The President's Message Condemned: Office Act and War
The patience and forbearance of Congress were now exhausted. This action of the President was such a flagrant violation of law and open defiance of the Legislature, that on the following day (February 22, 1868) the House of Representatives, by a vote of 126 to 47--an almost strictly party vote (only two Republicans voting with the minority)--"Resolved, That Andrew Johnson, President of the United States, be impeached of high crimes and misdemeanors." A week later, a committee of the House, appointed for the purpose, presented articles of impeachment, nine in number; and these, with slight alterations, were accepted. They charged: (1) Unlawfully ordering the removal of Mr. Stanton, as Secretary of War, in violation of the provisions of the Tenure of Office Act; (2) unlawfully appointing General Lorenzo B. Thomas, as Secretary of War ad interim; (3) substantially the same as the second charge, with the additional declaration that there was, at the time of the appointment of General Thomas, no vacancy in the office of the Secretary of War; (4) conspiring with one Lorenzo Thomas, and other persons to the House unknown, to prevent, by intimidation and threats, Mr. Stanton, the legally appointed Secretary of War, from holding office; (5) conspiring with General Thomas and others to hinder the execution of the Tenure of Office Act, and, in pursuance of this conspiracy, attempting to prevent Mr. Stanton from acting as Secretary of War; (6) conspiring with General Thomas and others to take forcible possession of the property in the War Department; (7) and (8) substantially the charge of conspiring to prevent the execution of the Tenure of Office Act, and for taking possession of the War Department; (9) charged that the President called before him the commander of the forces in the Department of Washington, and declared to him that a law, passed on the 30th of June, 1867, directing that "all orders and instructions relating to military operations, issued by the President or Secretary of War, shall be issued by the General of the Army, and in case of his inability, through the next in rank," was unconstitutional, and not binding upon the commander of the Department of Washington; the intent being to induce the commander to violate the law and to obey orders issued by the President directly.
Thaddeus Stevens of Pennsylvania, Benjamin F. Butler of Massachusetts, John A. Bingham of Ohio, George S. Boutwell of Massachusetts, James F. Wilson of Iowa, Thomas Williams of Pennsylvania, and John A. Logan of Illinois, were appointed managers of the impeachment case, on the part of the House of Representatives. The chief management of the case was intrusted to Mr. Butler. At this stage of the proceedings the Democratic members of the House, to the number of forty-five, entered a formal protest against the whole action in the matter.
On the 3d of March (1868) the managers presented two additional charges against the President, which were adopted by the House, as a part of the impeachment indictment. The first charged that the President had, by inflammatory speeches during his journey, already mentioned, attempted, with a design to cast aside the authority of Congress, to bring that body into disgrace, and to excite the odium and resentment of the people against Congress and the laws they enacted. The second charged that in August, 1866, the President, in a public speech at Washington, declared that Congress was not a body authorized by the Constitution to exercise legislative powers. They then specified many of the President's offences in endeavoring, by unlawful means, to prevent the execution of laws passed by Congress.
These preliminary proceedings toward impeachment filled the loyal heart of the nation with the most profound satisfaction. Letters and telegrams covered the desks of members of Congress, all urging the most speedy and vigorous action toward impeachment. Appended is a copy of a despatch from Governor Oglesby, of Illinois, which is a fair specimen of the tone of the communications and expressive of the feelings of the people. It is dated "Springfield, Illinois; Executive Mansion, February 22, 1868," and is as follows:
"The usurpations of Andrew Johnson have created a profound sensation in this State. His last act is that of a traitor. His treason must be checked. The duty of Congress seems plain. The people of Illinois, attached to the Union, I firmly believe demand his impeachment, and will heartily sustain such action by Congress. The peace of the country is not to be trifled with by this presumptuous demagogue. We know the National Congress will proceed wisely and cautiously; but let it proceed. Millions of loyal hearts are panting to stand by the Stars and Stripes. Have no fear. All will be well. Liberty and order will again triumph."