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 question first asked me seemed to restrict me so close to the
purpose that I endeavored to confine myself to that point alone. On the
first day, or first interview, in which the President offered me the
appointment ad interim, he confined himself to very general terms, and
I gave him no definite answer. The second interview, which was on the
afternoon of the 30th, was the interview during which he made the
points which I have testified to. In speaking he referred to the
constitutionality of the bill known as the civil tenure-of-office
bill, I think, or the tenure of civil office bill; and it was the
constitutionality of that bill which he seemed desirous of having
tested, and which, he said, if it could be brought before the Supreme
Court properly, would not stand half an hour. We also spoke of force.
I first stated that if Mr. Stanton would simply retire, although it was
against my interest, against my desire, against my personal wishes,
and against my official wishes, I might be willing to undertake to
administer the office ad interim. Then he supposed the point was
yielded; and I made this point? "Suppose Mr. Stanton do not yield?" he
answered, "Oh! he will make no objection; you present the order and he
will retire." I expressed my doubt, and he remarked. "I know him better
than you do: he is cowardly." I then begged to be excused from giving
him an answer to give the subject more reflection, and I gave him my
final answer in writing. I think that letter, if you insist on knowing
my views, should come into evidence, and not parol testimony taken up;
but my reasons for declining the office were mostly personal in their
nature.
Mr. Henderson (of the Court) asked this question:
Did the President, on either of the occasions alluded to, express to you
a fixed purpose or determination to remove Mr. Stanton from his office?
General Sherman answered:
If by removal is meant a removal by force, he never conveyed to my mind
such an impression; but he did most unmistakably say that he could have
no more intercourse with him in the relation of President and Secretary
of War.
Mr. Howard (of the Court) asked the General:
You say the President spoke of force. What did he say about force?
General Sherman answered:
I enquired, "Suppose Mr. Stanton do not yield? What then shall be done?"
"Oh," said he, "there is no necessity of considering that question. Upon
the presentation of an order he will simply go away, or retire."
Mr. Henderson (of the Court) asked the question:
Did you give any opinion, or advice to the President on either of
those occasions in regard to the legality or propriety of an ad interim
appointment; and if so, what advice did you give, or what opinion did
you express to him?
Mr. Bingham of the prosecution, objected, and the Chair put the question
to the Senate whether it should be answered. The Senate, without a
division, refused answer to the question, and the examination of Gen.
Sherman closed for that day.
No. 17.
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