History

Even if these exclusions were Post Date: Tue, 12 Aug 2008 6:04:00 +0000
Witnesses were then called, but part of the testimony was excluded by the Senate after it was pronounced admissible by the Chief Justice. Offers were made to prove that Mr Stanton, as a member of the Cabinet, had advised the President that the Tenure of Office Act was unconstitutional, and also that members of the Cabinet appointed by Lincoln were not included in its provisions. Even if these exclusions were good law they were bad politics.

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Neither Mr Stevens nor Mr Post Date: Tue, 12 Aug 2008 5:51:17 +0000
After the testimony was concluded the clos- ing arguments of counsel occupied the attention of the country as well as of the High Court of Impeachment. The speeches in their order were made by General Logan and Mr Boutwell for Congress, and Mr Nelson and Mr Groesbeck for the President; then by Mr Stevens and Mr Williams for Congress, Mr Evarts and Mr Stanbery for the President, and finally by Mr Bingham for Congress. Neither Mr Stevens nor Mr Stanbery was able to deliver his address.

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The vote on the ar- Post Date: Tue, 12 Aug 2008 5:39:51 +0000
Mr Stevens's argument was read by General Butler, and Mr Stanbery 's by one of the officers of the Attorney-General's Department. Twenty- nine Senators filed opinions in the case, five of whom were Democrats Hendricks, of Indiana; Johnson and Vickers, of Maryland; Davis, of Kentucky, and Buckalew, of Pennsylvania. The vote on the ar- ticles voted upon was 35 " guilty " and 19 " not guilty.

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The great trial was over Post Date: Tue, 12 Aug 2008 5:29:11 +0000
" The change of a single vote from " not guilty " to " guilty " would have been suffi- cient to corivict. Besides the recognized Administration Republicans Dixon, of Connecticut; Doolittle, of Wisconsin; Norton, of Minne- sota, and Patterson, of Tennessee Mr Ross, of Kansas, who had succeeded General Lane, voted for acquittal. The great trial was over, Mr Johnson escaping only by the aid of a Republican vote that caused surprise and some painful surmises when Mr Ross voted " not guilty.

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Any other Presi- dent than Post Date: Tue, 12 Aug 2008 5:10:33 +0000
" Secretary Stanton promptly resigned after the failure of impeach- ment, and was succeeded by General John Schofield, whose nomi- nation was confirmed by the Senate. The later judgment of the American people is that the attempt to impeach President Johnson was a mistake, but the character of his Administration and his Reconstruction policy finds no more favor now than when Congress and the country were in a condition of resentment, that was sometimes unjust because it was earnest for a restoration that would preserve the fruits of the great triumph that had been obtained only through four years of war. Any other Presi- dent than Andrew Johnson would probably have piloted his Adminis- tration through the Period of Reconstruction not only without a con- flict with Congress, but to his own enduring fame.

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Representatives shall be apportioned among Post Date: Tue, 12 Aug 2008 4:53:50 +0000
SECTION 1 All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole num- ber of persons in each State, excluding Indians not taxed.

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But Congress may Post Date: Tue, 12 Aug 2008 4:38:09 +0000
But when the right to vote at any election for the choice of Electors for Presi- dent and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the mem- bers of the Legislature thereof, is denied to any of the male inhabi- tants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. No person shall be a Senator or Representative in Con- gress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, w T ho, having previously taken an oath, as a member of Congress, or an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Con- stitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

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The Congress shall have power Post Date: Tue, 12 Aug 2008 4:24:27 +0000
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, or claims shall be held illegal and void. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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That it shall Post Date: Tue, 12 Aug 2008 4:06:20 +0000
WHEREAS, No legal State Government, or adequate protection for life or property now exist in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas, it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established; Therefore Be it enacted, etc, That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed, and for that purpose Vir- ginia shall constitute the first district; North Carolina and South Carolina the second district; Georgia, Alabama, and Florida the third district; Mississippi and Arkansas the fourth district, and Louisiana and Texas the fifth district. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier-general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned. That it shall be the duty of each officer assigned as afore- said to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military com- missions or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority un- der this act shall be null and void.

Autor of the post: Undefined

That until the people Post Date: Tue, 12 Aug 2008 3:53:29 +0000
That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or un- usual punishment shall be inflicted; and no sentence of any military commission or tribunal hereby authorized affecting the life or liberty of any person shall be executed until it is approved by the officer in command of the district, and the laws and regulations for the govern- ment of the army shall not be affected by this act, except in so far as they conflict with its provisions : Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the rebellion, or for felony at common law, and when such constitutions shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such constitution shall provide that the elective franchise shall be enjoyed by all persons as have the qualifications herein stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its Legislature elected under such constitution, shall have adopted the amendment to the Consti- tution of the United States, proposed by the 39th Congress, and known as article fourteen, and when said article shall have be- come a part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State: Provided, That no person excluded from the privilege of holding office by said proposed amend- ment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention. That until the people of said rebel States shall be by law admitted to representation in the Congress of the United States, any civil governments which may exist therein shall be deemed pro- visional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or super- sede the same; and in all elections to any office under such provisional governments all persons shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act; and no person shall be eligible to any office under any such provisional governments who would be disqualified from holding office under the provisions of the third article of said constitutional amendment.

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