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oing its origin in United States Andrew Johnson, President of the

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2, 1867, by unlawfulloon.ces," passed March

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to its source or its immediate cause, you will find out who was responsible for the blood that was shed there. If you will take up the riot at New Orleans and trace it back to the radical Congress, you will find that the riot at New Orleans was substantially planned. If you will take up the proceedings in their caucuses you will understand that they there

the United States, did, heretofore, to wit, on the knew that a convention was to be called which was extinct by its power having expired; that it was said that the in 18th day of August, A. D. 1866, at the city of tention was that a new government was to be organized, and Washington, and the District of Columbia, by on the organization of that government the intention was

public speech, declare and affirm, in substance, to enfranchise one portion of the population, called the colored population, who had just been emancipated, and at

that the Thirty-Ninth Congress of the United the same time disfranchise white men. When you design States was not a Congress of the United States to talk about New Orleans, you ought to understand what

authorized by the Constitution to exercise legis you are talking about. When you read the speeches that were made, and take up the facts on the Friday and Saturday before that convention sat, you will there find that speeches were made incendiary in their character, exciting

iting by denying, and intending to deny, that the that portion of the population, the black population, to arm themselves and prepare for the shedding of blood. You will legislation of said Congress was valid or obligaalso find that that convention did assemble in violation of law, and the intention of that convention was to supersede the

except in so far as he saw fit to approve the same, reorganized authorities in the State government of Louisiana, which had been recognized by the Government of the United States; and every man engaged in that rebellion in that convention, with the intention of superseding and upturn

propose amendments to the Constitution of the ing the civil government which had been recognized by the Government of the United States, I say that he was a traitor to the Constitution of the United States, and hence you find that another rebellion was commenced, having its origin in

United States, afterwards, to wit, on the 21st day the New Orleans riot. And there was the of February, A. D. 1868, at the city of Washing. cause and the origin of the blood that was shed; and every drop of blood that was shed is upon their skirts, and they |

rts; and they and in disregard of the requirement of the Conare responsible for it. I could test this thing a little closer, I but will not do it here to-night. But when you talk about the causes and consequences that resulted from proceedings of that kind, perhaps, as I have been introduced here, and you

execution of an act entitled "An act regulating have provoked questions of this kind, though it does not provoke me, I will tell you a few wholesome things that have been done by this radical Congress in connection with New

2, 1867, by unlawfully devising and contriving, Orleans and the extension of the elective franchise.

and attempting to devise and contrive means “I know that I have been traduced and abused. I know it has come in advance of me here as elsewhere-that I have attempted to exercise an arbitrary power in resisting laws that were intended to be forced upon the Government; that I had exercised that power; that I had abandoned the party that elected me, and that I was a traitor, because I exercised the veto power in attempting, and did arrest for a time, a bill that was called a Freedman's Bureau' bill ; yes, that I was a traitor. And I have been traduced, I have been slandered, I have been maligned, I have been called Judas Iscariot, and all that. Now, my countrymen, here to-night, it is very easy to indulge in epithets; it is easy to call a man

man contriving, and attempting to devise and conJudas and cry out traitor, but when he is called upon to give arguments and facts, he is very often found wanting. Judas Iscariot-Judas. There was a Judas, and he was one of the twelve apostles. Oh! yes, the twelve apostles had a

appropriations for the support of the army for Christ. The twelve apostles had a Christ, and he never could have had a Judas unless he had had twelve apostles. If I have played the Judas, who has been my Christ that I have played the Judas with? Was it Thad. Stevens? Was

also, to prevent the execution of an act entitled it Wendell Phillips ? Was it Charles Sumner? These are the men that stop and compare themselves with the Saviour;

"An act to provide for the more efficient governand everybody that differs with them in opinion, and to try ment of the rebel States," passed March 2, 1867, to stay and arrest their diabolical and nefarious policy, is to

whereby the said Andrew Johnson, President of be denounced as a Judas. * * * * “Well, let me say to you, if you will stand by me in this

the United States, did then, to wit, on the 21st action, if you will stand by me in trying to give the people a fair chance-soldiers and citizens-to participate in these

hese Washington, commit, and was guilty of, a high offices, God being willing, I will kick them out. I will kick them out just as fast as I can.

misdemeanor in office. “Let me say to you, in concluding, that what I have said

SCHUYLER COLFAX, I intended to say. I was not provoked into this, and I care

Speaker of the House of Representatives. not for their menaces, the taunts, and the jeers. I care not for threats. I do not intend to be bullied by my enemies

Attest: nor overawed by my friends. But, God willing, with your LEDWARD MCPHERSON, help, I will veto their measures whenever any of them come

Clerk of the House of Representatives. to me."

