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t to be voted upon。 A vacancy in the ranks of the anti…impeaching Republicans to be filled by an impeaching appointee might happen。 Many contingencies were possible during the next ten days for a reversal of the action of the Senate just had。 At all events； everything would be hazarded by permitting further immediate action； while the situation could be rendered no worse by delay； and time and other mollifying conditions and influences might bring changes more promising of success。
The anti…impeachment Republicans had not long to wait for the development of the purpose of the recess； at least so far its supporters in the House were concerned。 Immediately upon the adjournment of the Senate； the House re…assembled； and the following proceeding was had：
Mr。 Bingham： I have been directed by the Managers on the part of the House of Representatives； in the matter of the Impeachment of Andrew Johnson； to report the following preamble and resolutions for consideration at this time：
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； whe