CHAPTER 23.

IMPEACHMENT OF PRESIDENT JOHNSON.

The first effort to impeach the President, began in the House of Representatives, by Mr. James M. Ashley, of Ohio, who moved, December 17, 1866, for the appointment of a Committee to inquire whether, "any acts have been done by any officers of the Government of the United States, which in contemplation of the Constitution, are high crimes or misdemeanors, and whether said acts were designed or calculated to overthrow, subvert, or corrupt the Government of the United States, or any department thereof. " The resolution received yeas 90, and nays 49. It failed to receive two-thirds vote and was lost.

Benjamin F. Loan offered a resolution on Impeachment, January 7th, 1867. On the same day Mr. Kelso offered a similar resolution, and Mr. Ashley revived his resolution of 1866, which was referred to a Committee on Judiciary.

February 28, 1867, the Committee reported, notifying the succeeding Congress of the incompleteness of its labors.

Mr. Clark, on March 29, moved that the Committee should report the first day of the meeting of the House after the recess.

Meanwhile the Committee began to take evidence on February 6th, 1867, and continued to do so for several months.

November 25th, 1867, Mr. Boutwell from the Committee submitted a report of 1163 printed pages of evidence, and closing with a resolution "that Andrew Johnson be impeached for high crimes and misdemeanors. The Committee stood as follows: Against Impeachment-Messrs Wilson, Republican, of Iowa; Chairman: Woodbridge, Republican, of Vermont; Churchill, Republican, of New York; Marshall, Democrat of Illinois; and Eldridge of Wisconsin-5.

For Impeachment-Messrs, Boutwell, Republican, of Massachusetts, Williams, Republican, of Pennsylvania; Thomas, Republican of Maryland; and Lawrence, Republican, of Ohio-4.

On the 6th, December the Impeachment resolution was lost-The vote stood yeas, 57 (all Republican,) nays, 108, not voting 22 of those voting against the resolution 69, were Republicans. This result was attributed to the Republican losses in the election.

January 27th, 1868, the Impeachment was renewed by Mr. Spalding. February 13, 1868, Thaddeus Stevens offered a resolution, before the Committee on reconstruction, to impeach President Johnson, which resolution was tabled by a vote of 6 to 3. This completed the second attempt to impeach the president.

On the 12th, of August, 1867, the President removed Stanton the Secretary of war, and appointed General Granc as Secretary of war ad interim. After the meeting of Congress, the President sent a message to the Senate giving his reasons for suspending Stanton. On January 13, 1868, the Senate refused to concur in the suspension, by a vote of 35 to 6. This action of the Senate was officially communicated to General Grant, who thereupon January 14th, informed the President that his functions as Secretary of war ad interim ceased from the moment of the

receipt of the notice from the Senate. Grant then turned over the office to Stanton. On the 22nd, of February 1868, Thaddeus Stevens, from the Committee on reconstruction, reported to the House a resolution which passed by a vote of 128 to 47, for impeaching the President, of high crimes and misdemeanors.

Feb. 21, 1868, the President issued an order for the removal of Stanton from the war department, and for the appointment of Gen. Thomas, as Secretary of war ad interim.

Thomas went with this order to Stanton and demanded possession of the office, books, and papers. In the meantime Mr. Sumner wrote a note to Stanton "to stick" on to the office.

Feb. 24, 1868, the House of Representatives resolved to impeach the President of The United States.

March, 3d, 1868, Articles of Impeachment were agreed upon by the House of Representatives, and on the 5th, they were presented to the Senate and read by the chairman of the managers, Mr. Bingham.

The following is a synopsis of the articles of impeachment:

§1st, Andrew Johnson, President of the United States, had violated the Tenure-of-office bill, of March, 2, 1867. The President was charged with the removal of Stanton and with the appointment of Gen. Thomas as Secretary of war ad interim, without the consent of the Senate.

2nd, He was also charged with a conspiracy for having violated the Conspiracy Act of July 31st, 1861, being an act to define and punish conspiracy. He was charged with the violation of the act of June 30th, 1868, for issuing all military orders through the Generals of the army.

3d, He was charged with making certain speeches, in the cities of Washington, Cleveland, and St. Louis. Another charge was, that he had attempted to bring the Congress of the United States into contempt. That he had denied that the Thirty-Ninth Congress had the power to make amendments to the Constitution.

Another charge was, that the President had said that the ThirtyNinth Congress was not the Congress of the United States.

