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
On this he avers, that by the Constitution, there is "conferred on the
President as a part of the executive power, the power at any and all
times of removing from office all executive officers for cause, to be
judged of by the President alone, and that he verily believes that
the executive power of removal from office, confided to him by the
Constitution, as aforesaid, includes the power of suspension from office
indefinitely."
Now, these offices, so vacated, must be filled, temporarily at least,
by his appointment, because government must go on; there can be no
interregnum in the execution of the laws in an organized government;
he claims, therefore, of necessity, the right to fill their places with
appointments of his choice, and that this power can not be restrained or
limited in any degree by any law of Congress, because, he avers, "that
the power was conferred, and the duty of exercising it in fit cases was
imposed on the President by the Constitution of the United States, and
that the President could not be deprived of this power, or relieved of
this duty, nor could the same be vested by law in the President and the
Senate jointly, either in part or whole."
This, then, is the plain and inevitable issue before the Senate and the
American people:
Has the President, under the Constitution, the more than kingly
prerogative at will to remove from office and suspend from office
indefinitely, all executive officers of the United States, either civil,
military or naval, at any and all times, and fill the vacancies with
creatures of his own appointment, for his own purposes, without any
restraint whatever, or possibility of restraint by the Senate or by
Congress through laws duly enacted?
The House of Representatives, in behalf of the people join this issue
by affirming that the exercise of such powers is a high misdemeanor in
office.
If the affirmative is maintained by the respondent, then, so far as the
first eight articles are concerned--unless such corrupt purposes
are shown as will of themselves make the exercise of a legal power a
crime--the respondent must go, and ought to go quit and free.
Therefore, by these articles and the answers thereto, the momentous
question, here and now, is raised whether the PRESIDENTIAL OFFICE ITSELF
(IF IT HAS THE PREROGATIVES AND POWER CLAIMED FOR IT) OUGHT, IN FACT, TO
EXIST AS APART OF THE CONSTITUTIONAL GOVERNMENT OF A FREE PEOPLE, while
by the last three articles the simpler and less important inquiry is to
be determined, whether Andrew Johnson has so conducted himself that
he ought longer to held any constitutional office whatever. The latter
sinks to merited insignificance compared with the grandeur of the
former.
If that is sustained, then a right and power hitherto unclaimed and
unknown to the people of the country is engrafted on the Constitution
most alarming in its extent, most corrupting in its influence, most
dangerous in its tendencies, and most tyrannical in its exercise.
Public-domain text, read in full here on John Shaqi.
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