her, it was alleged that he had
declared in speeches that the "Thirty-ninth Congress of the United
States was not a Congress of the United States authorized by the
Constitution of the United States to exercise legislative power in the
same."

A further charge, and on which greater reliance was placed, was set
forth in these words: "That he had denied and intended to deny the
power of the Thirty-ninth Congress to propose amendments to the
Constitution of the United States." These articles were in substance
the articles that had been rejected by the House of Representatives in
1867. Finally, as the most important averment of all, the President
was charged with an "attempt to prevent the execution of the act
entitled 'An Act Regulating the Tenure of Certain Civil Offices,'
passed March 2, 1867, by unlawfully devising and contriving and
attempting to contrive means by which he could prevent Edwin M. Stanton
from forthwith resuming the function of the office of the Secretary for
the Department of War, notwithstanding the refusal of the Senate to
concur in the suspension theretofore made by said Andrew Johnson of the
said Edwin M. Stanton from said office of Secretary for the Department
of War." In various forms of language these several charges were set
forth in the different articles of impeachment--eleven in all. The
eleventh article, which was prepared by Mr. Stevens, embodied the
summary of all the charges mentioned. It is to be observed that in the
eleventh article there is no allegation that the President had
committed an offence that was indictable under any statute of the
United States or that would have been indictable at common law. It
may be assumed, I think, that for this country, at least, the question
that was raised at the beginning and argued with great force, and by
which possibly the House of Representatives may have been influenced
in the year 1867, has been settled in accord with the report of the
majority of the Judiciary Committee. The House decided that the
President was impeachable for misdemeanors in office. With stronger
reason it may be said that every other civil officer is bound to
behave himself well in his office. He cannot do any act which impairs
his standing in the place which he holds, or which may bring discredit
upon the public, and especially he may not do any act in disregard of
his oath to obey the laws and to support the Constitution of the
country. The eleventh article wa