John A. Bingham of Ohio; George S. Boutwell, of Mass; James F. Wilson, of Iowa; John A. Logan, of Illinois; Thomas Williams, of Pennsylvania; Benjamin F. Butler, of Mass. ; and Thaddeus Stevens, of Pennsylvania; were elected managers to conduct the Impeachment.

March 13th, 1868, proclamation was made by the Sergeant-at-arms for the appearance of Andrew Johnson. Stanberry and Curtis entered an appearance for the President, and asked for forty days to put in an

answer.

This motion was opposed by the managers who wanted to rush the trial through with rail road speed-with the same haste as an ordinary criminal case before a police Justice. Butler opposed the motion, and in a brutal, ungentlemanly and beastly manner, called the President a criminal. He said that there was great need to nasten the trial because the President was the Chief executive; that he could use the treasury, the army and the navy to overthrow the government, thus prejudicing public opinion against the President. Groesbeck, Nelson, and Evarts, subsequently appeared as Counsel for the President.

March 23, 1868, the President's answer was put in. The President claimed to have the power to remove Stanton under the act of Congress 1789,-That Stanton was appointed Secretary of war on the 15, Jan, 1862, by Abraham Lincoln, during his first term of office, to hold such office during the pleasure of the President. That the Respondent became Pres

ident on the 15, April 1865, and that Stanton held his office during the pleasure of the Respondent. That on Aug, 5, 1867, he removed Mr. Stanton by the power invested in him by the Constitution and the Laws. Sc that he was responsible for the conduct of the Secretary of war. That he had notified the Senate thereof, on the 12, day of December, 1867. That he had authority to make said removal by the Act of Congress, Feb, 13, 1795. During the trial Butler displayed his usuai arrogance and insolence towards the Chief Justice, the President's Counsel, and the witnesses.

He claimed that the Senate was not a Court; that it was not to be governed by law. The managers went back to old English black-letter learning-to old musty English law books, and the English parliament for their precedents.

They held that the high Court of Impeachment was bound by no law, neither statute nor common, but that the President should be tried, by common fame. They held, that popular opinion demanded the conviction of the President.

The managers further held the absurd idea, that Mr. Johnson was only serving out the remainder of Mr. Lincoln's term, and therefore that he could not remove Stanton; that Lincoln's term continued after his death. Butler in his speech, went over several American and English authorities which had no bearing on the case. He failed to make out even a plausible case against the President.

He called him Judas Iscariot.

of

He assailed him in the vilest manner. He said, 66 By murder most foul he succeeded to the Presidency, and is the elect of an assassin to that high office." He said that the President was one of the conspirators. This was worthy of New Orleans "spoons."-The President was charged with want of decorum speech. Butler also charged the President with advising and counseling the Legislature of the states lately in rebellion, to reject the 14th, amendment. This, indeed, was the sum of his sinning; he had differed ' with the party that elected him.

They charged the President with being a very bad and dangerous man -that he was a very dangerous person to remain the Chief magistrate of the nation-that he had obstructed the laws; that the managers considered him a great criminal; that he had trampled the laws under foot-that the reason for not granting him time for preparing his defense was that he was worse than an ordinary criminal. He was charged with advising the Legislature of Alabama to remain firm in its opposition to Congress on Reconstruction, and the 14th amendment, Freedman's bureau; and that he had advised the Legislature of South Carolina on the same subject.

The Counsel for the President held that the Tenure-of-office bill gave the President power to choose his own cabinet. That Stanton was not removed, that he was still in possession of the department of war. That it was at most an attempt to remove him as he did not obey the order of the President. That the President had the same right to construe the law, as Jackson had when he vetoed the bill, for chartering a United States Bank. Jackson said;

The Congress, Executive, and the Court must each for itself be guided by its own opinion of the constitution. Each public officer, who takes an oath to support the constitution, swears that he will support it as he understands it and not as it is understood by others. That he had the same right to remove Stanton that Lincoln had to remove Floyd, the

Secretary of war, and to appoint Holt. That he had power to remove Stanton by the acts of congress 1787, 1795, 1792. That every President and Congress had participated in and acted under the construction given to the act of 1787, from Washington to Lincoln.

They held the tenure-of-office bill unconstitutional and that Stanton did not come within the law-That Stanton had no commission from Johnson nor from Lincoln after Lincoln's first term expired. That he was merely holding over at the pleasure of both Lincoln and Johnson. That consequently it made no difference whether the Senate was in session or not.

That the office was vacant and that the President had a right to appoint a Secretary of war ad interim, until a new appointment was made and confirmed by the Senate.

That the tenure-of-office bill was unconstitutional and did not embrace the case of Stanton. That the President acted from laudable and honest motives and was not guilty of any crime or misdemeanor.