Which said utterances, declarations, threats, and harangues, highly censurable in any, are

Votes on the Articles in the House. peculiarly indecent and unbecoming in the Chief 1868, March 2–The first article was agreed Magistrate of the United States, by means to-yeas 127, nays 42, as follow: whereof said Andrew Johnson has brought the YEAR---Messrs. Allison, Ames, Anderson, Arnell, Delos R high office of the President of the United States

es | Ashley, James M. Ashley, Bailey, Baldwin, Banks, Beaman into contempt, ridicule, and disgrace, to the great

Beatty, Benton, Bingham, Blaine, Blair, Boutwell, Bromwell,

Broomall, Buckland, Butler, Cake, Churchill, Rcader W. scandal of all good citizens, whereby said An

Clarke, Sidney Clarke, Cobb, Coburn, Cook, Cornell, Covode,
Cullom, Dawes, Dixon, Dodge, Donnelly, Driggs, Eggleston,

Eliot, Farpsworth, Ferriss, Ferry, Fields, Garfield, Gravely, did commit, and was then and there guilty of a

Griswold, Halsey, Harding, Higby, Hill, Ilooper, Hopkins, high misdemeanor in office.

C. D. Hubbard, Hulburd, Hunter, Ingersoll, Jruckes, Judd,

Julian, Kelley, Kelsey, Ketcham, Kitchen, Koontz, Laflin, I S. Black,* William M. Evarts, and Thomas A. R. Geo.V. Lawrence, William Lawrence, Lincoln, Loan, Logan,

van Nelson, who have my warrant and authority Loughridge, Lynch, Mallory, Marvin, Maynard, McCarthy, McClurg, Mercur, Miller, Moore, Morrell, Mullins, Myers, I therefor, and who are instructed by me to ask of Newcomb, Nunn, O'Neill, Orth, Paine, Perham, Peters, Pike, this honorable court for a reasonable time for Plants, Poland, Polsley, Pomeroy, Price, Raum, Robertson,

the preparation of my answer to said articles. Sawyer, Schenck, Scofield, Shanks, Smith, Spalding, Stark weather, Thaddeus Stevens, Stokes, Taffe, Taylor, Thomas, After a careful examination of the articles of Trimble, Trowbridge, Twichell, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Van Wyck, Ward, Cadwalader C. Washburn, Ellihu B.Washburne, William B. Wash

:I am satisfied that at least forty days will be burn, Welker, Thomas Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Woodbridge-127.

NAYS---Messrs. Adams, Archer, Axtell, Barnum, Beck, Boyer, Brooks, Burr, Cary, Chanler, Eldridge, Fox, Getz,

ANDREW JOHNSON. Glossbrenner, Golladay, Grover, Haight, Holman, Hotchkiss, The counsel also read a "professional stateHumphrey, Johnson, Jones, Kerr, Knott, Marsiali, McCorment" in support of the request. The Senate mick, Morgan, Mungen, Niblack, Nicholson, Pruyn, Randall,

retired for consultation, and, after some time, Ross, Sitgreaves, Stewart, Stone, Taber, Trimble, Van Aulen, Van Trump, Wood, Woodward-42.

adopted, without a division, an order that the Nor VOTING –Messrs. Baker, Barnes, Benjamin, Eckley, respondent file answer on or before the 23d inst. Ela, Finney, Hawkins, Asahel W. Hubbard, Richard D. Hub

| An order was also adopted-yeas 40, nays 10– bard, McCullough, Moorhead, Morrissey, Phelps, Pile, Robinson, Selye, Shellabarger, Aaron F. Stevens, Honry D. Wash- that unless otherwise ordered by the Senate for burn, William Williams-20.

cause shown, the trial shall proceed immediately The second article was agreed to-yeas 124, after replication shall be filed. Days 41, not voting 24. The third article was agreed to-yeas 124,

AN "ILLEGAL AND UNCONSTITUTIONAL COURT.” nays 41, not voting 24.

