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Whereas； information has come to the Managers which seems to them to furnish probable cause to believe that improper or corrupt means have been used to influence the determination of the Senate upon the Articles of Impeachment submitted to the Senate by the House of Representatives against the President of the United States； therefore。
Be it Resolved； That for the further and more efficient prosecution of the Impeachment of the President； the Managers be directed and instructed to summon and examine witnesses under oath； to send for persons and papers； and employ a stenographer； and appoint sub…committee to take testimony； the expense thereof to be paid from the Contingent Fund of the House。
This resolution was immediately and without debate adopted by a vote of 88 to 14。 It would be stating it mildly to say that the House was in a tumult。 The Republican leaders were wild with rage。 They had selected for the first vote what they deemed the strongest point in their indictment； and lost； and their vengeance now turned upon those Republican Senators who had failed to support them。 Hence the adjournment of the Senate for ten days to afford them time to discipline the recusants and force an additional vote for conviction on the next ballot。
The conspicuous indelicacy of this move was two…fold： 1st； in that the House proposed to investigate the action of a co…ordinate branch of Congress： and 2nd； that the trial not being concluded； it had to a pointed degree the appearance of an attempt to intimidate Senators who had voted against conviction into changing their votes at the next ballot in fear of an inquisition for alleged corruption。 In that sense it was an act of intimidationa warning。 It was an ill…disguised threat and a most unseemly proceedingyet there was not one among the supporters of the Impeachment to condemn it； and few who failed openly to justify it。 Partisan rancor and personal and political hostility to the President had reached a point that condoned this indelicacy of the House towards the Senate； and justified the public assault upon the dissenting Republican Senators； and the insult to the Senate itself。
The demand for adjournment and delay seemed to have been understood by the impeaching majority of the Senate； and was of course promptly granted and further voting postponed； and the Senate adjourned to May 26th。
The next ten day were days of unrestof anxiety to all who were involved or in any way interested in the impeachment proceeding。 While the result of the 16th gave hope and comfort to the opponents of impeachment； it caused little or no perceptible discouragement to its more radical friends。 They were more active and persistent than ever。 The footsteps of the anti…impeaching Republicans were dogged from the day's beginning to its end and far into the night； with entreaties； considerations and threats； in the hope of securing a reversal of the result of the 16th。 The partisan press of the States represented by the anti…impeaching Republicans came daily filled with vigorous animadversions upon their action； and not a few threats of violence upon their return to their constituents。 But it was in vain。
The Senate reassembled on the 26th of May to complete the vote on the articles of impeachment。 After the usual preliminary proceedings； Mr。 Williams moved to begin the voting on the Second Article； which was had with the same result as on the 11thand then the Third； and still with the same result。 It then became manifest that it was useless to go farther； as all the balance had been rendered certain of defeat； and by still more decisive votesa considerable number of those so far voting for impeachment having committed themselves in the previous conference against all the balance。 So； to save themselves from being forced to vote against impeachment on any of the articles； there was a unanimous vote of the impeachers to abandon the case and adjournand with it went glimmering the visions of office； and spoils； and the riotous assaults on the public treasury that had for months been organizing for the day when Mr。 Johnson should be put out and Mr。 Wade put in； with the political board clear for a NEW DEAL。
An analysis of the Eleventh； Article shows。 that it comprised four distinct counts； or accusations。
FirstThat Mr。 Johnson had said that the Thirty…Ninth Congress was not a Congress of the United States； but a Congress of only part of the States； and therefore had no power to propose amendments the Constitution。
The latter clause of this accusation was the only portion of the first count that received any consideration during the trial； and the only testimony brought in its support was the Parsons…Johnson telegraphic correspondence set out in Interrogatory No。 5。
In that dispatch； referring to then pending Constitutional amendment （the 14th） Mr。 Johnson referred to Congress as 〃a set of individuals。〃 Mr。 Manager Boutwell declared this expression to be 〃the gist of the offense of this particular telegraphic dispatch。〃
Counsel for defense objected to this testimony； but it was received by a vote of yeas twenty…seven； nays seventeen。
As the Fourteenth Amendment was not declared adopted or a part of the Constitution for more than a year after the transmission of that dispatch； and as the Constitution of the United States prohibits any abridgment of the freedom of speech； and as this remark was unaccompanied by any act in violation of law； it is difficult to see how it could be construed into an impeachable offense。 Moreover； saying nothing of the good taste or propriety of that dispatch； Mr。 Johnson was opposed to the proposed amendment； and had the same right to oppose it； or to characterize it or the members of Congress favoring it； as had any private citizen； or as had the members of Congress to characterize his action in the premises； without being called to account therefor。
The second count of that article was：
Violation of the Tenure…of…Office Act of March 2nd； 1867； in seeking to prevent the resumption by Mr。 Stanton of the office of Secretary of War。
This clause had been very effectually disposed of by Messrs。 Sherman and Howe several days before the vote was taken on the Eleventh Article； when they pointed out the fact that the language cage of the first section of the Tenure…of…Office Act clearly excepted； and was intended by the Senate； to except Mr。 Stanton and all other persons then in Mr。 Johnson's Cabinet who had been originally appointed by Mr。 Lincoln and were still holding over under Mr。 Johnson without having been recommissioned by him； and that Mr。 Johnson had therefore the legal right and power to remove them at his pleasure。
And so convincing had been the argument of those gentlemen at that time； that there was unanimous consent on the pro… impeachment side of the Senate； on two different occasions； to set aside the First Article； of which the alleged unlawful attempt to remove Mr。 Stanton was practically the principal accusation。 Not illogically； that unanimous consent to abandon the First article by thus setting it aside； and afterwards refusing to put it to a vote； may be said to have been equivalent to a vote of its insufficiency。
It is pertinent to suggest here that the President believed the Tenure…of…Office Act to be unconstitutional； as it was clearly an attempted abridgment of his power over his Cabinet which had never before been questioned by Congress。 The only method left him for the determination of that question was in the course he took； except by an agreed case； but it is manifest from the record that no such agreement could be had； as an effort thereto was made in the Thomas case in the District Court； but failed； the prosecution withdrawing the case at the point where that purpose of the President became manifest。
The third count was：
Attempting to prevent the execution of the Army appropriation Act of March 2nd； 1867。
The means specified in this alleged attempt was the appointment of Mr。 Edward Cooper to be Assistant Secretary of the Treasury； with power to draw warrants on the Treasury without the consent of the Secretarythe purpose being to show that； with General Thomas acting as Secretary of War； and Mr。 Cooper as Assistant Secretary of the Treasury to honor General Thomas' drafts； and thus； in control of expenditures for the support of the Army； a conspiracy was sought to be proven whereby the President intended and expected to defeat the Reconstruction Acts of Congress by preventing the use of the Army for its enforcement。
Mr。 Johnson； of the Court； asked this question：
The Managers are requested to say whether they propose to show whether Mr。 Cooper was appointed by the President in November； 1867； as a means to obtain unlawful possession of the public money； other than by the fact of the appointment itself？
Mr。 Manager Butler answered：
We certainly do。
Mr。 Butler read the law on this subject； passed March 2nd； 1867； as follows：
That the Secretary of the Treasury shall have power； by appointment under his hand and official seal； to delegate to one of the Assistant Secretaries of the Treasury authority to sign in his stead all warrants for the payment of money into the public Treasury and all warrants for