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
"On the first organization of the Government it was made a question
whether the power of removal in case of officers appointed to hold
at pleasure resided nowhere but in the body which appointed, and, of
course, whether the consent of the Senate was not requisite to remove.
This was the construction given to the Constitution while it was pending
for ratification before the State conventions by the author of the
Federalist. But the construction which was given to the Constitution by
Congress, after great consideration and discussion, was different.
The words of the act (establishing the Treasury Department) are: 'And
whenever the same shall be removed from office by the President of
the United States, or in any other case of vacancy in the office, the
assistant shall act.' This amounted to a legislative construction of the
Constitution, and it has ever since been acquiesced in and acted upon
as decisive authority in the case. It applies equally to every other
officer of the Government appointed by the President, whose term of
duration is not specially declared. It is supported by the weighty
reason that the subordinate officers in the executive department ought
to hold at the pleasure of the head of the Department, because he is
invested generally with the executive authority, and the participation
in that authority by the Senate was an exception to a general principle
and ought to be taken strictly. The President is the great responsible
officer for the faithful execution of the law, and the power of removal
was incidental to that duty, and might often be requisite to fulfill
it."
Thus has the important question presented by this bill been settled, in
the language of the late Daniel Webster (who, while dissenting from it,
admitted that it was settled), by construction, settled by precedent,
settled by the practice of the Government, and settled by statute.
The events of the last war furnished a practical confirmation of the
wisdom of the Constitution as it has hitherto been maintained in many
of its parts, including that which is now the subject of consideration.
When the war broke out rebel enemies, traitors, abettors, and
sympathizers were found in every department of the Government, as well
in the civil service as in the land and naval military service. They
were found in Congress and among the keepers of the Capitol, in foreign
missions, in each and all of the Executive Departments, in the judicial
service, in the Post Office, and among the agents for conducting Indian
affairs; and upon probable suspicion they were promptly displaced by
my predecessor, so far as they held their offices under executive
authority, and their duties were confided to new and loyal successors.
No complaints against that power or doubts of its wisdom, were
entertained in any quarter.
Public-domain text, read in full here on John Shaqi.
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