March 23-Mr. Davis, a member of the Senate The fourth article was agreed to-yeas 117, and of the Court of Impeachment, from the State pays 40, not voting 32.

of Kentucky, moved the court to make this The fifth article was agreed to-yeas 127, nays 42, not voting 20.

The Constitution having vested the Senate The sixth article was agreed to-yeas 127, with the sole power to try the articles of impeachnays 42, not voting 20.

ment of the President of the United States preThe seventh article was agreed to-yeas 127, | ferred by the House of Representatives, and Days 42, not voting 20.

having also declared that “the Senate of the The eighth article was agreed to-yeas 127, United States shall be composed of two Senators nays 42, not voting 20.

from each State, chosen by the legislatures thereI'he ninth article was agreed to-yeas 108, of,” and the States of Virginia, North Carolina, nays 41, not voting 40.

South Carolina, Georgia, Alabama, Mississippi, The tenth article was agreed to-yeas 88, nays | Arkansas, Louisiana, and Texas having, each 44, not voting 57.

by its legislature, chosen two Senators, who have The eleventh article was agreed to--yeas 109, I been and continue to be excluded by the Senate nays 32, not voting 48.

from their seats respectively, without any judge Messrs. John A. Bingbam, George S. Boutwell, ment by the Senate against them personally and James F. Wilson, Benjamin F. Butler, Thomas individually on the points of their elections, reWilliams, John A. Logan, and Thaddeus Stevens turns, and qualifications, it is were elected managers to conduct the impeach Ordered, That a Court of Impeachment for the ment.

trial of the President cannot be legally and conMarch 4-The articles were read to the Senate stitutionally formed while the Senators from the by the Managers.

States aforesaid are thus excluded from the March 5–Chief Justice Chase took the chair, Senate ; and this case is continued until the Associate Justice Nelson having administered Senators from these States are permitted to take the following oath :

their seats in the Senate, subject to all constitu“I do solemnly swear that in all things appertaining to tional exceptions to their elections, returns, and the trial of the impeachment of Andrew Johnson, President of the United States, I will do impartial justice according to ? Which the Constitution and laws: So help me God."

Which was rejected-yeas 2, nays 49, as folMarch 5 and 6—The Chief Justice adminis-low: tered the same oath to the various Senators. On! YEAs-Messrs. Davis, McCreery-2.

NAYS-Messrs. Anthony, Buckalew, Cameron, Cattell, the 6th, an order was adopted, directing a sum- Chandler, Cole, Conkling, Conness, Corbett, Cragin, Dixon, mons on Andrew Johnson to file answer to the Doolittle, Drake, Edmunds, Ferry, Fessenden, Fowler, Fre. articles, returnable on the 13th instant.

linghuysen, Grimes, Harlan, Henderson, Hendricks, HowMarch 13–The President's counsel entered

ard, Howe, Johnson, Morgan, Morrill of Maine, Morrill of

Vermont, Morton, Norton, Nye, Patterson of New Hampthis appearance :

shire, Patterson of Tennessee, Pomeroy, Ranisey, Ross, In the matter of the impeachment of Andrew | Trumbull, van Winkle, Vickers, Willey, Williams, Wilson,

Sherman, Sprague, Stewart, Sumner, Thayer, Tipton, Johnson, President of the United States. Yates-49 Mr. CHIEF JUSTICE: I. Andrew Johnson. Presi.' Nor VOTING-Messrs. Bayard, Saulsbury, Wade-3. dent of the United States, having been served with a summon to appear before this honorable

Answer of President Johnson. court, sitting as a court of impeachment, to

Mr. Curtis then proceeded to read the answer answer certain articles of impeachment found to the

to the close of that portion relative to the first and presented against me by the honorable the

| article of impeachment. House of Representatives of the United States, do hereby enter my appearance by my counsel, 1 * Mr. Black did not appear in the trial. March 23, Hon. Henry Stanbery, Benjamin R. Curtis, Jeremiah | William S. Groesbeck of Ohio appeared in his st rad.

Mr. Stanbery read that portion of the answer | moved from the said office by this respondent, beginning with the reply to the second article the said Stanton continued to hold the same to the close of the response to the ninth article. under the appointment and commission afore

Mr. Evarts read the residue of the answer. said, at the pleasure of the President, until the Senate of the United States, sitting as a Court of

time hereinafter particularly mentioned; and at Impeachment for the trial of Andrew Johnson,

no time received any appointment or commission President of the United States.

save as above detailed.

