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 superiority of the Legislative branch was thus openly advocated
and insisted, and uncontroverted by any Republican supporting the
impeachment. Mr. Johnson, according to these oft repeated declarations,
was to be tried and convicted, not necessarily for any specific
violation of law, or of the Constitution, but by prevailing public
opinion--public clamor-in a word, on administrative differences
subsisting between the President and the leaders of the dominant
party in and out of Congress, and that public opinion, as concurrent
developments fully establish, was industriously manufactured throughout
the North, on the demand of leaders of the impeachment movement in the
House, through the instrumentality of a partisan press and partisan
public meetings, and in turn reflected back upon the Senate, in the
form of resolutions denunciatory of the President and demanding his
impeachment and removal.
That was in fact, and in a large sense, the incentive to the impeachment
movement, and it was--not confined to a faction, but characterized the
dominant portion of the political party then in the ascendancy in and
out of Congress.
In this state of facts lay largely the vice of the impeachment movement,
and it illustrated to a startling degree the danger in the departure
from established forms of judicial procedure in such cases.
It became apparent, long before the close, that it was but little if
anything more than a partisan prosecution--and that fact became more
generally and firmly fixed, from day to day, as the trial approached
conclusion.
In that state of facts, again, and in that sense, the impeachment of
the President, was an assault upon the principle of coordination that
underlies our political system and thus a menace to our established
political forms, as, if successful, it would, logically, have been
the practical destruction of the Executive Department--and, in view
of previous legislation out of which the impeachment movement had to
a degree arisen, and of declarations in the House and Senate quoted in
this connection, the final and logical result of conviction would have
been the absorption of the Executive functions of the Government by the
Legislative Department, and the consequent declension of that Department
to a mere bureau for the registration of the decrees of the Legislature.
Conscious of the natural tendency to infringement by a given Department
of the Government upon the functions of its coordinates, the framers of
the Constitution wisely defined the respective spheres of the several
departments, and those definitions constitute unmistakable admonition
to each as to trespass by either upon the political territory of its
coordinates.
As John C. Calhoun wrote, in the early days of the Republic:
Public-domain text, read in full here on John Shaqi.
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