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 entire impeachment scheme was in reality beaten by the vote on that
Article, and the adjournment of ten days then taken could have been only
in the hope on the part of the majority that ultimate success on some
one of the remaining Articles could be made possible, in some way,
legitimate or otherwise, in part by the importunate throng of visitors
to the Capitol who were vociferously and vindictively urging Mr.
Johnson's removal largely for reasons personal to themselves--but
more especially through the efforts of the House of Representatives to
discipline one or more of the anti-impeaching Republicans of the Senate.
The allegation of the Second Article, put to vote on the 26th, and
beaten by the same vote as was the Eleventh, was a corollary of the
First-violation of the Tenure-of-Office Act in the appointment of
General Thomas as Secretary of War ad interim, WITHOUT THE ADVICE AND
CONSENT OF THE SENATE. This was the first declaration ever made in the
Senate that an ad interim or merely temporary appointment to fill a
vacancy, required confirmation by that body. The power to make such
an appointment is so clearly possessed by the President without
consultation of the Senate-had been so uniformly exercised by every
preceding President without question, that argument on that point would
be superfluous.
In reality the essence of the Second Article, as of the First, was the
removal of Mr. Stanton. If the President could remove him without the
consent of the Senate, which was clearly established in the debate in
the conference by Messrs. Sherman and Howe, the way was clear for the
appointment of an act interim Secretary, to the end that the office be
filled until such time as the President would be prepared to refill the
place with a Secretary on consultation with the Senate. That was the
very thing he attempted to do on the 22nd of February, the day after Mr.
Stanton's removal, when he sent to the Senate the nomination of Thomas
Ewing, Senior, to be Secretary of War, for the action of that body.
The Third Article was so closely analagous to the Second, that an
analysis of it would be in the nature of repetition. If there were any
distinctions between them, they were so finely drawn that they amounted
simply to a distinction without a difference--a characteristic, indeed,
of a large part of the eleven Articles of Impeachment--a characteristic
so conspicuous that it was not deemed worth while by the majority to go
further in their submission to the Court.
Public-domain text, read in full here on John Shaqi.
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