whereby said Andrew Johnson, President of the United States, did then
and there commit and was guilty of a high misdemeanor in office.
ART. IX. That said Andrew Johnson, President of the United States, on
the 22d day of February, A.D. 1868, at Washington, in the District of
Columbia, in disregard of the Constitution and the laws of the United
States duly enacted, as Commander in Chief of the Army of the United
States, did bring before himself then and there 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 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 said
act, and with the further intent thereby to enable him, the said Andrew
Johnson, to prevent the execution of the act entitled "An act regulating
the tenure of certain civil offices," passed March 2, 1867, and to
unlawfully prevent Edwin M. Stanton, then being Secretary for the
Department of War, from holding said office and discharging the duties
thereof; whereby said "Andrew Johnson, President of the United States"
did then and there commit and was guilty of a high misdemeanor in
office.
And the House of Representatives, by protestation, saving to themselves
the liberty of exhibiting at any time hereafter any further articles
or other accusation or impeachment against the said Andrew Johnson,
President of the United States, and also of replying to his answers
which he shall make unto the articles herein preferred against him, and
of offering proof to the same, and every part thereof, and to all and
every other article, accusation, or impeachment which shall be exhibited
by them, as the case shall require, _do demand_ that the said Andrew
Johnson may be put to answer the high crimes and misdemeanors in office
herein charged against him, and that such proceedings, examinations,
trials, and judgments may be thereupon had and given as may be agreeable
to law and justice.