History of the Impeachment of Andrew Johnson [70]
as charged; that is to say, to set aside the civil tenure-of-office act, and to remove Mr. Stanton from the office of the Secretary for the Department of War without the advice and consent of the Senate, and, if not justified, contrary to the provisions of the Constitution itself.
The only question remaining is, does the respondent justify himself by the Constitution and laws?
On this he avers, that by the Constitution, there is "conferred on the President as a part of the executive power, the power at any and all times of removing from office all executive officers for cause, to be judged of by the President alone, and that he verily believes that the executive power of removal from office, confided to him by the Constitution, as aforesaid, includes the power of suspension from office indefinitely."
Now, these offices, so vacated, must be filled, temporarily at least, by his appointment, because government must go on; there can be no interregnum in the execution of the laws in an organized government; he claims, therefore, of necessity, the right to fill their places with appointments of his choice, and that this power can not be restrained or limited in any degree by any law of Congress, because, he avers, "that the power was conferred, and the duty of exercising it in fit cases was imposed on the President by the Constitution of the United States, and that the President could not be deprived of this power, or relieved of this duty, nor could the same be vested by law in the President and the Senate jointly, either in part or whole."
This, then, is the plain and inevitable issue before the Sehate and the American people:
Has the President, under the Constitution, the more than kingly prerogative at will to remove from office and suspend from office indefinitely, all executive officers of the United States, either civil, military or naval, at any and all times, and fill the vacancies with creatures of his own appointment, for his own purposes, without any restraint whatever, or possibility of restraint by the Senate or by Congress through laws duly enacted?
The House of Representatives, in behalf of the people join this issue by affirming that the exercise of such powers is a high misdemeanor in office.
If the affirmative is maintained by the respondent, then, so far as the first eight articles are concerned--unless such corrupt purposes are shown as will of themselves make the exercise of a legal power a crime--the respondent must go, and ought to go quit and free.
Therefore, by these articles and the answers thereto, the momentous question, here and now, is raised whether the PRESIDENTIAL OFFICE ITSELF (IF IT HAS THE PREROGATIVES AND POWER CLAIMED FOR IT) OUGHT, IN FACT, TO EXIST AS APART OF THE CONSTITUTIONAL GOVERNMENT OF A FREE PEOPLE, while by the last three articles the simpler and less important inquiry is to be determined, whether Andrew Johnson has so conducted himself that he ought longer to held any constitutional office whatever. The latter sinks to merited insignificance compared with the grandeur of the former.
If that is sustained, then a right and power hitherto unclaimed and unknown to the people of the country is engrafted on the Constitution most alarming in its extent, most corrupting in its influence, most dangerous in its tendencies, and most tyrannical in its exercise.
Whoever, therefore, votes "not guilty" on these articles votes to enchain our free institutions, and to prostrate them at the feet of any man who, being President, may choose to control them.
A few days after this, Judge Curtis, of the President's counsel, spoke on behalf of the President. The first and principal Goverment of the Articles of Impeachment against Mr. Johnson was violation of the Office-Tenure Act, which had been passed the year before for the undisguised purpose of restricting the President's power to remove his Cabinet officers, particularly, his War Minister, Mr. Stanton. It was apparent that Mr. Butler had been embarassed in his plea by the proviso of that Act, that members of the
The only question remaining is, does the respondent justify himself by the Constitution and laws?
On this he avers, that by the Constitution, there is "conferred on the President as a part of the executive power, the power at any and all times of removing from office all executive officers for cause, to be judged of by the President alone, and that he verily believes that the executive power of removal from office, confided to him by the Constitution, as aforesaid, includes the power of suspension from office indefinitely."
Now, these offices, so vacated, must be filled, temporarily at least, by his appointment, because government must go on; there can be no interregnum in the execution of the laws in an organized government; he claims, therefore, of necessity, the right to fill their places with appointments of his choice, and that this power can not be restrained or limited in any degree by any law of Congress, because, he avers, "that the power was conferred, and the duty of exercising it in fit cases was imposed on the President by the Constitution of the United States, and that the President could not be deprived of this power, or relieved of this duty, nor could the same be vested by law in the President and the Senate jointly, either in part or whole."
This, then, is the plain and inevitable issue before the Sehate and the American people:
Has the President, under the Constitution, the more than kingly prerogative at will to remove from office and suspend from office indefinitely, all executive officers of the United States, either civil, military or naval, at any and all times, and fill the vacancies with creatures of his own appointment, for his own purposes, without any restraint whatever, or possibility of restraint by the Senate or by Congress through laws duly enacted?
The House of Representatives, in behalf of the people join this issue by affirming that the exercise of such powers is a high misdemeanor in office.
If the affirmative is maintained by the respondent, then, so far as the first eight articles are concerned--unless such corrupt purposes are shown as will of themselves make the exercise of a legal power a crime--the respondent must go, and ought to go quit and free.
Therefore, by these articles and the answers thereto, the momentous question, here and now, is raised whether the PRESIDENTIAL OFFICE ITSELF (IF IT HAS THE PREROGATIVES AND POWER CLAIMED FOR IT) OUGHT, IN FACT, TO EXIST AS APART OF THE CONSTITUTIONAL GOVERNMENT OF A FREE PEOPLE, while by the last three articles the simpler and less important inquiry is to be determined, whether Andrew Johnson has so conducted himself that he ought longer to held any constitutional office whatever. The latter sinks to merited insignificance compared with the grandeur of the former.
If that is sustained, then a right and power hitherto unclaimed and unknown to the people of the country is engrafted on the Constitution most alarming in its extent, most corrupting in its influence, most dangerous in its tendencies, and most tyrannical in its exercise.
Whoever, therefore, votes "not guilty" on these articles votes to enchain our free institutions, and to prostrate them at the feet of any man who, being President, may choose to control them.
A few days after this, Judge Curtis, of the President's counsel, spoke on behalf of the President. The first and principal Goverment of the Articles of Impeachment against Mr. Johnson was violation of the Office-Tenure Act, which had been passed the year before for the undisguised purpose of restricting the President's power to remove his Cabinet officers, particularly, his War Minister, Mr. Stanton. It was apparent that Mr. Butler had been embarassed in his plea by the proviso of that Act, that members of the