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
9. On March 2, the first nine articles of impeachment were adopted; two
additional articles were added on the 3d; and on the 4th they were
presented to the Senate. On March 30, the trial began. The articles
charged the President with high crimes and misdemeanors in respect of the
order for the removal of Stanton, the appointment of Thomas as Secretary
of War _ad interim_, the attempt to hinder Stanton in the exercise of his
lawful duties, the wilful violation of the Tenure-of-Office Act, the
attempt to seize the properties of the War Department, the attempt
unlawfully to disburse moneys through the appointment of Thomas, an
attempt to make General Emory violate the Tenure-of-Office Act, the
attempt to injure the good reputation of the legislative department by
speeches delivered at various specified places, and his determined
opposition to the reconstruction policy as outlined in the various acts of
Congress.[196]
These articles were very sweeping, and were designed as a sort of drag-net
to include all of the complaints which could possibly be brought against
the President. Yet the House of Representatives, previous to the attempted
removal of Secretary Stanton, after the most searching examination into
the President's record, had failed to find sufficient ground on which to
base an impeachment. Therefore the only charges that deserved really
serious attention were those growing out of the violation of the
Tenure-of-Office Act. In the President's reply to the charges he explains
his attitude on this matter. In his opinion the Tenure-of-Office Act was
unconstitutional. The very fact that he as Executive was legally held
responsible for the acts of the Secretary of War made it necessary for him
to exercise the power of removal or of indefinite suspension. He had at
first complied with the letter of the act in order to avoid a further
struggle with Congress; but, having been frustrated by Congress in his
design, the only alternative that remained to him, in view of his strained
relations with the Secretary of War, was the latter's unconditional
removal.
10. The President's case, as to the constitutionality of his action and
the unconstitutionality of the Tenure-of-Office Act, was strong, and was
presented with great ability by the President's counsel. But, from the
very beginning, it was obvious that the case would be determined mainly on
political lines.
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