And this respondent, further answering, says The answer of the said Andrew Johnson, that on and prior to the 5th day of August, President of the United States, to the articles A. D. 1867, this respondent, the President of the of impeachment exhibited against him by the United States, responsible for the conduct of the House of Representatives of the United States. Secretary for the Department of War, and having ANSWER TO ARTICLE I.

the constitutional right to resort to and rely For answer to the first article he says: That upon th

| upon the person holding that office for advice Edwin M. Stanton was appointed Secretary for

concerning the great and difficult public duties the Department of War on the 15th day of Jan

enjoined on the President by the Constitution uary, A. D. 1862, by Abraham Lincoln, then

and laws of the United States, became satisfied President of the United States, during the first

that he could not allow the said Stanton to conterm of his presidency, and was commissioned,

tinue to hold the office of Secretary for the Deaccording to the Constitution and laws of the Po

partment of War without hazard of the public United States, to hold the said office during the

interest; that the relations between the said pleasure of the President; that the office of Sec

Stanton and the President no longer permitted retary for the Department of War was created

the President to resort to him for advice, or to by an act of the first Congress in its first session, la

be, in the judgment of the President, safely repassed on the 7th day of August, A. D. 1789, and

sponsible for his conduct of the affairs of the in and by that act it was provided and enacted, I

Department of War, as by law required, in acthat the said Secretary for the Department of

cordance with the orders and instructions of the War shall perform and execute such duties as

President; and thereupon, by force of the Con: shall from time to time be enjoined on and in

stitution and laws of the United States, which trusted to him by the President of the United

| devolve on the President the power and the duty

to control the conduct of the business of that States, agreeably to the Constitution, relative to the subjects within the scope of said department;

executive department of the government, and and, furthermore, that the said Secretary shall la

by reason of the constitutional duty of the Presi. conduct the business of the said Department in

dent to take care that the laws be faithfully exsuch a manner as the President of the United

ecuted, this respondent did necessarily consider States shall from time to time order and in

and did determine that the said Stanton ought struct.

no longer to hold the said office of Secretary for And this respondent, further answering, says

the Department of War. And this respondent, that by force of the act aforesaid and by reason

by virtue of the power and authority vested in of his appointment aforesaid the said Stanton

him as President of the United States, by the became the principal officer in one of the execu

Constitution and laws of the United States, to

1 give effect to such his decision and determinative departments of the Government within the true intent and meaning of the second section of

tion, did, on the 5th day of August, A. D. 1867,

| address to the said Stanton a note, of which the the second article of the Constitution of the United States, and according to the true intent"

following is a true copy: and meaning of that provision of the Constitu

SIR: Public considerations of a high character constrain tion of the United States; and, in accordance acce

me to say that your resignation as Secretary of War will be

accepted. with the settled and uniform practice of each

| To which note the said Stanton made the fol. and every President of the United States, the said Stanton then became, and so long as he

lowing reply:

War DEPARTMENT, Washington, August 5, 1867. SIR: Your note of this day has beer received, stating that “public considerations of a high character constrain

you" to say "that my resignation as Secretary of War will United States, as well as the person intrusted to

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. for whose conduct in such capacity, subordinate

Very respectfully, yours, to the President, the President is by the Consti

EDWIN M. STANTON. tution and laws of the United States, made re- ! This respondent, as President of the United sponsible.

States, was thereon of opinion that, having * And this respondent, further answering, says regard to the necessary official relations and he succeeded to the office of President of the duties of the Secretary for the Department of United States upon, and by reason of, the death War to the President of the United States, acof Abraham Lincoln, then President of the cording to the Constitution and laws of the United States, on the 15th day of April, 1865, United States, and having regard to the responand the said Stanton was then holding the said sibility of the President for the conduct of the office of Secretary for the Department of War said Secretary, and having regard to the permaunder and by reason of the appointment and nent executive authority of the office which the commission aforesaid; and not having been re- I respondent holds under the Constitution and

us

pointed to any such office, and shall become duly qualified

to act therein, is and shall be entitled to hold such office consistently with the public interests, to allow

until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided :

Provided. That the Secretaries of State, of the Treasury, of and it then became the official duty of the re

War, of the Navy, and of the Interior, the Postmaster Gon.

