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history of the impeachment of andrew johnson-及23嫗

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of this House to be insufficient to justify impeachment。 All questions growing out of the combinations and conspiracies lately charged upon the President were ruled by the Reconstruction Committee to be insufficient�察�and were not brought before this House。 And the sole question now before us is�察�is there anything in this last act of the President removing Mr。 Stanton and appointing Adjutant General Thomas Secretary of War ad interim to justify his impeachment by this House��

I maintain that the President of the United States is in duty bound to test the legality of every law which he thinks interferes with his rights and powers as the Chief Magistrate of this nation。 Whenever he has powers conferred upon him by the Constitution of the United States�察�and an act of Congress undertakes to deprive him of those powers�察�or any of them。 he would be false to his trust as the Chief Executive of this nation�察�false to the interests of the people whom he represents�察�if he did not by every means in his power seek to test the constitutionality of that law�察�and to take whatever steps were necessary and proper to have it tested by the highest tribunal in the land�察�and to ascertain whether he has a right under the Constitution to do what he claims the right to do�察�or whether Congress has the right to deprive him of the powers which he claims have been vested in him by the Constitution of the United States�察�and that is all that he proposes to do in this case。 * * *

Mr。 Logan�察。�Rep。 of Ills。�� Now�察�Mr。 Speaker�察�let us examine this question for a moment。 It seems to me very plain and easy of solution。 It is not necessary�察�in order to decide whether this action of the President of the United States comes within the purview and meaning of this statute�察�for us to talk about revolutions or what this man or that man has said or decided。 What has been the act of the President is the question。 The law is plain。 If the President shall appoint or shall give a letter of authority or issue a commission to any person�察�without the consent of the Senate�察�he is guilty ofwhat�拭�The law says of a high misdemeanor。 And�察�under and by virtue of the Constitution�察�the President can be impeachedfor what�拭�For high crimes or misdemeanors。 This law declares the issuing a commission to�察�or giving a letter of authority to�察�or appointing to or removing from office�察�any person。 without the advice and consent of the Senate of the United States�察�shall be a high misdemeanor�察�which is within the meaning and within the pale of the Constitution of the United States。

Now�察�what is the evidence presented to this body by one of its committees�拭�It is of this character�此�The Secretary of War�察�Edwin M。 Stanton�察�has been declared by a solemn vote of the Senate to be the Secretary of War�察�by virtue ofwhat�拭�By virtue of an appointment to that office�察�by reason of the fact that Andrew Johnson did not relieve him from office when he had the right to present the name of somebody elsesoon after his taking the presidential chairnot the right to turn him out�察�but the right to nominate some one else to the senate and ask them to confirm him to that office。 That the President failed to do。 Then�察�acting under the provisions of this statute�察�the President suspended Mr。 Stanton as Secretary of War�察�but the Senate passed upon that act�察�and decided that the reasons given by the President for suspending Mr。 Stanton were not satisfactory�察�and accordingly�察�by virtue of this law�察�Mr。 Stanton was confirmed and reinstated in his position as Secretary of War。

Now�察�all this having been done�察�it cannot certainly be claimed that the President�察�in his recent course in regard to Mr。 Stanton�察�has acted without any intention of violating the law。 Nor can it be claimed that the President is ignorant of the law。 * * *

Mr。 Holman ��Dem。�察�Ind。�� We have listened to much excited eloquence upon this question。 It is too manifest that Congress�察�moving on with that impetus which is ever the result of excessive political power。 seeks to usurp those powers which are by the Constitution vested in the other Departments of the Government。 I do not propose to discuss this subject or answer the speech of the gentleman from Illinois ��Mr。 Logan�А�with any words of my own。 I have before me a paper which is full of mature wisdom and patriotic counsel�察�a speech that comes from the solemn past�察�yet speaks to every heart that beats for the Union of these States�察�and the prosperity of the American people�察�a voice that is answered back from every battlefield of the Revolution�察�and from the grave of every soldier who has fallen in defense of American liberty。 I ask that this speech may be read to the House�察�as appropriate to this day�察�the 22nd of February�察�a day once so venerated。 I ask that this immortal address to the American people�察�a speech that needs no revision�此�a speech in which there can be no interruptions made in this moment of passion�察�be read to the American Congress�察�for I can well afford to be silent while that great voice speaks to the Representatives of the people of this Republic。

