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Richardson, James D. (James Daniel), 1843-1914

"Volume 6, part 2: Andrew Johnson"

C., February 21, 1868_.
Brevet Major-General LORENZO THOMAS,
_Adjutant-General United States Army, Washington, D.C._
SIR: The Hon. Edwin M. Stanton having been this day removed from office
as Secretary for the Department of War, you are hereby authorized and
empowered to act as Secretary of War _ad interim_, and will immediately
enter upon the discharge of the duties pertaining to that office.
Mr. Stanton has been instructed to transfer to you all the records,
books, papers, and other public property now in his custody and charge.
Respectfully, yours,
ANDREW JOHNSON.

then and there being no vacancy in said office of Secretary for the
Department of War; whereby said Andrew Johnson, President of the United
States, did then and there commit and was guilty of a high misdemeanor
in office.
ART. III. That said Andrew Johnson, President of the United States, on
the 21st day of February, A.D. 1868, at Washington, in the District of
Columbia, did commit and was guilty of a high misdemeanor in office in
this, that without authority of law, while the Senate of the United
States was then and there in session, he did appoint one Lorenzo Thomas
to be Secretary for the Department of War _ad interim_, without the
advice and consent of the Senate, and with intent to violate the
Constitution of the United States, no vacancy having happened in said
office of Secretary for the Department of War during the recess of the
Senate, and no vacancy existing in said office at the time, and which
said appointment, so made by said Andrew Johnson, of said Lorenzo
Thomas, is in substance as follows; that is to say:

EXECUTIVE MANSION,
_Washington, D.


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