Under the rules adopted for the trial each Senator was allowed to file a
written opinion. That of Trumbull was the first one in the list. Among
other things he said:
To do impartial justice in all things appertaining to the
present trial, according to the Constitution and laws, is the
duty imposed on each Senator by the position he holds and the
oath he has taken, and he who falters in the discharge of that
duty, either from personal or party considerations, is unworthy
his position, and merits the scorn and contempt of all just
men.
The question to be decided is not whether Andrew Johnson is a
proper person to fill the presidential office, nor whether it
is fit that he should remain in it, nor, indeed, whether he has
violated the Constitution and laws in other respects than those
alleged against him. As well might any other fifty-four persons
take upon themselves by violence to rid the country of Andrew
Johnson, because they believed him a bad man, as to call upon
the fifty-four Senators, in violation of their sworn duty, to
convict and depose him for any other causes than those alleged
in the articles of impeachment. As well might any citizen take
the law into his own hands and become its executioner as to ask
the Senate to convict, outside of the case made. To sanction
such a principle would be destructive of all law and all
liberty worth the name, since liberty unregulated by law is but
another name for anarchy.
He then took up the articles of impeachment _seriatim_ and showed that
they all hinged upon the removal of Stanton and the _ad interim_
appointment of Thomas.
But even if a different construction could be put upon the law
[he continued], I could never consent to convict the Chief
Magistrate of a high misdemeanor and remove him from office for
a misconstruction of what must be admitted to be a doubtful
statute, and particularly when the misconstruction was the same
put upon it by the authors of the law at the time of its
passage.
As to the charge that he (Trumbull) had already voted that the President
had no authority to remove Stanton, he said:
Public-domain text, read in full here on John Shaqi.
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