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
That the chief justice of the United States, presiding in the Senate on
the trial of the President of the United States, is not a member of
the Senate, and has no authority under the Constitution to vote on any
question during the trial, and he can pronounce decision only as the
organ of the Senate, with its assent.
It is not insisted here that there was any sinister purpose in this
proposition, yet the possibilities, in case of its adoption, were
very grave. Like the wasp, the sting was in the tail--"he (the chief
justice;) can pronounce decision only as the organ of the Senate, WITH
ITS ASSENT!" Had that rule been adopted, suppose the Senate, with, its
vote of forty-two Republicans and twelve Democrats, upon failure of
conviction by a two-thirds vote had refused or refrained on a party vote
from giving "its assent" to a judgment of acquittal?
The vote upon this proposed amendment was as follows:
For its adoption--Messrs. Cameron, Cattell, Chandler, Conkling, Conness,
Corbett, Cragin, Drake, Howard, Morgan, Morrill of Maine, Morton, Nye,
Pomeroy, Ramsay, Stewart, Sumner, Thayer, Tipton, Trumbull, Williams,
Wilson--22--all Republicans.
Against its adoption--Messrs. Bayard, Buckalew, Cole, Davis, Dixon,
Doolittle, Edmunds, Ferry, Fessenden, Fowler, Frelinghuysen, Henderson,
Hendricks, Howe, Johnson, McCreery, Morrill of Vermont, Norton,
Patterson of New Hampshire, Patterson of Tennessee, Ross, Sherman,
Sprague, Van Winkle, Vickers, Willey--26--15 Republicans and 11
Democrats.
So the resolution was rejected--every aye vote a Republican, and all
but one, Mr. Trumbull, afterwards voting to impeach the President at tHe
close of the trial--eleven Democrats and fifteen Republicans voting nay.
Mr. Drake then offered the following:
It is the judgment of the Senate that under the Constitution the Chief
Justice presiding over the Senate in the pending trial has no privilege
of ruling questions of law arising thereon, but that all such questions
shall be submitted to a decision by the Senate alone.
It would be difficult to formulate a proposition better calculated to
taint the proceedings with a partisan bias than this one by Mr. Drake.
The impeachment movement was in a very large sense, if not entirely, a
partisan enterprise. It had its origin in partisan differences, and was
based mainly on differences as to public policies at issue between the
two great parties of the country--and while it was expected that every
political friend of the President would vote against the impeachment,
it was DEMANDED, and made a test of party fealty, that every Republican
Senator should vote for his conviction. Therefore, and perhaps it
was not illogical from these premises, party leaders of Mr. Drake's
inclination should not relish the influence the legal, unbiased and
non-partisan rulings of the Chief Justice might have upon his more
conservatively inclined fellow partisans of the body.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account