To impeach : - Dismissing Edwin Stanton from office after the Senate had voted not to concur with his dismissal and had ordered him reinstated.
-Appointing Thomas Secretary of War ad interim despite the lack of vacancy in the office, since the dismissal of Stanton had been invalid.
-Appointing Thomas without the required advice and consent of the Senate.
-Conspiring, with Thomas and "other persons to the House of Representatives unknown," to unlawfully prevent Stanton from continuing in office.
-Conspiring to unlawfully curtail faithful execution of the Tenure of Office Act.
-Conspiring to "seize, take, and possess the property of the United States in the Department of War."
-Conspiring to "seize, take, and possess the property of the United States in the Department of War" with specific intent to violate the Tenure of Office Act.
-Issuing to Thomas the authority of the office of Secretary of War with unlawful intent to "control the disbursements of the moneys appropriated for the military service and for the Department of War."
-Issuing to Major General William H. Emory orders with unlawful intent to violate the Tenure of Office Act.
-Making three speeches with intent to show disrespect for the Congress among the citizens of the United States.
To not impeach: - Some members of congress disagreed with their colleagues, and believed that he had the powers
- Disagreement over the law, and disagreement on if it was clear that he violated it or not
- Benjamin Wade was next in line for the presidency (there was no vice president at the time), and he was a radical unpopular republican
