The offense for which the
President has been impeached is the violation of the Tenure-of-Office Bill, which he
believes and declares to be unconstitutional. This act was passed by Congress and vetoed
by the President; subsequently (on March 2, 1867) the bill was passed over his veto, and
thereby became a law. In suspending rather than removing Mr. Stanton on a
previous occasion, the President seemed desirous of accomplishing his purpose in
accordance with the provisions of the law; and with the same view he sent a message to the
Senate giving his reasons for the suspension. The Senate, on hearing these reasons,
disapproved of his action and Mr. Stanton was restored to his office. Mr. Johnson
seemingly acquiesced in this decision; matters became more quiet; it seemed as if the rest
of his term was to be spent in comparative peace; and so disposed was Congress to remove
all obstructions to the harmonious action of the various bodies composing the Government,
and to cease all action having the slightest resemblance to personal persecution of the
President, that on February 13 the Impeachment Committee of the House of Representatives
refused to entertain a proposition for impeachment, holding that up to that time the
President had done nothing for which he could properly be impeached.
But the President reopened upon Congress
on the 21st of February. Finding it impossible to rid himself of the obnoxious
Secretary by suspension, he issued an order removing him, and another order
appointing Adjutant-General Thomas Secretary of War ad interim. It may be that he
misinterpreted the spirit, which led the House to propose impeachment in December last by
a vote of 107 to 57; he may have attributed this action to fear and hesitancy. But he
claims that from the first it was his purpose to maintain his right of removal, and in his
late message to the Senate he, moreover, submits that to this case of Mr. Stanton the
Tenure-of-Office Bill has no application, since the commission held by the Secretary was
given by President Lincoln. The attempted removal of Secretary Stanton, the appointment of
General Thomas, and the announcement of these acts to the Senate and House of
Representatives was made on February 21, and, as already described in a previous issue,
great excitement ensued through out Washington, and indeed throughout the whole country.
General Thomas formally demanded possession of the War Department, was refused, arrested
for interfering with the duties of the War-office, and finally discharged on bail. The
House of Representatives resolved on February 24, by a vote of 126 yeas to 47 nays, to
impeach the President; on February 25 the announcement of this action was made to the
Senate, and the committee at once began to prepare the indictment. All of these events are
fully illustrated in this issue of the Weekly.
The articles of impeachment presented by
the committee February 29 are ten in number. The substance of the charges against the
President is: That he, unmindful of the high duties of his office, of his oath of office,
and of the requirement of the Constitution that he should take care that the laws be
faithfully executed, issued an order for the removal of Secretary Stanton, with an intent
to violate the Tenure-of-Office Bill; issued another order appointing Adjutant-General
Thomas Secretary of War ad interim, without legal authority and in violation of the
Tenure-of-Office Bill and of the Constitution; conspired with General Thomas and others to
hinder Secretary Stanton, by intimidation and threats, from holding the office of
Secretary of War, to prevent the execution of the Tenure-of-Office Bill, and to seize the
property of the United States in the War Department; intended in the appointment of
Thomas, to unlawfully disburse moneys appropriated for the military service and for the
War Department; and in disregard of the Constitution and the laws of Congress duly
enacted, as commander-in-Chief of the Army of the United States, did bring before himself
in Washington 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, entitled "An act
making appropriations for the support of the army for the year ending June 30, 1868, and
for other purposes," especially the second section thereof, which provides among
other things that "all orders and instructions relating to military operations issued
by the President or Secretary of War shall be issued through the General of the Army, and
in case of his inability, through the next in rank," was unconstitutional and in
contravention of the commission of said Emory, and therefore not binding on him as an
officer in the army of the United States, which said provision of law had been theretofore
duly and legally promulgated by general order for the government and direction of the army
of the United States, as the said Andrew Johnson then and there well knew, with intent
thereby to induce said Emory in his official capacity as commander of the Department of
Washington to violate the provisions of said act, and to take and receive, act upon and
obey such orders as he, the said Andrew Johnson, might make and give, and which should not
be issued through the General of the Army of the United States, according to the
provisions of the said act. Each of these acts of the President are in the indictment
styled "a high misdemeanor in office," with the exception of the conspiracy to
seize upon the property of the War Department, which is pronounced a "high
crime."
The "Guard before the
War-office," illustrated on page 164, is the usual guard of honor which has for years
paced before the Seventeenth Street front of the Department, and is not, as many have
supposed, a special guard detailed to protect Mr. Stanton at this juncture. Persons enter
the Department freely and without challenge from the sentry.
The next sketch (in chronological order)
represents General Thomas demanding the War office of Mr. Stanton. This scene took place
on February 21. General Thomas presented the order of the President appointing him
Secretary of War ad interim to Mr. Stanton in the latters room of the
War-office. He was courteously received by the Secretary, who asked time to consider, and
General Thomas left with a notice that he would formally demand possession of the
Department at nine oclock on the following day. In the mean time he was arrested on
complaint of Secretary Stanton, and, on examination before Judge Cartter, was released on
bail. He subsequently again demanded possession of the War-office and was again refused.
His trial came off on Monday, February 24, but no one appearing against him, he was
discharged. He subsequently sued Secretary Stanton for false imprisonment, laying his
damages at $150,000. Our sketch of the Courtroom represents the scene of February 22.
As of great interest in this connection
we give on pages 168 and 169 a large and beautiful engraving of the House of
Representatives, showing the principal features of the architecture, and containing
portraits of several of the most distinguished representatives of the present Congress. On
the occasion of the adoption of the impeachment resolution, February 24, the galleries of
the House were crowded to overflowing, and the whole House presented the busy and
interesting aspect delineated in our sketch.
Next in the order of their occurrence is
the event illustrated in our engraving on the first page, representing Messrs. Stevens and
Bingham announcing the passage of the Impeachment resolution to the Senate. This
proceeding occurred on February 25. Mr. Stevens, too feeble to walk from his residence to
the Senate chamber, was carried to its entrance in an arm-chair by two stout colored men,
and leaning on the arm of Mr. Bingham and supporting himself by a cane, he entered the
Hall, followed by a large delegation from the House, which took position in various parts
of the lobby. The Sergeant-at-arms announced a message from the House of Representatives,
and Mr. Stevens, pale, emaciated, deathlike in appearance, but in a stern, vigorous voice,
and in a bold, lofty manner, made this formal announcement to the Senate:
In obedience to the order of the House of
Representatives, we appear before you in the name of the House of Representatives and of
all the people of the United States. We do impeach Andrew Johnson, President of the United
States, of high crimes and misdemeanors in office; and we further inform the Senate that
the House of Representatives will in due time exhibit articles against him, and make good
the same, and in their name we demand that the Senate take order for the appearance of
said Andrew Johnson to answer said impeachment.
Mr. Wade, President of the Senate,
announced that "the Senate would take order in the premises," the usual
reference to a committee was made. And the Representatives withdrew.
Since the completion of these
preliminary steps the committee on Impeachment have been busily engaged in preparing the
indictment. One of our engravings on this page represents the Committee in session in
their room engaged in this important labor.