History of the Impeachment of Andrew Johnson [50]
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, without the consent of the Senate, he is guilty of--what? The law says of a high misdemeanor. And, under and by virtue of the Constitution, the President can be impeached--for what? For high crimes or misdemeanors. This law declares the issuing a commission to, or giving a letter of authority to, or appointing to or removing from office, any person. without the advice and consent of the Senate of the United States, shall be a high misdemeanor, which is within the meaning and within the pale of the Constitution of the United States.
Now, what is the evidence presented to this body by one of its committees? It is of this character: The Secretary of War, Edwin M. Stanton, has been declared by a solemn vote of the Senate to be the Secretary of War, by virtue of--what? By virtue of an appointment to that office; 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 else--soon after his taking the presidential chair--not the right to turn him out, 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, acting under the provisions of this statute, the President suspended Mr. Stanton as Secretary of War, but the Senate passed upon that act, and decided that the reasons given by the President for suspending Mr. Stanton were not satisfactory; and accordingly, by virtue of this law, Mr. Stanton was confirmed and reinstated in his position as Secretary of War.
Now, all this having been done, it cannot certainly be claimed that the President, in his recent course in regard to Mr. Stanton, 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., Ind.) We have listened to much excited eloquence upon this question. It is too manifest that Congress, 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] with any words of my own. I have before me a paper which is full of mature wisdom and patriotic counsel, a speech that comes from the solemn past, yet speaks to every heart that beats for the Union of these States, and the prosperity of the American people; a voice that is answered back from every battlefield of the Revolution, 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, as appropriate to this day, the 22nd of February, a day once so venerated. I ask that this immortal address to the American people, a speech that needs no revision: a speech in which there can be no interruptions made in this moment of passion, be read to the American Congress, 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: I rise to a question of order. I insist that that address is not germane to the question before the House.
Mr. Holman: I insist that it is exceedingly germane.
Mr. Lawrence, of Ohio: Allow me to suggest that it is germane, for the reason that it relates to retirement from office. [Laughter.]
Mr. Peters: That is too remote.
The Speaker pro tempore, (Mr. Blaine, in the chair.) The Chair sustains the point of order.
Mr. Holman: I hope no gentleman will object to the completion of the reading: it will only occupy the time I am entitled to.
Mr. Peters: It is doubtless very instructive, and so would a chapter of the Bible be. but it has nothing to do with the question before the House, and I insist upon
Now, what is the evidence presented to this body by one of its committees? It is of this character: The Secretary of War, Edwin M. Stanton, has been declared by a solemn vote of the Senate to be the Secretary of War, by virtue of--what? By virtue of an appointment to that office; 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 else--soon after his taking the presidential chair--not the right to turn him out, 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, acting under the provisions of this statute, the President suspended Mr. Stanton as Secretary of War, but the Senate passed upon that act, and decided that the reasons given by the President for suspending Mr. Stanton were not satisfactory; and accordingly, by virtue of this law, Mr. Stanton was confirmed and reinstated in his position as Secretary of War.
Now, all this having been done, it cannot certainly be claimed that the President, in his recent course in regard to Mr. Stanton, 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., Ind.) We have listened to much excited eloquence upon this question. It is too manifest that Congress, 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] with any words of my own. I have before me a paper which is full of mature wisdom and patriotic counsel, a speech that comes from the solemn past, yet speaks to every heart that beats for the Union of these States, and the prosperity of the American people; a voice that is answered back from every battlefield of the Revolution, 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, as appropriate to this day, the 22nd of February, a day once so venerated. I ask that this immortal address to the American people, a speech that needs no revision: a speech in which there can be no interruptions made in this moment of passion, be read to the American Congress, 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: I rise to a question of order. I insist that that address is not germane to the question before the House.
Mr. Holman: I insist that it is exceedingly germane.
Mr. Lawrence, of Ohio: Allow me to suggest that it is germane, for the reason that it relates to retirement from office. [Laughter.]
Mr. Peters: That is too remote.
The Speaker pro tempore, (Mr. Blaine, in the chair.) The Chair sustains the point of order.
Mr. Holman: I hope no gentleman will object to the completion of the reading: it will only occupy the time I am entitled to.
Mr. Peters: It is doubtless very instructive, and so would a chapter of the Bible be. but it has nothing to do with the question before the House, and I insist upon