MONDAY, MAY 11, 1868.

THE UNITED STATES _vs_. ANDREW JOHNSON, PRESIDENT.

The Chief Justice stated that in compliance with the desire of the

Senate he had prepared the question to be addressed to Senators upon

each article of impeachment, and that he had reduced his views thereon

to writing, which he read, as follows:

SENATORS: In conformity with what seemed to be the general wish of the

Senate when it adjourned last Thursday, the Chief Justice, in taking the

vote on the articles of impeachment, will adopt the mode sanctioned by

the practice in the cases of Chase, Peck, and Humphreys.

He will direct the Secretary to read the several articles successively,

and after the reading of each article will put the question of guilty or

not guilty to each Senator, rising in his place, in the form used in the

case of Judge Chase:

Mr. Senator ----, how say you? Is the respondent, Andrew Johnson,

President of the United States, guilty or not guilty of a high

misdemeanor, as charged in this article?

In putting the question on Articles IV and VI, each of which charges a

crime, the word "crime" will be substituted for the word "misdemeanor."

The Chief Justice has carefully considered the suggestion of the Senator

from Indiana (Mr. Hendricks), 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 article the division suggested by the Senator from New York

(Mr. Conkling) may be more easily made. It contains a general allegation

to the effect that on the 18th of August and on other days the

President, with intent to set aside the rightful authority of Congress

and bring it into contempt, delivered certain scandalous harangues, and

therein uttered loud threats and bitter menaces against Congress and the

laws of the United States enacted by Congress, thereby bringing the

office of President into disgrace, to the great scandal of all good

citizens, and sets forth in three distinct specifications the harangues,

threats, and menaces complained of.

In respect to this article, if the Senate sees fit so to direct, the

question of guilty or not guilty of the facts charged may be taken in

respect to the several specifications, and then the question of guilty

or not guilty of a high misdemeanor, as charged in the article, can also

be taken.

The Chief Justice, however, sees no objection to putting the general

question on this article in the same manner as on the others; for,

whether particular questions be put on the specifications or not, the

answer to the final question must be determined by the judgment of the

Senate whether or not the facts alleged in the specifications have been

sufficiently proved, and whether, if sufficiently proved, they amount

to a high misdemeanor within the meaning of the Constitution.

On the whole, therefore, the Chief Justice thinks that the better

practice will be to put the general question on each article without

attempting to make any subdivision, and will pursue this course if no

objection is made. He will, however, be pleased to conform to such

directions as the Senate may see fit to give in this respect.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 796 / 803 题