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
Mr. Spalding, (Rep. of Ohio). Mr. Speaker, I feel myself to be in no
proper frame of mind or heart to attempt rhetorical display on this
occasion. I can appreciate the sentiments of the gentleman from New
York [Mr. Brooks] when he says the question before us is filled with
solemnity; but when he attempts by gasconade to deter members on this
side of the House from the conscientious discharge of their duty I say
to my friend that he has mistaken his calling. Sir, no more important
duty could be devolved upon this House of Representatives than that
of considering the question whether articles of impeachment shall be
preferred against the Chief Magistrate of the United States; and for
long months, ay, for more than a year, sir. I have resisted, with all my
efforts and all my personal influence, the approach of that crisis which
is now upon us and before us. The President has done many, very many,
censurable acts: but I could not, on my conscience, say that he should
be holden to answer upon a charge of "high crimes and misdemeanors"
until something could be made tangible whereby he had brought himself in
open conflict with the Constitution and laws of the Union.
It has seemed to me, sir, for weeks, that this high officer of our
government was inviting the very ordeal which, I am sorry to say, is now
upon us, and the dread consequences of which will speedily be upon
him. He has thrown himself violently in contact with an Act of Congress
passed on the 2d day of March last by the votes of the constitutional
two-thirds of the Senate and two-thirds of the House of Representatives
over his veto assigning his reasons for withholding his assent. Now, it
matters not how many acts can be found upon the statute books in years
gone by that would sanction the removal of a cabinet officer by the
President; the gentleman from New York numbers three. He may reckon
up thirty or three hundred and still if, within the last six or nine
months, Congress has, in a constitutional manner, made an enactment
that prohibits such removal, and the executive wantonly disregards such
enactment and attempts to remove the officer, he incurs the penalty as
clearly and as certainly as if there never had been any legislation
to the contrary. That subsequent enactment, if it be constitutional,
repeals, by its own force, all other prior enactments with which it
may conflict; and in nothing is that enactment more significant than
in this, that the President shall not remove any civil officer, who has
been appointed by and with the advice and consent of the Senate, without
the concurrence of that body, when it is itself in session.
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