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 inquiry which arises on this language, is as to the meaning
of the words "for and during the term of the President." Mr. Stanton,
as appears by the commission which has been put in the case by the
Honorable Managers, was appointed in January, 1862, during the first
term of President Lincoln. Are the words "during the term of the
President," applicable to Mr. Stanton's case? That depends upon whether
an expounder of this law, judicially, who finds set down in it as a part
of the descriptive words, "DURING THE TERMS OF THE PRESIDENT," HAS ANY
RIGHT TO ADD, "AND DURING ANY OTHER TERM FOR WHICH HE MAY BE AFTERWARDS
ELECTED."
I respectfully submit no such judicial interpretation can be put on the
words. Then, if you please, take the next step: "During the term of the
President by whom he was appointed." At the time when this order was
issued for the removal of Mr. Stanton, was he holding the term of the
President by whom he was appointed? The Honorable Managers say yes;
because, as they, say, Mr. Johnson is merely serving out the residue
of Mr. Lincoln's term. But is that so under the provisions of the
Constitution of the United States? * * Although the President, like the
Vice President, is elected for a term of four years, and each is elected
for the same term, the President is not to hold the office absolutely
during four years. The limit of four years is not an absolute limit.
Death is a limit. "A conditional limitation," as the lawyers call it, is
imposed on his tenure of office. And when the President dies his term
of four years, for which he was elected and during which he was to hold
provided he should so long live, terminates, and the office devolves
upon the Vice President. For what period of time? FOR THE REMAINDER OF
THE TERM FOR WHICH THE VICE PRESIDENT WAS ELECTED. And there is no
more propriety, under the provisions of the Constitution of the United
dictates, in calling the term during which Mr. Johnson holds the office
of President, after it was devolved upon him, a part of Mr. Lincoln's
term, then there would be propriety in saying that one sovereign who
succeeded another sovereign by death, holds his predecessor's term.**
They (the Cabinet officers) were to be the advisers of the President;
they were to be the immediate confidential assistants of the President,
for whom he was to be responsible, but in whom he was expected to repose
a great amount of trust and confidence; and therefore it was that this
Act has connected the tenure-of-office of these Secretaries to which it
applies with the President by whom they were appointed. It says, in
the description which the Act gives of the future tenure-of-office of
Secretaries, that a controlling regard is to be had to the fact that
the Secretary whose tenure is to be regulated was appointed by some
particular President; and during the term of that President he shall
continue to hold his office; but as for Secretaries who are in office,
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