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
It is a new method of ascertaining the meaning of a law, plain upon its
face, by resorting to legislative discussions, and giving in evidence
opinions affected by the law. As a matter of fact; it is well known the
act was intended to prevent the very thing Mr. Johnson attempted in the
matter of Mr. Stanton's removal. I think this manner of defense will not
avail before the Senate. The law must govern in its natural and plain
intendment, and will not be frittered away by extraneous interpretation.
The President in his veto message admits substantially this
construction.
The proviso does not change the general provisions of the Act, except
by giving a more definite limit to the tenure-of-office, but the last
paragraph of the Act puts the whole question back into the hands of the
Senate according to the general intention of the Act, and provides that
even the Secretaries are subject to removal by and with the advice and
consent of the Senate.
The Act first provides that all persons holding civil offices at the
date of its passage appointed by and with the advice and consent of the
Senate, shall only be removed in the same manner. This applies to the
Secretary of War. This proviso merely gives a tenure running with the
term of the President and one month thereafter, subject to removal by
and with the advice and consent of the Senate. The law clearly gives
Mr. Stanton a right to the office from the 4th of March, 1865, till one
month after the 4th of March, 1869, and he can only be disturbed in
that tenure by the President by and with the advice and consent of the
Senate.
Yet, although Mr. Stanton was appointed by Mr. Lincoln in his first
term, when there was no tenure-of-office fixed by law, and continued by
Mr. Lincoln in his second term, it is argued that his term expired one
month after the passage of the Tenure-of-Office Act, March 2nd, 1867,
for the reason that Mr. Lincoln's term expired at his death. This is
false reasoning; the Constitution fixed the term of the President at
four years, and by law the commencement of his term is the 4th of March.
Will it be said that when Mr. Johnson is deposed by a verdict of the
Senate, that the officer who will succeed him will serve for four years?
Certainly not. Why? Because he will have no Presidential term, and will
be merely serving out a part of the unexpired term of Mr. Lincoln, and
will go out of office on the 4th of March, 1869, at the time Mr. Lincoln
would have retired by expiration of his term, had he lived. * * *
Public-domain text, read in full here on John Shaqi.
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