eral and the Attorney General, shall hold their offices respondent, as President of the United States,

spectively for and during the term of the President by whom to consider and decide what act or acts should they may have been appointed, and one month thereafter,

subject to removal by and with the advice and consent of and might lawfully be done by him, as Presi.

the Senate. dent of the United States, to cause the said

This respondent was also aware that this act Stanton to surrender the said office.

was understood and intended to be an expression This respondent was informed and verily be. lieved that it was practically settled by the first

of the opinion of the Congress by which that Congress of the United States, and had been so

act was passed, that the power to remove execu.

tive officers for cause might, by law, be taken considered, acd, uniformly and in great numbers

from the President and vested in him and the of instances, acted on by each Congress and President of the United States, in succession,

Senate jointly ; and although this respondent from President Washington to, and including,

" had arrived at and still retained the opinion President Lincoln, and from the First Congress

1. above expressed, and verily believed, as he still to the Thirty-Ninth Congress, that the Constitu

believes, that the said first section of the lasttion of the United States conferred on the Pres.

mentioned act was and is wholly inoperative ident, as part of the executive power and as one

and void by reason of its conflict with the Con

stitution of the United States, yet, inasmuch as of the necessary means and instruments of performing the executive duty expressly imposed

the same had been enacted by the constitutional on him by the Constitution of taking care that

majority in each of the two houses of that Conthe laws be faithfully executed, the power at any

gress, this respondent considered it to be proper and all times of removing from office all execu

to examine and decide whether the particular tive officers for cause to be judged of by the

case of the said Stanton, on which it was this President alone. This respondent had, in pur-11

respondent's duty to act, was within or without

the terms of that first section of the act; or, if suance of the Constitution, required the opinion of each principal officer of the executive depart

within it, whether the President had not the ments upon this question of constitutional

power, according to the terms of the act, to reexecutive power and duty, and had been advised

move the said Stanton from the office of Secreby each of them, including the said Stanton,

tary for the Department of War, and having, in Secretary for the Department of War, that

his capacity of President of the Unfted States, hinder the Constitution of the United States this

so examined and considered, did form the opinion power was lodged by the Constitution in the

that the case of the said Stanton and his tenure President of the United States, and that, conse

of office were not affected by the first section of quently, it could be lawfully exercised by him,

the last-named act.

! And this respondent, further answering, says, and the Congress could not deprive him thereof; 1 and this respondent, in his capacity of President:

that although a case thus existed which, in his of the United States, and because in that ju

judgment as President of the United States, capacity he was both enabled and bound to use

ad called for the exercise of the executive power to his best judgment upon this question, did, in

remove the said Stanton from the office of Secregood faith and with an earnest desire to arrive

| tary for the Department of War, and although at the truth, come to the conclusion and opinion,

this respondent was of opinion, as is above and did make the same known to the honorable

shown, that under the Constitution of the United the Senate of the United States by a message

States the power to remove the said Stanton from dated on the 2d day of March, 1867, (a true

the said office was vested in the President of the · sopy whereof is hereunto annexed and marked

United States; and although this respondent A,) that the power last mentioned was conferred |

was also of the opinion, as is above shown, that

the case of the said Stanton was not affected by and the duty of exercising it, in fit cases, was imposed on the President by the Constitution of

the first section of the last named act; and althe United States, and that the President could

| though each of the said opinions had been not be deprived of this power or relieved of this

informed by this respondent upon an actual case, duty, nor could the same be vested by law in

requiring him, in his capacity of President of the President and the Senate jointly, either in

the United States, to come to some judgment and part or whole ; and this has ever since remained

determination thereon, yet this respondent, as

President of the United States, desired and deand was the opinion of this respondent at the time when he was forced as aforesaid to consider

termined to avoid, if possible, any question of and decide what act or acts should and might

the construction and effect of the said first section lawfully be done by this respondent, as President

of the last-named act, and also the broader of the United States, to cause the said Stanton

question of the executive power conferred on

the President of the United States, by the Conto surrender the said office. This respondent was also then aware that by

stitution of the United States, to remove one of the first section of "An act regulating the tenure

the principal officers of one of the executive of certain civil offices," passed March 2, 1867, by

departments for cause seeming to him sufficient;

Dy land this respondent also desired and determined a constitutional majority of both houses of Con

that, if from causes over which he could exert gress, it was enacted as follows:

no control, it should become absolutely necessary · That every person holding any civil office to which he has been appointed by and with the advice and consent of

