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
These facts of condition attending and characterizing the trial of
President Johnson, pointedly accentuate the danger to our composite form
of government which the country then faced. That danger, as it had found
frequent illustration in the debates in the House of Representatives on
the several propositions for the President's impeachment preceding the
bringing of the indictment, lay in the claim of superiority of political
function for the Legislative branch over the Executive. The quality
of co-ordination of these departments was repeatedly and emphatically
denied by conspicuous and influential members of that body during the
initial proceedings of the impeachment movement, and even on the floor
of the Senate by the managers of the impeachment. To illustrate:
Mr. Bingham, in the House, Feb. 22nd, 1868, announced the extraordinary
doctrine that "there is no power to review the action of Congress."
Again, speaking of the action of the Senate on the 21st of February, on
the President's message announcing the removal of Mr. Stanton, he said:
"Neither the Supreme Court nor any other Court can question or review
this judgment of the Senate."
The declaration was made by Messrs. Stevens and Boutwell in the House,
that the Senate was its own judge of the validity of its own acts.
Mr. Butler, in his opening speech to the Senate, at the beginning of the
trial, used this language:
A Constitutional tribunal solely, you are bound by no law, either
Statute or Common, which may limit your constitutional prerogative. You
consult no precedents save those of the law and custom of parliamentary
bodies. You are a law unto yourselves, bound only by the natural
principles of equity and justice, and salus populi suprema est lex.
Feb. 24, 1868, Mr. Stevens said in the House:
Neither the Executive nor the Judiciary had any right to interfere with
it (Reconstruction) except so far as was necessary to control it by
military rule until the sovereign power of the Nation had provided for
its civil administration. NO POWER BUT CONGRESS HAD ANY RIGHT TO SAY
WHETHER EVER, OR WHEN, they (the rebel States), should be admitted to
the Union as States and entitled to the privileges of the Constitution
of the United States. * * * I trust that when we come to vote upon
this question we shall remember that although it is the duty of the
President to see that the laws be executed, THE SOVEREIGN POWER OF THE
NATION RESTS IN CONGRESS.
Mr. Butler, the leading spirit of the impeachment enterprise, went so
far as to make the revolutionary suggestion of the abrogation of
the Presidential office in the event of final failure to convict the
President--set out in the 8th Chapter.
Mr. Sumner insisted that in no judicial sense was the Senate a Court,
and therefore not bound by the rules of judicial procedure:
Public-domain text, read in full here on John Shaqi.
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