The Clerk commenced the reading of Washington's Farewell Address。

Mr。 Peters�此�I rise to a question of order。 I insist that that address is not germane to the question before the House。

Mr。 Holman�此�I insist that it is exceedingly germane。

Mr。 Lawrence�察�of Ohio�此�Allow me to suggest that it is germane�察�for the reason that it relates to retirement from office。 ��Laughter。��

Mr。 Peters�此�That is too remote。

The Speaker pro tempore�察。�Mr。 Blaine�察�in the chair。�� The Chair sustains the point of order。

Mr。 Holman�此�I hope no gentleman will object to the completion of the reading�此�it will only occupy the time I am entitled to。

Mr。 Peters�此�It is doubtless very instructive�察�and so would a chapter of the Bible be。 but it has nothing to do with the question before the House�察�and I insist upon the point of order。

The Speaker pro tempore。 Up to this point the discussion has been pertinent and germane to the questionvery closely soand the Chair is compelled to rule�察�the question of order being raised�察�that this is not germane or in order。 The gentleman from Indiana will proceed in order。

Mr。 Holman�此�I suppose�察�Mr。 Speaker�察�the Constitution of the United States would scarcely be in order。 I will not ask to have it read。

The debate continued in the vein illustrated in the foregoing extracts�察�from the morning of February 22�察�notwithstanding it was a National Holiday�察�such was the haste of the impeachers�察�to the evening of the 24th�察�almost without interruption。 It was at times illustrated by marked ability�察�and on the Republican side by intense bitterness and partisan malignity。 A large number of the members of the House participated in the debate。

Mr。 Thaddeus Stevens then closed the debate in the following arraignment of the President��

Now in defiance of this law。 ��the Office´Tenure Act�� Andrew Johnson�察�on the 21st day of February�察�1868�察�issued his commission or letter of authority to one Lorenzo Thomas�察�appointing him Secretary of War ad interim�察�and commanded him to take possession of the Department of War and to eject the incumbent。 E M。 Stanton�察�then in lawful possession of said office。 Here�察�if this act stood alone�察�would be an undeniable official misdemeanor not only a misdemeanor per se�察�but declared to be so by the act itself�察�and the party made indictable and punishable in a criminal proceeding。 If Andrew Johnson escapes with bare removal from office�察�if he be not FINED AND INCARCERATED IN THE PENITENTIARY AFTERWARD UNDER CRIMINAL PROCEEDINGS�察�he may thank the weakness or the clemency of Congress and not his own innocence。

We shall propose to prove on the trial that Andrew Johnson was guilty of misprision of bribery by offering to General Grant�察�if he would unite with him in his lawless violence�察�to assume in his stead the penalties and to endure the imprisonment denounced by the law Bribery is one of the offenses specifically enumerated for which the President may be impeached and removed from office。 By the Constitution�察�article two�察�section two�察�the President has power to nominate and�察�by and with the advice and consent of the Senate�察�to appoint all officers of the United States whose appointments are not therein otherwise provided for and which shall be established by law�察�and to fill up all vacancies that may happen during the recess of the Senate�察�by granting commissions which shall expire at the end of their nest session。 Nowhere�察�either in the Constitution or by statute�察�has the President power to create a vacancy during the session of the Senate and fill it without the advice and consent of the Senate�察�and yet�察�on the 21st day of February�察�1868�察�while the Senate was in session�察�he notified the head of the War Department that he was removed from office and his successor ad interim appointed。 Here is a plain�察�recorded violation of the Constitution and laws�察�which�察�if it stood alone�察�would make every honest and intelligent man give his vote for impeachment。 The President had persevered in his lawless course through along series of unjustifiable acts。 When the so called Confederate States of America were conquered and had laid down their arms and surrendered their territory to the victorious Union the government and final
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