That from the remarks made at the time of the passage of the tenureof-office bill, it was manifest that it was not intended to embrace the Secretaries.

Honorable Lyman Trumbull, a leading Republican, in giving his opinion before the final vote was taken, said;

The question of the power to remove from office arose, at the first Congress, in 1787. That it was then recognized that the President had the right to remove all officers whose term was not fixed by the Constitution. That every President acted under this recognization down to 1867.

That this power was exercised when the Senate was in session, as well as during recess. He gave a long list of removals by Lincoln and other Presidents while the Senate was in session; he said that Stanton was only holding at the pleasure of the President. That Jackson, Van Buren, Tyler, Harrison, Polk, and Fillmore had made ad interim appointments during the session of the Senate. That his speeches were no ground for impeachment.

"He said painful as it is to disagree with so many political associates and friends, whose conscientious convictions have led them to a different result, I must, nevertheless, in discharge of the high responsibility under which I act, be governed by what my reason and judgment tell me is the truth, and the justice and the law of this case.' To convict and depose the Chief Magistrate of a great nation when his guilt was not made palpable by the record, and for insufficient cause, would be fraught with far greater danger to the future of the country than can arise from leaving Mr. Johnson in office for the remaining months of his term, with powers curtailed and limited as they have been by recent Legislation.

Once set the example of impeaching a President, for what when the excitement of the hour shall have subsided will be regarded as insufficient causes as several of those now alleged against the President were decided to be by the house of Representatives only a few months since, and no future President will be safe who happens to differ with a majority of the house, and two thirds of the Senate on any measure deemed by them important, particularly if of a political character blinded by partisan zeal. With such an example before them they will not scruple to remove out of the way any obstacle to the accomplishment of their purposes, and what then becomes of the checks and balances of the con

stitution, so carefully devised and so vital to its perpetuity? They are all gone. In view of the consequences likely to flow from this day's proceedings, should they result in conviction on what my judgment tells me are insufficient charges and proofs, I tremble for the future of my Country. I cannot be an instrument to produce such a result, and at the hazard of the ties even of friendship and affection till calmer times shall do justice to my motives, no alternative is left me but the inflexible discharge of duty."

He was followed by Senators Grimes, Johnson, Fessenden and others, in very able and eloquent speeches in favor of acquitting the President.

Mr. Sumner made a disgraceful speech. He held that the President should be expelled the same as a member of Congress. That he should not have the benefit of doubt; that they should "catch at anything to convict the President and save the Republic; that he should be found guilty of getting drunk as well as for all political offences, especially for giving his support to slavery, for appointing rebels to office, for vetoing several acts of Congress. That he was guilty of inciting the New Orleans massacre; that he had given offices to rebels and had received them at the white house; that he had removed Sheridan, Pope, and Sickles who were military commanders in the five Kingdoms. He appealed to the usual party prejudices with all the passion and party rancor of a stump speaker.

The following is an extract from his speech; "Here in the Senate we know officially how he has made himself the attorney of slavery, the usurper of Legislative powers, the violator of law, the patron of rebels, the helping hand of rebellion, the kicker from office of good citizens, the open bung-hole of the Treasury, the architect of the whiskey ring, the stumbling-block to all good laws by wanton vetoes,and then by criminal hindrances all these things are known here beyond question.

Johnson's cabinet recognized Gen. Thomas as Secretary of war ad interim which goes to show that they believed that the President had the right to remove Stanton.

When it was known that Senator Grimes, of Iowa, would vote for an acquittal, the Radicals, in the lobby, made a great noise, and used very insulting language toward the Senator. They made threatening demonstrations, and sang "Old Grimes is dead the poor old soul."

At the conclusion of Manager Bingham's speech he was loudly applauded in the galleries. The Chief Justice called for order, in vain. The galleries were ordered to be cleared, but the ruffians who made the disturbance refused to comply. The scene was the most disgraceful ever witnessed in Congress. It was necessary for the Sergeant-at-arms to use force to expel the disorderly Radical mob!

Chief Justice Chase acted, throughout the whole trial with firmness and dignity. He ruled according to law and justice, notwithstanding the threats of vengeance and impeachment made by the Radicals in and out of Congress. He was denounced as a traitor.

May 16, the Court voted on the eleventh article. The vote was 35 guilty; and 19 not guilty.

The two third vote was wanting, and the Court adjourned to May 26. This verdict caused great rejoicing throughout the country. Meanwhile corrupt influences were attempted in vain to bear on the seven Republicans or as they were called "recreant" Senators, who were denounced