history of the impeachment of andrew johnson-及39何蛍
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nnected with the business I had in hand�察�and I withdrew to the farther end of the room�察�and while there�察�the messenger came in with the book of orders and handed it to me。 As soon as the gentleman had withdrawn�察�I returned to the President with the book in my hand�察�and said I would take it as a favor if he would permit me to call his attention to that order�察�that it had been passed in an appropriation bill�察�and I thought it not unlikely that it had escaped his attention。 He took the order and read it�察�and observed�察 �This is not in conformity with the Constitution of the United States�察�that makes me Commander´in´Chief�察�or with the terns of your commission。; I replied�察 �That is the order which you approved and issued to the army for our government�察─�or something to that effect。 I can not recollect the exact words�察�nor do I intend to quote the exact words of the President。 He said�察 �Am I to understand that the President of the United States can not give an order except through the General of the Army�拭�Or General Grant�拭─�I said in reply�察�that that was my impressionthat that was the opinion that the Army entertain�察�and I thought upon that subject they were a unit。 I also said�察 �I think it is fair�察�Mr。 President�察�to say to you that when this order came out�察�there was considerable discussion on the subject as to what were the obligations of an officer under that order�察�and some eminent lawyers were consulted。 I myself consulted oneand the opinion was given to me decidedly and unequivocally
that we were bound by the order�察�Constitutional or not Constitutional。 The President observed that ;the object of the law was evident。;
The following is that portion of the act referred to��
;Section 2。 Be it further enacted�此�That the headquarters of the General of the Army of the United States shall be at the City of Washington�察�and all orders and instructions relating to military operations issued by the President and Secretary of War shall be issued through the General of the Army�察�and in case of his inability�察�through the next in rank。 The General of the�察�Army shall not be removed�察�suspended�察�or relieved from command or assigned to duty elsewhere than at said headquarters except at his own request WITHOUT THE PREVIOUS APPROVAL OF THE SENATE�察�and any orders or instructions relating to Military operations issued contrary to the requirements of this section�察�shall be null and void。 And any officer who shall issue orders or instructions�察�contrary to the provisions of this section�察�shall be deemed guilty of a misdemeanor in office�察�and any officer of the Army who shall transmit�察�convey or obey any orders or instructions so issued contrary to the provisions of this section�察�knowing that such orders were so issued shall be liable to imprisonment for not less than two nor more than twenty years upon conviction thereof in any Court of competent jurisdiction。;
By turning to the Congressional Record of that day�察�it will be found that Mr。 Johnson was perfectly aware of the existence of the foregoing provision of the Act of Congress in the bill referred to�察�at the time he returned the bill to the House with his signature。 His reasons for so signing it are set out in the following communication to the House accompanying the bill
The act entitled ;An act making appropriations for the support of the Army for the year ending June 30�察�1868�察�and for other purposes�察─�contains provisions to which I must call attention。 There are propositions contained in the second section which in certain cases deprives the President of his Constitutional functions of Commander in Chief of the Army�察�and in the sixth section�察�which denies to ten States of the Union their Constitutional right to protect themselves in any emergency�察�by means of their own militia。 These provisions are out of place in an appropriation act�察�but I am compelled to defeat these necessary appropriations if I withhold my signature from the act。 Pressed by these considerations�察�I feel constrained to return the bill with my signature�察�but to accompany it with my earnest protest against the section which I have indicated。
Andrew Johnson。 Washington�察�D。 C。�察�March 2�察�1868。
That Congress was to expire by limitation at 12 o'clock on the 4th�察�thirty´six hours later。 If Mr。 Johnson had vetoed the bill�察�as under ordinary conditions it would have been his duty to the Constitution and to himself to do�察�its re´passage through the two Houses in that limited time would have been impossible�察�and the appropriations carried by the bill for the support of the Army would have been lost。 To save them Mr。 Johnson submitted to the indignity put upon him by Congress in denying him a guaranteed and manifest Constitutional right and power。 In that act Mr。 Johnson illustrated a magnanimity and a consciousness of public responsibility that was most creditible to himself�察�and in marked contrast to the action of Congress toward him。
CHAPTER X。 A CONFERENCE HELD AND THE FIRST VOTE TAKEN。
