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
"Section 2. Be it further enacted: That the headquarters of the General
of the Army of the United States shall be at the City of Washington, and
all orders and instructions relating to military operations issued by
the President and Secretary of War shall be issued through the General
of the Army, and in case of his inability, through the next in rank. The
General of the Army shall not be removed, suspended, or relieved from
command or assigned to duty elsewhere than at said headquarters except
at his own request WITHOUT THE PREVIOUS APPROVAL OF THE SENATE; and any
orders or instructions relating to Military operations issued contrary
to the requirements of this section, shall be null and void. And
any officer who shall issue orders or instructions, contrary to the
provisions of this section, shall be deemed guilty of a misdemeanor in
office; and any officer of the Army who shall transmit, convey or obey
any orders or instructions so issued contrary to the provisions of this
section, knowing that such orders were so issued shall be liable to
imprisonment for not less than two nor more than twenty years upon
conviction thereof in any Court of competent jurisdiction."
By turning to the Congressional Record of that day, it will be found
that Mr. Johnson was perfectly aware of the existence of the foregoing
provision of the Act of Congress in the bill referred to, at the time
he returned the bill to the House with his signature. His reasons for
so signing it are set out in the following communication to the House
accompanying the bill.
The act entitled "An act making appropriations for the support of
the Army for the year ending June 30, 1868, and for other purposes,"
contains provisions to which I must call attention. There are
propositions contained in the second section which in certain cases
deprives the President of his Constitutional functions of Commander in
Chief of the Army, and in the sixth section, which denies to ten States
of the Union their Constitutional right to protect themselves in any
emergency, by means of their own militia. These provisions are out
of place in an appropriation act, but I am compelled to defeat these
necessary appropriations if I withhold my signature from the act.
Pressed by these considerations, I feel constrained to return the bill
with my signature, but to accompany it with my earnest protest against
the section which I have indicated.
Andrew Johnson. Washington, D. C., March 2, 1868.
Public-domain text, read in full here on John Shaqi.
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