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
Whoever, therefore, votes "not guilty" on these articles votes to
enchain our free institutions, and to prostrate them at the feet of any
man who, being President, may choose to control them.
A few days after this, Judge Curtis, of the President's counsel, spoke
on behalf of the President. The first and principal Government of
the Articles of Impeachment against Mr. Johnson was violation of
the Office-Tenure Act, which had been passed the year before for the
undisguised purpose of restricting the President's power to remove his
Cabinet officers, particularly, his War Minister, Mr. Stanton. It was
apparent that Mr. Butler had been embarassed in his plea by the proviso
of that Act, that members of the Cabinet should hold "during the term
of the President by WHOM THEY MAY HAVE BEEN APPOINTED and for one month
longer."
Mr. Butler had asked--By whom was Mr. Stanton appointed? By Mr. Lincoln.
Whose presidential term was he holding tinder when the bullet of Booth
became a proximate cause of this trial? Was not this appointment in full
force at that hour. Had any act of the respondent up to the 12th day
of August last vitiated or interfered with that appointment? Whose
Presidential term is the respondent now serving out? His own, or
Mr. Lincoln's. If his own, he is entitled to four years up to the
anniversary of the murder, because each presidential term is four years
by the Constitution, and the regular recurrence of those terms is fixed
by the Act of May 8, 1792. If he is serving out the remainder of Mr.
Lincoln's term, then his term of office expires on the 4th of March,
1869, if it does not before.
Judge Curtis struck his first blow at the weak point of General Butler's
speech. He said:
There is a question involved which enters deeply into the first eight
Articles of Impeachment and materially touches two of the others; and to
that question I desire in the first place to invite the attention of
the court, namely--whether MR. STANTON'S CASE COMES UNDER THE
TENURE-OF-OFFICE ACTS? * * * I must ask your attention therefore to
the construction and application of the first section of that act, as
follows: "that every person holding an official position to which he
has been appointed by and with the advice and consent of the Senate,
and every person who shall hereafter be appointed to any such office and
shall become duly qualified to act therein, is and shall be entitled
to hold such office until a successor shall have been in like manner
appointed and duly qualified, except as herein OTHERWISE PROVIDED."
Then comes what is otherwise provided. "PROVIDED, HOWEVER, That the
Secretaries of State, Treasury, War, Navy, and Interior Departments,
the Postmaster General and Attorney General, shall hold their offices
respectively for AND DURING THE TERM OF THE PRESIDENT BY WHOM THEY MAY
HAVE BEEN APPOINTED."
Public-domain text, read in full here on John Shaqi.
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