A few days prior to the day set for taking the vote on the several Articles of Impeachment�察�and after the conclusion of testimony�察�it was proposed that there be a private session for conference of the Senate on a day named�察�May 11th�察�to give Senators an opportunity to declare themselves on the pending impeachment。
Neither the precise object or the utility of a conference were then apparent�察�but the result was somewhat of a surprise to those who had�察�up to that time�察�been undoubtingly confident of the President's conviction。 Comparatively few Senators had previously declared their position。 Very few�察�if any of the Republican Senators had indicated a disposition to vote against any of the articles�察�but the silence of a number of them�察�and their refusal to commit themselves even to their associates�察�was a source of uneasiness in Senatorial Impeachment circles。 Hence�察�possibly�察�the suggestion of a ;conference。;
It was taken for granted that every Democratic Senator would vote against the impeachment。 But the idea was not to be entertained that the ;no; votes would extend beyond the Democratic coterie of twelve。 There were�察�however�察�anxious misgivings as to that。 There was too much silencetoo much of saying nothing when so little that might be said would go so far to relieve an oppressive anxiety。
So a session for ;conference; was ordered and held�察�much to the surprise of gentlemen whose silence had become somewhat oppressive�察�and was becoming equally painful to those who wanted a conference。; It savored of an attempt to ;poll the Senate; in advance of judgment。 It was resolved at the session of May 7th�察�to hold a session for deliberation on the following Monday�察�May 11th。 The most surprising development of that session was the weakness of the bill of indictment at the very point where it was apparently strongestthe first Article。 Two conspicuous and influential SenatorsMessrs。 Sherman of Ohio�察�and Howe of Wisconsindeclared�察�and gave convincing reasons therefor�察�that they would not vote for the impeachment of Mr。 Johnson on that Article。
In his remarks on this occasion�察�after giving a history of the enactment of the Tenure´of´Office law�察�the first section of which specifically excepts from its operation such members of Mr。 Johnson's Cabinet as had been appointed by Mr。 Lincoln and still remaining�察�though not recommissioned by Mr。 Johnson�察�Mr。 Sherman said��
I can only say as one of the Senate conferees�察�under the solemn obligations that now rest upon us in construing this Act�察�that I did not understand it to include members of the Cabinet not appointed by the President�察�and that it was with extreme reluctance and only to secure the passage of the bill that�察�in the face of the votes of the Senate I agreed to the report LIMITING AT ALL the power of the President to remove heads of Departments。 * * * I stated explicitly that the Act as reported did not protect from removal the members of the Cabinet appointed by Mr。 Lincoln�察�that President Johnson might remove them at his pleasure�察�and I named the Secretary of war as one that might be removed。 * * * I could not conceive a case where the Senate would require the President to perform his great executive office upon the advice and through heads of Departments personally obnoxious to him�察�and whom he had not appointed�察�and�察�therefore�察�no such case was provided for。 * * * Can I pronounce the President guilty of crime�察�and by that vote aid to remove him from his high office for doing what I declared and still believe he had a legal right to do。 God forbid�此�* * * What the President did do in the removal of Mr。 Stanton he did under a power which you repeatedly refused to take from the office of the Presidenta power that has been held by that officer since the formation of the Government。 and is now limited only by the words of an Act�察�the literal construction of which does not include Mr。 Stanton。 * * * It follows�察�that as Mr。 Stanton is not protected by the Tenure´of´Civil´Office Act�察�his removal rests upon the Act of 1789�察�and he according to the terms of that Act and of the commission held by him�察�and in compliance with the numerous precedents cited in this cause�察�was lawfully removed by the President�察�and his removal not being contrary to the provisions of the Act of March 2nd 1867�察�the 1st�察�4th�察�5th�察�and 6th Articles�察�based upon his removal�察�must fail。
On this point�察�Mr。 Howe said��
If Mr。 Stanton had been appointed during the present Presidential term。 I should have no doubt he was within the security of the law。 But I cannot find that�察�either in fact or in legal intendment�察�he was appointed during the present Presidential term。 It is urged that he was appointed by Mr。 Lincoln�察�and such is the fact。 It is said that Mr。 Lincoln's term is not yet expired。 Such I believe to be the fact。 But the language of the proviso is�察�that a Secretary shall hold not during the term of MAN by whom he is appointed�察�but during the TERM of the PRESIDENT by whom he may be appointed。 Mr。 Stanton was appointed by the President in 1862。 The term of that President was limited by the Constitution。 It expired on the 4th of March�察�1865。 That the same incumbent was re´elected for the next term is conceded�察�but I do not comprehend how that fact extended the former term。
Entertaining these views�察�and becau