History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868Ross, Edmund G. (Edmund Gibson)
History
History of the Impeachment of Andrew Johnson, President of the United States, by the House of Representatives, and his trial by the Senate for high crimes and misdemeanors in office, 1868
Ross, Edmund G. (Edmund Gibson)
Johnson, Andrew, 1808-1875 -- Impeachment
The first eight articles set out in several distinct forms the acts
of the respondent removing Mr. Stanton from office, and appointing Mr.
Thomas, ad interim, differing in legal effect in the purposes for which
and the intent with which, either or both of the acts were done, and the
legal duties and rights infringed, and the acts of Congress violated in
so doing.
All the articles allege these acts to be in contravention of his oath of
office, and in disregard of the duties thereof.
If they are so, however, the President might have the POWER to do
them under the law; still, being so done, they are acts of official
misconduct, and as we have seen, impeachable.
The President has the legal power to do many acts which, if done in
disregard of his duty, or for improper purposes, then the exercise of
that power is an official misdemeanor.
Ex. gr: he has the power of pardon; if exercised in a given case for a
corrupt motive, as for the payment of money, or wantonly pardoning
all criminals, it would be a misdemeanor. Examples might be multiplied
indefinitely.
Article first, stripped of legal verbiage, alleges that, having
suspended Mr. Stanton and reported the same to the Senate, which refused
to concur in the suspension, and Stanton having rightfully resumed
the duties of his office, the respondent, with knowledge of the facts,
issued an order which is recited for Stanton's removal, with intent
to violate the act of March 2, 1867, to regulate the tenure of certain
civil offices, and with the further intent to remove Stanton from the
office of Secretary of War, then in the lawful discharge of its duties,
in contravention of said act without the advice and consent of the
Senate, and against the Constitution of the United States.
Article 2 charges that the President, without authority of law, on the
21st of February, 1868, issued letter of authority to Lorenzo Thomas
to act as Secretary of War ad interim, the Senate being in session, in
violation of the tenure-of-office act, and with intent to violate it and
the Constitution, there being no vacancy in the office of Secretary of
War.
Article 3 alleges the same act as done without authority of law, and
alleges an intent to violate the Constitution.
Article 4 charges that the President conspired with Lorenzo Thomas
and divers other persons, with intent, by INTIMIDATION AND THREATS,
to prevent Mr. Stanton from holding the office of Secretary of War, in
violation of the Constitution and of the act of July 31, 1861.
Article 5 charges the same conspiracy with Thomas to prevent Mr.
Stanton's holding his office, and thereby to prevent the execution of
the civil tenure act.
Article 6 charges that the President conspired with Thomas to seize and
possess the property under the control of the War Department by FORCE,
in contravention of the act of July 31, 1861, and with intent to
disregard the civil tenure-of-office act.
Public-domain text, read in full here on John Shaqi.
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