Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
Second, that he violated the Anti-conspiracy Act of July 31, 1861, in
conspiring with Thomas to expel Stanton by force from the War Office,
and to seize upon the property and papers of the United States in the
War Office, and to unlawfully disburse the money appropriated for the
military service and the Department of War.
Third, that he violated the Act of March 2, 1867, which, among other
things, directed that the military orders and instructions of the
President and Secretary of War should be issued through the General of
the army, by attempting to induce General Emory, the commander of the
troops around Washington, to disregard this law and take his orders
immediately from the President.
And fourthly, that he committed high misdemeanors {176} in his speeches
denouncing the Thirty-ninth Congress, and declaring it to be a Congress
of only a part of the "States."
[Sidenote: The charges presented to the Senate.]
[Sidenote: The President's appearance entered by his counsel.]
These charges were presented by the managers of the impeachment to the
Senate on March 5th, the day upon which the Senate organized itself as
a Court of Impeachment, by assembling under the presidency of the Chief
Justice of the United States, who administered the oath to the Senators
as members of the court. The court directed its sergeant-at-arms to
serve its summons upon the President to appear before its bar and
answer to the charges preferred against him, and then adjourned to the
13th of the month. On the 13th the court reassembled. The chief clerk
read the return of the sergeant-at-arms to the writ of summons, to the
effect that he had served the writ upon the President at seven o'clock
P.M. of Saturday, the 7th day of the month; and the President entered
his appearance by his counsel, Henry Stanbery, Benjamin R. Curtis,
Jeremiah S. Black, William M. Evarts and Thomas A. R. Nelson, and asked
for forty days for the preparation of his answer to the charges. The
first four of these men were the most noted constitutional lawyers of
the country, and the fifth was one of Mr. Johnson's loyal Tennessee
friends and his chief ally in the Union cause in Tennessee during the
years of sorest trial. Mr. Stanbery had resigned the office of
Attorney-General of the United States in order to take the leading part
in the defence of the President.
[Sidenote: The President's answer to the complaint.]
The managers on the part of the House very ungenerously objected to
giving the President any time at all for the preparation of his answer
further than what he had had since the service of the summons upon him,
but the Senate {177} resolved to give him ten days, that is until March
23d. Upon the latter day the Senate resumed its sitting as a Court of
Impeachment, and the President's counsel appeared with his answer to
the charges made against him.
[Sidenote: The withdrawal of Mr. Black from the President's counsel.]
Public-domain text, read in full here on John Shaqi.
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