104 | to raise and have, in some way, determined the Senate, and every person who shall hereafter be av- l either or both of the said last-named questions,

it was in accordance with the Constitution of the And this respondent, further answering, says, United States and was required of the President that it is provided in and by the second section thereby, that questions of so much gravity and of “An act to regulate the tenure of certain importance, upon which the legislative and ex- civil offices," that the President may suspend ecutive departments of the Government had dis- an officer from the performance of the duties of agreed, which involved powers considered by all the office held by him, for certain causes therein branches of the Government, during its entire designated, until the next meeting of 'the Sen. history down to the year 1867, to have been ate, and until the case shall be acted on by the confided by the Constitution of the United Senate; that this respondent, as President of States to the President, and to be necessary for the United States, was advised, and he verily the complete and proper execution of his consti- believed and still believes, that the executive tutional duties, should be in some proper way power of removal from office confided to him by submitted to that judicial department of the the Constitution as aforesaid includes the power government intrusted by the Constitution with of suspension from office at the pleasure of the the power, and subjected by it to the duty, not President, and this respondent, by the order only of determining finally the construction of aforesaid, did suspend the said Stanton from and effect of all acts of Congress, but of com- office, not until the next meeting of the Senate, paring them with the Constitution of the United or until the Senate should have acted upon the States and pronouncing them inoperative when case, but by force of the power and authority found in conflict with that fundamental law vested in him by the Constitution and laws of which the people have enacted for the govern- the United States, indefinitely and at the pleament of all their servants. And to these ends, sure of the President, and the order, in form first, that through the action of the Senate of aforesaid, was made known to the Senate of the the United States, the absolute duty of the Pres- United States on the 12th day of December, A. D. ident to substitute some fit person in place of Mr. 1867, as will be more fully hereinafter stated. Stanton as one of his advisers, and as a principal And this respondent, further answering, says, subordinate officer whose official conduct he was that in and by the act of February 13, 1795, it responsible for and had lawful right to control, was, among other things, provided and enacted might, if possible, be accomplished without the that, in case of vacancy in the office of Secrenecessity of raising any one of the questions tary for the Department of War, it shall be lawaforesaid ; and, second, if this duty could not be ful for the President, in case he shall think it so performed, then that these questions, or such necessary, to authorize any person to perform of them as might necessarily arise, should be the duties of that office until a successor be apjudicially determined in manner aforesaid, and pointed or such vacancy filled, but not exceeding for no other end or purpose this respondent, as the term of six months; and this respondent, President of the United States, on the 12th day being advised and believing that such law was of August, 1867, seven days after the reception in full force and not repealed, by an order dated of the letter of the said Stanton of the 5th of August 12, 1867, did authorize and empower August, hereinbefore stated, did issue to the said Ulysses S. Grant, General of the armies of the Stanton the order following, namely:

United States, to act as Secretary for the DepartEXECUTIVE MANSION, ment of War ad interim, in the form in which

WASHINGTON, August 12, 1867. similar authority had theretofore been given, SIR: By virtue of the power and authority vested in me

à not until the next meeting of the Senate and 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 per- the pleasure of the President, subject only to taining to the same.

ot, the limitation of six months in the said lastYou will at once transfer to General Ulysses S. Grant, who has this day been authorized and einpowered to act as Secretary of War ad interim, all records, books, papers, and other public property now in your custody and charge. The Hon. EDWIN M. STANTON, Secretary of War.

of the United States on the 12th day of DecemTo which said order the said Stanton made

ber, A. D. 1867, as will be hereinafter more fuily

stated; and in pursuance of the design and inWAR DEPARTMENT,

tention aforesaid, if it should become necessary WASHINGTON CITY, August 12, 1867. to submit the said questions to a judicial de SIR: Your note of this date has been received, inform

termination, this respondent, at or near the date ing me that, by virtue of the powers 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 th same, and also directing me at once to transfer to General Ulysses S. Grant, who has this day been authorized and

and necessary 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 withont legal cause, to suspend me

Stanton from longer holding the office of Secrefrom 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 cus

respecting the extent of the power of removal tody 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 ap by the Constitution of the United States, and pointment, I have no alternative but to submit, under pro

any question respecting the construction and test, to superior force, To the PRESIDENT,

I effect of the first section of the said “act regn.

to

WO

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