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 next offer of testimony to be rejected was No. 23--Mr. Gideon
Welles, Secretary of the Navy, on the stand, to prove that the
Cabinet had advised the President to veto the Tenure-of-Office Bill as
unconstitutional. The Chief Justice ruled the testimony admissible for
the purpose of showing the intent with which the President had acted in
the transaction. Prosecution objected, and by a vote of 20 to 29,
the decision of the Chief Justice was overruled. No answer to this
interrogatory was permitted, every vote to refuse this testimony being
cast by a Republican, every one of whom, at the close of the trial,
voting to convict and remove Mr. Johnson for alleged violation of a law
which he believed to be unconstitutional--which he was advised by the
head of the Law Department of the Government was unconstitutional
and therefore not a law which he had sworn to execute, and the
constitutionality of which he had endeavored to get before the courts
for adjudication--those 29 Republicans so voting after having refused to
hear testimony in his defense on these identical points.
The next disputed interrogatory was No. 24--that Mr. Johnson's Cabinet
had advised him that the Secretaries who had been appointed by Mr.
Lincoln and still holding, (Mr. Stanton, Mr. Seward, and Mr. Welles,)
were removable by the President, notwithstanding the assumed restriction
of the Tenure-of-Office Act. The Chief Justice ruled this testimony to
be admissible. Objection was made by the Prosecution, and a vote taken,
and the interrogatory was rejected--22 to 26--every nay vote being
a Republican, every one of whom at the close of the trial, voting to
convict and remove Mr. Johnson from office, after having refused to hear
this very important testimony in his behalf.
Defense next offered to prove (No. 25) that it was determined by the
President, with the concurrence of the Cabinet, that an agreed case for
the determination of the constitutionality of the Tenure-of-Office Act
should be made. This testimony was objected to, and a vote taken,
which was 19 to 30. Every one of the gentlemen voting to reject this
testimony, Mr. Johnson's right to which cannot with any possible showing
of fairness be successfully disputed, were Republicans, and after so
voting, at the close of the trial, declared by their several verdicts
that he had been fairly proven guilty of a high misdemeanor in
office, by violation of the Tenure-of-Office Act in seeking a judicial
determination of the validity of a disputed Act of Congress, and should
be expelled from office.
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