upson, Van Aeruam, Van Auken, Van Trump, Van Wyck, Cadwalader C. Washburn, Ellihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, James F. Wilson, John T. Wilson, Woodbridge, Woodward - 108. RESOLUTION OF INQUIRY. 1868, January 27-Mr. Spalding moved a suspension of the rules, to allow him to offer this resolution: Resolved, That the Committee on Reconstruction be authorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws, and to that end the committee have power to send for persons and papers, and to examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time. Which was agreed to-yeas 103, nays 37, and the resolution was adopted-yeas 99, nays 31. OTHER MATTERS REFERRED. February 10-The evidence taken on Impeachzent by the Committee on the Judiciary was, on motion of Mr. Thaddeus Stevens, referred to the Committee on Reconstruction, and the committee was given leave to report at any time. February 11-The correspondence between General Grant and President Johnson, relating to the retirement of the former from the War Office, was also referred to the Committee on Reconstruction. February 13-The Committee on Reconstruction are reported to have voted down resolutions of impeachment offered by Mr. Thaddeus Stevens. The vote on a motion to lay them on the table was, yeas 6, nays 3, as follow: YEAS-Messrs. Beaman, Beck, Bingham, Brooks, Hul burd, Paine-6. NAYS-Messrs. Boutwell, Farnsworth, T. Stevens-3. The Final Effort at Impeachment. IN HOUSE. ANDREW JOHNSON. To the Hon. EDWIN M. STANTON, Washington, D. C. Which was referred to the Committee on Reconstruction, with authority to report at any time, together with a resolution offered by Mr. Covode, as follows: Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors. REPORT OF COMMITTEE. 1868, February 22-Mr. Thaddeus Stevens, from the Committee on Reconstruction, made the following report: The Committee on Reconstruction, to whom was referred, on the 27th day of January last, the following resolution: thorized to inquire what combinations have been made or attempted to be made to obstruct the due execution of the laws; and to that end the committee have power to send for persons and papers and to examine witnesses on oath, and report to this House what action, if any, they may deem necessary, and that said committee have leave to report at any time; Resolved, That the Committee on Reconstruction be an And to whom was also referred, on the 21st day of February, instant, a communication from Hon. Edwin M. Stanton, Secretary of War, dated on said 21st day of February, together with a copy of a letter from Andrew Johnson, President of the United States, to the said Edwin M. Stanton, as follows: EXECUTIVE MANSION, You will transfer to Brevet Major General Lorenzo Thomas, Adjutant General of the Army, 1868, February 21-The Speaker, by unani- who has this day been authorized and empowmous consent, laid before the House the follow-ered to act as Secretary of War ad interim, all ing communication from the Secretary of War: WAR DEPARTMENT, WASHINGTON CITY, February 21, 1868. SIR: General Thomas has just delivered to me a copy of the enclosed order, which you will please communicate to the House of RepresentE. M. STANTON, Secretary of War. atives. Hon. SCHUYLER COLFAX, records, books, papers, and other public property Respectfully, yours, ANDREW JOHNSON, of Representatives the following resolution, Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misde meanors: |