The Struggle between President Johnson and Congress over ReconstructionChadsey, Charles E. (Charles Ernest)
History
The Struggle between President Johnson and Congress over Reconstruction
Chadsey, Charles E. (Charles Ernest)
Johnson, Andrew, 1808-1875; United States -- Politics and government -- 1865-1869
These expressions seeming to be too indefinite, the specific charges
submitted by Mr. Ashley met with more favor, and were accordingly adopted.
These charges centered about an alleged "usurpation of power and violation
of law" which was to be found in corrupt uses of the appointing,
pardoning, and veto powers, improper disposition of public offices and
corrupt interference in elections. These were clinched again by the
general charge that the President had "committed acts which, in
contemplation of the Constitution, are high crimes and misdemeanors,"--a
charge obviously introduced to include any points which might in the
future be made against him.
4. As the event proved, the attempt to bring matters to a successful issue
in the 39th Congress was a failure. The Committee on the Judiciary went to
work vigorously, calling many witnesses and collecting as much material as
possible; but on the 28th of February it reported, with only one
dissenting, voice, that in spite of all its efforts not enough testimony
had been gathered to warrant any report beyond a recommendation that the
investigation be continued. The ninth member of the committee, Mr. Rogers
of New Jersey, reported emphatically that a careful examination of the
subject had convinced him that "there is not a particle of evidence to
sustain any of the charges," and that "the case is wholly without a
particle of evidence upon which an impeachment could be founded." He
further declared that but little of the testimony taken would be admitted
in the courts, and that the whole matter should be dropped, as it would
certainly end "in a complete vindication of the President." Logically, the
standpoint of Mr. Rogers was a correct one. From a strictly legal view of
the case, there was very serious doubt as to the advisability of
attempting impeachment; but the opponents of the President counted upon
their large majority to force the matter, and the line of action
recommended by the majority of the committee was adopted.
As has been seen, the 40th Congress assembled immediately upon the
adjournment of the 39th; and on March 7, 1867, the new Judiciary Committee
was authorized to proceed with the investigation, and to continue it
during any recess the House might take. By another resolution agreed to
March 29, the committee was requested to report immediately upon the
reassembling of Congress, which was to be in the following July, if
political conditions seemed to require it.[180]
The committee accordingly continued its investigations, but, though the
radicals felt sure that it was composed of men who would favor
impeachment, it at first reported by a majority of five to four against
impeachment. A recommitment resulted in the conversion of one member of
the committee[181] to impeachment views; and on November 25 Mr. Boutwell,
of Massachusetts, reported from the committee a resolution impeaching the
President for high crimes and misdemeanors.
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