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
This respondent, as President of the United States, was thereon of
opinion that, having regard to the necessary official relations and
duties of the Secretary for the Department of War to the President of
the United States according to the Constitution and laws of the United
States, and having regard to the responsibility of the President for
the conduct of the said Secretary, and having regard to the permanent
executive authority of the office which the respondent holds under
the Constitution and laws of the United States, it was impossible,
consistently with the public interests, to allow the said Stanton to
continue to hold the said office of Secretary for the Department of War;
and it then became the official duty of the respondent, as President of
the United States, to consider and decide what act or acts should and
might lawfully be done by him, as President of the United States, to
cause the said Stanton to surrender the said office.
This respondent was informed and verily believed that it was practically
settled by the first Congress of the United States, and had been so
considered and uniformly and in great numbers of instances acted on by
each Congress and President of the United States, in succession, from
President Washington to, and including President Lincoln, and from the
first Congress to the thirty-ninth Congress, that the Constitution of
the United States conferred on the President, as part of the executive
power and as one of the necessary means and instruments of performing
the executive duty expressly imposed on him by the Constitution of
taking care that the laws be faithfully executed, the power at any and
all times of removing from office all executive officers for cause to be
judged of by the President alone. This respondent had, in pursuance of
the Constitution, required the opinion of each principal officer of the
executive departments, upon this question of constitutional executive
power and duty, and had been advised by each of them, including the
said Stanton, Secretary for the Department of War, that under the
Constitution of the United States this power was lodged by the
Constitution in the President of the United States, and that
consequently, it could be lawfully exercised by him, and the Congress
could not deprive him thereof; and this respondent, in his capacity of
President of the United States, and because in that capacity he was both
enabled and bound to use his best judgment upon this question, did, in
good faith and with an earnest desire to arrive at the truth, come to
the conclusion and opinion, and did make the same known to the honorable
the Senate of the United States by a message dated on the 2nd day of
March, 1867, that the power last mentioned was conferred and the duty
of exercising it, in fit cases, was imposed on the President by the
Constitution of the United States, and that the President could not be
deprived of this, power or relieved of this duty, nor could the same be
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