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 only question, then, which remains, is simply this: Has the accused
violated that (Tenure-of-Office) Act? No one knows better than this
accused the history of, and the purpose to be secured by, that Act. It
was ably and exhaustively discussed on both sides, in all aspects.
In the debates of Congress it was subsequently reviewed and closely
analyzed in a Veto Message of the respondent. No portion of that Act
escaped his remark, and no practical application which has been made
of it since did he fail to anticipate. He knew before he attempted its
violation that more than three-fourths of the Representatives of the
people in Congress assembled had set their seal of disapprobation upon
the reasons given in the Veto Message and had enacted the law by more
than the constitutional number of votes required. Nay, more; he was
repeatedly warned, by investigations made looking toward just such a
proceeding as now being witnessed in this court, that the people had
instructed their Representatives to tolerate no violation of the laws
constitutionally enacted.
Mr. Groesbeck, in behalf of the defense, said in closing his argument:
What is to be your judgment, Senators, in this case? Removal from office
and perpetual disqualification? If the President has committed that for
which he should be ejected from office it were judicial mockery to stop
short of the largest disqualifications you can impose. It will be a
heavy judgment. What is his crime in its moral aspects, to merit such a
judgment? Let us look to it.
He tried to pluck a thorn out of his very heart, for the condition of
things in the War Department, and consequently in his Cabinet, did pain
him as a thorn in his heart. You fastened it there, and you are now
asked to punish him for attempting to extract it. What more? He made
an ad interim appointment to last for a single day. You could have
terminated it whenever you saw fit. You had only to take up the
nomination which he had sent to you, which was a good nomination, and
act upon it and the ad interim vanished like smoke. He had no idea of
fastening it upon the department. He had no intention of doing
anything of that kind. He merely proposed that for the purpose, if the
opportunity should occur, of subjecting this law to a constitutional
test. That was all the purpose it was to answer. It is all for which it
was intended. The thing was in your hands from the beginning to the end.
You had only to act upon the nomination, and the matter was settled.
Surely that was no crime.
I point you to the cases that have occurred--of ad interim appointment
after ad interim appointment; but I point especially to the case of Mr.
Holt, where the Senate in its legislative capacity examined it, weighed
it, decided upon it, heard the report of the President and received it
as satisfactory. That is, for the purpose of this trial, before the same
tribunal, res adjudicate, I think, and it will be so regarded.
Public-domain text, read in full here on John Shaqi.
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