THE PRESIDENT ASKS SECRETARY STANTON'S Having waited full time for the voluntary action of Mr. Stanton, and seeing no manifestation on his part of an intention to resign, the President addressed him the following note on August 5th: "SIR: Public considerations of a high character constrain me to say that your resignation as Secretary of War will be accepted." SECRETARY'S REFUSAL TO RESIGN SIR: 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. SENATE DENIAL OF POWER OF REMOVAL On February 21, 1868, the Senate adopted the following resolution: "Whereas the Senate have received and considered the communication of the President 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 interm: Therefore, "Resolved 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." THE PRESIDENT'S CONCLUSION ON THE "COMPLICATION" After a lengthy argument on the above action of the Senate, the President concluded his reply as follows: "I had indulged the hope that upon the assembling of Congress Mr. Stanton would have ended this unpleasant complication according to his intimation given in his note of August 12. The duty which I have felt myself called upon to perform was by no means agreeable, but I feel that I am not responsible for the controversy or for the consequences. "Unpleasant as this necessary change in my Cabinet has been to me upon personal considerations, I have the consolation to be assured that so far as the public interests are involved there is no cause for regret.' IMPEACHMENT OF PRESIDENT JOHNSON, 1868 The proceedings against the President were initiated on January 7, 1867, when the House adopted a preamble and resolution on motion of Representative Ashley, of Ohio, impeaching the President of "high crimes and misdemeanors" specified in six charges. The Committee on the Judiciary, on February 22d, recommended impeachment. Eleven articles in all were prepared. The trial before the Senate, sitting as a High Court of Impeachment under the presidency of ChiefJustice Chase, extended from March 30th to May 12th. A vote was taken on May 26th, when thirtyfive Senators voted for conviction and nineteen for acquittal; and the President was thus acquitted by one vote. Extracts from the articles of impeachment taken from "Senate Miscellaneous Documents No. 42," Fortieth Congress, Second Session (1867-68). Washington: Government Printing Office, 1868. (See page 54.) ARTICLE I. That said Andrew Johnson, President of the United States, on the 21st day of February, in the year of our Lord 1868, at Washington, in the District of Columbia, 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, did unlawfully, and in violation of the Constitution and laws of the United States, issue an order in writing for the removal of Edwin M. Stanton from the office of Secretary for the Department of War, said Edwin M. Stanton having been theretofore duly appointed and commissioned, by and with the advice and consent of the Senate of the United States, as such Secretary, and said Andrew Johnson, President of the United States, on the 12th day of August, in the year of our Lord 1867, and during the recess of said Senate, having suspended by his order Edwin M. Stanton from said office; and within twenty days after the first day of the next meeting of said Senate that is to say, on the 12th day of December, in the year last aforesaid having reported to said Senate such suspension, with the evidence and reasons for his action in the case, and the name of the person designated to perform the duties of such office temporarily until the next meeting of the Senate, and said Senate thereafterward, on the 13th day of January, in the year of our Lord 1868, having duly considered the evidence and reasons reported by said Andrew Johnson for said suspension and having refused to concur in said suspension, whereby, and by force of the provisions of an act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867, said Edwin M. Stanton did forthwith resume the functions of his office, whereof the said Andrew Johnson had then and there due notice, and said Edwin M. Stanton, by reason of the premises, on said 21st day of February, being lawfully entitled to hold said office as Secretary for the Department of War, which said order for the removal of said Edwin M. Stanton is, in substance, as followsthat is to say: ... Which order was unlawfully issued, with intent then and there to violate the act entitled "An act regulating the tenure of certain civil offices," passed March 2, 1867; and, with the further intent, contrary to the provisions of said act, in violation thereof, and contrary to the pro |