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
be transmitted through General Grant to the army, and in like manner all
orders coming from General Grant to any of his subordinate officers must
necessarily come, if in my department, through me; that if by chance an
order had been given to any junior officer of mine it was his duty at
once to report that fact. The President asked me. "What order do you
refer to?" I replied, "To order number 17 of the series of 1867." He
said, "I would like to see the order," and a messenger was dispatched
for it. At this time a gentleman came in who I supposed had business in
no way connected with the business I had in hand, and I withdrew to the
farther end of the room, and while there, the messenger came in with
the book of orders and handed it to me. As soon as the gentleman had
withdrawn, I returned to the President with the book in my hand, and
said I would take it as a favor if he would permit me to call his
attention to that order; that it had been passed in an appropriation
bill, and I thought it not unlikely that it had escaped his attention.
He took the order and read it, and observed, "This is not in
conformity with the Constitution of the United States, that makes me
Commander-in-Chief, or with the terns of your commission." I replied,
"That is the order which you approved and issued to the army for our
government," or something to that effect. I can not recollect the exact
words, nor do I intend to quote the exact words of the President. He
said, "Am I to understand that the President of the United States can
not give an order except through the General of the Army? Or General
Grant?" I said in reply, that that was my impression--that that was the
opinion that the Army entertain, and I thought upon that subject they
were a unit. I also said, "I think it is fair, Mr. President, to say to
you that when this order came out, there was considerable discussion
on the subject as to what were the obligations of an officer under
that order, and some eminent lawyers were consulted. I myself consulted
one--and the opinion was given to me decidedly and unequivocally that
we were bound by the order, Constitutional or not Constitutional." The
President observed that "the object of the law was evident."
The following is that portion of the act referred to:
Public-domain text, read in full here on John Shaqi.
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